Terms of Use
By using any Resilient Health Coach (“RHC”) websites, hence forth collectively referred to as “Websites”, you agree to be bound by the following terms and conditions (“Terms of Use”). This agreement is personal to you; it cannot be assigned or transferred. If any provision of this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
1. Your Acceptance
By using and/or visiting any Resilient Health Coach websites you signify your agreement to:
- These terms and conditions (the “Terms of Use”); and
- The RHC Privacy Policy.
If you do not agree to any of these terms, or the privacy policy, please do not use these Websites. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Shipping and Returns
RHC will make every reasonable effort to ship orders no later than 7 business days via USPS Priority Mail or other appropriate shipping method. RHC will attempt to notify user via email upon order shipment but makes no guarantees regarding the submission or receipt of such notice. RHC disclaims all liability for product after transfer to shipping carrier. RHC does not accept returns and offers no warranty. However, prior to order shipment, user may request order cancellation by contacting RHC. Orders may not be cancelled or returned after they have been transferred to shipping carrier. I am not responsible for lost or stolen items once they are shipped. If there is an issue please contact me directly
3. Medical Disclaimer
The information on RHC websites is provided as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. The information on this website is NOT intended to replace the relationship with your qualified healthcare provider; serve as medical advice or patient education; or diagnose, treat, cure or prevent any medical condition. RHC expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. RHC does not endorse specifically any test, treatment, or procedure mentioned on RHC Websites. Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition and before beginning any nutritional or exercise program.
Products offered by RHC have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure or prevent any disease. These products are formulated using plant cannabinoids and are in compliance with Colorado Hemp Regulations. Administering these products has the potential for positive drug tests. Use at your own risk. Resilient Health Coach and its affiliates shall in no way be liable for any direct, indirect, incidental, consequential or exemplary damages or injury.
4. Websites
These Terms of Use apply to all users of the Websites, including users who are contributors of content and other materials or services on the Websites. The term Websites shall be understood to include all aspects and services of the RHC websites, including but not limited to all products, software and services offered via any website such as the blogs, groups, clubs, directories, discussion boards, messaging, social and professional networking, photo and video uploading, commenting, mailing lists, and other applications.
The Websites electronically publish news and information that may include facts, views, opinions and recommendations of individuals and organizations deemed of interest to Users. RHC does not review, monitor, verify or guarantee the accuracy, completeness or timeliness of or otherwise endorse information provided by any organization or individual, give advice or advocate the purchase or sale of any product or service not directly offered by RHC or its affiliates.
The Websites may include unmoderated forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. The text and other materials on these Websites are the opinion of the specific author and are not statements of advice, opinion, or information of RHC.
The Websites may contain links to third-party websites that are not owned by, affiliated with or controlled by RHC. RHC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites not directly affiliated with RHC. In addition, the Websites will not and cannot censor or edit the content of any non-affiliated third-party site. By using the Websites, you expressly release RHC from any and all liability arising from your use of any third-party website.
RHC may earn a commission for the endorsement, recommendation, testimonial, and/or link to any products or services from this website.
5. Your Account
In order to access some features of the Websites, you will have to register your account. By registering an account you agree to these Terms of Use and thereby agree to use of the Websites in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined here. Please note that you will be referred to as “User” from time to time in this Agreement. You may never use another’s account. Your User account may not be shared, transferred, or sold to other parties. When registering your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify RHC immediately of any breach of security or unauthorized use of your account. Although RHC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RHC or others due to such unauthorized use.
ADDITIONAL USER RESTRICTIONS
If you are under 18, you may purchase products or services or register for an event only through a parent or guardian. If you are under 13, you may not create an account on the Websites or access features that require you to have an account.
6. Rules for Online Conduct
You agree to use the Websites in accordance with all applicable laws. You agree that you will use all of the services or information provided on the Websites in accordance with the rules of conduct set forth below. This includes interactions with other users by email, web post, postal mail, or phone.
Prohibited conduct:
- Posting content that defames or threatens others
- Posting statements that are bigoted, hateful or racially offensive
- Posting content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets. When quoting copyrighted material, please adhere to the Electronic Frontier Foundation’s Fair Use Guidelines
- Posting material that contains obscene language or images
- Advertising or any form of commercial solicitation
- Scraping student information for the purposes of creating mailing lists
Statements or postings which violate the above terms will be deleted from the Websites upon discovery. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Websites without the express permission of the owner of the copyright of the material, or other legal entitlement to use the material. Any person posting material protected by copyright for the benefit of any third-party represents and warrants consent or permission has been obtained to post such materials. Although RHC does not screen or monitor content posted by users to the Websites, RHC reserves the right to remove content that violates the above rules of which it becomes aware.
You may not attempt to use or distribute tools designed for compromising security or take any action to compromise the security of this site. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools. You may not “flood” or disrupt the Websites through any means or process.
You agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Websites.
7. Online Communication Services
Communication services provided through the Websites, such as discussion boards, are a part of the Websites designed for communication between Users. RHC will not monitor these communications, but reserves the right to take action against any User who defames or harasses another User through any of the services offered through the Websites, if it comes to RHC’s attention.
8. Disclaimer of Warranty / Limitation of Liability
RHC does not warrant that the Websites will operate in an uninterrupted or error-free manner or that the Websites are free of viruses or other harmful components. Use of information obtained from or through these Websites is at your own risk.
YOU AGREE THAT RHC WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE WEBSITES, OR TO YOUR PLACEMENT OF CONTENT ON THE WEBSITES, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITES. IN PARTICULAR, RHC WILL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, MISUSE OF EMAIL OR OTHER SERVICES, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE A WEBSITE, OR ANY PURCHASES ON THE WEBSITES, OR YOUR PLACEMENT OF CONTENT ON A WEBSITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
RHC makes no representation regarding your ability to transmit and receive information from or through the Websites and you agree and acknowledge that your ability to access the Websites may be impaired. RHC disclaims any and all liability resulting from or related to such events.
9. Choice of Law/Forum Selection
RHC is registered and operated in the State of California, although RHC Websites may be hosted on servers owned by our web host located in other States. You agree that any dispute arising out of or relating to these Terms of Use or any content posted to a Website, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Hillsborough County, Florida, as the legal forum for any such dispute.
10. Notice
RHC may, in its sole discretion, modify or revise these Terms of Use and policies at any time. Notice of any such change or addition will be made within approved interfaces to the Websites and/or by email. By using the Websites after any change or addition is announced, you agree to be bound by all such changes or additions.
If you become aware of any unauthorized use of your RHC User account, you agree to notify RHC by email at sherry@resilienthealthcoach.com.
11. Termination of Service
User may terminate this Agreement, except for section 2 (“Shipping and Returns”), by cancelling his or her account. To do this, the user must contact RHC through phone or mail as listed above.
RHC may terminate your account or access rights to the Websites at any time, without notice, for conduct that RHC believes violates this Agreement or other policies or guidelines that RHC has posted. RHC may terminate your account or your access rights to the Websites for online conduct that RHC believes is harmful to other Users, to RHC’s business, or to other information providers.
12. Trademarks
The logo, name and all graphics on the Websites or their affiliates are trademarks of RHC or its affiliates. Use, reproduction, copying or redistribution of trademarks without the written permission of RHC or its affiliates is prohibited. All other trademarks or service marks appearing on the Websites are the marks of their respective owners.
13. Indemnification
You agree to defend, indemnify and hold RHC, its trustees, officers, employees and agents harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Websites or your placement of any content onto the Websites, and to fully cooperate in RHC’s defense against any such claims.
14. Copyright License & Complaints
Owner of posted materials grants RHC a non-exclusive, royalty-free, perpetual license to reproduce and distribute any content posted on the Websites.
RHC respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe your copyright has been violated on the Websites, please provide the following information to the contact information listed under the notice section of this document.
- The name, address, and physical or electronic signature of the complaining party
- Identification of the infringing materials and their Internet location, or if the service provider is an “information location tool” such as a search engine, the reference or link to the infringing materials
- Sufficient information to identify the copyrighted works
- A statement by the copyright holder of a good faith belief that there is no legal basis for the use complained of
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the copyright holder