Terms & Conditions

 

 Terms and Conditions

IMPORTANT Please read this agreement carefully before accessing or using this website BrookeAllisonCoaching.com (“Website” or “Site”) or the services contained herein (“Services”). Each time you access or use this Website and the Services, you agree to be bound by these Terms of Use (“Terms”). If you do not agree to be bound by all of these Terms, you may not access or use the Website or Services contained thereon. In addition, certain areas of the Website or Services may be subject to additional terms of use that will be made available for your review. By using such areas or any part thereof, you are expressly indicating that you have read and agree to be bound by the applicable additional terms of use. In the unlikely event that any of the additional terms of use governing such an area are in conflict with these Terms, the additional terms shall control. 

DISCLAIMER The contents on our Website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of any healthcare professional, or provide any medical advice, diagnosis, or treatment. If you have any questions or concerns about your health, you should consult with a physician or other health care professional. DO NOT AVOID, DELAY OR DISREGARD OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL DUE TO SOMETHING YOU MAY HAVE READ OR SEEN ON THIS WEBSITE. The use of any and all information provided on this Website is solely at your own risk. NO ASSURANCE CAN BE GIVEN TO YOU THAT THE ADVICE CONTAINED HEREIN WILL INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO PARTICULAR MATERIAL. If you rely on any of the information provided by this Website or the services thereon, you do so solely at your own risk. 

USER OBLIGATIONS You agree to abide by all applicable local, state, national and international laws and regulations. You also acknowledge and agree that your use of the Internet to access this Website is solely at your own risk. 

Intellectual Property Ownership and Use You agree and acknowledge that all of the copyrights, logos, trademarks, and any other intellectual property rights in all materials and content, including but not limited to any images, page layouts or designs, trade dress or other content (“Content”) contained on this Website are the sole and exclusive property of Brooke Allison Coaching (the “Company”) unless otherwise specified. Access to the Website provides you with a limited right to use the material contained thereon. By accessing this material through the Website, you agree to refrain from the following:

  1. a. Reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout or design, trade dress, trademark, logo or other content (“Content”) for any commercial purpose;
  2. b. Use data mining or an extraction tool or process to monitor, extract or copy Website Content;
  3. c. Engage in any activity whatsoever that interferes with the Website or another user’s ability to access and use the Website;
  4. d. Modify, create derivative works from, reverse engineer or disassemble any technology used to provide for and maintain the Website and the goods or services contained thereon; or
  5. e. Assist or encourage a third party to engage in activity on this Website prohibited by these Terms.

You further agree and acknowledge that you shall not use, copy, distribute, or exploit any of the Content contained on the Website in any manner whatsoever without written authorization from the Company. No portion of this Website or the materials contained thereon may be reprinted or republished without express written permission from the Company.

PROHIBITED ACTIVITIES This Website, the Services, and Content contained thereon are not intended for children under the age of thirteen (13) and children under the age of 13 should not use this Website or the Services. You acknowledge and agree that, unless otherwise specified in writing, the Services and Content on this Website are for your personal, non-commercial use. 

SUPPORT GROUP POSTING GUIDELINES The Website contains or may contain in the future various interactive portions such as blogs, message boards, chats, user forums, or other types of interactive features that allow users and others to post content on our Website (“Forums”). Forums are intended to serve as discussion centers for the users and subscribers of the Website. You understand and acknowledge through your continued use of the Website that these Forums and the information contained thereon may be seen by anyone on the Internet. When posting information on Forums maintained by the Company, please use good taste when discussing sensitive subjects. Users are required to be fair and informative, and treat others with respect and honesty. You further understand and acknowledge that unless the information in your post comes directly from your personal experiences, you are required to provide references to any health-related or medical information that you post. 

Furthermore, you understand and acknowledge that when posting information on a Forum maintained by the Company you must not: 

  1. Post statements or other materials that are in any way libelous, or defame, harass, abuse, threaten, intimidate, or in any other way infringe on the rights of others;
  2. Post or upload personal information, pictures, videos or any other media of another person without their express permission, or anything else that violates the privacy or publicity rights of another person or entity;
  3. Post anything that interferes with or disrupts the operation of the Website, including but not limited to posting files that contain malware, viruses, corrupted files, or any other type of file or data that may damage the functionality of another’s computer or the Website;
  4. Repeatedly post the same or similar message within an unreasonable time frame;
  5. Delete or revise any material from the Website posted by another user or the Company without the express written permission of the Company;
  6. Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
  7. Post statements or other materials that are bigoted, hateful, racist, vulgar, obscene, pornographic, profane or otherwise objectionable, including language and images;
  8. Post statements or materials that in any way could harm minor children;
  9. Post statements or materials that impersonate another person or entity, whether actual or fictitious;
  10. Post statements or materials that in any way misrepresent your affiliation with any entity, including but not limited to the Company;
  11. Post statements or materials that constitute spam or unauthorized advertising or promotional materials, including but not limited to links to commercial products or services;
  12. Post material that infringes or may infringe on any copyright, patent, trademark, trade secret, or other intellectual or proprietary right of any party that you are not authorized to make available.

Please be aware that the Company can remove any material posted by a user that it finds, in its sole discretion, to be objectionable with or without notice to said user. Any user filing to comply with these guidelines may be expelled from and refused continued access to Forums maintained by the Company in the future. The Company expressly disclaims any and all responsibility and makes no representations as to the validity of any opinion, advice, information or statements made or displayed in Forums by third parties, nor is the Company responsible for any errors or omissions in any such postings, or for hyperlinks embedded in any message. 

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THESE FORUMS. The opinions expressed in any of these Forums do not reflect the opinions of the Company and should not be interpreted as such. You understand and acknowledge that the Company reserves the right to alter, edit, refuse to post or remove part of or all of any postings or similar content for any reason, and to disclose such materials to any third party to satisfy any applicable law, regulation, legal process or governmental request. 

You understand and acknowledge that by sending or transmitting content, images, videos, audio files, creative suggestions, ideas, notes, concepts, information, exercises, or any other materials (“Submitted Materials”), or by posting such Submitted Materials on the Website or Forums, you hereby grant the Company a non-exclusive, assignable, royalty-free, fully sub-licensable right and perpetual and irrevocable right to use, reproduce, translate, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale such Submitted Materials in any media form now know or hereafter devised, for any purpose whatsoever, without any compensation to you. Furthermore, you represent and warrant that any person or entity name, pictured, or otherwise represented in the Submitted Materials has provided you with any necessary licenses, rights, or authorizations to allow the Company’s use of such Submitted Materials in accordance with such license or authorization. 

DISCLAIMER – LINKED THIRD PARTY WEBSITES Some links on the Website and/or Services will direct you to leave the Website or Services you are then accessing to access a linked third party website (“Linked Site”). The Company may provide these links as a convenience. You understand and acknowledge that the Company does not control these Linked Sites or the content therein contained. The Company is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Company shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods or services available via the Linked Site. 

ACCOUNTS, PASSWORDS, AND SECURITY If the Website or Services require you to open an account, you must complete the registration process by providing the Company with current, complete and accurate information, as prompted by the applicable registration form. You understand and acknowledge that by providing any untrue, inaccurate, incomplete or out-of-date information to the Company, the Company reserves the right to terminate your access and use of the Website and/or Services. 

You understand and acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or any other electronic device in which you may use to access the Website, Services or Forums. You agree to accept any and all responsibility for all activities that occur under your account or password, regardless of whether such use was authorized by you or not. Furthermore, you hereby agree to notify the Company immediately of any and all unauthorized use of your account or any other breach of security. 

If you choose to communicate or meet with other users of the Website, Services or Forums, you do so entirely at your own risk. You hereby understand and acknowledge that there are risks involved with meeting people in person from an online community, including but not limited to risks of physical harm. You assume any and all risks associated with in-person contact with other users outside the usage of this Website, the Services or the Forums. 

COMMERCIAL TRANSACTIONS Certain products and services may be offered for sale on the Website or through the Services. In the event you wish to purchase or to subscribe to any of these products or services, you will be asked by the Company or an authorized third party, such as PayPal, to provide certain information, including but not limited to, your full name, address, telephone number and credit card information, or any other mandatory information deemed relevant in the Company’s sole discretion. You agree and acknowledge that any such information provided is accurate and complete. You further agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account, as well as any applicable taxes. You understand and acknowledge that the Company does not offer refunds for any reason whatsoever. 

By providing the Company or a third party service provider with your credit card payment information, you agree that the Company and/or third party service provider is authorized to immediately invoice your account for any and all fees or charges due and payable as a result of your order, including but not limited to service fees, subscription fees, or any other fee or charge associated with your access to the Services and/or purchase of products. In the event that access to a specific Service or product requires a recurring payment, you hereby agree that the Company and/or third party service provider may automatically invoice your account at the beginning of each recurring period. You also agree to immediately notify the Company and/or third party service provider of any change in your billing address or the credit card used for payment hereunder. 

Be aware that your right to use a paid service or a specific product is conditional upon our receipt of payment. If payment cannot be processed or if a charge is refunded for any reason whatsoever, the Company reserves the right to suspend or terminate your access to the Website, Services, Forums, and/or account. You agree that in the event the Company is unable to collect payment due for products or services specified in your order, the Company may take any and all other steps determined to be necessary to collect the payment due. Furthermore, you understand and agree that you will be responsible for any and all costs and expenses incurred by the Company in connection with any collection activity stemming from payment due, including collection fees, interest, court costs, and/or attorneys’ fees. 

When purchasing a product from the Website, your order will ship as it becomes available. There may be times when a product is out-of-stock, which will delay the fulfillment of your order. You will be informed of any products that you have ordered that are out-of-stock or unavailable for immediate shipment. You may cancel your order of a product at any time prior to shipment. Please be aware that the Company cannot guarantee you when an order will arrive and that any and all shipping/transit time shown on our Website is only an estimate. 

NO MEDICAL ADVICE THIS WEBSITE AND THE SERVICES OFFERED BY THE COMPANY ARE DESIGNED FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS WHATSOEVER REGARDING YOUR HEALTH OR THE CONTENT OF THIS WEBSITE OR THE SERVICES OFFERED BY THE COMPANY, YOU SHOULD CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL. DO NOT, UNDER ANY CIRCUMSTANCES, AVOID, DELAY, OR DISREGARD OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE OR THROUGH THE SERVICES OFFERED BY THE COMPANY. NOTHING POSTED ON THIS WEBSITE OR ANY INFORMATION AVAILABLE THROUGH THE SERVICES ARE INTENDED TO BE THE PRACTICE OF MEDICINE OR MENTAL COUNSELING CARE. FOR THR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE OR MENTAL COUNSELING CARE INCLUDES, BUT IS NOT LIMITED TO, PSYCHIARTY, PSYCHOLOGY, PSYCHOTHERAPY PHARMACY, NUTRITION AND FITNESS COUNSELING OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. FURTHERMORE, THE COMPANY DOES NOT GUARANTEE THAT THE WEBSITE OR THE SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS REGARDING SPECIFIC MATERIAL. THE USE OF ANY AND ALL INFORMATION PROVIDED ON THIS WEBSITE OR THROUGH THE SERVICES OFFERED BY THE COMPANY ARE SOLELY AT YOUR OWN RISK. 

DISCLAIMER OF WARRANTIES THIS WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED THEREON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE SERVERS, OR ANY EMAILS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. 

LIMITATION OF LIABILITY THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLEGENCE, STRICT LIABILITY OR ANY OTHER REASON ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE USE OF OR INABILITY TO USE THE 

WEBSITE AND/OR SERVICES; (2) ANY CONTENT CONTAINED ON THE WEBSITE AND/OR THE SERVICES; (3) ANY STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE WEBSITE AND/OR THE SERVICES; (4) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE WEBSITE AND/OR THE SERVICE; (5) ANY ACTION OR INACTION TAKEN IN RESPONSE TO OR RESULTING FROM ANY AND ALL INFORMATION AVAILABLE ON THE WEBSITE AND/OR THE SERVICES, ANY DAMAGE CAUSED BY LOSS OF ACCESS; (6) ANY OTHER MATTER ARISING FROM OR RELATING TO THE USAGE OF THE WEBSITE AND/OR THE SERVICES. 

UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR USING THE WEBSITE OR THE SERVICES. 

INDEMNIFICATION You hereby agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, directors, agents, employees, representatives and assigns from and against any and all claims, damages, losses, costs and/or expenses, including attorneys’ fees, that arise either directly or indirectly out of or from (1) your breach of these Terms; (2) any allegation that any Submitted Material infringe on or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (3) your access or use of the Website and/or the Services. 

FORCE MAJEURE The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including but in no way limited to any failure to perform the obligations hereunder or those found in any additional terms, due to unforeseen circumstances or causes beyond the control of the Company such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental acts, failure of common carriers (including but not limited to Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials. 

CHOICE OF LAW Any and all disputes arising out of or regarding these Terms shall be governed by the laws of the Commonwealth of Kentucky, without regard to choice of law principles. Those who choose to access this Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with the local laws of and to the extent that local laws are applicable. You hereby irrevocably agree to the exclusive jurisdiction by the federal and state courts located in Jefferson County, in the Commonwealth of Kentucky, to settle any dispute which may arise out of, under, or in connection with these Terms. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

CLASS ACTION WAIVER Any claim or other proceedings by or between you and the Company shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree to waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction. 

STATE SPECIFIC NOTICES CALIFORNIA Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints in writing with The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or via telephone at (916) 445-1254 or 1-800-952-5210, or via email at [email protected] 

NEW JERSEY Any disclaimer, limitation of liability, indemnification or damages provision contained herein shall apply to New Jersey residents and/or New Jersey transactions only to the extent permitted either by New Jersey law or public policy. 

SEVERABILITY If any part of these Terms are deemed to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms, and shall not affect the validity or enforceability of any remaining provisions of these Terms. 

ENTIRE AGREEMENT These Terms, as well as our Privacy Policy and any other terms or agreements that may be posted on the Website as amended from time to time (“Website Agreements”) contain the entire agreement between you and the Company relating to the Website and your use of the Website and supersede any and all previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and the Company regarding such matters. 

To understand our privacy practices, please review our Privacy Policy which governs your visits to this Website, and is herein incorporated by reference into these terms. 

UPDATES The Company may modify these Terms at any time. If, at any time, you disagree with the changes made to the Terms, you must discontinue your use of the Website and the Services, and if you have registered for any Services through the Website, cancel your registration. Your continued access or use of the Website or Services following such notice constitutes your acceptance of the modified Terms. It is your responsibility to be aware of any such modifications to the Terms. The Company reserves the right to modify or discontinue the Website or Services with or without notice, and will not be held liable to you or any third party should the Company choose to exercise their right to modify or discontinue the Website or Services. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE ACCESS TO THE WEBSITE AND/OR SERVICES. CONTINUED ACCESS TO THE WEBSITE AND/OR THE SERVICES FOLLOWING NOTICE OF ANY SUCH CHANGE INDICATES YOUR ACKNOWLEDGEMENT OF SUCH CHANGE AND ACCEPTANCE OF THE WEBSITE AND/OR SERVICES AS SO MODIFIED AND YOUR USE OF NEW SERVICES SHALL BE GOVERNED BY THE UPDATED TERMS.

LAST UPDATED AUGUST 2020
 
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