Policy – Terms – Disclaimers
TERMS & CONDITIONS
BY VISITING HEALTHPRO365.COM, YOU ARE
CONSENTING TO OUR TERMS AND CONDITIONS.
By using HEALTHPRO365.COM, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to HealthPro365.com and (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of Online Business Training (the “Service”) is subject to change. Company makes no representation or warranty that the information provided is accurate.In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.INTELLECTUAL PROPERTYThe Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. there is no assurance you will do as well. If you rely upon our figures, you must accept the risk of not doing as well.
Where specific income figures are used and attributed to an individual or business, those persons or businesses have earned that amount. There is no assurance you will do as well. If you rely upon our figures; you must accept the risk of not doing as well.
Any and all claims or representations, as to income earnings on this web site, are not to be considered as average earnings.
There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
This website and the items it distributes contain business strategies, marketing methods, and other business advice that, regardless of my own results and experience, may not produce the same results (or any results) for you. HealthPro365.com makes absolutely no guarantee, expressed or implied, that by following the advice or content available from this web site you will make any money or improve current profits, as there are several factors and variables that come into play regarding any given business.
Primarily, results will depend on the nature of the product or business model, the conditions of the marketplace, the experience of the individual, and situations and elements that are beyond your control.
As with any business endeavor, you assume all risk related to investment and money based on your own discretion and at your own potential expense.
By reading this website or the documents it offers, you assume all risks associated with using the advice given, with a full understanding that you, solely, are responsible for anything that may occur as a result of putting this information into action in any way, and regardless of your interpretation of the advice.
You further agree that our company cannot be held responsible in any way for the success or failure of your business as a result of the information provided by our company. It is your responsibility to conduct your own due diligence regarding the safe and successful operation of your business if you intend to apply any of our information in any way to your business operations.
In summary, you understand that we make absolutely no guarantees regarding income as a result of applying this information, as well as the fact that you are solely responsible for the results of any action taken on your part as a result of any given information.
In addition, for all intents and purposes, you agree that our content is to be considered “for entertainment purposes only.” Always seek the advice of a professional when making financial, tax, business or health decisions.
On the Site, we provide information about building an Online Business, using both our trainings and our blog (the “Service”).
INFORMATION WE COLLECT
This Site only collects the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter or comment on our blog. If you opt-in to our e-mail list to review e-mails from us, the option to unsubscribe will be included in every e-mail. All payment information collected is done so using 3rd party services (PayPal and Stripe) and we do not ever see this information.
We do share your information with trusted third parties who provide support in running this website including any blog or newsletter. All parties will keep your information confidential and will never be shared with unrelated third parties.
We may record information relating to your use of the Site in order to help administer the Site and personalize your experience by improving customer service.
Additionally, we may send cookies (not the kind you eat) to your computer in order to identify you and improve our service. At any point, you may decline the cookies in your Internet settings. However, doing so may prevent use of some of the Site.
We do our best to protect your information for any unauthorized access, misuse, or disclosure. However, you acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.
CHILDREN – ONLINE PRIVACY PROTECTION ACT COMPLIANCE
CHANGES TO THIS POLICY
- Service Connects Coaches and Clients
The Coaching Service offered is a communications platform which enables the connection between Clients and Coaches. Clients are individuals and/or businesses seeking to obtain coaching services (“Coaching”) from Coaches and are therefore clients of Coaches, and Coaches are individuals and/or businesses seeking to perform Coaching (“Coaches”) for Clients. Clients and Coaches together are hereinafter referred to as “Users.”
- Coaching Service Only Provides a Venue
The Coaching Service is a platform for enabling connections between Users for the fulfillment of Coaching, but Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Coaching Clients, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Company does not have control over the quality, timing or legality of Coaching delivered by its Coaches. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Coaching requested and provided by Users identified through the Service whether in public, private, or offline interactions.
- User Vetting
Clients and Coaches are not subject to background checks before their use of the Service. The Company cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or any information provided through the Coaching Service.When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COACHING SERVICE AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE COACHING SERVICE.
- Billing and Payment
Users of the Coaching Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Coaching Services provided under the Agreement (other than taxes on the Company’s income).
The Coaching Service is only a venue for connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Coaching, in the event that you have a dispute with one or more Users, you release Company (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.Company expressly disclaims any liability that may arise between Users of its Coaching Service.
- Worker Classification and Withholdings
Each User assumes all liability for proper classification of such User’s workers as independent contractors or employees based on applicable legal guidelines.Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Company does not, in any way, supervise, direct, or control a Coach’s work or Coaching performed in any manner. Company does not set a Coach’s work hours or location of work. Company will not provide any equipment, labor or materials needed for a particular Coaching session.The Coaching Service is not an employment service and Company does not serve as an employer of any User. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services.You agree to indemnify, hold harmless and defend Company from any and all claims that a Coach was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Coach was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Company was an employer or joint employer of a Coach, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
Warranty Disclaimer and Limitation of Liability
- Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate.
- The services, content, website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
In no event shall company or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by you for the services purchased through the website during the six-month period preceding the applicable claim; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond company’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email or our online support interface.
- You understand that FizzleCo, Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with this website, or any other service of this website.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by our website.) of other website customers, we reserve the right to immediately disable your account or throttle your bandwidth until you can reduce your bandwidth consumption.
- Our website does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that this website shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if this website has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of our website to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and this website. and govern your use of the service, superceding any prior agreements between you and our website (including, but not limited to, any prior versions of the Terms of Service).
“DISCLOSURE: Our company may be an affiliate for products or services that are recommended. If you purchase those items through certain links, our company will earn a commission. You will not pay more when buying a product through these valuable links. In fact, some times we are able to negotiate a lower rate (or bonuses) not available elsewhere. Plus, when you order through our link, it helps us to continue to offer you lots of free stuff and free content. Thank you in advance for your support!”