DISCLAIMER
The website www.trainerlexy.com (“Website”) is owned and operated by Alexa Clark (hereinafter “we” “us” “our”). By entering and using this website, you (hereinafter “you” “visitor” “your”) acknowledge that you have read and agree, understand and accept the terms set out in this Disclaimer. Should you choose not to agree to this disclaimer, you are directed to immediately cease use of this website, blog, e-emails, videos, social media, programs, products or service (collectively “Materials”). Continuing to use this website acknowledges that you are bound by the terms set forth in this Disclaimer.
TERMS OF USE
By accessing this Website you acknowledge that you are at least 18 years of age and have the required mental capacity to enter into and abide by the terms of this Disclaimer. Use of this Website by anyone under 18 is strictly prohibited by us.
By accessing this Website you are agreeing to the terms of this Disclaimer as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with this Disclaimer, please cease visiting our Website and do not use our Programs, Classes, Products and Services.
This Disclaimer is subject to changes and/or updates, and we are not bound to provide notice of such changes or updates. We reserve the right to make changes or updates at any time and hereby informs all Visitors that the burden is on the Visitor to check the Disclaimer for updates from time to time. By continuing to use Website and the content we produce, you agree to be bound by the most updated version of the Disclaimer, whether or not you have read it.
This site and Materials offered are not associated, affiliated, endorsed or sponsored by Facebook, Instagram, Pinterest, or any other website, unless specifically stated herein.
VOLUNTARY PARTICIPATION
Visitor acknowledges that participation in our Products, Classes, Programs, Services and Program Materials and visiting our Website is done voluntarily and that you alone are 100% solely and personally responsible for your participation in our Website, Products, Classes Programs, Services and Program Materials and for any outcomes or results that result therefrom (whether positive or negative). You acknowledge that you have or will use your own due diligence and judgement before implementing any knowledge or information you received from our Website, Products, Classes, Programs, Services or Program Materials. Company is not responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any financial harm, physical injuries or any negative ramifications. Visitor acknowledges that the information contained on this Website is intended as general information only and you agree that any decisions you make to implement or follow anything you find on Website are wholly your own.
PURPOSE
The purpose of this Website, Materials, Products, Classes, Programs, Services and Program Materials is for educational and informational purposes only. Company is not acting in a role as a doctor, attorney, accountant, therapist, counselor, dietician or other professional. By visiting Website, you agree and understand that this content is made available to you as a self-help tool only. Nothing on this website or distributed via email is intended to take the place of a consultation with a physician, dietician, nutritionist, counselor, medical professional of any kind, lawyer, doctor, accountant, psychic, or other professional.
The information provided in or through our Website, Programs, Products, Classes and Services is not intended to be a substitute for professional medical advice, legal or financial advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counsellor, or social worker), or member of the clergy, by your own attorney, accountant, and/or financial advisor. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Website, Programs, Classes or Services pertaining to your specific financial and/or legal situation.
Success from the use of our Website, Products, Classes, Programs, Services or Program Materials depends primarily on your own effort, motivation, commitment and follow-through. Company cannot and does not guarantee that you will attain a particular business result or income increase or level, and you accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors. Results may vary, and will be based on many variables, so therefore no guarantees can be made. There can be no assurance as to any particular financial outcome based on the use of our Website, Programs, Products, Classes or Services. You agree that we are not responsible for the success or failure of your business decisions, 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 information presented to you through our Website, Classes, Programs, Products and Services. You are solely responsible for your results.
ASSUMPTION OF RISK
From time to time, individual risks and circumstances can arise from use of Company’s Website, Products, Programs, Classes, Services or Program Materials that are not foreseen and can influence or reduce results. Company is not responsible for personal choices, actions or consequences as a result of use of our Website, Products, Programs, Classes, Services or Program Materials, which were taken or occurred before, during or after use of our Website, Products, Classes, Programs, Services or Program Materials. You understand that any mention of, suggestion of, or recommendation of products or services through my Website, Products, Programs, Classes, Services or Program Materials is to be taken at your own risk, with no liability on the part of the Company, recognizing that there is a rare chance that financial loss, illness, injury or even death could result. You shall accept full responsibility for the consequences for your use, or non-use, of any information provided by Company through any means whatsoever. Your use or non-use is at your own risk and you absolve Company of any liability or loss that you, your business, family, children, team members, employees, affiliates, or any other persons, may incur from your or their use, or non-use, of the information provided.
As a Visitor, you agree that using our Website, Products, Classes, Programs, Services and Program Materials are done at your own risk and acknowledge that information contained therein are for informational and educational purposes only. You assume all risks. Company makes no guarantees related to improvements or decline in physical and/or mental health, interpersonal relationship, emotional wellbeing income, success, increased revenue, projected sales and career in any way related to the use of this Website, Products, Classes, Programs, Services and Program Materials. Our Website, Products, Classes, Programs, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Products, Classes, Programs, Services and Program Materials.
We take every precaution to protect our Website however, we cannot completely ensure or warrant the security of this site. Company makes no assurances about the ability to prevent any loss or damage to you, or any other person, company or entity arising out of the use of our Website and you agree and acknowledge to assume the risk in using this site.
TECHNOLOGY DISCLAIMER
Company makes no warranty or guarantee as to the delivery, accuracy, timeliness, performance, completeness, suitability of the information, uninterrupted access, error-free of our Website or any other materials provided by us to you. Every effort has been made to present to you with the most accurate, up-to-date information in our Website. However, because the nature of this information is constantly evolving, we cannot be held responsible for the accuracy of our content. You acknowledge that the content and such information may contain inaccuracies or errors and Company is not liable for any such inaccuracies or errors to the fullest extent permitted by the law.
Company cannot guarantee access to our Website. You acknowledge that access might be suspected or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. You acknowledge that, to the fullest extent permitted by law, Company is not liable for damages or refunds, or for any other recourse, should our Website be unavailable, access might be slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays in accessibility to our Website.
You understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.
INDEMNIFICATION
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products, Classes, Programs, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us. Should we be required to defend ourselves in any action directly or indirectly involving you, or an action where we decide your participation or assistance would benefit our defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by us, free of charge. We shall not be liable for any content posted to our Website by a third party and, as a Visitor, you agree to release us of any and all claims arising therefrom. we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on our Website, or from products or services purchased therefrom. You also understand and agree that we are not liable for any damages incurring as a result of your reliance or use of information on our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and all claims stemming from, or perceived to stem from, reliance on information contained on our Website.
WARRANTIES
Company makes no warranties, express or implied, and hereby refuses any such warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, you agree and understand that use of content and information found herein is to be taken “as is” and used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Classes, Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website, Classes, Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Website, Classes, Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.
By participating in using our website and/or adding yourself to our email list you voluntarily, and are solely and personally responsible for your actions, choices, and any results therein. Your use of this Website constitutes an agreement and acceptance that you will absolve Company as well anyone acting as an agent, employee, personnel consultant, affiliate, guest blogger, joint venture partner, employee, staff, team member, or anyone affiliated with Us in any way of any liability for any loss, damage, injury, or litigation that you or any other person may incur from direct or indirect use of the information, content, or products found on our Website or via materials requested through email.
You understand and agree that Company is not liable for any type of direct or indirect damages arising out of your use of our Website, any information contained herein, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you or your business, including revenues, clients, business, goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Classes, Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
This Disclaimer requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Website, Products, Classes, Programs, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
TESTIMONIALS
Our Website may, from time to time, feature testimonials, real world experiences, and insights about other people’s experiences in our Website, Products, Classes, Programs, Services or Program Materials. The testimonials, information contained therein, including but not limited to photographs, quotes, names and usernames are from actual clients, sharing their real, personal and honest opinions concerning their results, my character or experiences in the use of our Products, Classes, Programs, Services or Program Materials and are not to be constituted as a guarantee that current or future clients will experience the same results or experiences. Each testimonial is a unique story, and any and all results reported in these testimonials are the culmination of numerous variables.
AFFILIATES
Company may choose to promote, partner with, become an affiliate of or otherwise engage in a joint venture with another individual or company whose programs, classes, products and services align with that of the Company. Visitor understands that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation in the form of affiliate fees and/or rewards or other payment as a result. Please note we will only feature or promote coaches, businesses, or products that we whole heartedly agree with and believe in, and genuinely believe will help our audience.
You are required to use your own judgement with respect to determining whether any promotion of another product is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. You agree and understand we have no liability and you will hold us harmless should this occur.
ENDORSEMENTS
References or links in our Website to other coaches, information, events, services, programs, products, opinions, blogs, emails or companies is merely meant as sharing information and shall not be construed as an endorsement or suggestion that you should purchase or use whatever is shared. Should my Website link or any of my Programs, Classes, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website in any way. We are not responsible for any information, content, emails, products, classes, programs, or services of any other person, business, or entity that may be referenced on our Website.
CONTACT
Your use of www.trainerlexy.com constitutes a full acceptance of the terms of this Disclaimer. Should you have any questions, please contact [email protected].
