DISCLAIMER AND TERMS OF USE

Last updated April 17, 2020

Please read the disclaimer and terms carefully before using the site.

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Mind Wellness Coaching (“we”, “us” or “our”), concerning your access to and use of the www.mindwellnesscoaching.com website, programs, products, services as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

By accessing and/using the Site and its content, you acknowledge and agree that you have read, understand, and agree to be bound by, and comply with, these terms.

If at any time you do not agree with the current version of the Terms and the Privacy Notice, you must immediately stop using the Site.

PURPOSE AND PROFESSIONAL DISCLAIMER
All content on the Site is for informational and educational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site. Coaching is, at present, an unregulated industry and Coaches offering services on Mind Wellness Coaching are not licensed by the State of California as healing arts practitioners.

PERSONAL RESPONSIBILITY
Our Site, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Site, Programs, Products, and Services, and you alone are 100 percent solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice on/or through our Site, Programs, Products and Services.  You acknowledge and agree that you take full responsibility for your health, life, and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all choices and decisions now and in the future.

NO GUARANTEE
The role of Mind Wellness Coaching and its coaches is to support and assist you in reaching your defined goals. Your success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot and do not guarantee that you will attain a specific personal or business result. You accept and understand that results differ by each individual person. You understand that we cannot and do not make any promises regarding outcomes, including but not limited to increased profitability, clientele, or success. As with any program or service that you use, your results may vary and will be based on many variables.

TESTIMONIALS
The Site may contain testimonials by users of our services and/or products. These testimonials reflect the real-life experiences and opinions of such users. The experiences are personal to those individual users and may not necessarily be representative of all users of our Services and/or Products. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The testimonials on the Site are not intended, nor should they be construed, as claims that our services and/or products can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition.

NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Site, including any implementation of any suggestions and or use of any content or resources on this Site, does not create a professional-client relationship between you and Mind Wellness Coaching or any of its coaches. The company cannot accept you as a client unless and until we determine that there is a fit, and certain requirements are met.

LIMITATION OF LIABILITY
Mind Wellness Coaching and its coaches will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or on our Website, Programs, Products, or Services.  In no event will we be liable to you, or to any other party, for any type of damages, including direct, indirect, special, incidental, equitable or consequential damages, for any use of or reliance on our Website, Programs, Products, and Services, or on those affiliated with us in any way.  We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, any type of loss or damage or otherwise, due to any act or default by us or anyone acting as coach, owner, staff, consultant, joint venture partners, or anyone else affiliated with mindwellnesscoaching.com, who is engaged in rendering our Programs, Products or Services, or in carrying out in-person, phone, Skype, Zoom, or online individual and group programs, classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings in any location.

INDEMNIFICATION AND RELEASE OF CLAIMS
You agree to indemnify, defend and hold harmless Mind Wellness Coaching and its owner, coaches, members, partners, directors, employees, agents, affiliates, successors and assigns from and against any and all damages, losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to: (a) your use or misuse of the Site and/or Information; (b) your breach of these Terms; or (c) a violation by you of any applicable law or regulation, or agreement or obligation to a third party.

ERRORS AND OMISSIONS
Although every effort is made to ensure the accuracy of information shared on or through our Site, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Site or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology is constantly evolving, we cannot be held responsible for the accuracy, errors or omissions related to this Site.

NO WARRENTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR PROGRAMS, PRODUCTS AND SERVICES.

CONFIDENTIALITY OF COMMUNICATION
You should be aware and understand that the use of technology is not always secure, and you accept the risks of confidentiality in the use of email, phone, text, zoom, and other technology.

PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy posted on the Site.

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

AGE
This Site is intended for use by people age eighteen (18) or older. By using this Site, you represent that you are over the age of eighteen (18).

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

AFFILIATES
From time to time, we may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with ours.  In the spirit of transparency, we want you to be aware that there may be instances when we promote or market for our partners and in exchange, we may receive financial compensation in the form of affiliate fees and/or other rewards. Please note that we are highly selective as to the partners whose programs, products and/or services we promote, and we only promote or share the programs, products, and services of those with whom we think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as we waive all liability as related to any of my affiliates, including any of their programs, products or services.

NO ENDORSEMENT
Reference or links in this Site to any other individual’s, business or entity’s information, opinions, advice, programs, products, or services do not constitute our formal endorsement. We are merely sharing information for your own self-help only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced on this Site.  Should our Website link or any of our Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website in any way.

 EXTERNAL LINKS DISCLAIMER
The Site may contain links, or you may be sent through the Site links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us.

We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print one copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

PROHIBITED ACTIVITIES
By accessing and/or using the Site, you shall not:

1.  copy the Site or Information, except as expressly permitted by these Terms for your own personal use.

2. use the Site or Information for any commercial purpose without the prior written consent from Mind Wellness Coaching;

3. use the Site or Information in a manner that: (i) violates, exploits, or harms, or attempts to violate, exploit, or harm, the legal rights (including the rights of publicity and privacy) of any person or third party; (ii) promotes any illegal activity, or advocates, promotes or assists any unlawful act; (iii) causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any person or third party; (iv) stalks, harasses, intimidates, or harms any person or third party; (v) tracks any person or third party without their explicit consent; or (vi) could give rise to any civil or criminal liability under any applicable local, state, national or international laws, statutes, ordinances, rules, regulations or ethical codes governing your jurisdiction, including confidentiality, data protection, and intellectual property laws;

4. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patent-able, of the Site or Information or any part thereof;

5. remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site or Information, including any copy thereof;

6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site.

GOVERNING LAW
These Terms are governed by, and construed in accordance with, the laws of the State of California, without regard to its conflicts of law principles, and the laws of the United States of America.

USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

AND UPDATE NOTIFICATION
We will notify/alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

INTERNATIONAL USE
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Mind Wellness Coaching
10801 National Blvd, Ste 256
Los Angeles, CA 90064

310-800-2541
info@mindwellnesscoaching.com