MindYourStrength.com and Melanie Shmois
You further warrant that any information you submit to the Company when using or purchasing Content through this Website is owned by you and that you have the necessary authority to submit such information, including your payment information and email address.
The Content provided by the Company, whether directly through this website or via a third party product delivery platform, is for information purposes only and no portion of the Content is intended to substitute for any professional advice, including but not limited to medical, psychiatric, psychological, or behavioral advice and/or treatment, and you may not rely on the Content of this Website to provide such.
The Content on this web site is not to be interpreted as a promise or guarantee of results. If you require medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional. In her capacity as a Life and Weight Coach, Melanie Shmois does not hold herself out to be a health care provider (including physician, psychiatrist, nurse, psychologist, therapist, counselor, or social worker), financial advisor, or member of the clergy. The sole intention of the Company, whether through its Website and/or products and services, is to provide educational materials and coaching in the area of life and weight coaching.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Content.
You hereby assume responsibility for your actions and the results you create, or do not create, as a result of your actions or inaction. You also understand that it is entirely your right and responsibility to decide the extent to which you make use of this Content and you therefore agree not to attempt to hold the Company liable for any such actions or results of those actions, under any circumstances. Your level of success in attaining results is dependent upon a number of factors beyond the Company’s control, including your level of personal development, knowledge, ability, dedication to the process, personality, and mindset.
The statements and the strategies offered in the Content are based on the opinions, experiences, and coaching strategies of the Company. No future guarantees can be made that you will achieve any results from the Content, and the Company shall not be held responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury, or expense of any nature whatsoever, which may be suffered by you or any third party as a result of, or which may be attributable directly or indirectly to, your access and use of the Content. Ordering/purchasing Products or Services from this website will be construed as your explicit understanding and acceptance of this Disclaimer.
In fact, we make no guarantees whatsoever that you will achieve any results from the methods or coaching practices contained on this Website or in our Products and Services as results depend on many factors under your control.
The Content on our website and in our Products and Services may include views or recommendations of third parties, which do not necessarily reflect the views of the Company or indicate its commitment to a particular course of action.
In any instance where we include any case studies or testimonials, you can assume that none of these stories represents the “average” or “typical” customer experience.
By accessing Content through this Website and its Products and Services you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the Content. In no event shall the Company be held liable for any injury, loss or damage resulting from use of, or reliance upon, the Content.
You must be at least thirteen (13) years of age to access the products and services provided on this Website. If you are not at least thirteen years old, you are not permitted to access this Website for any reason, except if you have the permission of a legal guardian.
If you are provided a password to access this Website and its Content, then that password is for your personal use only, unless otherwise specified. You agree, therefore, to be responsible for the security of your password.
Copyright and Trademark
All Content posted on this Website is subject to copyrights owned by the Company. Any reproduction, retransmission, or republication (in whole or in part) of any part of the Content contained in the Company’s Products and Services is expressly prohibited, unless otherwise agreed and consented to in writing by the Company or any other copyright owner. All other rights reserved. You agree not to copy, edit, publish, and/or distribute any Content on this Website for any purpose whatsoever without prior arrangement or permission from the Company.
Unless specified otherwise, the Content will be delivered by digital download, directly from the Website or via email, or via a third party product delivery provider, to your computer. In the case of unforeseeable delays, the Company is not required to compensate for damages or inconveniences caused by such delays.
It is your responsibility to enter the correct delivery email address at the time of ordering and paying for the Content. If you enter the wrong email address, we are not obliged to re-send the order to another email address. It is the responsibility of the customer (the purchaser of the Content) to inform the Company if an order is not delivered. Once we learn an order has not been delivered to you via digital download to your computer, we will make every effort to complete delivery as soon as possible, except where delivery cannot be made through fault of your ability to accept the Content via digital download. You therefore agree that a delay in delivery shall not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
As our Content is delivered in digital form or in real time coaching sessions, it is not possible to return it to us and is therefore non-refundable. However, if you receive Content that you believe is not what was expected, the Company may, at our discretion, refund your money.
One-On-One Coaching Sessions and Cancellation Policy
Payment for one-on-one coaching sessions, whether in person or via telephone or Skype, must be made in advance. Once your payment has been received by the Company, you will be invited to schedule your appointments at agreed upon dates and times. Cancellations made at least 24 hours in advance of a scheduled appointment shall be rescheduled. Cancellations made less than 24 hours in advance of a scheduled appointment shall not be refunded and the session time will not be rescheduled. Used coaching sessions are non-refundable.
All prices shown on this Website are in United States Dollars (USD) and all payments must be made in USD.
DISCLAIMER OF WARRANTIES
ALL CONTENT AVAILABLE THROUGH THIS WEBSITE IS PROVIDED “AS IS”. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER THIS COMPANY NOR ITS AGENTS WARRANT THAT THE CONTENT WILL BE AVAILABLE INDEFINITELY, OR THAT SAID CONTENT IS ACCURATE, RELIABLE OR CORRECT.
FURTHERMORE, THE COMPANY DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS IN THE UNITED STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AGENTS, AFFILIATED COMPANIES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF THIS COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO THE COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT ALLOWABLE BY LAW.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Company with respect to this Website and supersedes all prior or contemporaneous communications between you and the Company with respect to this Website and its Content. If any part of the terms stated herein is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Jurisdiction of Dispute Resolution
These Terms of Service and Product Use shall be governed by and construed in accordance with the laws of the State of Ohio. You hereby consent to binding arbitration in the State of Ohio to resolve any disputes arising under these terms.
May 2, 2016