Last Updated: March 17, 2021
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
Scope of Use
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers get parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). We do not knowingly collect or solicit information from children under the age of thirteen (13). You represent that you are over the age of eighteen (18) and are the intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence is not true. We may, in our sole discretion, refuse to offer the Services to any person and/or entity and change its eligibility criteria at any time. If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information, so please contact us if you think a child has provided us personal information.
Use of Services and Availability. The Company retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of the Company’s control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your access to and/or use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.
Communications from the Company. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Your Responsibilities. Company grants you the rights set forth herein, subject to the following conditions:
You may not access all or any part of the Services in order to build a product or service which competes with the Services;
You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity;
You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Services, and to notify Company promptly of any such unauthorized access and/or use; and
You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Services without the prior written consent of Company is strictly prohibited.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to service and/or course descriptions, pricing, offers, Services and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law. The Services will include resources, virtual products and the fundamental business concepts. However, you acknowledge that while the Service will be comprehensive, completion of a course and use of the Service does not guarantee results. You further acknowledge and agree that the Company makes no guarantee, express or implied, regarding the Services, courses and/or any improvement in your business, personal life, skills and/or income.
PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights. The content, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other information on the Service (“Content”), as well as the organization and/or layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. The Company owns, controls, lawfully uses and/or licenses the Content on the Service. The Company’s name and logo may not be copied, imitated and/or used, without the Company’s prior written permission. Subject to the limited rights expressly granted hereunder, the Company and/or its third party providers reserve all right, title and interest in and to the Services and Content, including all related worldwide intellectual property rights. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of the Company or its affiliates or agents. No rights are granted to you hereunder other than as expressly set forth herein.
LisaM Michele, BE UNSTOPPABLE™ Coaching Program and the 10-Minute Method™ are the trademarks of the Company. Other names appearing on the website may be trademarks of their respective owners.
Copyright © 2021, the Company. All rights reserved.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. The Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
RESTRICTIONS ON USE OF MATERIALS
Materials. The Company may provide materials to you including but not limited to: all information related to the Company to which you have access, whether in oral, written, graphic or machine-readable form, in the course of or in connection with your use of the Services, including but not limited to notes, recordings, courses, chats, analyses, phone-calls, studies, videos, books, tests, and other aids, procedures, techniques, operating methods, know-how, processes, formulas, source and object codes, data, improvements, plans, and/or marketing information and any other information which could reasonably be expected to benefit competitors of the Company (collectively, “Materials”). You understand that the Materials that you receive are confidential and proprietary to the Company, and shall not be sold, loaned, rented, given away, distributed, advertised for sale on the ‘Internet’ and/or through any other medium, and/or exploited in any manner. Upon purchase of a course, event or subscription, as applicable, the Materials provided to you are for your sole use and are not to be shared with others.
Prohibited Conduct. You may download, store, display on your computer, view, listen to, play and print Materials that the Company publishes or broadcasts on the Service or makes available for download through the Service subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be copied, modified or altered in any way; (c) the Materials may not be publicly displayed; and (d) the Materials may not be redistributed. You further agree that you will not copy or cause to be copied and/or reproduce in any manner, electronic and/or otherwise, any of the Materials, any notes based on the Materials and/or any notes based on the courses or programs you take or otherwise participate in. The commercial use, reproduction, transmission or distribution of any Materials available through the Service without the prior written consent of the Company is strictly prohibited. You agree that you will not tape-record, video-record, transmit, photograph, and/or otherwise reproduce the Materials and/or any and all courses that you get access to through the Service.
Breach of this Section may result in irreparable and continuing damage to the Company for which monetary damages may not be sufficient, and you agree that the Company will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief as may be proper from a court of competent jurisdiction.
NO UNLAWFUL OR PROHIBITED USE
The Company reserves the right, but generally does not, and has no obligation in any way, to monitor the Services or screen content that is shared on or through the Services. The Company, however, reserves the right to review the Services and content and to monitor all use of and activity on the Service, and to remove or choose not to make available on or through the Service any content in its sole and absolute discretion. The Company may remove content that is confidential or proprietary to a third party without that third party’s permission. The Company reserves the right to take any action it deems necessary to protect the personal safety of our guests and/or the public. The Company has no liability or responsibility to users of the Services and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities.
Membership Fees. In consideration of the provision of the membership subscription described through the Service, you agree to pay the Company the fees (including without limitation membership/subscription fees for the membership option that you select during your sign up process) in accordance with the terms and conditions contained herein. Based on your initial enrollment, you will be automatically charged the membership subscription fee for the Services based on the recurrence selected at the time of payment. Such fees are non-refundable, notwithstanding your cancellation of the membership in the Service. Notwithstanding anything herein to the contrary, membership fees and charges are subject to change by the Company at any time upon fifteen (15) days prior notice to you.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments, if applicable. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (the client portal). You agree and understand that no breach of contract action may be initiated against Love Your Healthy LLC when there are reasonable delays in the access of the Service.
Love Your Healthy LLC reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
If for any reason, Love Your Healthy LLC should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.
CANCELLATIONS & REFUNDS
We offer a 30 day money back happiness guarantee should you be unhappy with the Service in your first month of membership. To request a refund please contact email@example.com. You may also cancel your monthly subscription at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid, excluding the 30 day money back guarantee as stated above.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
The 30 day refund period only applies to your first subscription and cannot be used more than once.
No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise. Furthermore, you understand and agree that some events may carry inherent risk, and by participating in such events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability or death, and you freely and willfully assume those risks by choosing to participate in those events.
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other users or participants) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES
The Services may be made available and/or accessed in connection with third party services and content that Company does not control. This website contains links to websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of the website. The Company may post advertisements of third parties through the Services, including without limitation promotions of advertisers, location based-ads, and/or sponsors showing their goods and services. Your correspondence, participation in, and/or any other dealings with third parties found through the Services are solely between you and such third party. The Company is not responsible for third party content provided on or through the Services or for any changes or updates to such third party websites, and you bear all risks associated with the access to, and use of, such websites and third party content, products and services.
You may not link to the Services without our written permission. If you are interested in linking to the Services, please contact i
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
ANY CONTENT OR MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. THE COMPANY HAS NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY THE COMPANY, ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS (US$100.00).
USE OUTSIDE DEFINED AREA
NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. The Services are not a substitute for professional advice, and you should not construe this as legal, tax, accounting, financial, medical and/or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE SERVICES IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, AND/OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE. The Company does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
The Company respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (i) terminate your account or any other user who infringes third-party copyrights, (ii) block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties, and/or (iii) remove and discontinue service to repeat offenders. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
(iv) Information sufficient to permit Company to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact information for Company’s DMCA Agent for notice of claims of copyright infringement is Love Your Healthy, LLC Attn: Copyright Agent, 9626 Mission Gorge Road, Set #B2 - 380, Santee, CA 92071.
The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services linked to and/or from the Services. All other inquiries directed to the Copyright Agent will not be responded to.
Exceptions to Agreement to Arbitrate. Either you and/or Company may assert claims, if it qualifies, in small claims court in San Diego, CA. Either party may also bring a lawsuit for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of Company’s confidential information, Content and/or use of Materials and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Company agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Diego, CA. Both you and Company consent to the foregoing venue and jurisdiction.
WAIVER AND SEVERIBILITY
All matters relating to your access to, and use of, the website, Materials and Content provided on or through or uploaded to the Services is governed by U.S. federal law or the laws of the State of California. Any legal action, arbitration or proceeding relating to your access to, or use of, the website, Materials or Content will be instituted in San Diego, CA or San Diego County, California. You and the Company agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Contact us: If you would like to request additional information regarding this Terms of Service, please contact us at firstname.lastname@example.org.