Terms, Conditions & Disclaimers

Disclaimer and Waiver

Disclaimer and Waiver

By entering this website, purchasing any product or service (whether digital or physical), using our blog, e-mails, videos, social media, programs, products, and/or services from or related to Live Nourished Coaching, www.livenourishedcoaching.com, a Limited Liability Company based in Colorado Springs, El Paso County, Colorado, you are agreeing to accept all parts of this Disclaimer and Waiver. If you do not agree to the terms outlined below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products, or services, or make any purchases through us (collectively “Website, Programs, Products, and Services”). By clicking the terms and conditions box on the checkout page or by continuing to use our Website, Programs, Products, and Services, you acknowledge that you are legally bound by these terms and conditions.

For Educational and Informational Purposes Only

The information provided in or through our Website, Programs, Products, and Services is for educational and informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through Live Nourished Coaching, whether through in-person, phone, Skype, webinars, teleseminars, social media, summits, and otherwise in various settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations, and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing business and health-related education, and not as medical professionals in any capacity. We provide information concerning, but not limited to, the maximizing of human health and optimizing wellness as it relates to a variety of health conditions and the pursuit of health in general.

Consult Your Physician or Health Care Provider

Our intent is NOT to replace any relationship that exists, or should exist, between you and your Medical Provider, Mental Health Provider, or other healthcare professional. You should always seek the advice of your own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another healthcare professional regarding any questions or concerns about your specific health situation, including but not limited to possible or actual pregnancy, known or suspected food sensitivity or allergy, dietary restrictions, specific health diagnoses, or any medications or supplements currently being taken. We advise you to speak with your Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products, and Services, including but not limited to exercise, lifestyle, weight loss, food, vitamins, herbal, or homeopathic supplements; engaging in an elimination diet, detox, or cleanse; meditation, deep breathing exercises, or other stress management strategies; or participating in any other aspect of a weight loss, healthy eating, exercise, and/or lifestyle program designed to support specific medical conditions diagnosed by a physician. You shall not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. You should not stop taking any medications without speaking to your Medical Provider and/or Mental Health Provider. If you have or suspect that you have a medical problem, you are advised to contact your own Medical Provider or Mental Health Provider promptly.

Supplementation

As a company, Live Nourished Coaching and our coaches believe that supplements may be helpful in the short term but are not recommended in the long term. As stated before, your coach’s advice DOES NOT REPLACE the advice of a doctor or other medical professional. Live Nourished Coaching operates from the philosophy that in order to improve health and rebalance your body’s function, supplementation may be helpful. Any supplements your coach suggests are meant for educational purposes only. It is up to you and your doctor to decide whether or not you add those supplements into your routine. If you do choose to add supplements into your wellness plan, you agree that the decision is fully yours, that you are free to make that decision independently, and you assume all risks and responsibilities of adding supplements to your regimen. We highly recommend you run all supplement options past your medical provider. Supplements ARE NOT prescriptions; your coach WILL NOT prescribe supplements. Your coach will provide information and education for you on how supplements may support your journey to health. The decision to add those supplements and the results or lack thereof are ultimately your responsibility as the client.

Personal Responsibility

Ultimately, the change you seek is in your hands. Working with a coach and personal trainer will only improve your ability to accomplish your goals faster if you participate fully. In order to maximize the process, it will be necessary for you to follow the program guidelines during both supervised and unsupervised training days. Remember, exercise, healthy eating, and mindset are EQUALLY important. Everything your coach suggests is ultimately your decision. ONLY add supplements you and your doctor agree are right for you, and make changes you believe in and want to do. Your coach is your coach, but you remain in control of your own body and your decisions related to your health and wellness 100%. Our Website, Programs, and Services aim to accurately represent the information provided. You acknowledge that you are participating voluntarily in using our Website, Programs, and Services, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for yourself, and for your own health, life, and well-being, as well as the health, lives, and well-being of your family and children (where applicable), for all decisions now or in the future.

No Guarantees of Any Kind

Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. Live Nourished Coaching cannot and does not guarantee that you will attain a particular result, and you accept and acknowledge that results differ by each individual. Each individual’s health and wellness success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors and variables. As with any business or health and wellness-related program or service that you purchase, your results may vary, and will be based on many variables, including but not limited to one’s individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment; therefore, no guarantees can be made. Any earnings or income statements or examples shown through our Website, Programs, and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome, or health and wellness outcome, based on the use of our Website, Programs, or Services. You agree that we are not responsible for the success or failure of your health decisions, the increase or decrease of your finances or income level, your results, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, and Services. You are solely responsible for your results.

Testimonials

We present real-world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product, and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products, and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products, and Services, are the culmination of numerous variables, some of which we cannot control.

Not Evaluated by the FDA

The information contained on this website or provided through our blog, e-mails, programs, services, or products has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice.

Accuracy

Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products, and Services, 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 Website, Programs, Products, and Services 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 the nature of health care, scientific, business, and technology research is constantly evolving, we cannot be held responsible for the accuracy of our content. We assume no responsibility for errors or omissions in the information provided, or for any losses, injuries, or damages resulting from its display or use.

Disclosed Endorsements

Reference or links in our Website, Programs, Products, or Services to any other individual’s, business’s, 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 and for informational and educational purposes 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 in our Website, Programs, Products, or Services. Should our Website link 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.

Live Nourished Coaching may receive commission from affiliates, including but not limited to, Xymogen, Amazon Associates, Juice Plus, and True Dark/True Light. These associations are disclosed on our website and in this disclosure and follow all ethical guidelines. If we are receiving a commission from a company, we ensure that they are a product and company we have vetted and believe in.

Email List and Text Verification

By using our Website, Programs, Products, and Services, you agree to be added to the Live Nourished Coaching newsletter and text line and allow the company to email or text you periodically. Your information will not be sold or rented under any circumstances.

Indemnification and Hold Harmless

You agree at all times to defend, indemnify, and hold harmless Live Nourished Coaching, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Website, Products, Programs, Services, or Program Materials, or your breach of any obligation, warranty, representation, or covenant set forth in these Terms of Use or in any other agreement with us. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge. We shall not be liable for any content posted to our Website by a third party and, as a visitor, you agree to release us of any and all claims arising therefrom. Live Nourished Coaching is not liable to any party for any damages—whether direct, indirect, consequential, foreseeable, incidental, or otherwise—stemming or perceived to stem from the use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurred as a result of your reliance on or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from or perceived to stem from reliance on information contained on our Website.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Website, Programs, Products, Services, or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Dispute Resolution

It is the intent of Live Nourished Coaching that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an email to us at support@livenourishedcoaching.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

By visiting our Website, purchasing our Products, Programs, Services, and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your correspondence referenced above, or you waive the right to seek dispute resolution by arbitration or take any other legal action.

You also agree that should arbitration take place, it will be held in Colorado Springs, Colorado, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree not to engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products, Programs, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

Termination

Live Nourished Coaching has the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, no explanation is owed to you, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.

Full Release

By using our Website, Programs, Products, and Services, you acknowledge that you have carefully read these Terms and Conditions and fully understand their terms. You understand that by clicking the terms and conditions box on the checkout page or by continuing to use our Website, Programs, Products, and Services, you are giving up substantial rights, including your right to sue. You agree that this agreement is a complete and unconditional release of all liability to the greatest extent allowed by law and that it does not have an expiration date.


TERMS OF USE

Terms and Conditions

By accessing this Website, purchasing any product or service (whether digital or physical), using our blog, e-mails, videos, social media, programs, products, and/or services from or related to Live Nourished Coaching, www.livenourishedcoaching.com, you acknowledge that you are at least 18 years of age and have the required mental capacity to enter into and abide by the terms of these Terms and Conditions. Use of this Website by anyone under 18 is strictly prohibited by us.

By accessing this Website, you agree to the terms of these Terms and Conditions as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with the included terms, please cease visiting our Website and do not use our Programs, Products, and Services.

These Terms and Conditions are subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby inform all visitors that the burden is on the visitor to check the Terms and Conditions for updates from time to time. By continuing to use the Website and the content we produce, you agree to be bound by the most updated version of these Terms and Conditions, whether or not you have read it.

This site and Materials offered are not associated, affiliated, endorsed, or sponsored by Facebook, Instagram, Pinterest, or any other website, unless specifically stated herein.

Should you purchase a program, product, or service from us, you acknowledge that you are over 18. Purchase of a program, product, or service by anyone under 18 is strictly prohibited by us. The purchase of any program, product, or service is subject to the terms outlined in the Terms of Use associated with the specific program, product, or service purchase. These Terms of Use shall prevail in the event of a conflict or issue.

INTELLECTUAL PROPERTY RIGHTS

This Website is derived from, is the property of Live Nourished Coaching, LLC, and/or our affiliates or licensors, and is protected by U.S. Patent and Trademark laws, copyright laws, and other intellectual property laws. This Website contains original work that has been created for the sole use of Live Nourished Coaching, LLC, and is considered intellectual property and is protected under Federal Intellectual Property Laws which prevent unauthorized use of our materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on our Website and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, our logo, artwork, color scheme, branding, and/or placement of the same on Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website, including blog posts, program names, and any other text whether or not authored by us. All proprietary information and content is hereinafter identified as (“Content”).

As a visitor to our Website, you understand and acknowledge that all materials have been created, curated, and developed by Live Nourished Coaching, LLC using significant time, effort, expenses, and investment, and that as such, all material is a valuable and unique asset belonging to Live Nourished Coaching, LLC and shall not be used in an improper or unauthorized manner. You will not use our Website content, Programs, Products, Services, or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

Your ability to view the Website content grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase a product, package, or service from our Website, you will also be granted a limited license to use the information contained therein, as outlined in the Terms of Use or Client Agreement associated with each product or service available for purchase.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Website content, Programs, Products, or Services, or Program Materials as set forth in these Terms and Conditions is considered theft and stealing, and we retain the right to prosecute theft to the full extent of the law. You further agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced on this Website, which are not the property of or licensed to us, are acknowledged on the Website. Any use including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product, or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license are reserved by us.

At times you may be offered free downloadable, printable, audio, or visual content as a gift or opt-in offer in exchange for your name and email address. Should you choose to access this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Live Nourished Coaching, LLC credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise) from our materials.

OUR LIMITED LICENSE TO YOU

By visiting our Website, purchasing a product or service or interacting with any content we produce, you specifically acknowledge and agree that you are expressly prohibited from the following:

  • Engaging in improper and/or unauthorized use of our content, which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or any other electronic means) any materials or any other information accessed on our Website or purchased through our Products, Programs, or Services, or any other communications provided by us for your own personal use, business/commercial use, or in any way that earns you money.

  • Copying, sharing, adapting, stealing, duplicating, sharing, trading, reprinting, republishing, selling, distributing, modifying, reproducing, uploading, posting, transmitting, translating, or creating derivative works related to our Products, Programs, or Services.

  • Using, posting, distributing, copying, stealing, or otherwise using any portion of our Website, including content or products, without express, written permission provided by Live Nourished Coaching, LLC and understanding that any such use may constitute infringement, which may give rise to a cause of action against you.

  • Representing yourself as the creator of our Products, Programs, Services, or Program Materials in whole or in part.

  • Sharing purchased materials, information, content with others who have not purchased them.

  • Engaging in any activity using our Products, Programs, and Services for your personal use, in a business/commercial use, or in any way that earns you money.

  • Using any portion of our Website, including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.

You further acknowledge and understand that any such actions, including but not limited to those outlined above, will likely constitute infringement and/or theft of our work and a violation of these Terms and Conditions and United States Federal laws, and we reserve the right to prosecute this infringement to the full extent of the law.

Any requests for written permission to use any content posted on our Website shall be made before you wish to use any such content and may be made by sending an email with your written request to support@livenourishedcoaching.com.

YOUR LICENSE TO US

By posting or submitting any material on or through our Website, such as comments, posts, photos, images, or videos, or other contributions, you represent that you are the owner of all such materials, and you are at least 18 years old.

By submitting or posting any comments, photographs, images, videos, audio recordings, or any other submissions for use on or through our Website, Google Reviews, or posts of any kind on any platform, you grant us, and anyone authorized by us, consent to make it part of our current or future Website, Products, Programs, Services, and/or Program Materials. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. The voluntary submission of such information grants us, and anyone authorized by us, consent to identify you as the author of any such comments, photographs, posts, images, video, or audio recordings by name, email address, avatar, or user/screen name.

You also grant us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such comments, photographs, images, videos, audio recordings, or any other submissions in whole or in part, in any manner or medium.

Should you choose to post anything on our Website, social media pages, webinars, videos or any product or service we produce otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyberbullying, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.

You may use our Website for lawful purposes only and agree you will not post, comment, or otherwise transmit any content that infringes the rights of another and agree to hold us harmless should you do so. You also agree and understand you are not to post any content that would constitute a criminal offense, use the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise objectionable. You agree that we are the sole decider in whether the content you post is objectionable and have the unilateral right to remove any content you post, without explanation or ramifications. You also understand that we may be obligated to take further legal action based upon information you post, and reserve our right to do so. Should a third party choose to take legal action against you as a result of something you posted on our Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.

DISCLAIMER

This Website shall be used solely to provide educational information to all visitors. Any Content contained on this Website, or Content you received due to agreeing to an opt-in to an email list, freebie, or otherwise, is solely for educational and informational purposes only. Live Nourished Coaching does not guarantee any specific results, changes, gains, outcomes, financial, legal, or medical, through the use of our Website, Programs, Products, Services, or Coaching Programs. You acknowledge and agree that use of our Website, Programs, Products, Services, or Coaching Programs is purely voluntary.

You acknowledge and agree that visiting our Website, using the information contained herein, and the purchase of products is done on a voluntary basis by you. Live Nourished Coaching is not responsible or liable for any harm or damage to you, yourself, or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Live Nourished Coaching harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email and agree you will not make any claims against us or Live Nourished Coaching herein.

You also understand and acknowledge that Live Nourished Coaching, LLC is not a doctor, lawyer, therapist, psychic, accountant, nurse, counselor, or any other medical professional, nor do we hold ourselves out to be. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.

Our Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.

TECHNOLOGY DISCLAIMER

Live Nourished Coaching makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, or error-free nature of our Website or any other materials provided by us to you. Every effort has been made to present to you the most accurate, up-to-date information on our Website. However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. You acknowledge that the content and such information may contain inaccuracies or errors, and Live Nourished Coaching is not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Live Nourished Coaching cannot guarantee access to our Website. You acknowledge that access might be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. You acknowledge that, to the fullest extent permitted by law, Live Nourished Coaching is not liable for damages or refunds, or for any other recourse, should our Website be unavailable, or access might be slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures, or delays in accessibility to our Website.

You understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

CONFIDENTIAL INFORMATION

To use our Website, to gain access to our email list or blog, we may seek Confidential Information, or you may offer or provide a comment, photograph, image, video, audio recording, email address, phone number, street address, billing information, username and password, birthday, preferences, interests, assignments, or any other personally-identifying information (“Confidential Information”) by submission to us. By providing such Confidential Information, you expressly grant Live Nourished Coaching permission to use and store such information. In turn, we will use our best efforts to maintain your Confidential Information in a safe, secure, and confidential manner in accordance with these Terms and Conditions and our Privacy Policy. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible so that we may correct any and all incorrect information. Please note you are responsible for keeping track of your username and password and understand that you bear the consequences should you choose to share this confidential information with anyone.

You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate, current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information and agree to bear the consequences should you use anyone else’s information as your own.

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information as follows:

  • Pursuant to the terms in these Terms and Conditions, Terms of Use, Privacy Policy, and our Disclaimer;

  • If we are required to do so by law;

  • In the good-faith belief that such action is necessary to conform to the law;

  • To comply with any legal process served on us or our partners, sponsors, investors, or affiliates;

  • To protect and defend our rights or property or those of our users or purchasers; and/or

  • To act as immediately necessary to protect the personal safety of our users, purchasers, or the public.

We will not sell, distribute, or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

MARKETING AND COMMUNICATIONS CONSENT

By using our Website, Programs, Products, and Services, you explicitly consent to receive marketing communications from Live Nourished Coaching, including but not limited to emails, SMS/text messages, and phone calls. You understand that these communications may be sent to you for marketing purposes, and you have the right to opt-out of receiving such communications at any time by following the unsubscribe instructions provided in each communication. Your consent to receive marketing communications remains in effect until you opt-out.

PURCHASES MADE THROUGH OUR WEBSITE

You agree and acknowledge that all purchases made through our Website are done on a voluntary basis and that you are to remain financially responsible for any and all purchases made by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.

You agree and acknowledge that any information provided by you to us or our payment processor is true and accurate. Should your payment fail to process, we reserve the right to withhold the intended purchased product from you unless and until payment is properly rendered.

REFUND POLICY

Due to the digital nature of these products, you acknowledge that we do not offer refunds for any portion of your payment for any of our services, digital products, courses, programs, classes, live events, coaching, or masterminds.

Please be advised that any sales finalized with the benefit of promotional discounts are deemed final. Such sales are not eligible for either full or partial refunds under any circumstances, even in cases where customers have made previous purchases without promotional discounts. This steadfast policy allows us to extend significant discounts to our valued customers while concurrently upholding the value and integrity of our offerings.

RESTULTS DISCLAIMER

In this agreement, there are no guarantees concerning the level of health, wellness or success you may experience in this program. There is no guarantee that your health or wellbeing will change and you accept the risk that results differ by individuals. The use of our information, products, and services should be based on your own due diligence, and you agree that Live Nourished Coaching is not liable for any success or failure that is directly or indirectly related to the purchase of your coaching program. As with any business, your results may vary and will be based on your individual capacity, personal experience, knowledge, expertise, and level of desire.

TESTIMONIALS

We present testimonials and insights about other people’s experiences with our website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

DEFINITION OF LIFETIME ACCESS

"Lifetime Access" refers to unlimited access to the course or program content for the entire duration of the course, program's or company’s operational lifetime.

LIMITATION OF LIABILITY

We 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, Services, or Program Materials. 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, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who are engaged in rendering our Website, Programs, Products, Services, or Program Materials, or in any way or in any location. In the event that you use our Website, Programs, Products, Services, or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

By participating in using our Website and/or adding yourself to our email list, you voluntarily, and are solely and personally responsible for your actions, choices, and any results therein. Your use of this Website constitutes an agreement and acceptance that you will absolve Live Nourished Coaching as well as anyone acting as an agent, employee, personnel consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.

You understand and agree that Live Nourished Coaching is not liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.

Live Nourished Coaching takes reasonable precautions and measures to keep all information private and confidential. We accept no responsibility for any third-party hacking or third-party ability to gain access to such confidential information held by us. You agree and understand that we shall not be held liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

Furthermore, Live Nourished Coaching takes no responsibility or liability for policies of third-party payment processing companies used to make payments through our Website. Please note that by using the third-party payment processor or visiting our Website subjects you to the terms and conditions, privacy policies, and disclaimers of those companies, in addition to our own. We highly recommend that you read their individual policies and terms and conditions in addition to our own. Should you incur any damages as a result of the use of a third-party payment processor, you agree not to file or assert any claims against us arising from the purchase of a product or service.

INDEMNIFICATION AND HOLD HARMLESS

You agree at all times to defend, indemnify, and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to our Website, Products, Programs, Services, or Program Materials, or your breach of any obligation, warranty, representation, or covenant set forth in these Terms of Use or in any other agreement with us. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge. We shall not be liable for any content posted to our Website by a third party and, as a visitor, you agree to release us of any and all claims arising therefrom.

Live Nourished Coaching is not liable to any party for any damages—whether direct, indirect, consequential, foreseeable, incidental, or otherwise—stemming or perceived to stem from the use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurred as a result of your reliance on or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from or perceived to stem from reliance on information contained on our Website.

You acknowledge and agree that we are not liable for any damages incurred as a result of your reliance on or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from or perceived to stem from reliance on information contained on our Website.

Live Nourished Coaching attempts to monitor any comments and posts made by all users and third parties in order to protect all our visitors. Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you agree to (1) notify us of the material and (2) agree not to take any action against us based upon the content posted by the third party. You understand we cannot be responsible for material posted by a user without our control and agree to release us of any and all claims arising therefrom.

RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable, or consequential damages for any use of or reliance on our Website, Programs, Products, Services, or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

DISPUTE RESOLUTION AND BINDING ARBITRATION

It is the intent of Live Nourished Coaching that should any differences arise, we could work them out amicably through written correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an email to us at support@livenourishedcoaching.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

By visiting our Website, purchasing our Products, Programs, Services, and/or Program Materials you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your correspondence referenced above, or you waive the right to seek dispute resolution by arbitration or take any other legal action.

You also agree that should arbitration take place, it will be held in Colorado Springs, Colorado, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree not to engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Products, Programs, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms and Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

GOVERNING LAW

These Terms and Conditions shall be governed by the laws of the State of Colorado, regardless of the conflict of laws principles thereof.

TERMINATION

Live Nourished Coaching has the right to refuse or immediately terminate your access to our Website at any time, for any reason, with or without notice. Should this occur, no explanation is owed to you, nor is this decision subject to any appeals or legal action. If you made any purchases and we determine you are entitled to receive or allowed continued use of the purchased information, we will make this information available to you in a way we see fit, which you agree will be satisfactory to you.

FULL RELEASE

By using our Website, Programs, Products, and Services, you acknowledge that you have carefully read these Terms and Conditions and fully understand their terms. You understand that by clicking the terms and conditions box on the checkout page or by continuing to use our Website, Programs, Products, and Services, you are giving up substantial rights, including your right to sue. You agree that this agreement is a complete and unconditional release of all liability to the greatest extent allowed by law and that it does not have an expiration date.

If you have any questions about these Terms and Conditions, please contact us at support@livenourishedcoaching.com.