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Terms of Use

Last updated: June 3, 2024

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Welcome to Maxwell Myers, FDN-P Health Coaching and Consulting ("Company", "we", "our", "us"). These Terms of Service ("Terms") govern your use of our website [yourwebsite.com] (the "Site"), services, and applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

  • 1. Acceptance of Terms

    • By using the website, you acknowledge that you have read, understood, and agree to be bound by these terms of service.

    • By using our Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Services. Additional policies incorporated by reference include our Privacy Policy and Earnings Disclaimer, which can be found in the Website footer.

  • 2. User Account Responsibilities

    • Account Creation: Users may be required to create an account to access certain features of the website.

    • Account Maintenance: Users are responsible for maintaining the confidentiality of their account information and password.

    • Account Security: Users must notify us immediately of any unauthorized use of their account or any other breach of security.

  • 3. Changes to Terms

    • We may modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

  • 4. Privacy Policy

    • Our Privacy Policy [link to Privacy Policy] explains how we collect, use, and disclose information about you. By using our Services, you agree to our Privacy Policy.

  • 5. Use of Services

    • a. Eligibility
      You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are of legal age to form a binding contract with the Company.

    • b. Account Registration

      You may need to register for an account to access some of our Services. You must provide accurate, complete, and current information during the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

  • 6. Prohibited Activities

    • You agree not to engage in any of the following prohibited activities:

    • Violating any applicable laws or regulations.

    • Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

    • Infringing on any third party's intellectual property rights.

    • Engaging in abusive, threatening, or harassing behavior on the website.

    • Using our Services for any illegal or unauthorized purpose.

    • Interfering with or disrupting the integrity or performance of our Services.

    • Attempting to gain unauthorized access to our Services or their related systems or networks.

  • 7. Intellectual Property

    • All content and materials available on our Services, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of [Your Company Name] and are protected by applicable copyright and trademark law. Any unauthorized use of such content and materials is prohibited.

    • All content on the website, including text, graphics, logos, images, and software, is the property of the company or its content suppliers and is protected by intellectual property laws.

    • The company’s trademarks may not be used in connection with any product or service that is not the company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the company.

  • 8. Limitation of Liability

    • To the fullest extent permitted by applicable law, [Your Company Name] will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

  • 9. Governing Law

    • These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

  • 10. Dispute Resolution

    • Any disputes arising out of or related to these Terms and our Services will be resolved through binding arbitration in accordance with the rules of [Arbitration Association], and you agree to submit to the personal jurisdiction of the courts located in [Your City/State/Country] for the purpose of litigating any such disputes.

  • 11. Termination

    • We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

  • 12. Digital Millennium Copyright Act (DMCA)

    • If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Notifications of claimed copyright infringement should be sent to:


      [Your Company Name]
      [Your Address]
      [Your Email Address]

      To be effective, the notification must be in writing and contain the information as required by the DMCA, including:

    • 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 work claimed to have been infringed.

    • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material.

    • Information reasonably sufficient to permit the service provider to contact the complaining party.

    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

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

  • 13. User Contributions

    • The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms.

      Any User Contribution you post to the Website will be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

  • 14. Prohibited Uses (Continued)

    • You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

    • In any way that violates any applicable federal, state, local, or international law or regulation.

    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

    • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.

    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

    • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

      Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.

    • Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

    • Use any device, software, or routine that interferes with the proper working of the Website.

    • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

    • Otherwise attempt to interfere with the proper working of the Website.

  • 15. Content Standards

    • These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

    • Be likely to deceive any person.

    • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

    • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

    • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

    • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

  • 16. Monitoring and Enforcement; Termination

    • We have the right to:

    • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

    • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

    • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.


      To the extent you are involved in a membership program on the Website, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or Company terminates your membership in the Website.

      Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

      We cannot and do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  • 17. Reliance on Information Posted

    • The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.


      This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  • 18. Changes to the Website

    • We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  • 19. Information About You and Your Visits to the Website (Continued)

    • All information we collect on this Website is subject to our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  • 20. Terms of Sale

    • a. Order Acceptance and Cancellation

      • You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.

    • b. Prices and Payment Terms

      • All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.


        We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

        Terms of payment are within our sole discretion, and payment must be received by us before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.

    • c. Sale of Goods

      • The Website may from time to time offer the sale of tangible products ("goods") to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    • d. Refund Policy

      • Unless a refund policy is posted on the Website at the time of your purchase, the sale of all products, services, or tickets to an event are final and non-refundable. However, to the extent a refund policy is posted on the Website at the time of your purchase, we will accept a refund pursuant to such refund policy. To request a refund, you must email us at [Your Email Address]. Your refund will be credited back to the same payment method used to make the original purchase on the Website.

    • e. Sale of Subscription/Membership Services

      • The Website may from time to time offer optional subscription services (or subscription membership programs) for specific users ("Subscription Services"). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be canceled in writing (by email to [Your Email Address]) at least thirty (30) days prior to your next recurring payment to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable unless expressly stated otherwise on the Website.


        If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services.

        You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge; otherwise, such dispute is waived by you and such charge will be final and not subject to challenge.

  • 21. Warranty and Disclaimers Relating to Purchases

    • OUR COMPANY MAKES NO GUARANTEE THAT IT WILL ACCOMPLISH ANY PARTICULAR RESULT FOR YOU OR YOUR BUSINESS, AND THE COMPANY WILL NOT GUARANTEE THE DELIVERY OR PERFORMANCE OF ANY DELIVERABLES OR SERVICES EXCEPT AS IS EXPRESSLY AGREED UPON IN WRITING. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.


      WITHOUT LIMITING THE FOREGOING, YOU MAY FROM TIME TO TIME VIEW INSTRUCTIONAL MATERIALS AND VIDEOS THROUGH THE WEBSITE. YOU UNDERSTAND THAT EVERY PERSON’S SITUATION IS DIFFERENT, AND THAT THE COMPANY AND ITS REPRESENTATIVES ARE NOT ABLE TO DETERMINE WHETHER ITS INSTRUCTIONAL MATERIALS ARE APPROPRIATE FOR YOU. NEITHER THE COMPANY NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN ANY CERTAIN SITUATION. THE WEBSITE VIDEOS AND MATERIALS ARE PROVIDED FOR LEARNING PURPOSES, BUT ANY PERSON ATTEMPTING TO UTILIZE SUCH INFORMATION AND PROGRAMS MUST RELY UPON HIS/HER OWN JUDGMENT IN DETERMINING WHETHER, HOW, AND IN WHAT SITUATIONS TO UTILIZE THE INFORMATION AND PROGRAMS ON THE WEBSITE. BECAUSE EVERY PERSON IS UNIQUE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY (AND THE PRESENTER OF ANY INFORMATION ON THE WEBSITE) THAT RELATE IN ANY WAY TO THE INSTRUCTIONAL MATERIALS, VIDEOS, AND OTHER PROGRAMS AND INFORMATION PRESENTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, OR MISREPRESENTATION.

      YOU FURTHER AGREE TO THE TERMS OF OUR EARNINGS DISCLAIMER WITH RESPECT TO YOUR PURCHASES ON THE WEBSITE.

      We do not manufacture or control any third-party products or third-party services offered on our Website. The availability of third-party products or services through our Website does not indicate an affiliation with or endorsement of any product, service, manufacturer, or service provider or business.

      Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website.

  • 22. Limitation on Liability

    • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUR PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

  • 23. Linking to the Website and Social Media Features

    • You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.


      The Website may provide certain social media features that enable you to:

    • Link from your own or certain third-party websites to certain content on the Website.

    • Send emails or other communications with certain content, or links to certain content, on the Website.

    • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.


      You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

      Subject to the foregoing, you must not:

    • Establish a link from any website that is not owned by you.

    • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site.

    • Link to any part of the Website other than the homepage.

    • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.


      You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

  • 24. Links from the Website

    • If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  • 25. Geographic Restrictions

    • The owners of the Website are based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  • 26. Disclaimer of Warranties

    • You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


      YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

      WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT ACTING AS A FINANCIAL OR LEGAL ADVISOR AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING THE WEBSITE OR FROM PARTICIPATING IN THE COMPANY’S MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. PLEASE SEE OUR COMPLETE EARNINGS DISCLAIMER, ACCESSIBLE IN THE FOOTER OF OUR WEBSITE, FOR ADDITIONAL DETAILS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

  • 27. Limitation on Liability

    • IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

  • 28. Indemnification

    • You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, along with their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns, from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to your violation of these Terms & Conditions or your use of the Website. This includes, but is not limited to, your User Contributions, any use of the Website’s content, services, and products beyond what is expressly authorized in these Terms & Conditions, or any use of information obtained from the Website.

  • 29. Governing Law and Jurisdiction

    • All matters related to the Website and these Terms & Conditions, as well as any disputes or claims arising from them (including non-contractual disputes or claims), will be governed by the internal laws of the State of Washington, without regard to any choice or conflict of law provisions or rules.

    • Any legal action initiated by you and related to these Terms & Conditions or the Website must be filed exclusively in the state or federal district courts located in Thurston County, Washington. However, we retain the right to bring any action against you for breaching these Terms & Conditions in Thurston County, Washington, your county of residence (if within the United States), or any permissible venue (if outside the United States). You waive any objections to the exercise of jurisdiction over you by these courts and to venue in these courts.

  • 30. Arbitration

    • At our sole discretion, we may require you to submit any disputes arising from these Terms & Conditions or the Website, including disputes about their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Washington law.

  • 31. Waiver and Severability

    • No waiver by the Company of any term or condition in these Terms & Conditions will be considered a further or continuing waiver of that term or condition or a waiver of any other term or condition. The Company’s failure to assert a right or provision under these Terms & Conditions does not constitute a waiver of such right or provision.


      If any provision of these Terms & Conditions is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms & Conditions will continue in full force and effect.

  • 32. Entire Agreement

    • These Terms & Conditions, along with any other documents specifically incorporated herein, constitute the entire agreement between you and the Company regarding the Website. They supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, related to the Website. Neither you nor the Company are relying on any representation not included herein or in the other documents specifically incorporated.

  • 33. Contacting Us

    • If you need to contact us, please email us at [email].

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Also see Privacy Policy and Disclaimer. 

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