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Website Terms and Conditions of Use with Disclosures and Disclaimers

 

By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Esther Avant Wellness Coaching (doing business as EA Coaching).

 

  1. Intellectual Property

 

This website includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics. 

  

You may view, download, print, email, and use materials from this website for personal, noncommercial purposes only.  Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.

 

  1. Visitor Comments and Posts

 

If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Esther Avant Wellness Coaching a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Esther Avant Wellness Coaching a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Esther Avant Wellness Coaching does not claim any ownership rights in your materials.

 

Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website.  You participate, comment, and post material on this website at your own risk.  Any communication by you on this website, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

 

Esther Avant Wellness Coaching, in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website. Esther Avant Wellness Coaching does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.  Esther Avant Wellness Coaching neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. Esther Avant Wellness Coaching shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.

 

  1. Visitor Behavior on Website

 

You are strictly forbidden from the following:

 

• Causing damage to this website

 

• Using this website for any unlawful, illegal, fraudulent or harmful purpose or activity

 

• Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

 

• Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

 

• Systematically or automatically collecting data from this website

 

• Sharing private and proprietary information from online courses with anyone else

 

Esther Avant Wellness Coaching may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.

 

  1. DISCLAIMERS

 

This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. Esther Avant Wellness Coaching disclaims any liability for your reliance on any opinions or advice contained in this website.

 

This website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You should consult with a professional if you have specific questions about your own unique situation.  

 

Esther Avant Wellness Coaching may demonstrate certain physical exercises.  You understand that physical activity and exercise are inherently risky and dangerous activities.  Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by Esther Avant Wellness Coaching.  You acknowledge Esther Avant Wellness Coaching and its owners, agents, employees, and contractors may not be a trained or certified exercise instructor or personal trainer.

 

  1. IMPORTANT EARNINGS DISCLAIMER – NO GUARANTEE OF RESULTS OR EARNINGS 

 

You agree that Esther Avant Wellness Coaching has not made and does not make any specific representations about the earnings or results you may receive. Esther Avant Wellness Coaching cannot and does not guarantee that you will achieve any particular result or earnings from your use of the website, and you understand that results and earnings differ for each individual. 

 

  1. Links to Third-Party Products, Services, or Sites 

 

Any links to third-party products, services, or sites are subject to separate terms and conditions. Esther Avant Wellness Coaching is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Esther Avant Wellness Coaching may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

 

  1. No Warranty

 

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Esther Avant Wellness Coaching DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Esther Avant Wellness Coaching DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, Esther Avant Wellness Coaching OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Esther Avant Wellness Coaching SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.

 

  1. General Terms

 

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws. The nearest state and federal court to Germantown, TN shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

 

If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

 

Esther Avant Wellness Coaching may change, modify or update these Terms at any time without notice. Any access or use of this website by you after Esther Avant Wellness Coaching posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact admin@estheravant.com

 

Esther Avant Wellness Coaching controls and operates this website from offices in the United States. Esther Avant Wellness Coaching does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

  1. Disclosure of Relationships. 

 

This website is written and edited by Esther Avant Wellness Coaching. Esther Avant Wellness Coaching does not currently, but may in the future, accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation from third parties.

 

Esther Avant Wellness Coaching believes in honesty. Any content, advertising space or posts will be clearly identified as paid or sponsored content.

 

If we receive compensation for some of our posts, online content, or advertisements, we will still always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely those of Esther Avant Wellness Coaching. Any product claim, statistic, quote or other representation about a product or service may have been provided to Esther Avant Wellness Coaching by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.

 

Esther Avant Wellness Coaching does not have relationships that might present a conflict of interest or influence the content of this website.

 

Updated on March 16, 2022