Terms and Conditions
Welcome to www.here4youhc.com, an online website operated by Here 4 You Health Coaching, LLC, an Arizona limited liability company (“H4Y”, “We”, “Our”, or “Us”). The Site enables visitors (“Users”) who are at least eighteen (18) years of age to make purchases, access general information and to make use of services and participate in programs promoting general wellness, including but not limited to email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications and products and services, including but not limited to PDFs, audio materials, visual materials, online courses, training programs, supplements and foods. These Terms & Conditions of Use (the “Agreement”) set forth the terms and conditions which govern Your use of the Site and apply to information We collect on this Site, through electronic mail (“e-mail”), text and other electronic messages between You and this Site, through mobile and desktop applications You download from this Site, and when You interact with our advertising and applications on third-party websites and services.
Please read this Agreement carefully before accessing the Site. By accessing the Site, Users agree to be bound by the terms and conditions set forth in this Agreement. If Users do not wish to be bound by this Agreement and Our Privacy Policies, they are not authorized to use this Site. This Site is offered and available to Users who are eighteen (18) years of age or older. By using this Site, You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not, You must not access or use the Site.
H4Y reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all access to and use of the Site thereafter. You agree to review the Agreement periodically to be aware of such modifications and Your continued use of the Site shall be deemed to be Your conclusive acceptance of any modified Agreement. We reserve the right to withdraw or amend this Site and any service or material We provide, in Our sole discretion without notice. From time to time We may restrict access to some parts or all of the Site to Users, including Registrants.
You acknowledge and agree that You will consult with Your physician if You have any questions or wish to seek advice regarding a medical condition, Your diet, nutritional supplements, an exercise regimen or any other matter related to Your health or general well-being. H4Y cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any Content or products provided on this Site. H4Y expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement or other information posted on the Site by Users. You bear sole responsibility for Your own health and diet research and decisions.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
1.1 Capacity. Each User who wishes to make use of certain features offered through the Site, as described herein, must register with the Site (each a “Registrant”, collectively the “Registrants”) (Registrants, along with the Users “You” or “Your”). By checking the box “Accept” next to the text of the “Terms and Conditions of Use”, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.
1.2 Accurate Information. Registrants agree to provide Us with accurate, complete and current information during registration, and to update information provided to Us if and when such information should change.
1.4 Revocation of Registration. Registrant agrees that H4Y has the right to cancel their registration for any reason at any time, in Our sole discretion. The revocation of a Registrant’s registration shall result in the disabling of any user name, password or other identifier if, in Our opinion, You have violated any provision of this Agreement. The loss of access to portions of the Site accessible by Registrants, and Registrants agree that H4Y shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect Our interests.
1.5 Charges. While use of the Site is currently free of charge, You acknowledge that We may, in Our sole discretion, decide at any time to charge for such access and services.
MEDICAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES, COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, H4Y MATERIALS (AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED) AND ALL OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED IN CONNECTION WITH THE SITE BY H4Y OR THIRD PARTIES ON BEHALF OF H4Y, AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT. YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING, YOU AGREE THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE SITE.
2. Commercial Transactions
2.1 Purchases. Products and/or services are offered for sale through the Site. In the event You wish to purchase any of these products or services, You will be asked by H4Y or an authorized third party on behalf of H4Y to supply certain personally identifiable information (“PII”), including without limitation, Your full name, address, telephone number and credit card information. You agree to provide H4Y or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that You may enter into which governs Your purchase of such product or service. You shall be responsible for all charges incurred through Your account as well as any shipping and applicable taxes.
2.2 Payment. Your right to use any service or product that is available for purchase through the Site is conditional on Our receipt of payment for such service or product. If payment cannot be charged to Your credit card or if a charge is refunded for any reason, including chargeback, We reserve the right to either suspend or terminate Your account, thereby terminating this Agreement and all obligations hereunder.
2.3 Refunds. Because this is a coaching program, refunds may or may not be given, depending on the amount of work done and the amount of time that has passed. Please see your individual coaching arrangement for more details regarding refunds. If you are unsure how to access your coaching arrangement or you wish to ask questions about refunds, please email firstname.lastname@example.org for details.
3. Intellectual Property
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) are owned by H4Y, its licensors or other providers of such material and are protected by Us and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
3.1 Copyright. Except for Registrant Content, any content contained in the Site and any newsletters or other materials created and distributed through the Site by H4Y are the property of H4Y, as applicable, and are protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Site. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for Your personal, non-commercial use.
3.2 Materials. Subject to the limited license set forth in Section 4.2 hereof, You will have the opportunity to download and use certain H4Y Materials. You acknowledge and agree that You shall not infringe or otherwise violate the copyright or other proprietary rights of any H4Y Materials.
3.3 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of H4Y or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without Our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits H4Y, its licensors or suppliers.
3.4 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe that Your Content has been copied and Posted on the Site in a way that constitutes copyright infringement, please provide Our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Site; Your address, telephone number, and e-mail address; a written 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; 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. 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 H4Y actual knowledge of facts or circumstances from which infringing material or acts are evident. H4Y’ copyright agent for notice of claims of copyright infringement can be reached as follows:
Please send an e-mail to email@example.com, or write us at the following address: Here 4 You Health Coaching, 5750 N Placita Deleite, Tucson AZ, 85750.
We suggest that You consult Your legal advisor before filing a notice with H4Y’ copyright agent. Be advised that pursuant to this Agreement You are granting certain licenses to use Your Registrant Content. You should note that there can be penalties for false claims under the DMCA.
4.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Site, except that You may download Content from the Site as machine readable copies and/or print copies of any web page, provided that such copies will be used for Your own personal (non-commercial) use and not for the purposes of competing in any manner with the Site or H4Y. If Your rights to use the Site ceases for any reason, You must, at Our option, return or destroy any copies of the Content You may have made.
4.2 Grant of License to H4Y Materials. As part of Your use of the Site, H4Y grants to You a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing H4Y Materials on Your personal computer for Your own personal, non-commercial use only. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to You any rights or license permitting You (i) to translate, alter, copy, revise, modify, change, or create derivative works based on H4Y Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make H4Y Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce H4Y Materials, in whole or in part. Subject to the limited license granted in this Section 4.2, H4Y retains any and all rights that now or hereafter exist with respect to H4Y Materials.
H4Y and/or third parties may provide links to other websites of possible interest to you. Because We have no control over such websites, You acknowledge and agree that We are not responsible for the availability of such websites, We do not sponsor or endorse such websites, and We are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites and Your access and use such websites at Your own risk. You also acknowledge and agree that H4Y shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
You may include on Your website a link to a Site, provided that Your website does not violate any Content Restrictions. Further, Your link, nor any other content on Your website, shall not mislead or suggest that Your website is sponsored by or affiliated with the Site. H4Y reserves the right to revoke, at any time, this limited authorization to link to the Site.
6. DISCLAIMER OF WARRANTIES
6.1 REGISTRANTS AND USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE SITE IS AT THEIR SOLE RISK. H4Y EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE SITE. NO INFORMATION OBTAINED FROM H4Y, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. H4Y SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE SITE. SPECIFICALLY, H4Y DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE.
6.2 H4Y MAKES NO GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT APPEARING ON THE SITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED THEREIN, LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT APPEARING ON THE SITE, ANY CONDUCT BY REGISTRANTS OR VISITORS, OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE SITE ARE ACQUIRED BY YOU “AS IS” AND “AS AVAILABLE”. H4Y NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY AND/OR THE RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON THE SITE. THE CONTENT IS NOT NECESSARILY COMPLETE OR UP TO DATE. ANY CONTENT MAY BE OUT-OF-DATE AT ANY TIME AND WE ARE UNDER NO OBLIGATION TO UPDATE IT.
6.3 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERIVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF H4Y. H4Y MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
7. LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL H4Y, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE SITE, WHETHER OR NOT H4Y PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.
7.3 Indemnity. You shall indemnify and hold harmless H4Y, its affiliates or their licensors, service providers, employees, agents, officers or directors from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against H4Y, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through Our Site, Your use of Our Site, Your connection to Our Site, Your breach of this Agreement, or Your violation of any law or the rights of a third party.
7.4 Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that H4Y shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between You and H4Y by this Agreement.
Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Here 4 You Health Coaching, 5750 N Placita Deleite, Tucson AZ, 85750 USA.
Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and You hereby submit to exclusive jurisdiction in the federal and state courts of Arizona although We retain the right to bring any suit, action or proceeding against You for breach of this Agreement in Your county of residence or any other relevant county. You agree to receive service of process through certified mail or by other means sanctioned by law, and You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by H4Y, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Disclaimer. H4Y is a provider of online information relating to health, nutrition, diet and vitality. H4Y is not a healthcare practitioner or provider. This Site is provided for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by H4Y or any of its H4Y affiliates, agents, employees, consultants or service providers. If You have or suspect that You have a medical problem, contact Your health care provider promptly.
Electronic Communications. By becoming a Registrant or by sending e-mails to Us, You are communicating with Us electronically. We will communicate with You by e-mail or by posting notices on this Site. You consent to receive communications from Us electronically. Further, You agree that all communications including but not limited to agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
Resale. No products purchased from this Site shall be resold without written permission from H4Y.
Last Updated October 16, 2019.