TERMS OF USE

 

Effective Date: 01/01/2023

 

Beautiful Life Health & Wellness LLC (“Company”, “We”, “Our”, or “Us”) owns the beautifullifehw.com website including any content, functionality, and services offered on or through the Website (the “Website”).

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The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of the Website. Your agreement to these Terms is effective immediately upon your use of the Website. If you continue to browse and use this Website, you are agreeing to comply with and be legally bound by the following Terms of Use. Please read the Terms carefully before you start to use the Website. If you disagree with any part of these Terms, please do not use this Website. If you are dissatisfied with the Website or any product, service, content, or information available through the Website, your only remedy is to stop using the Website or those particular products, services, or content.

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This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. 

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Privacy 

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Your use of the Website is also subject to our Privacy Policy. Please review the Privacy Policy, which informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms. 

 

SERVICES

 

The following services are offered through the Website and include, without limitation: 14-day cleanse, health and wellness coaching, group coaching, group workshops, yoga services, occupational therapy services, golf mental game coaching services, meditation services, and appointment scheduler. 

 

The services provided through the Website are provided “AS IS” and we are not responsible for delivery issues, deletion, or for failing to store communications or personal settings. 

 

ACCESS TO THE WEBSITE 

 

Interruptions to the Websites may occur and we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We may also periodically restrict access to some parts of the Website or to the entire Website. 

 

We reserve the right to modify or discontinue the Website, including any service or material we provide on the Website, in our sole discretion and without notice to you. Any modifications that are made to the Website will be subject to these Terms.

 

NO UNLAWFUL OR PROHIBITED USE

 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available on the Website strictly in accordance with the Terms. We reserve the right to terminate your use of the Website at any time and in our sole discretion.

 

As a condition of your use of the Website, you agree that you will not use the Website, or any of the resources available through the Website, for any purpose that is unlawful or prohibited by these Terms, including, without limitation:

 

• Posting threatening, abusive, harassing, deceptive, or fraudulent text, images, sounds, data, or other communications;

• Posting text, images, sounds, data, or other communications that invades another’s privacy, contains explicit or graphic descriptions of sexual acts; or harasses, degrades, or intimidates based on religion, gender, sexual orientation, race, ethnicity, age, or disability; 

• Posting text, images, sounds, data, or other communications that infringes on another’s intellectual property rights; is considered unsolicited advertising or spamming; contain software viruses or codes that are meant to disrupt or damage the functionality of the Website; or

• Interfering with other users’ use and enjoyment of the Website.

 

We do not endorse or assume liability for any content or material that is submitted by any third-party user of the Website. In general, we do not screen, monitor, or edit content submitted to the Website by a third party; however, we reserve the right to remove any content that violates the Terms or is otherwise harmful, objectionable, or inaccurate without providing notice to you.

 

PURCHASES

 

For all products and health and wellness coaching services (personalized coaching, group coaching, group workshops, workplace wellness coaching, golf mental game coaching services, yoga services, occupational therapy service,) offered through the Website that require the payment of fees, you agree to pay all fees associated with the products and health and wellness coaching services (personalized coaching, group coaching, group workshops, workplace wellness coaching, golf mental game coaching services, yoga services, occupational therapy service), to provide accurate and complete billing information, and to update your billing information within thirty days of the change.

 

We do not offer refunds and no refunds will be issued after payments are made. 

 

Before purchasing any products or health and wellness coaching services (personalized coaching, group coaching, group workshops, workplace wellness coaching, golf mental game coaching services, yoga services, occupational therapy service) through the Website you are responsible for reviewing our Terms of Purchase which are incorporated by reference into these Terms of Use.

 

THIRD-PARTY WEBSITES AND SERVICES

 

As a health and wellness coaching company we may include on the Website links to other websites or otherwise reference information, products, or services for other, third parties. We include these links and references as a courtesy for our website visitors; however these websites are not under our control and we are not responsible for the content, accuracy, copyright compliance, errors, or omissions of any of these websites or referenced third-party information, products, or services. We are providing these links and information to you only as a convenience, and the inclusion of any link or reference does not imply endorsement by us of the linked website or any association with its operators. 

 

Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers. 

 

 

We use a third-party payment processor, PayPal. By using this third-party service provider you acknowledge and consent to us sharing personally identifiable information and data with this third-party service provider so that you are able to use the service provided. This third-party service provider has its own Terms of Use and policies and you are encouraged to review their Terms of Use and policies before using the services provided. We do not control and are not responsible for this third-party service provider’s content, services or business practices.

 

INTELLECTUAL PROPERTY

 

Intellectual property means intangible assets that are subject to statutory protection under applicable patent, copyright, and trademark law in the United States and internationally. Intellectual property includes, but is not limited to, information, communications, software, business names, text, programs, graphics, designs, identifying trade or service marks, and symbols, electronic publications, trade secrets, literary, musical, artistic, photographic, or film works, and all other original content. 

 

The Website contains intellectual property owned exclusively by the Company. This includes, but is not limited to, name, logo, design, text, graphics, files, photographs, video and audio recordings, proprietary information and other intellectual property. By using the Website you agree that the content presented on the Website is the Company’s sole intellectual property. Your use of the Website does not entitle you to make any unauthorized use of any protected content. Specifically, you shall not save, download, copy, modify, publish, transmit, participate in the sale or transfer of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any content contained on the Website, in whole or in part without prior written consent. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company except as expressly authorized by these Terms. Any unauthorized use of protected content may violate intellectual property laws and could result in criminal or civil penalties.

 

For materials, documents, and forms provided on the Website and for products or services purchased through the Website, you will have a limited, non-exclusive, non-transferable license to use the materials, documents, forms, products and services for personal or internal business purposes only. All content included as part of the material, document, form, product or service, such as text, graphics, logos, images, as well as the compilation thereof, is the property of the Company and is protected by trademark and copyright laws and other laws that protect intellectual property and proprietary rights. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the materials, documents, forms, products or services in any manner, except for modifications in filling out documents or forms for your authorized use. 

 

DISCLAIMER OF WARRANTIES

 

ALL CONTENT AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND INCLUDE, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.

 

WE make no warranties regarding the performance or operation of the Website. Further, WE make no warranties of any kind, express or implied, as to the information, content, PRODUCTS, or services included on the Website. WE MAKE NO WARRANTY THAT THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE CONTENT OR SERVICES WILL BE SECURE OR WITHOUT ERRORS, OR THAT THE QUALITY OF THE CONTENT, PRODUCTS, OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS OR DEFECTS. WE ARE NOT responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

 

The information contained on the Website is for general informational and educational purposes only and is not a substitute for medical advice. Your specific health needs may not apply to the information as provided and you should not rely on the information contained on the Website for your specific health concerns. No information on the Website should be used to diagnose, treat, prevent, or cure any disease or medical condition. If you have a medical concern, you should consult with a medical professional.

 

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM USING THE CONTENT, PRODUCTS, OR SERVICES OFFERED THROUGH THE WEBSITE WHICH INCLUDES, WITHOUT LIMITATION, DOWNLOADING WEBSITE MATERIALS.

 

WE MAKE NO WARRANTY THAT YOUR USE OF THE CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES.

 

transactions that are executed through the website with a third party are done at your own risk and any warranty provided by the third party in connection with the content, product, or service offered by the third party is provided solely by the third party. we are not responsible for and do not endorse the accuracy or reliability oF any content, product, or service offered by any third party. 

 

Where DISCLAIMER of WARRANTIES is not permitted by law, WARRANTIES ARE DISCLAIMED to the fullest extent permitted.

 

NO GUARANTEE

 

The Website may include testimonials from our health and wellness coaching clients or otherwise; however, prior results do not guarantee a similar outcome. The health and wellness results obtained by others applying the principles set out on this Website are no guarantee that you or any other person or entity will be able to obtain similar health and wellness results. The ultimate success or failure will be the result of the user’s own efforts, particular situation, and innumerable other circumstances beyond our control. We do not make any guarantees about the results of taking any action.

 

PERSONAL RESPONSIBILITY

 

By using this Website, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the content, products, and services available on this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans suggested or recommended on this Website. It is your responsibility to evaluate the content, products, and services for accuracy and to consult with the appropriate professional before relying on any content, product, or service offered through the Website. We are not liable for any loss or damages caused by your reliance on the content, products, and services offered through this Website. 

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING SPECIAL, PUNITIVE, INCIDENTAL, DIRECT OR CONSEQUENTIAL DAMAGES. Your use of the Website is at your own risk and you agree to absolve the Company of any and all liability that you, or any person associated with you, mAy incur as a result of your use of, or inability to use, the Website; your use of, or reliance on PRODUCTS OR services purchased through the Website; your use of third-party services and/or websites referenced through the Website; and/or using the materials, documents or forms available for download.  This includes, without limitation, any direct or indirect loss, any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, computer viruses, or any indirect or consequential loss, arising from your use of the Website. We are not, in any way, liable for the third-party CONTENT, products or services offered through the Website.

 

Where the exclusion or limitation of liability for damages is not permitted by law, liability is limited to the fullest extent permitted. If you are dissatisfied with any portion of the Website, or with any of the Terms, your exclusive remedy is to discontinue using the Website or, if you paid for services offered through the Website, to the amount you paid during the 3-month period prior to the act giving rise to liability. 

 

INDEMNIFICATION

 

As a condition of using the Website, you agree to indemnify, defend, and hold harmless the Company, its owner, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any rights of a third party, your violation of any applicable laws, rules or regulations, or your violation of any of the Terms. 

 

RELATIONSHIP OF THE PARTIES

 

No joint venture, partnership, employment, or agency relationship exists as a result of your use of the Website. 

 

TERMINATION

 

We may, in our sole discretion, and for any reason, terminate or suspend your access to the Website without any notice to you. Upon such termination or suspension, your right to access the Website and any services offered through the Website will immediately end, any registrations will be deactivated, and any information will be deleted. We will not be liable for any loss or damages suffered by termination or suspension of your access to the Website or related services. Following termination or suspension you will remain liable for all unpaid fees.

 

SEVERABILITY

 

If any term, provision, or condition of these Terms are held by a court of competent jurisdiction to be invalid, void, or unenforceable, that portion of the Terms will be construed in a manner consistent with applicable law to reflect the original intent of the parties. The rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 

 

ENTIRE AGREEMENT

 

These Terms, along with any document incorporated by reference, constitute the entire agreement and supersede all prior and contemporaneous agreements and understandings pertaining to use of the Website. To the extent that content on the Website is inconsistent with these Terms, these Terms will take precedence and control. 

 

CHANGES TO THE TERMS

 

We reserve the right to modify the Terms at any time. All changes are effective immediately when posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to be bound by the changes. You are encouraged to periodically review this page so that you are aware of any changes, as they are binding on you. You may not, in any way, modify these Terms or make a purchase for products or services subject to additional or modified Terms. Any attempt to modify or create additional terms by anyone other than us will be null and void.

 

GOVERNING LAW AND VENUE

 

We operate this Website from our office in the state of Texas. While the Website is accessible from many other states and countries, by accessing the Website you agree that these Terms shall be construed in accordance with and governed by the laws of Texas without giving effect to any conflict of laws principles. By accessing the Website you agree to submit to the exclusive personal jurisdiction and venue of Travis County, Texas for any matter relating to the use of the Website or these Terms.

 

Website Disclaimer

 

The information contained on Beautifullifehw.com (the “Website”) is provided by Beautiful Life Health & Wellness LLC (the “Company”) for general informational and educational purposes only and is not a substitute for medical advice. The Company provides health and wellness coaching services; however, your specific health and wellness needs may not apply to the information as provided and you should not rely on the information contained on the Website for your specific health concerns. No information on the Website should be used to diagnose, treat, prevent, or cure any disease or medical condition. If you have a medical concern, you should consult with a medical professional.

 

By using the Website, including implementing any content, information, or suggestions contained on the Website or using any resources provided through the Website, you acknowledge and agree that no professional relationship has been created between you and the Company. For a professional relationship to be established between you and the Company, certain requirements must be met, including, without limitation, executing a client service agreement; therefore, your use of the Website alone does not, and will not be construed to, in any way create a legal, ethical, or professional relationship between you and the Company.

 

The Company makes no guarantees about the suitability, reliability, and accuracy of the information contained on the Website. All content, products, and services offered through the Website are provided "AS IS” without warranty of any kind, express or implied.

 

The Company makes no warranties regarding the performance or operation of the Website. Further, the Company makes no warranties of any kind, express or implied, as to the information, content, products, or services included on the Website. The Company does not guarantee that the content, product, or services available through the Website will meet your requirements, will be free from errors, or will be complete. The Company is not responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

 

The Website contains a blog that represents views and opinions belonging solely to the writer of the blog. The views and opinions expressed in the blog do not represent the views and opinions of the Company, unless specifically stated. The content on the blog is for informational purposes only, is not medical or professional advice, and should not be considered as such. The Company does not guarantee the accuracy or completeness of any blog content and is not responsible for any losses, damages, or injuries that arise from the use or misuse of the blog content.

 

The Website allows users to publish content directly to the Website. The Company does not have the ability to control the nature of the content posted to the Website and is not responsible for the nature of any content published to the Website by a third-party. While the Company reserves the right to monitor, remove, and edit content published to the Website, the Company has no obligation to monitor interactions between users or take any other action that restricts or modifies access to or availability of content on the Website that may be considered obscene or otherwise objectionable.

 

The Website may present content detailing the successes or earnings of the Company’s clients. While the information pertaining to client results are accurate, results are dependent upon the individual client and the Company does not guarantee any success or earnings based on the techniques and content contained on the Website. Success or earnings is dependent upon many factors including, without limitation, individual capacity, experience, commitment, and desire. The use of the Website content, products, and services should be based on your own judgement and the Company is not responsible or liable for and loss or failure that is directly or indirectly related to your purchase, use, or misuse of any content, product, or service offered through the Website.

 

The Website may include client testimonials; however, these testimonials may not reflect the typical client experience and are not a guarantee that others will experience the same, or similar, results. Everyone is unique with respect to their health and wellness and individual results may vary depending on these factors. 

 

The Website provides for third-party transactions and purchases. These transactions and purchases, as executed through the Website with a third party, are done at your own risk and the Company is not responsible for any loss or damages that arise from such transactions or purchases. Any warranty provided by the third party is provided solely by the third party. The Company is not responsible for and does not endorse the accuracy or reliability of any content, product, or service offered by any third party. 

 

To the maximum extent permitted by law, the Company will not be liable for any direct, indirect, incidental, consequential or other damages that may result from the use of the information, content, products, or services contained on the Website.