4. Coaching Services. You will have the option at the end of the Program to receive coaching services for a fee. You understand that the Company and all of its agents are merely life coaches. Indeed, the Company’s life coaching services are meant to help you identify the areas of your life and in your thinking that may be standing in your way. Coaching is meant for those who are emotionally stable and when major emotional and psychological wounds have already healed. Coaching is not meant to serve as a replacement for any type of professional medical or therapy related services, as referenced in Section 6. You understand that the Company and all of its agents are not in any way acting as a mental health counselor or medical professional. Indeed, coaching is, at present, an unregulated industry. Moreover, no one at the Company is licensed as a life coach by the State of Georgia or any other state.
5. Age. Only those who are at least eighteen (18) years of age or older may use or access the Site, the Services, and the Program. If you are not at least eighteen (18) years of age, you may not use or access the Site, the Services, or the Program. By accessing, purchasing, or downloading any content from the same, you are representing and warranting that you are at least eighteen (18) years of age or older.
6. No Medical Advice. The Program is meant to help women end emotional eating, stop self-sabotage, and ditch diet drama and is designed for non-commercial, informational purposes only. Provided however that this description is merely meant to describe the Program and does not constitute a warranty of any particular result. YOU SHOULD NOT RELY ON THE PROGRAM OR ANY COACHING SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE PROGRAM, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT AVOID OR DELAY OBTAINING MEDICAL OR HEALTH ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF ANYTHING YOU HEAR OR OBTAIN THROUGH THE PROGRAM OR ITS CONTENT. THE USE OF ANY INFORMATION THAT IS CONTAINED ON THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE PROGRAM IS AT YOUR OWN RISK, AND YOU HEREBY ASSUME THE RISK FOR ACCESSING OR USING THE SITE OR THE SERVICES OR PARTICIPATING IN THE PROGRAM. Nothing within the Program or contained on the Site or Services is intended to be nor should it be taken as the practice of medicine or counseling services. Counseling services and medical care include but is not limited to, psychiatry, psychology, psychotherapy, the practice of pharmacy, substance abuse treatment, nutrition and fitness counseling, nutrition services performed by nutritionists, dietary advice provided by dieticians, or providing healthcare treatment, instructions, diagnosis, prognosis, or advice. The information you receive from use of the Program are based on one (1) individual’s personal experience and what they have come to understand as a life coach and a person, and no assurances are given that the information in the Program comports with developments or techniques as discovered or promulgated by other authorities.
7. No Duty. Your access and use of the Site, the Program, or any ancillary or related Services provided by the Company does not create in any way a physician-patient, therapist-patient, confidential, or privileged relationship, or any other type of similar relationship which would give rise to a duty of confidentiality or professional privilege of any kind. The Coach shall endeavor to not share any personal information you share with the Coach without just cause. However, if you disclose anything in connection with using the Site, the Services, the Program, or to the Coach then the same may be discoverable under the law, and the Company and the Coach may report and testify regarding the same. If you report child or elder abuse or neglect or threaten to harm yourself or someone else, you understand that necessary actions will be taken (as determined by the Coach and the Company in its sole and absolute discretion) to protect the life and welfare of you and that of any endangered third party.
8. No Guarantees. The Company nor any of its agents (including but not limited to Coach) represent, warrant, or guarantee any particular result from your usage of the Site, the Services, or the Program. Your experience may vary and is individual to you. If you rely on any information provided by this Site, the Services, the Program, or the Company’s agents, you do so solely at your own risk.
9. Access to the Site. You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations (to the extent applicable) pertaining to and with respect to your use of the Site, the Services, and the Program. You also acknowledge and agree that your use of the internet and access to the Site is solely at your own risk. The Company reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.
10. Confidentiality. You understand that the confidentiality of any communication or material transmitted to or from the Site and over the internet, text, and email communications cannot be guaranteed. The Company is therefore not responsible for the security of any information transmitted to or from the Site or over email, text, or other electronic means, and your transmittal of information over the same is at your own risk.
14. Price. The Company reserves the right to adjust pricing for the products and services offered on the Site, the Services, and the Program or any parts or portion thereof at any time as determined in the Company’s sole and absolute discretion.
15. No Refunds. ALL SALES ARE FINAL, AND ALL PAYMENTS TO THE COMPANY ARE NONREFUNDABLE.
16. Account. If the Program requires you to open an account, you must provide the Company with current, complete, and accurate information. If you provide any information which is untrue, inaccurate, or not current or complete then the Company may terminate your access and use of the Program. As part of the registration process, you may be asked to enter an email and password and/or select a username. You are entirely responsible for the maintenance, the security, and the confidentiality of your account and password. MOREOVER, YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES ON YOUR ACCOUNT, REGARDLESS OF WHETHER YOU OR A THIRD PARTY IS RESPONSIBLE FOR THE SAME. You must notify the Company immediately if you come to discover or suspect any unauthorized use of your account or breach of your account or information. The Company shall not be liable for any loss that you incur as a result of someone else using your password and/or account, regardless of if you were aware for the same.
17. Links to Third Party Sites. At times, you may encounter a link on the Site, which will direct you to leave the Site. The Company does not control or endorse any link to another site, nor has the Company reviewed or approved of the content of the same. The Company is not responsible for any content appearing on a third party site and disclaims all liability regarding the same. You therefore agree to hold the Company harmless from and against any and all damages or losses incurred by you in the connection with any third party link or content.
19. Disclaimer of Warranties. THE SITE, THE SERVICES, THE PROGRAM, AND ANY CONTENT, TOOLS, PRODUCTS, OR SERVICES DISPLAYED, ACCESSED, OR OBTAINED ON OR THROUGH THE USAGE OF THE SITE, THE SERVICES, AND THE PROGRAM ARE PROVIDED ON AN “AS-IS,” “WHERE-IS,” “WITH ALL FAULTS,” BASIS AND WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, WRITTEN OR UNWRITTEN. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMITTED BY LAW. MOREOVER, THE COMPANY DOES NOT WARRANT OR GUARANTY THAT THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES PROVIDED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, THE SERVERS, OR EMAILS ARE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL CONTENT. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE SAME. THE COMPANY ALSO DOES NOT WARRANT THAT: (A) YOUR USE OF THE SITE, THE SERVICES, OR THE PROGRAM AND ACCESS TO USE ALL OF THE FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) THAT DEFECTS WILL BE CORRECTED; OR (C) THAT ANY SOFTWARE, SERVICES, SITES, OR SERVERS BY WHICH YOU ACCESS THE SITE, THE SERVICES, OR THE PROGRAM ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. YOUR USE OF THE SITE, THE SERVICES, AND THE PROGRAM, AND ANY INFORMATION OR MATERIALS YOU PROVIDE IN CONNECTION THEREWITH ARE ENTIRELY AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE, THE SERVICES, OR THE PROGRAM OR ANY PRODUCTS OR SERVICES CONNECTED THEREWITH. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations may not apply to you, and you might have additional rights. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of the Company’s liability will be the minimum permitted under such applicable law.
20. Limitation of Liability and Damages. NEITHER THE COMPANY NOR ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUPPLIERS, AGENTS, OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (A) THE USE OR INABILITY TO USE THE SITE, THE SERVICES, AND/OR THE PROGRAM; (B) ANY CONTENT CONTAINED ON THE SITE, THE SERVICES, AND/OR THE PROGRAM; (C) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE, THE SERVICES, OR THE PROGRAM; (D) LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION OR DATA ARISING FROM AN INABILITY TO USE THE SITE, THE SERVICES, THE PROGRAM OR ANY CONTENT ASSOCIATED THEREWITH EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (E) ANY OTHER MATTER RELATING TO THE SITE, THE PROGRAM, OR THE SERVICES. IN NO EVENT SHALL THE COMPANY’S OR ITS LICENSORS, SUCCESSORS, HEIRS, OR ASSIGNS’ TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU, IF ANY, FOR USING THE SITE, THE PROGRAM, OR THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of the Company’s liability will be the minimum permitted under such applicable law.
21. Release. BY ACCESSING THE SITE, THE SERVICES, OR THE PROGRAM, YOU HEREBY AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, SUCCESSORS, AND PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE THE COACH, THE COMPANY, AND ALL OF THE COMPANY’S OWNERS, AFFILIATES, PARTNERS, OPERATORS, MANAGERS, AGENTS, EMPLOYEES, SUCCESSORS, HEIRS, ASSIGNS, AND PERSONAL REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS YOU MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES, AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD ATTRIBUTABLE OR RELATING IN ANY MANNER TO THE SITE, THE SERVICES, OR YOUR PARTICIPATION IN THE PROGRAM, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR BY OTHER REASON TO THE FULLEST EXTENT PERMITTED BY LAW. BY ACCESSING THE SITE, THE SERVICES, AND THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT THIS RELEASE AND WAIVER OF LIABILITY IS INTENDED TO BE, AND IS A COMPLETE RELEASE OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ANY AND ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR DAMAGES SUSTAINED BY YOU WHILE USING OR ACCESSING THE SITE, THE SERVICES, OR THE PROGRAM TO THE FULLEST EXTENT PERMITTED BY LAW. YOU FURTHER AGREE FOR YOURSELF AND ALL OF YOUR HEIRS, SUCCESSORS, AND PERSONAL REPRESENTATIVES NOT TO SUE THE RELEASED PARTIES OR INITIATE OR PURSUE ANY CLAIM FOR DAMAGES OR CAUSE OF ACTION AGAINST THE RELEASED PARTIES WHICH YOU OR YOUR HEIRS MAY HAVE AS A RESULT OF ANY PERSONAL INJURY, DEATH, OR DAMAGE YOU MAY SUSTAIN BY ACCESSING OR USING THE SITE OR THE SERVICES OR PARTICIPATING IN THE PROGRAM TO THE FULLEST EXTENT PERMITTED BY LAW.
23. Copyright Policy. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material which appears on the internet infringes their rights under the U.S. copyright law. If you have a good faith belief that materials hosted by the Company infringe your copyright, you or your agent may send the Company a notice requesting that the materials be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you have a good faith belief that a notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send to the Company a counter-notice. All notices and counternotices must meet the then current statutory requirements imposed by the DMCA. If you believe your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of where the material that you claim is infringing is located on the Site, the Program, or the Services reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and your email address; (f) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send these notices to: email@example.com.
24. Not for Use Outside the United States. The Company makes no representation or warranty that the content on the Site, the Services, or the Program are appropriate or available for use in locations outside the United States. Those who choose to access the Site, the Services, or the Program from other locations do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws including but not limited to local, state, federal, and international laws to the fullest extent permitted by law. The Company reserves the right at any time and in its sole discretion to limit the availability and the access of the Site, the Services, and/or the Program to any person, geographic area, or jurisdiction it desires and to limit the quantities of such services or products that it provides.
25. GDPR. The General Data Protection Regulation (“GDPR”) is legislation from the European Union that is meant to give citizens of the European Union more control over their data. Please be advised that the Company does not now nor does it intend to comply with the GDPR. Accordingly, if you reside or are located outside the United States of America and/or if you access the Site, the Services, or the Program from outside the United States of America, you do so with your own risk to the fullest extent permitted by law. You further agree by using the Site, the Services, or the Program to indemnify and hold harmless the Released Parties from and against any and all damages regarding violations concerning the GDPR or other international laws arising from your use of the Site, the Services, and the Program to the fullest extent permitted by applicable law.
26. Termination. You agree that the Company, in its sole and absolute discretion, may terminate your password, account (in whole or in part), or use of the Site and may remove and discard any content within the Site, the Services, or the Program at any time and for any reason without notice to you.
33. Number and Gender. Whenever required by the context, the singular number shall include the plural and the masculine gender shall include the feminine and the neuter and vice versa.
Last updated on January 31, 2020.