Terms and Conditions
(Updated; May 3, 2009)
GENERAL STATEMENT
The Aspire 2 Wellness web site and its affiliates ("Aspire 2 Wellness", "Coastal Wellness Coaching","we" or "us") have created and maintain this website for your improved well-being, information, education and communication. Aspire 2 Wellness provide their services to you subject to the following Terms and Conditions. By visiting the Aspire 2 Wellness website, using any current or future services or accepting any information form Aspire 2 Wellness, now or in the future, you do so under these Terms and Conditions. We reserve the right to change the terms and conditions from time to time at our sole discretion without notice. Such changes will be effective immediately upon posting to the website and the date of such changes will be posted at the top of this page . Please read them carefully and periodically check back to assure you have the most current updated edition of these Terms and Conditions.
In addition, when you visit or purchase from any business affiliated with Aspire 2 Wellness, whether or not included in the Aspire 2 Wellness web site or referred by Aspire 2 Wellness, you also will be subject to the guidelines and Terms and Conditions applicable to such service or business. If those conditions are inconsistent with the Terms and Conditions outlined here, they do not supersede or modify the Terms or Conditions outlined here in this document.
PRIVACY
Please review our Privacy Policy , which also governs your visit to Aspire 2 Wellness, to understand our how we collect and use information and protect the privacy of your personal information .
ELECTRONIC COMMUNICATIONS
When you visit the Aspire 2 Wellness web site or any websites affiliated with Aspire 2 Wellness, subscribe to any of our services, or send e-mails to us, you are communicating with us electronically. When communicating with us electronically, you are also consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Aspire 2 Wellness web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By subscribing to Aspire 2 Wellness you consent to receive electronic communication from us including our newsletter “Coast Lines”, updates about our services recommendations on various services and programs from Aspire 2 Wellness and other sources we identify as resources. You will be able to un-subscribe anytime from such communications.
COPYRIGHT
All content included on the Aspire 2 Wellness web site or generated by Aspire 2 Wellness, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, questionnaires, surveys, assessments, program names such as, but not limited to “You Look Weight Too Good” and software, is the property of Aspire 2 Wellness or its content suppliers and protected by United States, and international copyright laws. The compilation in part or whole of the content on this site is the exclusive property of Aspire 2 Wellness and protected by United States, and international copyright laws. All software used on this site is the property of Aspire 2 Wellness or its software suppliers and protected by United States, and international copyright laws. All electronic books listed on this site remain the property of their respective legal owners and their listing here does not give our subscribers or anyone having access to the Aspire 2 Wellness site or affiliate sites, consent to sell, distribute or alter them.
The materials contained in this website may not be reproduced in any form, or by any means, without the express written permission of Aspire 2 Wellness, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Aspire 2 Wellness. Aspire 2 Wellness neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Aspire 2 Wellness. Images of people or places displayed on the website are either the property of, or used with permission, by Aspire 2 Wellness. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Unless otherwise indicated, all material on this site are considered are protected as noted by © 2008 Aspire 2 Wellness.
TRADEMARKS
The trademarks, copyrights, logos, and service marks (collectively the "Trademarks") displayed on the website are registered and unregistered Trademarks of Aspire 2 Wellness and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, wavering, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Aspire 2 Wellness or the appropriate third party. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. Aspire 2 Wellness will enforce its intellectual property rights in accordance with applicable law.
PRODUCTS, SERVICES AND SOFTWARE
A description or reference to a product, service or publication on this website (including any description or reference via hyperlink on this site or from another site) does not imply endorsement by Aspire 2 Wellness of that product, service or publication. Products offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product. Downloaded software, files, newsletter articles, forms or documents from this website does not give you title to such data or content within, including any files, data and images incorporated in or associated with the downloaded software, files, newsletter articles, forms or documents. Your use of any such data shall be only in accordance with the license agreement that is included with the software or presented upon download of such software or data. Software, files, newsletter articles, forms or documents available on this website are copyrighted by Aspire 2 Wellness or its owner. Software, files, newsletter articles, forms or documents may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, recompile, disassemble, or otherwise promote software, files, newsletter articles, forms or documents and you may not reverse engineer any software.
PRODUCT AND SERVICE AVAILABILITY
The information provided on this website is published throughout the world. Aspire 2 Wellness manages this website from its facilities in North America. Unless otherwise stated, materials and content on this website are presented for the international marketplace. However, information published on this website may contain references to products, programs and services that are not practical for or available in all regions, or countries. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
THIRD PARTY SITES
We may add links to third party sites. Aspire 2 Wellness does not filter, censor, edit or regulate information and content provided by third parties on or referred by this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content or cookies, files or viruses originating from these third party sites.
Because such linked sites are not under the control of Aspire 2 Wellness, we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such third party sites. Access to any other Internet site linked to this website is at your own risk. Aspire 2 Wellness has not reviewed all of the sites linked to the website. Aspire 2 Wellness provides these links merely as a convenience and the inclusion of such links does not imply an endorsement by Aspire 2 Wellness of such third party sites or any goods or services offered by such third parties or their affiliates.
DISCLAIMER
Use of the website is at the risk of the user. Although we take necessary precautions to maintain the integrity of our site; Aspire 2 Wellness makes no representations or warranties that this website is free, or be corrected, of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or the Aspire 2 Wellness computer systems or server provider. You have the sole responsibility for adequate protection and backup of your data and/or equipment used in connection with this website. You agree to hold Aspire 2 Wellness and any other party involved in creating, producing, or delivering the website harmless from, any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if Aspire 2 Wellness, or it’s suppliers have been advised of the possibility of such damages, and you give you covenant not to take any legal action or remedies or place any claims for and losses, delays or expenses resulting from use this website. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Aspire 2 Wellness does not in any way guarantee the quality, data content, artistic worth, or legality of information, content, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website. Aspire 2 Wellness assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property resulting from your access to, use of, or browsing in this website or any website referenced in this website, or your downloading of any materials, data, text, images, video, or audio from the website, or any website referenced in this website.
YOUR ACCOUNT
If you subscribe to Aspire 2 Wellness, such subscription is to be requested using your legal e-mail address. You are responsible for maintaining control over anyone using your e-mail to request services from Aspire 2 Wellness and you agree to accept responsibility for all activities that occur under your account or password. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a subscription to out site. Aspire 2 Wellness reserves the right (but not the obligation) to remove any subscription deemed not to be authentic.
YOUR REFERRALS
If you refer anyone for any of our services or to receive a subscription, you are required to supply us with accurate information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a referral. Aspire 2 Wellness reserves the right (but not the obligation) to remove any subscription deemed not to be authentic.
UNAUTHORIZED ACCESS
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may forward, comments, ideas, suggestions, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
If such comments, disclosures, suggestions, questions, creative ideas, or other information are forwarded to Aspire 2 Wellness, and unless we indicate otherwise, you grant Aspire 2 Wellness and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. If you send such Communications, you are providing it on a non-confidential basis, and we will have no obligation to keep such information confidential, to refrain from utilizing such information, or to compensate you for the acceptance or use of such Communications. You grant Aspire 2 Wellness and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you forward to Aspire 2 Wellness; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Aspire 2 Wellness or its affiliates for all claims resulting from content you supply. Aspire 2 Wellness takes no responsibility and assumes no liability for any content forwarded by you or any third party.
COPYRIGHT COMPLAINTS
Aspire 2 Wellness and its affiliates respect the intellectual property of others. If you believe that your work has been copied, submitted to us by another source, illegally altered or infringed on in a way that constitutes copyright infringement, please email Coastal Wellness Immediately at legal@coastalwellnesscoaching.com
MEDICAL PROFESSIONAL ADVISE
We do not provide responses to personal medical concerns, nor can we supply related medical advise nor do we supply medical related information other than what may be available in our reference materials. For specific, personalized medical advice we encourage you to contact your physician or related healthcare provider. Wellness Coaching is not therapy and advise provided during coaching sessions, complementary coaching or through electronic communication is not intended to replace the recommendations and instructions of medical professionals under whose care you may be receiving, nor replace evidence based care treatments.
APPLICABLE LAW
By visiting Aspire 2 Wellness, you agree that these Terms and Conditions shall be governed by and construed in accordance the all applicable laws of the state of Arizona, USA without regard to principles of conflict of laws, and will govern these Conditions of Use and any dispute of any sort that might arise between you and Aspire 2 Wellness or its affiliates.
You irrevocably consent to the exclusive jurisdiction of the courts located in Arizona, USA in connection with any action arising out of or related to these terms of use or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience in any such action.
In the event of any violation of these terms and conditions, we and our affiliates reserve the right to seek all remedies available by law and in equity for such violations. Aspire 2 Wellness reserves all legal rights and remedies available to it and these terms and conditions shall in no way be deemed a limitation or waiver of any other rights Aspire 2 Wellness may have.
SERVERABILITY
Specific areas or pages of this website may include additional or different language or terms relating to the use of this website. In the event of a conflict between such language or terms, the terms in areas or web pages and these Terms and Conditions, these Terms and Conditions shall take priority. If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
ENTIRE UNDERSTANDING
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. All rights reserved.
By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. All rights reserved.
Please read our Privacy Policy.
