We reserve the right to change these Terms of Service or to impose new conditions on use of the School Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the School Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This School Site and all the materials available on the School Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The School Site is provided solely for your personal noncommercial use. You may not use the School Site or the materials available on the School Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the School Site. You may, however, from time to time, download and/or print one copy of individual pages of the School Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the School Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to EIW from their creation. Thus, EIW shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as EIW determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to EIW all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that EIW has the right but not the obligation to use and display any postings or contributions of any kind and that EIW may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever
Limitations on Linking and Framing. You may establish a hypertext link to the School Site so long as the link does not state or imply any sponsorship of your site by us or by the School Site. However, you may not, without our prior written permission, frame or inline link any of the content of the School Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the School Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply any endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our affiliates operate or control in any respect any information, products or services that third parties may provide on or through the School Site or on websites linked to by us on the School Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not EIW. Neither EIW nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, EIW neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the sites by anyone other than an authorized EIW representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SCHOOL SITE AND BY EIW AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SCHOOL SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SCHOOL SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SCHOOL SITE OR MATERIALS ON THIS SCHOOL SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless EIW, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each 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 your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the School Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the School Site or on a site linked to by the School Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the School Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You hereby release us and our affiliates from any damages that you may incur, and agree not to assert any claims against us, arising from your purchase or use of any products or services made available by third parties through the School Site.
Your participation, correspondence or business dealings with any third party found on or through our School Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that EIW shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the School Site. You agree to use the School Site and to purchase services or products through the School for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
When you use the School Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the School Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
“Forum” means an area, site or feature offered as part of this School Site that offers the opportunity for users to post content for viewing by one or more website users, including private program membership areas, private Facebook group pages, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function. Additionally, “Forum” includes any other website page created by us, on one or more social media pages, including, but not limited to Facebook, Twitter, Instagram and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot guarantee the security of any information you disclose through any of these Forums; you make such disclosures at your own risk. You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you will not:
· Restrict or inhibit any other user from using and enjoying the School Site.
· Use the School Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
· Interfere with or disrupt any servers or networks used to provide the School Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the School Site.
· Use the School Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
· Gain unauthorized access to the School Site, or any account, computer system, or network connected to this School Site, by means such as hacking, password mining or other illicit means.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through this School Site.
· Use the School Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
· Use the School Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
· Use the School Site to post or transmit any information, software or other material that contains a virus or other harmful component.
· Use the School Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
· Use the School Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
· Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the School Site.
You are and shall remain solely responsible for the content you post on or through this School Site under your username or otherwise by you in any Forum and for the consequences of submitting and posting same. We have no duty to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. We market and sell various dietary supplements and shake products, vulvar cream, books, digital products and programs. These products are not intended to diagnose, treat, cure, or prevent any disease. EIW, and the administrators of this School Site and any Forum on this School Site reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this School Site.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
To use certain features of the School Site, you will need a username and password, which you will receive through the School’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SCHOOL SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, GROUP COACHING SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SCHOOL SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SCHOOL SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SCHOOL SITE, OR WITH ANY OF THE SCHOOL SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SCHOOL SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SCHOOL SITE IS CONTINUALLY UNDER DEVELOPMENT AND EIW MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SCHOOL SITE:
THIS SCHOOL SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
THIS SCHOOL SITE ALSO OFFERS FACILITATED GROUP COACHING SESSIONS FOR SOME PROGRAMS. THESE ARE FOR EDUCATIONAL AND PERSONAL DEVELOPMENT PURPOSES ONLY. YOU SHOULD NOT RELY ON ANY INFORMATION CONTAINED IN EITHER THE EDUCATIONAL PROGRAM OR THE GROUP COACHING SESSION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO HOLD HARMLESS ENCOMPASS INTEGRATIVE WELLNESS, LLC AND CHRISTINA BROCKETT FROM ALL PROFESSIONAL AND PERSONAL LIABILITY, NEGLIGENCE, OR OTHER LEGAL LIABILITY. YOU AGREE TO BE RESPONSIBLE FOR ALL LEGAL COSTS AND FEES THAT MAY RESULT FROM ACTION(S) ON YOUR PART OR ON THE PART OF YOUR REPRESENTATIVE(S) AGAINST US. IF A LEGAL CASE IS BROUGHT AGAINST US, YOU AGREE THAT WE SHALL BE JUDGED BY THE STANDARD PRINCIPLES OF COMPLEMENTARY/HOLISTIC/ALTERNATIVE/FUNCTIONAL MEDICINE AND NOT THE STANDARDS AND PRINCIPLES OF CONSENSUS OF CONVENTIONAL/ALLOPATHIC MEDICINE.
ENCOMPASS INTEGRATIVE WELLNESS, LLC ALSO RECOMMENDS THAT YOU GET MEDICAL CLEARANCE FROM YOUR MD BEFORE YOU PARTAKE IN ANY OF THE EXERCISE MODALITIES WHICH MIGHT BE RECOMMENDED.
IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SCHOOL SITE.
DO NOT USE THE INFORMATION PROVIDED ON THIS WEBSITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM OR DISEASE, OR TAKING MEDICATION OR OTHER TREATMENT. ALWAYS SPEAK WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL BEFORE TAKING ANY MEDICATION OR NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, OR USING ANY TREATMENT FOR A HEALTH PROBLEM.
THE USE OF ANY INFORMATION PROVIDED ON THIS SCHOOL SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SCHOOL SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.
INDIVIDUAL ARTICLES AND/OR PODCASTS REFERENCED OR LINKED TO OFF OF THIS SCHOOL SITE ARE BASED UPON THE OPINIONS OF THE RESPECTIVE AUTHOR/SPEAKER.
We may cancel or terminate your right to use the School Site or any part of the School Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the School Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the School Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive such termination.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by EIW infringe your copyright, you, or your agent may send to EIW a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon EIW actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to EIW a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/ for details. EIW’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected].
This Agreement shall be binding upon and inure to the benefit of EIW and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of EIW. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by EIW to any affiliated entity or any of its wholly owned subsidiaries
All disputes shall be governed by and construed in accordance with the laws of the State of Maryland and any dispute shall be subject to binding arbitration in Frederick County, Maryland.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are hereby waived when arising out of your use of this School Site.
Any arbitrator who may be appointed hereunder may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court of competent jurisdiction in Frederick County, Maryland.