Terms and conditions.
Effective as of November 7, 2023
These Terms and Conditions apply to the website and all other online properties (i.e. social media pages) (“Site”) operated by Beautifully Recovered Coaching, LLC and our affiliates (“Beautifully Recovered Coaching”, “we”, or “us”). The use of the Site, including the purchase of any coaching or related services (“Services”), is subject to the following terms and conditions (“Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at lizzie@recoveredcoach.com.
I. ABOUT US
Beautifully Recovered Coaching provides ongoing support and guidance for individuals struggling with eating disorders and disordered eating, focusing on the “here and now” and helping clients with behavior changes necessary for recovery. We can help provide tips and strategies for HOW to recover, but we are neither trained nor qualified to help explore WHY clients have an eating disorder or to help with issues from the past. Clients should discuss these issues with their therapist, psychiatrist, or other appropriate treatment professionals. Beautifully Recovered Coaching does not provide therapy, nutrition counseling, or other mental health counseling. We do not take the place of such, thus we cannot provide treatment or give associated professional advice.
II. ELECTRONIC COMMUNICATION
You agree that from time to time, you may receive communications from us. These communications could include, but are not limited to, phone, email, text communications. The subject of these communications could be of the nature of newsletters, special offers, reminders, updates, or notifications. You further agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
III. ELIGIBILITY
By visiting the Site, you represent and warrant to us that you are 13 years of age or older, and that you have the right, authority, and capacity to agree and abide by terms contained herein. You also represent and warrant to us that you will use the Site in a manner consistent with any and all applicable laws and regulations.
IV. COPYRIGHT
Images of people, places and/or Services posted on this Site are either the property of Beautifully Recovered Coaching or our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with Marks (as defined below), “Beautifully Recovered Coaching Content”) is the property of Beautifully Recovered Coaching or its licensors, partners or affiliates and is protected by United States copyright laws. The compilation of this Site is the exclusive property of Beautifully Recovered Coaching and is protected by United States intellectual property laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at lizzie@recoveredcoach.com.
V. TRADEMARKS
All trademarks, service marks, and trade names (collectively, “Marks”) that appear on this Site are proprietary to Beautifully Recovered Coaching, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Beautifully Recovered Coaching, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
VI. LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- upload Submissions that are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Beautifully Recovered Coaching in its sole discretion;
- post advertising or marketing links or content, except as specifically allowed by these Terms; or
- introduce viruses, time-bombs, worms, Trojan Horses and/or other harmful or malicious code.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
VII. TERMS OF SALE
To the extent you purchase any Services from us, you agree to pay for all of the Services ordered. If you provide credit card or other authorized payment method information to Beautifully Recovered Coaching, you authorize us, or a credit card processor of its choosing to bill such credit card or to make such charges as applicable. If Beautifully Recovered Coaching, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, Beautifully Recovered Coaching will invoice you at, or within a reasonable period of, the time of the purchase request.
You will be registered for a coaching session when payment has been processed. All fees are non-refundable. If you are unable to attend a coaching session, you can request to reschedule a session if you notify Beautifully Recovered Coaching at least twenty-four (24) hours prior to the start of the coaching session. If you request to reschedule or cancel a session with less than twenty-four (24) hours prior notice, you will be charged the full rate for the session. Clients who fail to show up for a session will also be charged the full rate of the session.
We reserve the right, in our absolute discretion, to withdraw or modify any Service, offering, or promotion at any time without prior notice and with no liability. Any and all Services, offering, or promotion advertised are void where prohibited and are subject to the posting of an official rule to such offers or promotions.
VIII. CONTENT YOU SUBMIT TO BEAUTIFULLY RECOVERED COACHING
From time to time, Beautifully Recovered Coaching may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Submissions”). We welcome your comments regarding our Services, including our Site. By uploading a Submission on the Site, you hereby grant Beautifully Recovered Coaching an unrestricted, assignable, sub-licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Submissions you post to the Site, for any purpose, including promoting and marketing Beautifully Recovered Coaching and the Services. You further grant Beautifully Recovered Coaching a royalty-free license to Use the name, image, and likeness of any person identifiable in any Submission you post to the Site. By posting a Submission, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Submission. Except for materials provided to you by Beautifully Recovered Coaching through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of the Submissions that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Beautifully Recovered Coaching the rights in your Submissions as contemplated under the Terms, and (ii) the Submissions you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Beautifully Recovered Coaching to obtain any licenses from or make any payments in any amounts to any third party.
Beautifully Recovered Coaching has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Submissions and remove, delete, redact or otherwise modify such Submissions, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Beautifully Recovered Coaching has no obligation to display or post any Submission. Beautifully Recovered Coaching, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
IX. DISCLAIMERS
You expressly agree that the information on the Site is for informational purposes only. We are not doctors, therapists, lawyers or financial experts, and the information provided is not meant to be a substitute for professional medical, psychological, legal or financial advice, and it should not be relied upon as such. This information does not serve to diagnose, treat, or provide a cure for any condition you may be experiencing. If you require medical, psychological, legal or financial services, it is your responsibility to seek it out from a licensed professional.
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. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Site.
X. NO WARRANTIES
Except as otherwise provided herein, Beautifully Recovered Coaching provides the Site and Services “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Beautifully Recovered Coaching makes no representations, warranties or conditions, express or implied. Beautifully Recovered Coaching expressly disclaims any and all warranties or conditions, express, statutory and implied, including without limitation: (i) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; (ii) warranties or conditions arising through course of dealing or usage of trade; and (iii) warranties or conditions of uninterrupted or error-free access or use. No advice or information, whether oral or written, obtained by you through the Site, Services, or any materials available through the Site will create any warranty regarding Beautifully Recovered Coaching or the Site that is not expressly stated in these Terms. You assume all risk for any damage that may result from your use of or access to the Site, your dealings with any other user, and any materials, including all Submissions and Beautifully Recovered Coaching Content, available through the Site. You understand and agree that your use of the Site, Services, Beautifully Recovered Coaching Content, and any associated sites or services, are at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device), or the loss of data that results from the use of the Site or the download or use of those materials. Some jurisdictions may prohibit a disclaimer or warranties and you may have other rights that vary from jurisdiction to jurisdiction.
XI. LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BEAUTIFULLY RECOVERED COACHING AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BEAUTIFULLY RECOVERED COACHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) BEAUTIFULLY RECOVERED COACHING AND ITS AFFILIATES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF BEAUTIFULLY RECOVERED COACHING CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
XII. MODIFICATION
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update, modify, and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date” at the top of this page. Your use of the Site constitutes your acceptance of these Terms.
XIII. PRIVACY
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.
XIV. PARENTS
If you are a parent signing your child up for the Services, you represent and warrant to us that such child is your legal child or a ward for which you have legal guardianship. These Terms shall be binding upon you and your child or ward.
XV. ELECTRONIC SIGNATURES
You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, you have read and reviewed the relevant information and your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
XVI. GENERAL
These Terms (including any document expressly incorporated into these Terms) constitute the entire agreement between you and Beautifully Recovered Coaching with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. If any provision of these Terms or any application thereof shall be invalid or unenforceable, the remainder of these Terms and any other application of such provision shall not be affected thereby. These Terms will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. Beautifully Recovered Coaching shall not be deemed to have waived any rights under these Terms unless such waiver is given in writing. No delay or omission on the part of Beautifully Recovered Coaching in exercising any right shall operate as a waiver of such right or any other right. The rights and obligations of the parties hereunder and the interpretation of these Terms shall be governed by the laws of the State of Ohio, other than those related to conflicts of law. All disputes arising under these Terms must be resolved in the Cuyahoga County Court of Common Pleas, and the parties waive any objection to venue laid therein. The parties consent to submit themselves to the exclusive jurisdiction of such court and agree that service of process on them in any such dispute may be affected by the means by which notices are to be given to them under these Terms.