Terms and conditions

Welcome to FearlessOver50.com!

TERMS OF SERVICE FOR FEARLESSOVER50.COM
Last Updated: 2/3/2025

Welcome to FearlessOver50.com (the “Site”), owned and operated by Hopscotch Health LLC (the “Company”), located in Norwich, Connecticut. The Site provides health, fitness, and lifestyle resources for women over 50. Please read these Terms of Service (the “Terms”) carefully before accessing or using our Site and related services (collectively, the “Service” or “Services”).

By accessing and/or using the Service, you agree to be bound by all the terms and conditions set forth herein, including our disclaimers and our Privacy Policy. If you do not agree with any of these Terms, do not access or use the Service.

If you have any questions or concerns about these Terms or the Service, please contact us at:
support@fearlessover50.com

1. DESCRIPTION OF SERVICE

These Terms apply to all users of our online media services, content distribution services, and community features provided through FearlessOver50.com, along with any related mobile or desktop applications, streaming services, or other platforms (individually and collectively, the “Services”). These Terms govern your use of the Services, including all functionalities, features, streaming services, audio, visual, written media, PDFs, website links, user interfaces, and all content and software associated with the Services. References to “we,” “us,” or “our” refer to Hopscotch Health LLC.

2. ACCEPTANCE AND CHANGES TO TERMS

2.1 Acceptance of Terms
By accessing and using the Services, you agree to these Terms in full. If you do not accept and agree to these Terms of Service, do not access or use the Services.

2.2 Changes to Terms
The Company reserves the right, at its sole discretion, to modify, add, or remove any portion of these Terms at any time. Any changes become effective immediately upon posting. It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting of changes shall constitute your acceptance of such changes.

3. ACCESS AND USE OF SERVICE

3.1 Eligibility

Users accessing the Services must be at least thirteen (13) years of age.
Users registering for the Services and uploading any user-generated content must be at least eighteen (18) years of age.

3.2 Location of Use
The Company makes no representations that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal for certain persons or in certain locations, and may require government authorization or registration. When you access the Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction.

4. YOUR CONDUCT

You agree to use the Services only for lawful purposes as intended by the Company. You are prohibited from violating or attempting to violate any security features of the Services, including but not limited to:

Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Probing, scanning, or testing the vulnerability of the Services without proper authorization;
Interfering or attempting to interfere with service to any user, host, or network, including, but not limited to, submitting a virus, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”;
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
Scraping or harvesting data;
Using robots or automated systems to skew payouts or usage data.

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve law enforcement authorities in prosecuting users who are part of such violations.

Community Conduct

You are solely responsible for your behavior in any community or forum associated with the Services. We strive to create a welcoming, respectful environment. Bullying, harassment, hate speech, or any form of discrimination will not be tolerated and may result in immediate suspension or termination of your account. We also prohibit any form of self-promotion, spam, or irrelevant links to third-party sites within the community forums. If you witness or experience any harassment or inappropriate behavior, please contact our community administrators immediately.

5. USER INFORMATION

5.1 User-Provided Information
You are solely responsible for any information you upload or provide through the Services and represent that you have the right and authorization to post such information. The Company reserves the right to remove or reject any content that, in its sole discretion, does not comply with these Terms, applicable laws, or other Company policies.

5.2 Accuracy of Information
If you register for the Services, you agree to provide accurate and current information (including a valid email address) and to keep this information up to date. Our Privacy Policy, which can be found at [Privacy Policy], governs how we collect and use your information.

5.3 Offers
The Company may provide you with offers and promotions related to the Services or third-party services/products based on your account information and preferences, unless you opt out.

6. USERNAME/PASSWORD/SECURITY

You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account, whether authorized by you or not. If you share access to your device, ensure you log out to prevent unauthorized access. You agree to immediately notify the Company if you suspect any unauthorized use of your account or any other breach of security.

7. USE OF SERVICES

7.1 License to Use
The Company grants you a limited, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial purposes. This license does not allow you to sell, resell, or commercially exploit the Services or their content in any way.

7.2 Fees and Charges
If you choose to access or purchase any component of the Services for which there is a fee, you agree to pay all applicable fees and charges. All fees are billed to the payment method you provide, and you agree to keep your payment information current.

8. ACCESS TO SERVICES – SUBSCRIPTIONS & PURCHASES

8.1 Payment Options
Services may be offered on a subscription basis, pay-per-view, rent, or purchase basis. The specific payment terms for each option will be detailed at the time of your selection. Subject to your payment of any fees, the Company grants you the corresponding license to view or access the content.

8.2 Quality of Streaming
The quality of your streaming experience may vary depending on several factors including your internet connection, available bandwidth, and device capabilities. The Company makes no guarantees about the resolution or quality of any streamed content.

9. PAYMENTS & BILLING

9.1 Billing
By subscribing or purchasing Services, you expressly agree that we are authorized to charge you for the relevant fees via your selected payment method. Receipts will be emailed to the address you provide during registration.

9.2 Automatic Renewal
Unless otherwise noted in the specific terms for your chosen plan, your subscription will automatically renew at the end of each billing cycle. To avoid being charged for the subsequent cycle, you must cancel your subscription prior to its renewal date.

9.3 Cancellation
You may cancel your plan at any time following the procedures outlined in your account settings or as provided in the Service’s help documentation. Any such cancellation must occur before your next billing cycle to avoid additional charges.

10. USER COMMENTS AND SUGGESTIONS

We value and welcome your feedback but ask that you do not submit any creative ideas, inventions, or suggestions you wish to keep confidential or proprietary. Should you submit such ideas, you agree that they become the property of the Company, and the Company may use them for any purpose, commercial or otherwise, without compensation to you.

11. INTELLECTUAL PROPERTY

11.1 Trademarks and Copyrights
All trademarks, service marks, trade names, logos, and icons used by the Company in connection with the Services are proprietary to the Company. The Services (including content, software, text, media, and images) are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or otherwise exploit any materials without the express written permission of the Company.

11.2 Reservation of Rights
Except for the limited rights expressly granted herein, the Company reserves all rights, title, and interest in and to the Services.

12. SOCIAL NETWORKING

If the Services include functionality to share content to social media platforms such as Facebook, Instagram, or Twitter, you assume all responsibility for using such features, including compliance with the terms and conditions of those platforms.

13. USE OF SOFTWARE

If any portion of the Services requires the use of downloadable software (including mobile or TV apps), the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the software solely in connection with the Services. You shall not reverse engineer, decompile, or disassemble the software, nor shall you distribute or make it available to others except as permitted by the Company.

14. COPYRIGHT INFRINGEMENT NOTIFICATION

If you believe that any content accessible through the Services infringes your copyright, please notify us in writing. Your notice should include:

A physical or electronic signature of the copyright owner or authorized representative;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material or activity, with sufficient detail to help us locate it;
Your name, address, telephone number, and email address;
A statement under penalty of perjury that you have a good faith belief the use is not authorized;
A statement that the information you have provided is accurate and that you are authorized to act on behalf of the copyright owner.

For more details, please contact the Company at:
contact@fearlessover50.com

15. WARRANTY DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES OR SERVERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.

Medical Disclaimer

CONSULT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BEFORE STARTING ANY EXERCISE, DIET, OR SUPPLEMENT PROGRAM. THE CONTENT ON THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE TAKEN AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU EXPERIENCE DIZZINESS, FAINTNESS, PAIN, OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, STOP IMMEDIATELY AND SEEK MEDICAL ATTENTION.

IN CASE OF A MEDICAL EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER IMMEDIATELY. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR LOSS OF USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and partners from and against all claims, suits, actions, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) any content you post or upload; (iii) your violation of these Terms; or (iv) your violation of any third-party rights.

18. COMMUNICATIONS

By using the Services, you consent to receive electronic communications from the Company, including email communications related to your account, technical issues, and promotions. You may opt out of certain communications as set forth in our Privacy Policy.

19. ADDITIONAL TERMS AND CONDITIONS

19.1 Relationship
Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between you and the Company.

19.2 Governing Law and Venue
These Terms and all matters relating to your use of the Services shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to conflicts of laws principles. You irrevocably consent to the exclusive jurisdiction of the state and federal courts located in or serving Norwich, Connecticut, for any claim arising out of or related to these Terms.

19.3 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19.4 Waiver
No waiver of any breach or default of these Terms shall be deemed a waiver of any preceding or subsequent breach or default.

19.5 Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company. The Company may freely assign these Terms.

19.6 No Third-Party Rights
Except as expressly stated herein, these Terms do not create rights in favor of any third party.

20. PRESERVATION AND DISCLOSURE OF ACCOUNT INFORMATION AND USER CONTENT

You acknowledge and agree that the Company may preserve or disclose your account information or user-generated content if required by law or in a good faith belief that such disclosure is necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Company, its users, and the public.

21. SECURITY COMPONENTS

The Services may include security components designed to protect digital materials, and the use of these security components is subject to usage rules set by the Company and/or content providers. You agree not to attempt to override or circumvent any of these security components.

CONTACT US

If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at:

Hopscotch Health LLC
Email: contact@fearlessover50.com
Website: https://FearlessOver50.com

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy. If you do not agree, please discontinue use of the Services immediately.