Holistic Lifestyle Coaching
Terms of Service
These Terms of Service (the “Terms” or “Agreement”) are made and entered into by and between you (“User”, “you” or “your”) and H L Coaching Group LLC, a Florida limited liability company (referred to in these Terms as “Company”, “we”, “us” or “our”) for the use of the website https://hlcoachinggroup.com, any site or sub-site hosted thereon, and any mobile application or other software provided by us (collectively, the “Platform”).
BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY US (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).
Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Platform, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Platform. These Terms along with our Privacy Policy and Cookie Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Platform. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Platform, products, and services. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.
You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform, products, or services. We will not be liable if for any reason all or any part of the Platform, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Platform, products, or services and ensuring that all persons who access the Platform, products, or services through your internet connection are aware of and comply with these Terms.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 17). For any dispute involving amount less than Eight Thousand ($8,000.00) Dollars, the Parties shall submit such disputes to non-binding mediation in Palm Beach County, Florida (JAMS Rules).
1. Overview. The Company provides you access to our personalized virtual Platform that allows Users to browse and purchase consumer goods and cosmetic products, including but not limited to an assortment of essential oils and dietary supplements (collectively defined as, “Products”), and access to the Company’s at home health labs and tests, holistic and lifestyle coaching, and personalized health assessments (collectively defined as, “Services”).
2. Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are under the age of eighteen (18), you represent that you have your parent’s or legal guardian’s permission to use the Platform.
2.1 Parents and Legal Guardians. If you are a parent or legal guardian who allows your minor children to use the Platform through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Platform. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Platform.
3. Accounts and Registration.
- As part of the Platform, you may create a user account (“Account”). Users will receive an email confirming the creation of their Account.
- When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date, at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your Account is no longer secure, then you must immediately notify us at orders@hlcoachinggroup.com.
- Incurring Liabilities. Notwithstanding any other terms of this Agreement, any acts or omissions by the User that violate the Terms shall be deemed a breach of these Terms by the User and User will indemnify, defend, and hold the Company harmless from and against all damages, liabilities, costs, and expenses that the Company may incur as the result of such breach.
- General Payment Terms. Although the Company may, in its discretion, make certain features and content of the Platform available free of charge to certain users, other features of the Platform may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are stated in U.S. Dollars and shall be deemed non-refundable, once paid.
- Products and Services. Subject to your compliance with these Terms, you may purchase the Products and/or Services made available on the Platform. When browsing our Platform, to purchase one or more Products and/or Services, you must first select the Product and/or Service and then add the item to your online shopping cart (the “Cart”). Once you have added all Products and/or Services that you wish to purchase to your Cart, you then have an opportunity to review your order, including a description of the Products and/or Services, the order subtotal, shipping costs, and taxes. Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as credit card payment information. We reserve the right to add or remove any Products and/or Services made available for purchase through the Website as we determine in our sole discretion from time to time.
You agree to provide only true, accurate, current and complete information in connection with any purchase of Products and/or Services, and further agree that by inputting such information you desire to purchase the Products and/or Services on the terms and conditions set forth herein. By clicking “Complete Your Order”, you confirm your agreement to purchase the applicable Products and/or Services and agree that we may charge you for the total cost displayed to you at such time.
- Prices. The Company reserves the right to determine pricing for the Products and Services in its sole discretion and may change pricing at any time. It is your responsibility to confirm the total price displayed to you before you click “Checkout” or “Confirm Your Booking”. We will make reasonable efforts to keep pricing information published on the Platform up to date. We will use reasonable efforts to notify you of any changes before they apply. We encourage you to check our Platform periodically for current pricing information. We may change the fees for any Product and/or Service or feature of the Platform or the Subscription Service (if applicable and as defined below), at any time. We may also, in our sole discretion, make promotional offers with varying features and legal terms available to select Users. Any such promotional offers, unless made to you and accepted by you, will not apply to your use of the Platform, Subscription Service, or any Service.
- Product and Service Information. Although we have made every effort to display our Products and their colors and appearance as accurately as possible, the displayed attributes of the Products depend upon the monitor of the User, and the Company cannot guarantee that the User’s monitor will accurately portray the actual attributes of the Products. Products and Services displayed may be out of stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price, description, or any other matter. The User acknowledges that the Company does not make any representations regarding the appearance or quality of the Products and Services and the User acknowledges and agrees to release the Company of liability from any and all claims or disputes arising from the representations regarding the Products’ and Services’ appearance or quality.
- Shipping and Returns. Once you have clicked “Complete Your Order”, User will generally receive a confirmation email within two (2) business days. You acknowledge that once a Product has been removed from its packaging and opened it cannot be returned to Company. Company will only provide User with a return or replacement if the purchased Product by User is damaged in transit. User acknowledges that if a Product is damaged in transit, User must provide proof of damage by sending a photograph to orders@hlcoachinggroup.com within ten (10) days of receiving their order. Aside from damages in transit, User acknowledges that all sales are final.
- Subscription Service. On the Platform, we may provide a subscription-based membership to Users by which you authorize automatically recurring payments for periodic charges (“Subscription Service”). Terms and conditions of any Subscription Service will be posted on our Platform from time to time, to which you expressly agree if you elect to purchase a Subscription Service. If you purchase a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. UNLESS EXPRESSLY STATED OTHERWISE AT THE TIME YOU ACTIVATE THE SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE SUBSCRIPTION BILLING DATE ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD, (B) THE SUBSCRIPTION WILL CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT, AND (C) YOU MUST CANCEL YOUR SUBSCRIPTION THIRTY (30) DAYS OR MORE PRIOR TO ANY RENEWAL PERIOD IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. We will bill the periodic subscription fee (“Subscription Fee”) to the payment method you provide to us during registration (or to a different payment method if you change your payment information), or as otherwise specified in your Account.
You agree the Subscription Service fees are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company regarding future functionality or features. You are responsible for any charges assessed by your bank or payment provider. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder.
ALL SALES ARE FINAL. YOU SHOULD BE AWARE THAT WE DO NOT OFFER REFUNDS FOR PAID SUBSCRIPTIONS UNDER ANY CIRCUMSTANCE.
You may cancel the Subscription Service, upon thirty (30) days’ notice by following the instructions in your Account or contacting us at: orders@hlcoachinggroup.com
- Authorization. You authorize the Company to charge all amounts applicable for paid features that you choose to utilize and any level of Subscription Service you select as described in these Terms or published by the Company on the Subscription Service, from time to time, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit, debit, or other payment card, we may seek pre-authorization or verification of your credit card account prior to your purchase to prevent fraud and/or verify that the payment card is valid and has the necessary funds or credit available to cover your purchase. You hereby authorize the Company to pre-authorize your payment card for the costs and fees incurred with the Platform, Products, Services or Subscription Service, including any other fees that may be due hereunder.
- Complementary Services. We may make complementary services available to you (“Complementary Services”), from time to time. Your use of Complementary Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Complementary Services are provided to you without charge up to certain limits set forth by us and subject to change without notice. You agree that the Company, in its sole discretion and for any or no reason, may terminate access to the Complementary Services or any part thereof. You agree that any termination of access to the Complementary Services may be without prior notice, and you agree that the Company will not be liable to you or any third party for such termination.
NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, ANY COMPLEMENTARY SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND WE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE COMPLEMENTARY SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE OUR LIABILITY WITH RESPECT TO THE COMPLEMENTARY SERVICES SHALL NOT EXCEED TEN ($10.00) DOLLARS. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE COMPLEMENTARY SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE COMPLEMENTARY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE COMPLEMENTARY SERVICES WILL BE ACCURATE.
- Payment Processing. When you make a purchase of any Products and/or Services through the Platform, you authorize Company and its third-party payment processors, including GoDaddy®, to charge the credit card identified by you for the total cost including, shipping and taxes. You further represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such credit card for the purpose of making such purchase. You acknowledge and agree to abide by any applicable terms and conditions of GoDaddy®, which can be accessed here:
https://www.godaddy.com/legal/agreements/universal-terms-of-service-agreement
You further authorize the Company and GoDaddy®, to store your credit card information. If the Company does not receive payment from your credit card provider, Products will not be shipped to you until the Company receives payment.
- Delinquent Accounts. We may suspend or terminate your access to the Platform, including fee-based portions of the Subscription Service, if you owe any amount to us which remains unpaid for a period of thirty (30) days or more. In addition to the amount due we may charge you fees and costs that are incidental to any chargeback or collection of any unpaid amount, including legal fees and costs.
- Third Party Services.
- Linked Websites. The Platform may contain links to third-party websites (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others, not by the Company, and we have no control over any content or legal terms contained in any Third-Party Sites. By visiting any Third-Party Sites, you agree to expressly be bound by any posted terms and conditions. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. Company is not responsible for the content of any linked Third-Party Sites and does not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. To the fullest extent permitted under applicable law, you agree to indemnify us and hold us harmless for your access and use of any Third-Party Sites.
- Third-Party Service Providers. The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our Platform. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your Account. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our Products, Services, website, as specified in these Terms or in our Products or Services. For more information, please visit our Cookie Policy and Targeted Ads Policy to which you expressly agree.
- Our Content
- Our Platform contains our proprietary material or material that has been licensed to us, including but not limited to software, text, graphics, and images (collectively, our “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is the intellectual property of Company or our licensors and constitute trademarks, patents, copyrights, and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions. Unauthorized use of our Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. Failure to do so may result in violations of state and federal laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website, digital or printed materials, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Platform shall automatically terminate and you must immediately destroy any copies you have made of the Content.
- The trademarks, service marks, and logos of the Company (collectively, the “Company Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Platform without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by us. None of the Content for this Platform may be retransmitted without the express written consent from the Company for each and every instance.
- Ownership; Proprietary Rights. The Platform is owned and operated by H L Coaching Group LLC. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform, Products and Services (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the Platform, Products, and Services are the property of the Company or its third-party licensors. Except as expressly authorized by us, you may not make use of the Materials except in connection with your use of the Platform or any Product and/or Service. We reserve all rights to the Materials not granted expressly in these Terms.
- Feedback. If you choose to provide input and suggestions regarding the design and performance of the Platform, Products, and/or Services, problems with, or proposed modifications or improvements to the Platform, Products, and/or Services (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform, Products, and Services and create other products and services.
- Dietary Advice and Options; Food Allergies and Ingredient Intolerances. Blog posts, newsletters content, and other information provided through the Platform and any Services may contain recipes, meal recommendations, general health information, and dietary advice (collectively, the “Dietary Advice”) and the Products delivered in connection with the Platform (collectively, the “Dietary Options”) will contain various ingredients. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly call 911 or contact your health care provider.
BY USING OUR PLATFORM, YOU ACKNOLWEDGE AND AGREE THAT WE DO NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A MEDICAL PROFESSIONAL BEFORE USING OR CONSUMING ANY PRODUCTS AND/OR SERVICES. NOTHING STATED OR POSTED ON THE PLATFORM OR OTHERWISE AVAILABLE THROUGH THE PLATFORM, PRODUCTS, AND SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, NOR ANY OTHER LICENSED PROFESSIONAL. THE CONTENT AND INFORMATION OBTAINED FROM THE PLATFORM, PRODUCTS, AND SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE CONTENT IN THE PLATFORM, PRODUCTS, AND SERVICES IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE ADOPTING ANY DIETARY ADVICE OR CONSUMING ANY PRODUCTS, WHETHER OFFERED THROUGH OR BY THE PLATFORM, PRODUCTS, SERVICES, OR OTHERWISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE PLATFORM, PRODUCTS, AND/OR SERVICES.
BY USING OUR PLATFORM, YOU ALSO ACKNOWLEDGE THAT YOU WILL DISCLAIM ANY AND ALL HEALTH-RELATED CONDITIONS, PROCEDURES, AND ALL OTHER CIRCUMSTANCES APPLICABLE TO COMPANY’S PRODUCTS AND SERVICES. ANY FAILURE TO DISCLOSE ANY OF THE ABOVE-MENTIONED INFORMATION IS NOT THE COMPANY’S RESPONSIBILITY AND THE COMPANY WILL NOT INCUR ANY DAMAGES OR LIABILITIES AS A RESULT OF SUCH OMISSION(S).
- Health Related Information; Medical Disclaimer.
PLEASE BE AWARE THAT NOTHING STATED OR POSTED ON THE PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE. YOUR USE OF THE SERVICES, PRODUCTS, AND PLATFORM IS AT YOUR OWN RISK. IN THE EVENT OF A MEDICAL OR HEALTH EMERGENCY, PLEASE CALL 911 OR APPROPRIATE EMERGENCY RESPONDERS IMMEDIATELY.
The Food and Drug Administration has not evaluated information or statements about the dietary supplements or Products on the Platform. The Products or dietary supplements are not intended to diagnose, treat, cure, or prevent any disease. Prior to using any Product or dietary supplement, you should carefully read all product packaging.
THE PLATFORM, PRODUCTS, AND/OR SERVICES PROVIDE HEALTH AND/OR FITNESS INFORMATION FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE INFORMATION ON THIS PLATFORM, PRODUCTS AND/OR SERVICES SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR, OR REPLACEMENT OF, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SHOULD YOU HAVE ANY CONCERNS OR QUESTIONS REGARDING YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID, OR DELAY SEEKING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BASED ON THE INFORMATION OBTAINED FROM THE PLATFORM, PRODUCTS AND/OR SERVICES.
THE INFORMATION PRESENTED, POSTED, OR OTHERWISE AVAILABLE THROUGH THE PLATFORM, PRODUCTS AND/OR SERVICES IS NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, MEDICAL OR COUNSELING CARE AND SHOULD NOT BE INTEREPRETED AS SUCH. THIS PLATFORM IS CONTINUALLY UNDER DEVELOPMENT AND WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. FURTHERMORE, DEVELOPMENT IN THE MEDICAL FIELD AND RESEARCH MAY IMPACT OR INFLUENCE THE HEALTH, FITNESS, AND NUTRITIONAL INFORMATION PROVIDED BY THE PLATFORM, PRODUCTS, AND/OR SERVICES. WE MAKE NO GUARANTEE THAT THE ADVICE OFFERED THROUGH THE PLATFORM, PRODUCTS AND/OR SERVICES WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATION PROVIDED THROUGH THE PLATFORM, PRODUCTS AND/OR SERVICES IS SOLELY AT YOUR OWN RISK.
We reserve the right to refuse or cancel the Services (if applicable) or Account if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
- Digital Millennium Copyright Act
- DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:
DiSchino & Schamy, PLLC
Attn: H L Coaching Group LLC Legal
4770 Biscayne Blvd., Suite 600
Miami, Florida 33137.
Email: admin@dsmiami.com
Only copyright complaints may be sent to our Copyright Agent. No other communications will be accepted or responded to.
Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Platform;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
IMPORTANT NOTICE: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM OR SUBSCRIPTION SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM OR SUBSCRIPTION SERVICE BEFORE SENDING THE NOTICE.
- Repeat Infringers. The Company will promptly terminate the Accounts of any User that is determined by the Company to be a repeat infringer.
- Modification of these Terms. We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing Users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your Account prior to the effective date of the revised Terms by contacting orders@hlcoachinggroup.com to terminate your Account, and, if you have prepaid for any Products and/or Services, request a pro rata refund for the remainder of your prepaid Products and/or Services. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform, Products and/or Services and must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
- Term, Termination and Modification of the Platform and Subscription Service.
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform, and ending when terminated as described in Section 12.2.
- Termination. If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at orders@hlcoachinggroup.com.
- Effect of Termination. Upon termination of these Terms: (a) your rights to use the Platform will terminate and you must immediately cease all use thereof; (b) you will no longer be authorized to access your Account or the Platform; (c) you must pay the Company any unpaid amount that was due prior to termination, including costs and fees that arise due to your use of the Platform and/or any breach of these Terms; and (d) all payment obligations will survive the termination hereof. You also understand and agree that all terms and conditions hereof that require continued performance, compliance, or effect beyond the termination date of these Terms shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.
- Modification of the Platform. We reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform, Products, or Services or any suspension or termination of your access to or use of the Platform, Products, or Services. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Platform.
- Updates.
- We may automatically update the Platform at our sole discretion, including but not limited when we want to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
- If you choose not to install such updates or if you opt out of automatic updates (if applicable) you may not be able to continue using the Platform.
- Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE PLATFORM AND THE POSSIBLE RISKS INVOLVED IN USING OUR PRODUCTS AND SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.
- DISCLAIMERS; NO WARRANTIES
THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM AND/OR SUBSCRIPTION SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM, PRODUCTS, SERVICES, OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE PLATFORM, PRODUCTS, OR SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM, PRODUCTS, OR SERVICES (OR ANY INABILITY TO USE THE PLATFORM, PRODUCTS, SERVICES OR ANY PORTION THEREOF, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO THE PLATFORM FOR PRODUCTS AND/OR SERVICES; OR (B) FIVE HUNDRED ($500.00) DOLLARS.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.