Property of Julianne Vaccaro LLC
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Denver, Colorado. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
By purchasing the any Products, sessions, digital products, services, or books (the “Product”) from Julianne Vaccaro, operating as Julianne Vaccaro (“Coach”), you agree and consent to the following legal terms and conditions that govern your use of the Digital Products, Services and any and all Courses, and that form a legal agreement between you and the Coach.
You must be at least 18 years of age or older to purchase this Product. The Product is available for individual purchase only. Friends, family, partners, colleagues, etc., will need to each purchase the Product individually. You are expressly prohibited from sharing access to the Product with anyone else. Additionally, you have no right to assign this Agreement as this Product is non-transferable.
The Client understands that the role of the Health Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should n ot discontinue any prescription medications without first consulting his or her doctor.
The Client has chosen to work with the Coach and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS
The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after this program.
The Client expressly assumes the risks of the program including the risks of trying new foods
or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach
from any and all liability, damages, causes of action, allegations, suits, sums of money, claims
and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the
future against the Coach, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach.
You are responsible for paying for the Product in full and for providing Coach with a valid credit card or other payment method. If the payment is declined, returned or deemed fraudulent, your access to the Product will be terminated until all payments are made in full. If you enrolled through the payment plan and you miss a payment, your access to the Product will be suspended until you provide a valid credit card or other payment method. Multiple missed payments may result in termination of your access to the Product unless all remaining payments are made in full.
Given the nature of the Product, no refunds will be offered once purchase is complete at checkout. This includes all nonrefundable deposits.
This Product includes materials protected by copyright, trademark and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading Product files to sharing sites is considered stealing and Coach may prosecute such misconduct to the fullest extent permitted by law. Coach provides you with this Product solely for your personal, non-commercial use and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Product in a manner that constitutes infringement or that has not been authorized by Coach. More specifically, you may view, download, print, email and use these materials for your personal, non-commercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Product for commercial purposes. Additionally, you may not modify, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit or distribute in any manner or medium, including by email or other electronic means, any material from the Product.
In taking part in the Product, you agree that you will not use our content to:
Develop a competing website
Create compilations or derivative works as defined under the United States of America copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
To access certain features of the Product, you may need a username and/or password. You agree to keep this information confidential and not share it with anyone else. If Coach has reasonable grounds to suspect that you have shared your username and/or password with anyone else, or forwarded Product material to any other person, Coach has the right to suspend or terminate your account and refuse any and all current or future use of the website and online Products, in whole or part, without refund.
ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES
In the event that there ever arises a dispute between Coach and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American
Arbitration Association (Commercial Arbitration and Mediation Center for the Americas
Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted
by a single arbitrator. The sole remedy that can be awarded to the Client in the event that
an award is granted in arbitration is refund of the Program Fee. Without limiting the generality
of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to the Client.
This agreement shall be construed according to the laws of the State of Colorado.
In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
If the terms of this Agreement are acceptable, please sign the acceptance below. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.
Coach and any third party vendors may collect information from you when you purchase the Product, fill out any type of form, access private membership pages, or otherwise contact Coach via an online form, e-mail or through social media. The information collected may include your name, e-mail, address, phone number, and billing information. Coach collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee promotions and improve website performance and customer service. By purchasing the Product, you will be subscribed to Coach’s e-mail list if you are not already a subscriber. If you wish to unsubscribe from receiving e-mails from Coach unrelated to the Product, you may do so at any time. To ensure you receive the required information as part of the Product, be sure not unsubscribe from the Product list or you will no longer receive information and Product materials related to the Product purchased. Coach may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits and customize your experience. Coach respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties for marketing or advertising. Coach may, however, share your information with third party service providers working on Coach’s behalf to serve you. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites or e-mail platforms or to process financial transactions. Coach may also be required by law to release information in certain circumstances. Please note that any comments or information that you post on the Product website, including any private membership sites and private Facebook groups, are not private and third parties may make use of your information. Coach is not responsible for any unauthorized uses by third parties in such context. Any third party links to products or services are subject to separate privacy policies. Coach is not responsible for or liable for any content on or actions taken by such third party websites. This Product is targeted and intended for persons over the age of 18. Coach does not knowingly collect information from anyone under 18 years of age.
You are strictly forbidden from the following:
Causing damage to the Product website or private membership site
Using the Product website or private membership site for any unlawful, illegal, fraudulent or harmful purpose or activity
Using the Product website or private membership site to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
Using the Product website or private membership site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from the Product website or private membership site
Sharing private, copyrighted and proprietary information from the Product with anyone else or otherwise sharing your username and/or password
PRIVATE FACEBOOK GROUP
Every term and condition of this Agreement equally applies to any activities in the private Facebook group created for members of the Product (the “Group”). The Group is a bonus and subject to Facebook terms and conditions. Coach does not have authority or control over Facebook and cannot predict any changes or rules to Facebook. Coach is not liable for the Group being made available to you or your rights to access Facebook. Additionally, Coach may institute community rules and guidelines for the Group with which you agree to comply.
You agree to indemnify, defend and hold harmless Coach and any associated agents and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
Disclaimer of warranties and limitations of liability the information, products and services offered in the product are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible by applicable law, Coach disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Coach does not warrant that the product website or any of its functions will be uninterrupted or error-free, or that any part of the website is free of viruses or other harmful components. Coach shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages arising from or out of your use, inability to use, or purchase of the product. Your sole and exclusive remedy is to discontinue using the product. Notwithstanding the foregoing, any damages shall be limited to the amount paid by you for the product. Because some states or jurisdictions do not allow the exclusion or limited of liability for consequential or incidental damages, in such states or jurisdictions the Coach’s liability shall be limited to the fullest extent permitted by law.
This Agreement shall be governed by and construed in accordance with the laws of the United States of America, without giving effect to its conflict of laws. The Federal courts of the United States of America shall have exclusive jurisdiction over any case or controversy arising from or relating to the Product. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waives any defense of forum non convenient.
CONSTRUCTION OF AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of Coach to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.
Last Updated: July 15, 2019