TERMS AND CONDITIONS
Last updated March 11, 2023
AGREEMENT TO OUR LEGAL TERMS
We are RinglerHealthCoaching ("Company," "we," "us," "our"), a company
registered in Michigan, United States at __________, __________, MI.
We operate the website https://ringlerhealthcoaching.com/ (the "Site"), the mobile
application https://ringlerhealthcoaching.com/ (the "App"), as well as any other
related products and services that refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services").
You can contact us by phone at 231-629-7729, email at aprilringler@gmail.com, or by
mail to __________, __________, MI, United States.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and RinglerHealthCoaching,
concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal
Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you
are using. The modified Legal Terms will become effective upon posting or notifying
you by aprilringler@gmail.com, as stated in the email message. By continuing to use
the Services after the effective date of any changes, you agree to be bound by the
modified terms.
The Services are intended for users who are at least 13 years of age. All users who
are minors in the jurisdiction in which they reside (generally under the age of 18)
must have the permission of, and be directly supervised by, their parent or guardian
to use the Services. If you are a minor, you must have your parent or guardian read
and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. REFUNDS POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. MOBILE APPLICATION LICENSE
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
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16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution toor use by any person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly, thosepersons who choose to access the Services from other locations do so on their owninitiative and are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.
The Services are not tailored to comply with industry-specific regulations (HealthInsurance Portability and Accountability Act (HIPAA), Federal Information SecurityManagement Act (FISMA), etc.), so if your interactions would be subjected to suchlaws, you may not use the Services. You may not use the Services in a way thatwould violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the
"Content"
), aswell as the trademarks, service marks, and logos contained therein (the
"Marks"
).
Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your
personal, non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITEDACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable,revocable
license
to:
access the Services; and
download or print a copy of any portion of the Content to which you haveproperly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set outin this section or elsewhere in our Legal Terms, please address your request to:
aprilringler@gmail.com
. If we ever grant you the permission to post, reproduce, orpublicly display any part of our Services or Content, you must identify us as theowners or licensors of the Services, Content, or Marks and ensure that any copyrightor proprietary notice appears or is visible on posting, reproducing, or displaying ourContent.
We reserve all rights not expressly granted to you in and to the Services, Content,and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach ofour Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the
"
PROHIBITED ACTIVITIES
"
section carefully priorto using our Services to understand the (a) rights you give us and (b) obligations youhave when you post or upload any content through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services (
"Submissions"
), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.
You are responsible for what you post or upload:
By sending us Submissions
through any part of the Services
you:
confirm that you have read and agree with our
"
PROHIBITED ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the Services anySubmission
that is illegal, harassing, hateful, harmful, defamatory, obscene,bullying, abusive, discriminatory, threatening to any person or group, sexuallyexplicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights toany such Submission
;
warrant that any such Submission
are original to you or that you have thenecessary rights and
licenses
to submit such Submissions
and that you havefull authority to grant us the above-mentioned rights in relation to yourSubmissions
; and
warrant and represent that your Submissions
do not constitute confidentialinformation.
You are solely responsible for your Submissions
and you expressly agree toreimburse us for any and all losses that we may suffer because of your breach of (a)this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3.
USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(
1
) all registration informationyou submit will be true, accurate, current, and complete; (
2
) you will maintain theaccuracy of such information and promptly update such registration information asnecessary;
(
3
) you have the legal capacity and you agree to comply with these LegalTerms;
(
4
) you are not under the age of 13;
(
5
) you are not a minor in the jurisdictionin which you reside
, or if a minor, you have received parental permission to use theServices
; (
6
) you will not access the Services through automated or non-humanmeans, whether through a bot, script or otherwise; (
7
) you will not use the Servicesfor any illegal or
unauthorized
purpose; and (
8
) your use of the Services will notviolate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Services (or any portion thereof).
4.
USER REGISTRATION
You may be required to register to use the Services. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username you selectif we determine, in our sole discretion, that such username is inappropriate, obscene,or otherwise objectionable.
5. PRODUCTS
All products are subject to availability
. We reserve the right to discontinue anyproducts at any time for any reason. Prices for all products are subject to change.
6.
PURCHASES AND PAYMENT
We accept the following forms of payment:
-
PayPal
You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Services. You further agree to promptlyupdate account and payment information, including email address, payment method,and payment card expiration date, so that we can complete your transactions andcontact you as needed. Sales tax will be added to the price of purchases as deemedrequired by us. We may change prices at any time. All payments shall be
in
USdollars
.
You agree to pay all charges at the prices then in effect for your purchases and anyapplicable shipping fees, and you
authorize
us to charge your chosen paymentprovider for any such amounts upon placing your order.
We reserve the right tocorrect any errors or mistakes in pricing, even if we have already requested orreceived payment.
We reserve the right to refuse any order placed through the Services. We may, in oursole discretion, limit or cancel quantities purchased per person, per household, or perorder. These restrictions may include orders placed by or under the same customeraccount, the same payment method, and/or orders that use the same billing orshipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment
, appear to be placed by dealers, resellers, or distributors.
7.
REFUNDS
POLICY
All sales are final and no refund will be issued.
8.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which wemake the Services available. The Services may not be used in connection with anycommercial
endeavors
except those that are specifically endorsed or approved byus.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of theServices, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Services and/or the Contentcontained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, orharm another person.
Make improper use of our support services or submit false reports of abuse ormisconduct.
Use the Services in a manner inconsistent with any applicable laws orregulations.
Engage in
unauthorized
framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Services.
Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username ofanother user.
Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (
"gifs"
), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms"
).
Interfere with, disrupt, or create an undue burden on the Services or thenetworks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent orrestrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Services.
Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Services, or use or launch any
unauthorized
script or othersoftware.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any
unauthorized
use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purposeof sending unsolicited email, or creating user accounts by automated means orunder false
pretenses
.
Use the Services as part of any effort to compete with us or otherwise use theServices and/or the Content for any revenue-generating
endeavor
orcommercial enterprise.
Use the Services to advertise or offer to sell goods and services.
9.
USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
We may provide youwith the opportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Services, including butnot limited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material (collectively,
"Contributions"
).Contributions may be viewable by other users of the Services and through third-partywebsites.
As such, any Contributions you transmit may be treated in accordance withthe Services' Privacy Policy.
When you create or make available any Contributions,you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary
licenses
, rights,consents, releases, and permissions to use and to
authorize
us, the Services,and other users of the Services to use your Contributions in any mannercontemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likenessof each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Services andthese Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or
unauthorized
advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or otherforms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous
, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any thirdparty.
Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, anyprovision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms andmay result in, among other things, termination or suspension of your rights to use theServices.
10.
CONTRIBUTION
LICENSE
You and Services agree that we may access, store, process, and use any informationand personal data that you provide
following the terms of the Privacy Policy
and yourchoices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree thatwe can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Services.You are solely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
11.
GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When postinga review, you must comply with the following criteria: (1) you should have firsthandexperience with the person/entity being reviewed; (2) your reviews should not containoffensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviewsshould not contain discriminatory references based on religion, race, gender, nationalorigin, age, marital status, sexual orientation, or disability; (4) your reviews should notcontain references to illegal activity; (5) you should not be affiliated with competitors ifposting negative reviews; (6) you should not make any conclusions as to the legalityof conduct; (7) you may not post any false or misleading statements; and (8) you maynot
organize
a campaign encouraging others to post reviews, whether positive ornegative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutelyno obligation to screen reviews or to delete reviews, even if anyone considersreviews objectionable or inaccurate. Reviews are not endorsed by us, and do notnecessarily represent our opinions or the views of any of our affiliates or partners. Wedo not assume liability for any review or for any claims, liabilities, or losses resultingfrom any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and
license
to reproduce, modify, translate, transmit by any means, display, perform,and/or distribute all content relating to review.
12.
MOBILE APPLICATION
LICENSE
Use
License
If you access the Services via the App, then we grant you a revocable, non-exclusive,non-transferable, limited right to install and use the App on wireless electronicdevices owned or controlled by you, and to access and use the App on such devicesstrictly in accordance with the terms and conditions of this mobile application
license
contained in these Legal Terms. You shall not: (1) except as permitted by applicablelaw, decompile, reverse engineer, disassemble, attempt to derive the source code of,or decrypt the App; (2) make any modification, adaptation, improvement,enhancement, translation, or derivative work from the App; (3) violate any applicablelaws, rules, or regulations in connection with your access or use of the App; (4)remove, alter, or obscure any proprietary notice (including any notice of copyright ortrademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating
endeavor
, commercial enterprise, or other purpose for which it is notdesigned or intended; (6) make the App available over a network or otherenvironment permitting access or use by multiple devices or users at the same time;(7) use the App for creating a product, service, or software that is, directly orindirectly, competitive with or in any way a substitute for the App; (8) use the App tosend automated queries to any website or to send any unsolicited commercial email;or (9) use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of anyapplications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Storeor Google Play (each an
"App Distributor"
) to access the Services: (1) the
license
granted to you for our App is limited to a non-transferable
license
to use theapplication on a device that
utilizes
the Apple iOS or Android operating systems, asapplicable, and in accordance with the usage rules set forth in the applicable AppDistributor’s terms of service; (2) we are responsible for providing any maintenanceand support services with respect to the App as specified in the terms and conditionsof this mobile application
license
contained in these Legal Terms or as otherwiserequired under applicable law, and you acknowledge that each App Distributor has noobligation whatsoever to furnish any maintenance and support services with respectto the App; (3) in the event of any failure of the App to conform to any applicablewarranty, you may notify the applicable App Distributor, and the App Distributor, inaccordance with its terms and policies, may refund the purchase price, if any, paid forthe App, and to the maximum extent permitted by applicable law, the App Distributorwill have no other warranty obligation whatsoever with respect to the App; (4) yourepresent and warrant that (i) you are not located in a country that is subject to a USgovernment embargo, or that has been designated by the US government as a
"terrorist supporting"
country and (ii) you are not listed on any US government list ofprohibited or restricted parties; (5) you must comply with applicable third-party termsof agreement when using the App, e.g.
,
if you have a VoIP application, then you mustnot be in violation of their wireless data service agreement when using the App; and(6) you acknowledge and agree that the App Distributors are third-party beneficiariesof the terms and conditions in this mobile application
license
contained in these LegalTerms, and that each App Distributor will have the right (and will be deemed to haveaccepted the right) to enforce the terms and conditions in this mobile application
license
contained in these Legal Terms against you as a third-party beneficiarythereof.
13.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violationsof these Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.
14.
PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy:
https://ringlerhealthcoaching.com/page/privacy
. By using the Services,you agree to be bound by our Privacy Policy, which is incorporated into these LegalTerms. Please be advised the Services are hosted in
the
United States
. If you accessthe Services from any other region of the world with laws or other requirementsgoverning personal data collection, use, or disclosure that differ from applicable lawsin
the
United States
, then through your continued use of the Services, you aretransferring your data to
the
United States
, and you expressly consent to have yourdata transferred to and processed in
the
United States
.
Further, we do not knowinglyaccept, request, or solicit information from children or knowingly market to children.Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if wereceive actual knowledge that anyone under the age of 13 has provided personalinformation to us without the requisite and verifiable parental consent, we will deletethat information from the Services as quickly as is reasonably practical.
15.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOURACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANYTIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.
16.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Services.
We also reserve the right tomodify or discontinue all or part of the Services without notice at any time.
We will notbe liable to you or any third party for any modification, price change, suspension, ordiscontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing in theseLegal Terms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.
17.
GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed inaccordance with the laws of
the State of
Michigan
applicable to agreements madeand to be entirely performed within
the State of
Michigan
,
without regard to its conflictof law principles.
18.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
)brought by either you or us (individually, a
"Party" and collectively, the "Parties"
), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least
thirty (30)
days before initiatingarbitration. Such informal negotiations commence upon written notice from one Partyto the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, theDispute (except those Disputes expressly excluded below) will be finally andexclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUTTHIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVEA JURY TRIAL. The arbitration shall be commenced and conducted under theCommercial Arbitration Rules of the American Arbitration Association (
"AAA"
) and,where appropriate, the AAA’s Supplementary Procedures for Consumer RelatedDisputes (
"AAA Consumer Rules"
), both of which are available at the AAA website
www.adr.org
. Your arbitration fees and your share of arbitrator compensation shall begoverned by the AAA Consumer Rules and, where appropriate, limited by the AAAConsumer Rules.
The arbitration may be conducted in person, through thesubmission of documents, by phone, or online. The arbitrator will make a decision inwriting, but need not provide a statement of reasons unless requested by eitherParty. The arbitrator must follow applicable law, and any award may be challenged ifthe arbitrator fails to do so. Except where otherwise required by the applicable AAArules or applicable law, the arbitration will take place in
Newaygo County
,
Michigan
.Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, orenter
judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shallbe commenced or prosecuted in the
state and federal courts
located in
Newaygo
,
Michigan
, and the Parties hereby consent to, and waive all
defenses
of lack ofpersonal jurisdiction, and forum non conveniens with respect to venue andjurisdiction in such
state and federal courts
. Application of the United NationsConvention on Contracts for the International Sale of Goods and the UniformComputer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to theServices be commenced more than
one (1)
years after the cause of action arose.
Ifthis provision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to
utilize
class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
19.
CORRECTIONS
There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THECONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FORANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
ANDEXERCISE CAUTION WHERE APPROPRIATE.
21.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THELESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE
SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
OR
$1,000.00USD
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.
22.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of:
(
1
)use of the Services; (
2
) breach of these Legal Terms; (
3
) any breach of yourrepresentations and warranties set forth in these Legal Terms; (
4
) your violation ofthe rights of a third party, including but not limited to intellectual property rights; or (
5
)any overt harmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive
defense
and control of any matter for whichyou are required to indemnify us, and you agree to cooperate, at your expense, withour
defense
of such claims. We will use reasonable efforts to notify you of any suchclaim, action, or proceeding which is subject to this indemnification upon becomingaware of it.
23.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose ofmanaging the performance of the Services, as well as data relating to your use of theServices. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity you haveundertaken using the Services. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.
24.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications, andyou agree that all agreements, notices, disclosures, and other communications weprovide to you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require anoriginal signature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.
25.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
26.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Servicesor in respect to the Services constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provision of theseLegal Terms shall not operate as a waiver of such right or provision. These LegalTerms operate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Legal Terms isdetermined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Legal Terms and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and us as aresult of these Legal Terms or use of the Services. You agree that these Legal Termswill not be construed against us by virtue of having drafted them. You hereby waiveany and all
defenses
you may have based on the electronic form of these LegalTerms and the lack of signing by the parties hereto to execute these Legal Terms.
27.
CONTACT US
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at:
RinglerHealthCoaching
__________
,
MI
United States
Phone:
231-629-7729
aprilringler@gmail.com