Website Terms and Conditions

Effective Date:  March 1st, 2019

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH THE LIVE WELL STUDIO OFFERS YOU ACCESS TO ITS WEBSITE AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY.

This website, located at jenniferdiaz.com as well as all services related to this website (collectively, the “Website”) is provided by Jennifer Diaz Coaching, LLC, a Tennessee Limited Liability Company (herein referred to as “Jennifer Diaz”, “we”, “us” or “our”). The terms and conditions set out in this notice apply to Your visits and use of our Website. By using the Website, You agree to be bound by these terms without limitation or qualification. As a condition of Your participation in Jennifer Diaz services (the “Services”), You (hereinafter “You”, “Your” or “User”) agree to abide by the terms of this Website Terms and Conditions (“Agreement”). Should You not agree to these terms, please do not use our Website. You may review this Agreement at any time by clicking on the Terms and Conditions Agreement link at the bottom of any page. By viewing or otherwise using this Website, You agree You are 18 or older and agree to the The Live Well Studio privacy policy and to the terms of service in this Agreement.

Modifications of Agreement.

Jennifer Diaz reserves the right to make changes to our Website, this Agreement, or the policies incorporated herein by reference, with or without notice, at our sole discretion. Therefore, it is recommended that You regularly visit this page and familiarize Yourself with the latest version of this Agreement. Your continued use of our Website will signify Your acceptance of any revised terms. Unless otherwise stated, all amended terms shall be effective upon posting to our Website. Furthermore, we may modify, suspend, and/or discontinue part or all of the Services at any time. We make no promises or guarantees regarding the continuation of any Services provided by this Website.

Registration/Your Account.

You may browse the Website for free and without registering. However, You must register on the Website (“Registration”) to use our Services. During Registration You will be asked to provide information such as Your name, address, telephone number and email address. You will also be asked to create an account consisting of a User ID and password (“Account”) to identify Yourself in future visits to the Website in addition to accepting the terms of this Agreement. It is YOUR responsibility to maintain the confidentiality of Your User ID and password and You agree to accept responsibility for all activities that occur under Your Account. You agree to notify us immediately at our customer support email address at hello@jenniferdiaz.com of any breach of security or unauthorized use of Your Account. You may not transfer, assign or sell Your Account to any third party. All of the information that You provide during Registration is collected according to the terms of our Privacy Policy available at hello@jenniferdiaz.com. PLEASE NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO US. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, JENNIFER DIAZ RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE SITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.

Services.

The Services offered by the Website allow Users to select from and to purchase the following:

Workout Guides. Users may purchase six-week partner workout guides to help Users improve health and reach their fitness goals. Users will receive a physical copy of the book and/or an Ebook following payment.

Meal Plans. Users may purchase a four-week meal plan to help Users learn how to eat healthily and to reach their wellness goals. Users will receive a physical copy of the book and/or an Ebook following payment.

Membership Program. Users may purchase and participate in Our Membership Program which is hosted through Kartra. The Membership Program assists Users with reaching their fitness and wellness goals and includes workouts, meal guides, mindfulness exercises, goal setting strategies, etc. All content will be delivered through email, online through the membership section of our Website, manuals, self-study program materials, videos, etc.

Online Course. Users may purchase and participate Our Online Course which is hosted through Kartra. The Online Course assists Users with reaching their fitness and wellness goals and includes: four virtual group meetings with a live trainer, access to a private Facebook group, private slack channels, workouts, meal guides, mindfulness exercises, goal setting strategies, etc. All content will be delivered through email, online through the membership section of our Website, manuals, self-study program materials, videos, etc.

Payment and Credit Cards.

All purchases of Services will be though Stripe and PayPal or directly through a User’s Account and will require a valid credit card. You represent and warrant to Jennifer Diaz that You are the valid holder of the credit card used to purchase Services, and if You are not the account holder of the credit card, You have all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that Jennifer Diaz believes that You are not authorized to incur charges on the credit card, Jennifer Diaz may immediately suspend Your order. All purchases are non-refundable and non-transferable.

Electronic Communications.

By registering an Account, You agree that Jennifer Diaz may send e-mails to You and You consent to receive e-mail or other electronic communications from Jennifer Diaz.

Trademarks and Copyrights.

The trademarks, service marks and logos on the Website and all content, meal plans, recipes, workout plans, material, information, images, text, designs, graphics and software on the Website, are owned by or licensed to Jennifer Diaz, subject to trademark law, copyright law and/or other intellectual property laws. You may access, copy, download and print the material contained on the Website for Your personal and non-commercial use, provided You do not modify or delete any copyright, trademark or other proprietary notice that appears on the material You access, copy, download or print. Any other use of the content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to Jennifer Diaz, is expressly prohibited.

User Provided Content.

If You have registered for an Account and You participate in the Membership Program, you will be able to participate in group discussions and to submit images and other content to the Website (“User Provided Content”). Jennifer Diaz does not claim ownership in any User Provided Content, but by providing such User Provided Content, You hereby grant to Jennifer Diaz an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such User Provided Content in any and all media (now known or later developed) throughout the world. Jennifer Diaz may modify or adapt User Provided Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to User Provided Content as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You further agree that no compensation will be paid with respect to You for the User Provided Content that You post to the Website. All User Provided Content will be public and viewable so You should only post content to the Website that You are comfortable sharing with others under the terms of this Agreement.

Rights in User Provided Content.

By submitting User Provided Content, You hereby represent and warrant that: (a) You have all necessary right, power, and authority to grant the license granted under this Agreement in the User Provided Content; and (b) Your User Provided Content does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.

Publication of User Provided Content.

Publication or use of any User Provided Content is at the sole discretion of Jennifer Diaz and Jennifer Diaz is under no obligation to publish or use any User Provided Content. If Your User Provided Content is published, used and/or posted on the Website or otherwise used by Jennifer Diaz, we may include Your name, likeness, photo or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering User Provided Content, You hereby grant Jennifer Diaz the right to use Your name in connection with the publication, use or posting of Your User Provided Content.

Removal of User Provided Content.

Jennifer Diaz reserves the right to remove or delete User Provided Content for any reason whatsoever in its sole discretion with or without notice to You.

Third Party Content.

The Website contains content provided by users and third parties, and Jennifer Diaz does not control such content. Therefore, You agree that: (a) Jennifer Diaz is not responsible for any such content, including advertising and information about third party recipes, products, services, and other information provided by users; (b) Jennifer Diaz makes no guarantees about the accuracy, currency, suitability, or quality of the information in such content; and (c) Jennifer Diaz assumes no responsibility whatsoever for unintended, objectionable, inaccurate, misleading, or unlawful content made available on the Website by users.

Third Party Links.

This Website may be linked to other websites that are not Jennifer Diaz websites (collectively, “Third-Party Websites”). Certain areas of the Website may allow You to interact with such Third-Party Websites and, in certain situations, You may be transferred to a Third-Party Website through a link but it may appear that You are still on the Website. In any case, You acknowledge and agree that the Third-Party Websites may have different privacy policies, terms and conditions, and business practices than Jennifer Diaz, and You further acknowledge and agree that Your use of such Third-Party Websites is governed by the respective Third-Party Website privacy policy and terms and conditions. You hereby agree to comply with any and all terms and conditions, user’s guides, and privacy policies of any of Third-Party Websites. Jennifer Diaz is providing links to the Third Party Websites to You as a convenience, and Jennifer Diaz does not verify, make any representations, or take responsibility for such Third-Party Websites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT Jennifer Diaz WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED TO such dealing, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the WEBsite to any product, service, publication, institution, organization of any THIRD-PARTY entity or individual does not constitute or imply Jennifer Diaz’s endorsement or recommendation.

User Conduct.

This Website might include discussion forums or other interactive areas, including, but not limited to, bulletin boards, and information storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material You upload or transmit to the discussion forums or interactive areas of this Website. You agree not to use the Website to do any of the following:

Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable (“Prohibited Material”);

Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

Without Jennifer Diaz’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters or solicit other users to join social networks, groups, or platforms;

Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;

Harm minors in any way; or

Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Violation of this Agreement.

Any use of the Website or Services in violation of this Agreement may result in, among other consequences, termination or suspension of Your Account and rights to use the Services. Jennifer Diaz may disclose information about Your use of the Services in accordance with Jennifer Diaz’s Privacy Policy. Jennifer Diaz has the right (but not the obligation) to review any content and delete (or modify) any Content that in Jennifer Diaz’s sole discretion violates this Agreement or which is Prohibited Material, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for Jennifer Diaz or any user. Jennifer Diaz reserves the right (but has no obligation) to investigate and take appropriate legal action in Jennifer Diaz’s sole discretion against You if You violate this provision or any other provision of this Agreement, including without limitation, removing content from the Services or modifying it, terminating Your Account, reporting You to law enforcement authorities, and taking legal action against You. You are solely responsible for creating backup copies of and replacing any content You post on the Services at Your sole cost and expense.

No Disruption.

You will not: (i) cover or obscure any banner advertisements on the Services via HTML/CSS, scripting, or any other means; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or functionality of the Services.

Intellectual Property Infringement.

Jennifer Diaz respects the intellectual property rights of others, and Jennifer Diaz asks users to do the same. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on the Website, please provide Jennifer Diaz designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if there are multiple works, a single notification providing a representative list of such works at that Website.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit Jennifer Diaz to locate the material.

Information reasonably sufficient to permit Jennifer Diaz to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.

A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Jennifer Diaz agent for notice of claims of copyright or trademark infringement on this Website can be reached as follows:

Email: hello@jenniferdiaz.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. JENNIFER DIAZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JENNIFER DIAZ MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND JENNIFER DIAZ MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to You.

Limitation of Liability.

YOU AGREE THAT THIS WEBSITE, JENNIFER DIAZ, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY: YOUR USE OF OR INABILITY TO USE THE SERVICES; YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION FOUND ON THIS WEBSITE; OR THE SAFETY OR SECURITY OF THE SERVICES, EVEN IF THE JENNIFER DIAZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE.

Medical Advice.

Jennifer Diaz provides information and instruction relating to wellness topics, such as mindset, diet, exercise, and fitness health related products and services available through this site. The information provided through this site is instructional only and should not be substituted for qualified medical advice. We strongly encourage you to seek the guidance of a medical professional before starting any new diet or exercise routine.

Indemnification.

You agree to indemnify and hold harmless this Website, Jennifer Diaz, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.

Governing Law and Venue.

Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Davidson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Jennifer Diaz. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.

Attorneys’ Fees.

In the event that Jennifer Diaz must bring legal action in order to enforce this Agreement or You bring legal action against The Live Well Studio, and if The Live Well Studio prevails, You shall pay The Live Well Studio’s costs of litigation, including reasonable attorneys’ fees and court costs.

Assignment.

These terms of this Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Jennifer Diaz without restriction.

Force Majeure.

Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.