TERMS & CONDITIONS AGREEMENT

Welcome!

 

Rachel E Stewart LLC welcomes you. We invite you to access and use our website under these Terms and Conditions. 

 

By accessing or using our Site, you hereby agree to be bound by the Terms and Conditions incorporated herein and to our Disclaimers and Privacy Policy. If you do not expressly agree to all of the Terms and Conditions, then please do not access or use our site. 

 

Last update: July 13, 2020. 

 

The material appearing on this website www.rachelestewart.com (hereinafter: the “Site”), is provided as either information about www.rachelestewart.com self-promotion, blog and/or services. The owner of this Site, Rachel E Stewart LLC (herein: The Company), and its directors, agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site. 

 

To access or use our Website, you must be 18 years or older and have the requisite mental capacity to enter into these Terms & Conditions. By using this Site you represent that you are at least 18 years old and agree to be bound by these Terms and Conditions. 

 

  1. ACCEPTANCE OF TERMS: The following Terms and Conditions Agreement (hereinafter: “TOC”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with the Company, our Site (www.rachelestewart.com), and our subsidiaries and affiliates. Your access to and use of this Site signifies your acceptance and agreement of the Terms and Conditions. 

 

  1. LANGUAGE: The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice: “Client”, “You” and “Your” refers to you, the person using this website. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers Rachel E Stewart LLC, “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization, and or he/she/they, are taken as interchangeable and therefore referring to the same. 

 

  1. FOR INFORMATIONAL PURPOSES ONLY: Any and all information by or on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. This includes all digital content, including but not exhaustive of, email, blog, podcasts, events, any and all social media (inclusive of: Facebook and Instagram), third party apps such as Trainerize, webinars and other content whether or not they are available for purchase, as resources or education and information only.  All content mentioned does not constitute professional advice and is not guaranteed to be accurate, complete, reliable, current or error-free. By using this Site, you accept and agree that following any information or recommendations provided therein and all channels of digital content is at your own risk.

 

  1. COPYRIGHT: All materials created by the Company on the Site are protected by copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to the Company 

 

  1. LICENSE OF INTELLECTUAL PROPERTY: Unless otherwise stated, the Company and/or its licensors own the property rights for all material on Site, and in any Digital Products sold or downloaded through the site, as well on accompanying Social Media Platforms, inclusive of but not exhaustive of, Instagram, Facebook (private pages and groups), TikTok, YouTube, LinkedIn and Pinterest as well as third party apps such as Trainerize. All intellectual property rights are reserved. If we have materials on the Site that you can download, permission is granted to download copies of the materials for personal, non-commercial transitory viewing only. 

 

This is the grant of a license, not a transfer of title. Under this license access the Site for personal use, but you may not: 

(i) Modify, copy, republish, reproduce, or redistribute the materials; 

(ii) Use the materials for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial); 

(iii) Transfer the materials to another person or ‘mirror’ the materials on any other server. 

 

If such behaviour is discovered or suspected, this license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. The Company reserves the right to immediately revoke your access to our Site, as well as any programs or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating your viewing of these materials or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

 

The Company further reserves the right to request that you remove all links or any particular link to our Site. You accept to immediately remove all links upon request. 

 

Any requests for written permission to use any content posted on this Site shall be made before you wish to use any such content and may be made by sending an email with your written request to: [email protected]. 

 

  1. LIMITED LICENSE TO YOU FOR USE OF PRODUCTS OR DOWNLOADS:  The Use understands that in purchasing any Program on this Site, or downloading and accessing any material on this Site, that the User is gaining access to view all content and information available as part of the material provided for by the Site, as well as any additional information or content shared with them by the Company. The User understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by the Company. As a “Licensee,” the User understands and agrees that the User will not: (i) Copy, edit, distribute, duplicate or steal any information or any Content obtained through any Program on this Site, or downloaded without written permission by the Company; (ii) Post, distribute, copy, steal or otherwise use any portion of the Program on this Site, or downloaded, or its content without written permission by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against the User; (iii) Share purchased materials, information, content with others who have not purchased them; and (iv) the User further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and Canadian law.

 

Any requests for written permission to use any content posted on this Site shall be made before you wish to use any such content and may be made by sending an email with your written request to: [email protected]. 

 

  1. LINK TO THIRD PARTY WEBSITES: This Site may contain links to third party websites and/or resources, which are not maintained by or related to us. All such linked sites, materials and pages are not under the control of the Company and the Company is not responsible for the content contained in any linked websites nor for any losses or damages you may incur as a result of the use of any such website. You acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available to or from these linked websites. You understand that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third party websites. The intended purposes of the links provided are to improve your use of the Site, to enable you to connect with the Company on various platforms, and to help the Company offer their services and conduct transactions. 

 

  1. SOCIAL MEDIA GUIDELINES: The Terms and Conditions of this Site extend to the use of Social Media Platforms, inclusive of but exhaustive of, Instagram, Facebook (private pages and groups), TikTok, YouTube, LinkedIn and Pinterest and any and all reviews or comments regarding your use of the Services, Program or Information on Site. The Company requests you follow and adhere to the following guidelines:

(1) The Company reserves the right to remove, block and/or delete any comments that may be construed as bullying, name-calling, foul language, or contrary to the Sites intended conversation of positivity, education and encouragement. 

 

(2) By using any and all Social Media platforms, you verify that all information submitted is accurate and factual. Negative comments and/or complaints posted by you may be construed as claims about the Company and may be subject to legal claims.  

 

(3) You further agree to privately contact the Company with any concerns or suggestions prior to, and in replace of, posting publicly. 

 

  1. FEEDBACK, COMMENTS AND TESTIMONIALS: With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Services and/or Product-related forums, calls, or otherwise, for the purpose of marketing or promoting the Company, services and/or products. You understand that any comments posted on this Site or on our Social Media Channels reflect the views and opinions of the person who post their views and opinions and not of the Company. The Company reserves the right to comment, delete and or edit any comments posts on this Site or on our Social Media Channels. 

 

  1. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED: You understand that any information you provide or share with us directly or indirectly, by use of this Site will not be treated as confidential or privileged. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company. 

 

  1. PURCHASE POLICY: If you purchase a Program, Product or Service from us, you will also enter one or more separate agreements with the Company and will be subject to the terms outlined in the Terms and Conditions and any accompanying agreements (that may include a Terms of Purchase or Private Client Agreement). You agree to be bound by all agreements and abide by the contents therein. All private coaching packages require a signature of an additional Agreement outlining the terms and guidelines. All Digital Products or Products sold on or through this Site will be subject to the Terms and Conditions and Terms of Purchase. 

 

  1. REFUNDS: There will be no refunds of any kind for any and all digital products offered by the Company, sold on or through the Site. All sales of this type are full and final. By purchasing any and all digital products on this Site, the Client accepts without dispute the following terms of the Refund Policy and waives any and all claims in connection with the refund policies herein. 

 

  1. RESULTS NOT GUARANTEED: The Company may share the successful results of the Coaching Program and or Services offered, its users, or customers on the services or products. These examples are not to be interpreted as a promise or a guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site, and or use of the Services and Products offered herein, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing on the Site, or in the use of the Services and Products offered herein, is a promise, warranty or guarantee to you of such results. 

 

  1. TESTIMONIALS: The Site and extended Social Media Platforms may feature the testimonials from previous Clients and/ or Customers of our products, packages and services.  These are intended to provide readers with comments, feedback and information from other’s experiences with our products, packages and services. All testimonials are from actual clients, sharing their real, honest opinions and results from use of the Site, products, packages and services. These testimonials are not to be considered as a guarantee for all Users to expect the same or similar results. Nor do these testimonials guarantee any level of results. The User accepts that by viewing the selected testimonials that the User does not expect the same results, and accepts that results will vary on a case by case basis. 

 

  1. MODIFICATIONS AND CHANGES: The Company reserves the right, at our sole discretion, to modify, replace or revise these Terms and Conditions for this Site at any time and without notice. What constitutes a material change will be determined at our sole discretion.  By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop accessing our Site. The Company further reserves the rights to modify, suspend or discontinue, whether temporarily or permanently, the services (or any part thereof) or products, for any reason without notice. 

 

  1. DISCLAIMER: To the fullest extent permitted by applicable law, all information, products, packages or services provided through this Site are provided “as is” and “as available”, without warranty or conditions of any kind. We cannot guarantee and do not promise any specific results from use of the Site and any products or services promoted and sold therein. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms and Conditions. 

 

The User accepts that use of this Site will be at their sole risk. To the fullest extent permitted by law, the Company, and it’s advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers, and contractors disclaim all warranties, expressed or implied, in connection with your use of the Site, programs, packages or services. 

 

Further, to the fullest extent permitted by applicable law, the Company makes no warranties or representations about the accuracy, reliability, timeliness or completeness of the Site’s content, the content on any Site linked, or information or any other items or materials on the Site or linked to by the Site. 


Further, you understand and acknowledge that the Company is not a doctor, lawyer, therapist, psychic, accountant, nurse, counsellor or any other medical professional. Nothing on this Site, or in its programs, packages or Services, is intended to take the place of a consultation with any professional or as professional advice. 

 

  1. LIMITATION OF LIABILITY: In no event shall the Company or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) modification, interruption, suspension or discontinuance arising out of the use or inability to view or use the materials or content on Site, even if the Company has been notified orally or in writing of the possibility of such damage. 

 

The Company shall not be held responsible for any content that appears on your Website. You agree to protect and defend the Company against all claims that may be interpreted as: libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. 

 

Your decision to visit our website, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Site. You agree to hold the Company harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Site or distributed through email, and agree you will not make any claims against us the Company herein. 

 

  1. INDEMNITY: As a condition of your use of the Site, you hereby release the Company and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees) and damages arising out of claims resulting or arising from your use of this Site. 

 

  1. RELEASE OF CLAIMS: The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our digital products or content found therein, and the User hereby releases the Company from any and all claims whether known now or discovered in the future. 

 

  1. SEVERABILITY: If any provision of the Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of the Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

 

  1. GOVERNING LAW: Any claim relating to the Company Site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. 

 

  1. ENTIRE AGREEMENT: These terms and conditions and any other legal notices, policies and guidelines of the Company linked to these terms and conditions or contained on this Site constitute the entire Agreement between you and the Company relating to your use of this Site and supersede any prior understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by the Company. 

 

  1. Contact: If you have any questions about these Terms, please contact us at: [email protected].