Terms and Conditions

Terms and Conditions

 

Last updated: September 17, 2018

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.ingenuitycoach.com/ website (the "Service") operated by Ingenuity LLC ("us", "we", or "our").

 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

 

Purchases

 

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

Availability, Errors and Inaccuracies

 

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

 

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

Accounts

 

When you create an account with us, you guarantee that you are above the age of 18 and reside in the United States, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use

of your account.

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

Intellectual Property

 

The Service and its original content, features and functionality are and will remain the exclusive property of Ingenuity LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ingenuity LLC.

 

Links To Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by Ingenuity LLC

 

Ingenuity LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that Ingenuity LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without

prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Indemnification

 

You agree to defend, indemnify and hold harmless Ingenuity LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

Limitation Of Liability

 

In no event shall Ingenuity LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement or course of performance.

 

Ingenuity LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

1. For educational and informational purposes only

 

The information provided in or through this service is provided solely as a self-help tool for your own use and is for educational and informational purposes only.

 

2. Not mental health, medical or religious advice

 

Ingenuity LLC is not a medical professional (“Medical Provider”), nor is it a psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), nor is it a licensed nutritionist, registered dietician, or member of the clergy. Ingenuity LLC is not attempting to diagnose, prevent, treat or cure and mental, emotional, or physical issue, condition or disease. The information provided in or through our Services is not intended to be a substitute for the professional medical advice, treatment or diagnosis provided by a Mental Health Provider or Medical Provider. You agree and acknowledge that Ingenuity LLC is not providing mental health advice, medical advice, or religious advice in any way. Always seek the advice of your own Mental Health Provider and/ or Medical Provider regarding any questions or concerns you have about your health or any medications you are taking and before implementing any recommendations or suggestions from our Services. Do not delay seeking medical advice or disregard medical advice because of information you have received from our Services. Do not stop taking any medications without speaking to your Mental Health Provider or Medical Provider. If you suspect that you have a mental health or medical problem, contact your own Mental Health Provider or Medical Provider promptly. The information contained on our Website has not been evaluated by the Food and Drug Administration.

 

3. Not financial or legal advice

 

Ingenuity LLC is not a financial advisor, accountant or an attorney. The information contained in our Services is not intended to be a substitute for financial or legal advice that can be provided by your own financial advisor, accountant, and/or attorney. Ingenuity LLC can not be held responsible for any errors or omissions, and we accept no liability whatsoever for any damage or loss you may incur. Always seek financial and/ or legal counsel relating to your circumstances as needed for any questions and concerns you may have now or in the future. You agree that the information in our Services is not financial or legal advice.

 

4. Personal Responsibility

 

You aim to accurately represent the information provided to us through our Services. You acknowledge that you are participating in using our Services voluntarily and that you are solely and personally responsible for your choices, actions and results now and in the future. You accept full responsibility for the consequences of your use or non-use of any information provided through our Services and you agree to use your own due diligence and judgement before implementing any suggestion, idea, or recommendation from our Services to your life, business or family.

 

5. No guarantees

 

Your success depends primarily on your own effort, motivation, commitment and follow-through and my role is to support and assist you in reaching your own goals. You accept and understand that results differ for each individual and I can cannot predict and do not guarantee that you will attain a particular result. Each individual’s results depend on his/her unique background, desire, dedication, actions, motivation and numerous other factors. You fully agree that there are no guarantees as to the specific results or outcome you can expect from using the information you receive through our Website.

 

6. Earnings Disclaimer

 

You agree that Ingenuity LLC is not responsible for the success or failure of your personal or business decisions, your earnings, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of the information presented to you through our Services. You are solely responsible for your results.

 

7. Assumption of risk

 

There are sometimes unknown individual circumstances and risks that can arise during use of our Services that can not be foreseen and that can reduce or influence results. You understand that any suggestion or recommendation through our Service is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that injury, illness, or death could result, and you agree to assume all risks.

 

8. Limitation of liability

 

By using Ingenuity LLC’s Service, you agree to absolve us of any loss or liability that you or any other person may incur from use of the information, materials or products that you receive or request through our Service. You agree that we will not be liable to you or to any other individual, entity, or company for any type of damages, including indirect, direct, incidental, special, equitable or consequential loss or damages, for use of or reliance on our Service. You agree that we do not assume liability for delays, injuries, accidents, harm loss, death, damage, personal or business interruptions, lost profits, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by us or anyone acting as our agent or anyone otherwise affiliated with our business who is engaged in delivering content through this Website.

 

9. Indemnification and release of claims

 

You hereby indemnify, fully and completely hold harmless and release us and any of our agents or anyone otherwise affiliated with our business from any and all causes of action, suits, allegations, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present, or future that is related to our Services. You hereby release, waive, acquit and forever discharge Ingenuity LLC from every claim, suit action demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by yourself as a result of the advice given by the Coach or otherwise resulting from the relationship contemplated by this agreement.

 

10. No warranties

 

WE MAKE NO WARRANTIES RELATED TO THE OPERATION OR THE PERFORMANCE OF OUR SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MATERIALS, INFORMATION, CONTENT, PRODUCTS, PROGRAMS OR SERVICES INCLUDED THROUGH OUR SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.

 

11. Accuracy of information

 

Although every effort is made to ensure the accuracy of information shared through our Services, the information may inadvertently contain inaccuracies. You agree that we are not responsible for the opinions, views, or accuracy of facts referenced through our Services, or of those of any other individual or company affiliated with our business in any way. Because technology, scientific, and business practices are constantly evolving, you agree that we are not responsible for the accuracy of our Services, or for any errors or omissions that may occur. Ingenuity LLC disclaims any liability or responsibility for the deletion, failure to store, untimely delivery, or mis-delivery of any information or material.

 

12. No endorsement

 

Links or references in our Website or Services to the information, advice, opinions, programs, services or products of any other individual, entity, or business do not constitute our formal endorsement. We are merely sharing information for your own self-help only. We are not responsible for the website content, e-mails, blogs, videos, programs, social media, products and/or services of any other person, entity or business that may be linked or referenced in our Services or Website. Conversely, should our Website link appear in any other business’, individual’s or entity’s website, product, services, or program, it does not constitute our formal endorsement of them, their business or their website either.

 

13. Confidentiality

 

You understand that the Coach with protect your information as confidential. If you report elder abuse, child abuse or neglect or threaten to harm yourself or others, or any similar action that requires Ingenuity LLC’s response, you understand that necessary actions will be taken and your confidentiality agreement limited in this capacity. Furthermore, if the Coach is ordered by a court to testify or provide information, the Coach will do so as the law requires. You understand the use of technology is not always secure and you accept the risks of confidentiality in the use of text, email, phone, Skype and other technology.

 

14. Website availability

 

Ingenuity LLC disclaims any liability or responsibility for the deletion, mis-delivery, failure to store, or untimely delivery of any information or material. You agree and acknowledge that it is impossible to achieve uninterrupted, continuous availability of Ingenuity LLC or any other website. While we endeavor to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this Website is experiencing technical difficulties at any time or for any period or is unavailable. Access to this Website may be suspended temporarily and without notice in the case of system failure, repair or maintenance or for reasons beyond our control.

 

15. Governing law and jurisdiction

 

These terms and conditions shall be governed and construed in accordance with California law. Any dispute arising in connection with these terms and conditions will be resolved exclusively in the courts located in Los Angeles, California. We do not warrant that materials, information, or services for sale in our Services or on the Website are appropriate for use outside of the United States. It is prohibited to access the Website Services from territories where its contents are unlawful or illegal. If you access this Website from locations outside the United States, you are responsible for compliance with local laws and you do so at your own risk.

 

By using our Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact me at info@ingenuitycoach.com.

 

Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer

authorized to use the Service.

 

Contact Us

 

If you have any questions about these Terms, please contact us at info@ingenuitycoach.com.

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