Acknowledgement of Risk
As a subscriber or user of the Higher Health Coaching Program (collectively, the “Program”), you agree to fully and completely understand and acknowledge that: (a)risks, dangers, and hazards exist (foreseeable and unforeseeable) in my use of and/ or participation in the Program; (b)my use of and/or participation in the Program may result in injury, illness, or other harm to me including but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, eye injury, blindness, heart stroke, heart attack, death and/or other ailments that could cause serious disability (collectively, the “Injuries”); (c) these risks, dangers, hazards and injuries may be caused by or arise from: (i) acts, omissions, or negligence (including gross negligence) of Higher Health Coaching, (ii) acts, omissions, or negligence of other users of or participants in the Program, (iii) acts, omissions, or negligence of others, and/or (iv) accidents, breaches of contract, forces of nature, or other foreseeable and/or unforeseeable causes of any nature whatsoever; and (d)by my use of and/or participation in the Program, I am fully aware of and acknowledge the existence of all such risks, dangers, hazards, and injuries, foreseeable and unforeseeable, enumerated and not unenumerated, and outlined in (a) through (c) above (collectively, the “Risks”) and have voluntarily agreed to participate in Program in spite of all such Risks.
Acceptance/Assumption of a Risk and Responsibilities
Subscribers and users of Higher Health Coaching voluntarily and unconditionally assume and/or accept any and all Risks that are related in any way whatsoever to (or are in any way connected or associated) my use of and/or participation in the Program. They further voluntarily and unconditionally assume and/or accept all responsibilities, of any form, type, or nature (e.g., monetary, non-monetary, legal, equitable, etc.) for any and all losses and/or damages that I may suffer that are related in any way whatsoever to (or are in any way connected or associated with) the Risks and my use of and/or participation in the Program (collectively, the “Responsibilities”). The unconditional voluntary acceptance and assumption of the Risks and Responsibilities shall apply without limitation regardless of whether any losses and/or damages suffered are caused in whole or in part by the negligent acts, omissions, or other conduct of Higher Health Coaching, or by any other person.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Higher Health Coaching. The collective work includes works that are licensed to Higher Health Coaching and Body by Choice Training. Copyright 2017 ALL RIGHTS RESERVED. Permission is granted to electronically download, copy and print hard copy portions of this site for personal use only. The content of this website is solely for non-commercial use by ONE PERSON.
Sharing of content on this website is STRICTLY PROHIBITED. User ID and accounts are meant for one owner and are not to be shared with spouses, children, siblings, parents, friends, family members, acquaintences, colleagues or any other person. Use on multiple devices owned by the subscriber is permitted.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Higher Health Coaching. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Higher Health Coaching used in the site are trademarks or registered trademarks of Higher Health Coaching. Any other brand name or contributor is cited. This content belongs solely to the brand, company or person cited.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Higher Health Coaching disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Higher Health Coaching does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Higher Health Coaching does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Higher Health Coaching shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Subscribers and users voluntarily and unconditionally agree to release, waive, discharge, indemnify, and otherwise hold Higher Health Coaching harmless from and against any and all liabilities, claims (including but not limited to claims for contribution or indemniﬁcation), demands, actions or rights of action, losses, damages, and/or defenses (including, without limitation, attorneys’ fees incurred by Higher Health Coaching as a result) (collectively, the “Release”). The voluntary and unconditional Release shall also include, but is not limited to, any and all claims that are related in anyway whatsoever to (or are in any way connected or associated with) the Risks and/ or Responsibilities (including but not limited to any and all claims for bodily injury, property damage, wrongful death, loss of service, injuries, or other loss/damage of any type or nature). I speciﬁcally understand that by executing this document and agreeing to this Release, I am releasing, waiving, discharging, indemnifying, and otherwise holding Higher Health Coaching harmless from any and all claims that I may presently or in the future have as a result of (or arising out of) the Program, the Risks, the Responsibilities, and/or the negligent acts, omissions, or other acts (or failures to act) of Higher Health Coaching. Nevertheless, it is my speciﬁc intent to Release Higher Health Coaching from and against any and all claims of any kind to the absolute maximum extent possible under Michigan law, and this paragraph, as well as the rest of this document, shall be interpreted (and reformed to reﬂect such intent if (necessary) accordingly.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Higher Health Coaching without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Higher Health Coaching may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Higher Health Coaching.
Your use of this site shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Higher Health Coaching products) must be commenced within one (1) year after the claim or cause of action arises. Higher Health Coaching’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Higher Health Coaching may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Higher Health Coaching or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Higher Health Coaching does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Higher Health Coaching is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Higher Health Coaching reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Higher Health Coaching in its sole discretion.
You agree to indemnify, defend, and hold harmless Higher Health Coaching, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Higher Health Coaching may link to sites operated by third parties. However, even if the third party is affiliated with Higher Health Coaching, Higher Health Coaching has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Higher Health Coaching. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Higher Health Coaching seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).