Last Updated: February 7, 2023
Agreement between User and consciouslyconnectedhelath.com
Welcome to consciouslyconnectedhelath.com. The consciouslyconnectedhelath.com website (the “Site”) is comprised of various web pages operated by Consciously /connected Health LLC (“CCH”). Consciouslyconnectedhelath.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices herein (the “Terms”). Your use of consciouslyconnectedhelath.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Privacy
Your use of consciouslyconnectedhelath.com is subject to CCH’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communication
Visiting consciouslyconnectedhelath.com or sending emails to CCH constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.
Children Under Thirteen
CCH does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use consciouslyconnectedhelath.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Consciouslyconnectedhelath.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under control of CCH and CCH is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CCH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CCH of the site or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use consciouslyconnectedhelath.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CCH that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All contact included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of CCH or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agreed to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. CCH content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CCH and the copyright owner. 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 CCH or our licenses except as expressly authorized by these Terms.
Materials Provided to consciouslyconnectedhealth.com or Posted on Any CCH Web Page
CCH does not claim ownership of the materials you provide to consciouslyconnectedhealth.com (including feedback and suggestions) or post, upload, input or submit to any CCH Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CCH, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No composition will be paid with respect to the use of your Submission, as provided herein. CCH is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CCH’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.
International Users
The Service is controlled, operated and administered by CCH from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CH Content accessed through consciouslyconnectedhealth.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless CCH, it’s officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses(including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. CCH reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CCH in asserting any available defenses.
Arbitration, Choice of Law, and Limited Remedies
In the event that there ever arises a dispute between you and the Company with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American
Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to you in the event that an award is granted in arbitration is a refund of the product fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth herein, may be granted to you. This agreement shall be construed according to the laws of the State of California. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.
Liability Disclaimer
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Consciously Connected Health LLC and/or its suppliers may make improvements and/or changes in the site at any time.
Consciously Connected Health LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Consciously Connected Health LLC and/or its suppliers hereby disclaim all warranties and conditions regarded to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by any applicable law, in no event shall Consciously Connected Health LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss os use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether braised on contract, tort, negligence, strict liability or otherwise, even if Consciously Connected Health LLC or any of its suppliers has been advised of the possibility of damages because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of use, your sole and exclusive remedy is to discontinue using the site.
You understand that the role of the Health Coach and CCH is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach and Services of CCH is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The customer understands that CCH is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by CCH is not meant to take the place of advice by these professionals. If you are under the care of a healthcare professional or currently use prescription medications, you should discuss any dietary changes or potential dietary supplement usage with your doctor, and should not discontinue any prescription medications without first consulting your doctor. You understand that the information received in this product should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.
Personal Responsibility and Release of Health Care Related Claims
You acknowledge that you take full responsibility for your life and well-being, as well as the lives and well-being of your family and children (where applicable), and all decisions made during and after participating in the contents of any Services or products, or use of any information found on the Site. You expressly assume the risks of all information and Services, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. You releases CCH from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which you ever had, now has or will have in the future against CCH, arising from the your past or future participation in, or otherwise with respect to, the product, unless arising from the gross negligence of CCH.
CCH Makes No Guarantees as to the Results
You understand, acknowledge and accept that CCH does not make any guarantees or representations to you about any results or effects on your health that you might be able to achieve from your participation in any products or Services, or from any information found on the Site. Any testimonials or customer journey stories you might see displayed on the Site at consciouslyconnectedhealth.com or in any other marketing materials is not and should not be taken as a promise or guarantee that you can achieve similar results. You understand and agree that any result or achievement is based on various factors, and as such we cannot make any guarantees, promises or representations to that end. Moreover, CCH is not liable to you in any way if you do not achieve results that you saw in any marketing materials.
Termination/Access Restriction
CCH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all [provision of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CCH as a result of this agreement or use of the Site. CCH‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CCH’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or information provided to or gathered by CCH with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicant law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CCH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CCH with respect to the Site.
Changes to Terms
CCH reserves the right, in its sole discretion, to change the Terms under which consiouslyconnectedhealth.com is offered. The most current version of the Terms will supersede all previous versions. CCH encourages you to periodically review the Terms to stay informed on our updates.
Contact Us:
Consciously Connected Health welcomes your questions or comments regarding this Statement of Privacy.
Email: consciouslyconnectedhealth@gmail.com
Telephone: 949-363-3459
© Rocket Lawyer Incorporated, Modified by Consciously Connected Health LLC