Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Company's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Company's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Company's website are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantibility, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company doesn not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials on or any sites linked to this site.
The Client understands that the role of the Health Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.
The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
In the event of the Client’s absence for a session, for any reason whatsoever, without 24 hours notice, the Client will not receive a refund or credit for that session due to scheduling and time lost for the coach.In the event the Client chose the pay in full option, and the coaching contract is terminated before completion for any reason, the client will owe for the sessions they received at the current per session price and will be refunded the remainder of their investment once the coaching fees are deducted. The Coach reserves the right to cancel the session/s if at any point she or he feels it is not advantageous for either party for the coaching session/s to continue. If this happens, the client is no longer financially obligated to pay for the remaining session/s.The Client understands they waive their right to cancel the contract and understands they are committed to the coaching process and contractual agreement prior to the first session.
4. Limitations
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Company's web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
6. Links
Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Company's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
9. Personal Responsibility & Release of Health Care Related Claims
The Client acknowledges that the Client takes full responsibility for the Client’s life
and well-being, as well as the lives and well-being of the Client’s family and children
(where applicable), and all decisions made during and after this program.
The Client expressly assumes the risks of the Program, including the risks of trying new foods
or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach
from any and all liability, damages, causes of action, allegations, suits, sums of money, claims
and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the
future against the Coach, arising from the Client’s past or future participation in, or otherwise
with respect to, the Program, unless arising from the gross negligence of the Coach.
The Client understands that results are not guaranteed and are determined by the amount of effort and compliance to the Coach’s advice during the program. The Client understands they are responsible for their own progress towards their goals and enters upon the agreement understanding they will need to make the effort and do the work in order to see results. The Coach is not solely responsible for whether or not the Client reaches their goals by completion of the program.
10. Confidentiality
The Coach will keep the Client’s information private, and will not share the
Client’s information to any third party unless compelled to by law.
11. Arbitration, Choice of Law, and Limited Remedies
In the event that there ever arises a dispute between Coach and Client with respect to the
services provided pursuant to this agreement or otherwise pertaining to the relationship
between the parties, the parties agree to submit to binding arbitration before the American
Arbitration Association (Commercial Arbitration and Mediation Center for the Americas
Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted
by a single arbitrator. The sole remedy that can be awarded to the Client in the event that
an award is granted in arbitration is refund of the Program Fee. Without limiting the generality
of the foregoing, no award of consequential or other damages, unless specifically set forth
herein, may be granted to the Client.
This agreement shall be construed according to the laws of the State of Arizona.
In the event that any provision of this Agreement is deemed unenforceable, the remaining
portions of the Agreement shall be severed and remain in full force.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so,
the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she
has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed
by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.