TERMS OF SERVICE
Welcome to Living Without Limits with Karina Seda LLC (d/b/a "Living Without Limits with Karina Seda, LLC.," "We," "Us," "Our" and also the "Company"). These Terms of Service ("Terms") govern your use of our Website and health and wellness non-clinical coaching services ("Services"). By signing up or using our Services, you agree to these Terms. We hereby provide the following terms and conditions for all online visitors and users. Please read these Terms of Service, which collectively with Our Privacy Policy located at https://privacypolicy.lwlwks.com/privacypolicyen ("Privacy Policy") incorporate together to supplement each other and must be read and approved fully and carefully before using Our website located at lwlwks.com (the "Website") and our Services, You, as the User ("you", "your", User") agree to abide by these Terms of Service and the Privacy Policy. These Terms of Service set forth the legally binding terms and conditions for your use of the Website and Services.
This Website and any of its related Services and links do not constitute mandatory obligations of Users to purchase any products or to utilize any Services. All such conduct, decisions, and purchases and sales of Services on/or through the Website are at the sole discretion, intent, consent of the User(s). By providing a forum for such transactions on this Website, it does not constitute a representation or warranty by Us in any way as to the value, condition, privacy, or other aspect of results related to any Services offered and provided hereunder, whether or not such information is material or not to any sale transaction.
Furthermore, in addition, when visiting or using Our Website, you shall be subject to any posted agreements, disclosure forms, policies, guidelines, rules, terms, and conditions that are posted on the Website from time-to-time. All such agreements, disclosure forms, policies, guidelines, rules, or terms and conditions may be amended by Us from time to time in our sole discretion, are hereby incorporated by reference into these Terms of Service. It is your responsibility as the User to review these Terms of Service periodically, and if you do not have authority to agree or accept these Terms of Service, or if at any time you find these Terms of Services unacceptable, you may not use the Website and Services, and you must immediately leave and cease all use of the Website and Services.
Acceptance of Terms of Service
BINDING TERMS. BY REGISTERING FOR AND/OR USING THE WEBSITE AND SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE WEBSITE AND/OR ITS APPLICATIONS, REGISTERING TO RECEIVE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES OR OTHERWISE PROVIDED TO YOU BY US IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO. ADDITIONALLY, THESE TERMS OF SERVICE ADOPT AND INCORPORATE BY REFERENCE AND SUPPLEMENT THE PRIVACY POLICY (AS LINKED ABOVE), AND ANY AGREEMENTS ENTERED INTO WITH US FROM TIME-TO-TIME. ANY USER OF THIS WEBSITE, REGARDLESS OF PURPOSE, WILL ALSO BE SUBJECT TO AND GOVERNED BY THESE TERMS OF SERVICE.
Applicability.
These Terms of Service apply to all users of the Website and Services. This Website may contain links to third party sites. Access to any other Internet site linked to this Website is at the User's own risk. We are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites, which includes but is not limited to any disclosures made or safety measures in place with privacy and data protection. We are merely providing You as the User, a limited revocable license to use this Website and provide this Website and any third-party links merely as a convenience and the inclusion of such links do not imply an endorsement of the same by Us.
Eligibility
Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of eighteen (18), you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service and execute any requisite liability waiver and release agreements as a condition to our obligations that may be presented to You.
Minors
Persons under the age of 18 ("Minors") are not authorized third parties to use the Website and Services, including but not limited to creating or using the Website and establishing any user account ("User Account"). You cannot allow persons under the age of 18 to use your User Account or the Services. Anyone in violation of accessing or granting access to a User Account, or using the Website and Services that is under the age of 18 can face expulsion from the Website and Services and termination of all agreements and engagements with Us without return or refund of any fees paid in advance to Us.
Non-U.S. Users. The Website and Services are controlled and offered by Us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
Permitted Uses; Act Accordingly. You understand and agree that you need to exercise good judgment and common sense; conduct yourself on this Website with all necessary, appropriate, and prudent action. By using this Website and the Services, you agree to be subject to all applicable local, state, local, provincial, territorial, federal, and international laws. You agree not to use the Website and Services or any of the contents contained herein for any illegal purpose nor to transmit to or through the Website and Services any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or otherwise objectionable, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the Website and Services (including any such conduct related to our offerings on or in connection with the Website and Services.
Except as expressly provided in these Terms of Service, no part of the Website and Services and no content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including mirroring, to any other personal device, computer, server, web site or other medium for publication or distribution or for any commercial enterprise without Our express prior written consent. You may use information about our Services that are publicly and purposely made available by Us for downloading from the Website, provided that you: (i) do not remove any proprietary notice language in all copies of such documents; (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information.
Intake; Registration; and Establishing a User Account
Intake. Upon accessing the Website, Users face a few options on the front homepage that the User can click on. One of the options is a call-to-action button that will take Users to the "Introductory call" booking page. From the booking page, Users can select a date and time that is convenient to them to book their coaching sessions as an aspect of the Services. After the date and time has been selected, Users are directed to an intake form that they fill out with contact information as well as answering a few questions about themselves to apprise and prepare coaches for the Services and meetings. At the bottom of that form, they must click on check boxes (including parents and guardians submitting for and on behalf of minors) to give consent to be contacted for all present and future communications. Once the checkboxes are checked, Users can select "Schedule meeting" which will redirect them to the appointment confirmation page, as well as trigger automations to send them email and text message reminders about the appointment and future communications. At the bottom of the Website is a direct booking page that is exactly as described above.
Additionally, Users considering registering for Services will be directed to complete intake forms of information disclosures related to the Services.
Users accessing the Website can also access funnel and presentation pages that the User views to get more information on or about Living Without Limits With Karina Seda. Once the video is finished or during the video, the page is programmed to display the 'call-to-action button' that will redirect them to a similar appointment booking page, which can change depending on the goal of the funnel/presentation, and that is developed with the same premise and flow as stated above for accessing bookings.
User Account. To utilize certain Services, you can be required to register for an account (i.e., a User Account) for additional navigation through the Website and to gain access to the Services. The platform "Go High Level" and its systems is the portal system utilized by Us that hosts functions for content (similar to a private social media page) for our Users that register and/or subscribe to the Website's content. User Accounts are created in the members area once a User becomes a paying client with Us; members area is located in the Go High Level Platform. Information can be displayed through the platform, such as signed documents, agreements for the User, learning portal access, and courses. You must provide accurate and complete information and keep your User Account information updated and active to avoid its deletion. You shall not select or use as a username a name (i) of another person with the intent to impersonate that person; (ii) subject to any rights of a person other than you without appropriate authorization; or (iii) that is otherwise offensive, vulgar, or obscene (- all to the extent applicable to the registration requirements then in effect at that time of registration). You are solely responsible for the activity that occurs on your User Account and for keeping your access usernames and passwords (as applicable) secure. You may never use another person's user account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, any breach of security, or any unauthorized use of your User Account. You should never publish, distribute or post login information for your User Account. You shall have the ability to delete your User Account either directly or through a request made to us. All additional protections associated with establishing an User Account are set forth in Our Privacy Policy, which is located on the Website, and hyperlinked herein.
Viruses, Hacking, and other Offenses
You must not misuse the Website and Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or harmful to technology. You must not attempt to gain unauthorized access to the Website and Services, the server on which the Website and Services are stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. We will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and Services will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or downloading any material posted on the Website or any third-party website linked to the Website.
Availability of Site. We do not guarantee that any content will be made available through the Website. We reserve the right, but not the obligation, to (i) remove, edit, or modify any content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms of Service), or for no reason at all, and (ii) remove or block any User or any content from the Website. We reserve the right to change these Terms of Service from time to time. Notifications of any changes to these Terms of Service can occur by updating them on this Website and We may apply information as timely as possible setting forth the date on which the update was made directly on the Website. NEXTKOURT encourages you to retain a copy of these Terms of Service and periodically to check this Website for updates. Your use of this Website indicates your acceptance of the latest version of these Terms of Service. No waiver of any provision in these Terms of Service shall be effective unless made in writing signed by Us and shall not prevent any subsequent enforcement of these Terms of Service.
We make no guarantee of the availability of the Website and Services, including for such circumstances that include but may not be limited to downtime, service repair, the availability of any feature, service, or content, or amend other Website components at any time without notice and without liability to Us. We may also impose limits on certain features or restrict access to any one or more components or parts of the Website and Services, without prior notice or any liability whatsoever. From time to time, we may in our sole discretion, modify the Website and Services indicated by a new version number and revision date located on this Website. The version number can include a major number, a decimal point, and a minor number, or be as simple as a date referencing the last update. Examples of significant changes include but are not limited to additional provisions that reflect new Website functionality, significant modifications to existing provisions, changes in Our protocols, changes in applicable laws or regulations, and more significant changes to Website functionality that cause provisions to be modified, added, or removed. Examples of less significant changes include but are not limited to additional provisions that clarify current Website functionality, minor modifications to existing provisions, and less significant changes to Website functionality that cause provisions to be modified, added, or removed. Your use of this Website indicates your acceptance of the latest version of these Terms of Service. No waiver of any provision in these Terms of Service shall be effective unless made in writing signed by Us and shall not prevent any subsequent enforcement of these Terms of Service.
Coaching Services
The nature of our Services, include but may not be limited to (which may include or be expanded and refined by contractual agreement individually between You and Us)s follows:
-health and life coaching services provide:
-Educational information and support
-Guidance for health and wellness goals
-Accountability and motivation
-Strategies for personal development
Our coaching services are NOT and do NOT include:
-Medical treatment or diagnosis
-Psychological counseling or therapy
-A substitute for professional medical care
*Always consult healthcare providers for medical concerns.
Your Responsibilities
By using Our Services, You agree to:
In addition to the other responsibilities stated within these Terms of Service, You agree to provide accurate, current information, maintain confidentiality of account credentials, participate honestly in coaching sessions, respect intellectual property rights, and follow professional communication standards.
Payments and Refunds
All payments made to Us are subject to the PCI-DSS and related terms governing payments to Us that are set forth in the Privacy Policy located here: https://privacypolicy.lwlwks.com/privacypolicyen.
All payments are due upon booking or as agreed otherwise in the User Agreement You enter into with Us.
We accept major credit cards and bank transfers.
All prices are in the currency of the United States ($USD) unless otherwise stated to the contrary by mutual agreement in the User Agreement You enter into with Us.
Cancellation Policy
All cancellation rights are set forth in the User Agreement You enter into with Us; however, if silent, the following rules apply:
24-hour notice in writing is required from You to be sent to us for session rescheduling.
No-shows forfeit the respective session(s) without refund and no other credit is applied to another session.
Content and Trademarks. All text, graphics, user interfaces, visual interfaces, videos, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Website (collectively, "Content") is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. Such Content is the lawful ownership of Us. You may not reproduce or distribute materials without Our written permission. No Content and Trademarks can be used, shared, or otherwise with any third party for any purposes without Our written permission.
Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of Us and its affiliates, and other trademarks, trade names and service marks used or displayed on the Website are the registered and unregistered trademarks, trade names and service marks of their respective owners (collectively, "Trademarks"). Nothing in these Terms of Service or otherwise provided on the Website grants or should be construed as granting, by implication, estoppel or otherwise, any ownership, license, or right to use any of the Trademarks without Our express prior written consent or such owner. Neither of Our names nor any of the Trademarks may be used in any way, including but not limited to any advertising or publicity regarding distribution of materials on the Website, without Our prior written consent. Without limiting the generality of the foregoing, We prohibit the use of its name or any Trademarks as a link to any website unless such link is approved in advance by Us in writing. The names, logos, product and service names, designs, slogans, and other Trademarks associated with the Website and Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Website and Services are the trademarks of their respective owners. The names, logos, product and service names, designs, slogans, and other trademarks associated with the Website and Services are ours and those of our licensors. You must not use any of the foregoing without our prior written permission. All other names, logos, product and service names, designs, slogans, and other trademarks used in connection with the Website and Services are the trademarks of their respective owners.
Fraud Protection.
You must protect your use of the Services you contract with Us for and the platforms you use. You must protect your information and accounts from unauthorized and fraudulent uses, and safeguard your personal information, pass codes, usernames, and the like. You must immediately notify Us if any fraudulent use of your account by emailing Us at:[email protected]
Privacy and Confidentiality
We maintain strict confidentiality and do not disclose any documents and coaching conversations unless otherwise agreed upon in our contractual agreements with each other and/or as required under applicable laws. Please see our Privacy Policy for additional data protection and handling practices.
Disclosure and Disclaimers
We offer lifestyle coaching services for health and wellness. Our Services are a client-centered process that may include education, goal setting, accountability, lifestyle planning, habit development, progress monitoring, and discussion of general health-promoting behaviors. Health and wellness coaching is a collaborative, educational, and behavior-focused service intended to support clients in establishing and maintaining healthy mental and physical lifestyle habits. Services are designed to assist clients with personal wellness goals and are not intended to diagnose, treat, cure, or prevent disease or any mental health condition.
All Services are provided by non-medical personnel and are not licensed mental health professionals. Your lifestyle coach may provide general health and wellness education and resources, but all coaching recommendations are intended to support healthy behaviors and are not a substitute for individualized medical care. Health and wellness coaching does not replace regular medical care. You are required to maintain an appropriate relationship with your primary-care provider and other healthcare professionals and to obtain medical advice when appropriate. You are responsible for informing your healthcare provider about participation in wellness coaching when appropriate. As a part of the Services, Your coach may encourage You to consult an appropriate healthcare professional when a concern falls outside the coach's scope of practice. The coach does not make decisions regarding the client's medical treatment, and You cannot to rely on coaching services as a substitute for professional medical evaluation or treatment.
Results Disclaimer
INDIVIDUAL RESULTS VARY. WE CANNOT GUARANTEE SPECIFIC OUTCOMES. SUCCESS DEPENDS ON YOUR COMMITMENT, PARTICIPATION, AND INDIVIDUAL CIRCUMSTANCES. NO ASPECT OF HEALTH AND WELLNESS COACHING CANNOT GUARANTEE SPECIFIC RESULTS. POTENTIAL OUTCOMES MAY VARY BASED ON NUMEROUS FACTORS, INCLUDING BUT NOT LIMITED TO INDIVIDUAL CIRCUMSTANCES, CONSISTENCY, HEALTH STATUS, ENVIRONMENT, LIFESTYLE, GENETICS, ACCESS TO RESOURCES, AND OTHER FACTORS OUTSIDE THE COACH'S CONTROL. NO REPRESENTATION OR PROMISE IS MADE THAT COACHING WILL RESULT IN WEIGHT LOSS, IMPROVED LABORATORY VALUES, IMPROVED MENTAL ACCUITIES OR BEHAVIOR, PREVENTION OF DISEASE, IMPROVED PHYSICAL PERFORMANCE, OR ANY OTHER PARTICULAR HEALTH OUTCOME.
Warranties
WARRANTIES
No Responsibility. You acknowledge that we do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Site is or will continue to be accurate, safe, or legal. All Content and information is subject to errors, omissions, changes in price, and changes in technology and market conditions. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description of information on this Website. All information should be confirmed by you. We do not assume and is not liable for any conduct occurring during the performance of the direction in which You take after receiving Services, especially if there is any deviation from directions provided by a wellness coach.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES AVAILABLE ARE AT YOUR SOLE RISK. THE SITE AND SERVICES AVAILABLE THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND INFORMATION CONTAINED ON THE SITE AND THE SERVICE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, US, OUR OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SITE AND SERVICES AVAILABLE WILL MEET YOUR REQUIREMENTS OR SPECIFICATIONS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY SERVICE, PROJECT, OR INFORMATION YOU RECEIVE FROM A THIRD-PARTY PROFESSIONAL OR OTHER PREFERRED VENDOR FROM THE PERIODICAL WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT, PERFORMED TO YOUR STANDARDS, OR TIMELY, (IV) THE QUALITY OF THE SITE, ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO A USER'S OWN CONTRACT WITH AN INDEPENDENT A THIRD-PARTY PROFESSIONAL OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF CONTENT, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
8. Indemnification and Releases; Termination
Indemnification. You shall defend, indemnify, and hold harmless Us, our parent(s), subsidiaries, affiliates, and each of its and their respective employees, contractors, directors, officers, suppliers, agents, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Site, Services, property, listings, Contributions, or otherwise; (ii) violation of these Terms of Service; (iii) breach of any contract, or other agreement you enter into; (iv) your interactions or transactions with any other User; or (vi) infringement by you, or any third party using your account or identity in connection with this Site and Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Further Releases. In addition to any liability waiver and releases (as applicable) You enter into with NEXTKOURT, You hereby release us from all liability for you having acquired or not acquired through the Site or Services. You hereby release NEXTKOURT, and its parent(s), subsidiaries, affiliates, directors, officers, employees, agents, subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages, bodily injuries, injuries to personal property of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Website or Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law.
Termination. We may terminate your access to all or any part of the Website or Services at any time, with or without cause, with or without notice, and effective immediately, which may result in the forfeiture and destruction of all information associated with any account or membership you established with Us. If you wish to terminate your Account, you may do so by following the instructions on the Website and/or by contacting the support team at [email protected]. All provisions of these Terms of Service which by their nature survive termination shall survive termination, including, without limitation, licenses of any content a User provides, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration. Further, you agree that upon termination We may delete all files and information related to your account (if any established) and may bar your access to your account (if any) and the Website and Services. Your continued use of any of the Website and Services shall constitute your acceptance of the revised Terms of Service. If you do not agree to any of such changes, you may terminate the Terms of Service here by immediately ceasing all access and use of the Website and Services. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to these Terms of Service. For the avoidance of any doubt, all payments are non-refundable once they are made to Us.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS ARISING OUT OF OR RELATED TO THE WEBSITE, SERVICES, OR OTHER WEB SITE(S) YOU MAY ACCESS THROUGH THE USE OF THE SERVICES (IF ANY), CONTENT, UNTIMELY DELIVERY OF SERVICES (INCLUDING BUT NOT LIMITED TO THE SITE, PERIODICAL, AND SERVICES), LATE DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES; (III) ANY COST OR FEES TO A USER RESULTING FROM ANY ERROR OR INADEQUACY OF ANY A THIRD-PARTY PROFESSIONAL OR OTHER PREFERRED VENDOR INVOLVED IN DELIVERY OF THE SERVICES PURCHASED OR OBTAINED THEREFROM, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF INFORMATION AND/OR CONTENT; (V) STATEMENTS, CONDUCT OF ANY THIRD PARTY FOR THE SERVICES, OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER; (VI) DEFECTS IN THE WESBITE AND/OR SERVICES DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR SERVICE SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) DEATH, OR INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICES; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND SERVICES; (X) AN INDEPENDENT PROFESSIONAL'S PRODUCTS OR SERVICE; AND (XI) YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTKOURT SHALL NOT BE LIABLE FOR (i) ANY CONTRIBUTED USER CONTENT, OR (ii) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (iii) ANY CONDUCT OF ANY USER ON THE WEBSITE, AND/OR (XII) ANY CLAIM ANY THIRD-PARTY PROFESSIONAL OR OTHER PREFERRED VENDOR MAY HAVE AGAINST A USER BY VIRTUE OF USE AND ACCESS TO THE WEBSITE AND SERVICES- ALL WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ALSO AGREE THAT WE AND OUR OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES OR OTHER SERVICE(S) YOU ACCESS THROUGH THE SITE; (C) CONTENT; (D) NON-DELIVERY, MIS-DELIVERY, UNTIMELY DELIVERY OF SERVICES WITH USERS; (D) CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA; (E) EVENTS BEYOND COMPANY'S REASONABLE CONTROL; (F) THIRD-PARTY CLAIMS OR ACTIONS; OR (F) ANY CONTRIBUTORY ACTS BY YOU THAT RESULT IN ANY DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL OUR LIABILITY, OR THAT OF OUR OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, IF ANY, TO YOU OR TO ANY THIRD PARTY EXCEED FIFTY DOLLARS ($50.00). YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM US, OUR OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE TERMS OF SERVICE OR TERMINATION OF YOUR ACCESS TO THE WEBSITE, SERVICES, OR ANY CONTRACTUAL AGREEMENTS YOU HAVE WITH US, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THESE TERMS HAVE MATERIALLY INDUCED US TO ENTER INTO THESE TERMS OF SERVICE WITH THE USER. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, ANY OTHER LIABILITY DECLARATION IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTKOURT, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR ANY CONDUCT THAT OCCURS THROUGH THE WEBSITE AND SERVICES WHERE THE USER USES THE WEBSITE AND SERVICES TO COORDINATE ACTIVITIES WITH ANY THIRD PARTY THAT IS UNAFFILIATED WITH US (REGARDLESS OF THE CONNECTION), ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Dispute Resolution
ARBITRATION CLAUSE AND CLASS ACTION WAIVER - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION AGREEMENT
By agreeing to these Terms of Service, you agree that you are required to resolve any claim that you may have against US on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. You and Us are each waiving your right to a trial by jury. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against Us, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against Us by someone else. Thus, We and You agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against Us in a single proceeding. For the avoidance of doubt, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against Us, other than participating in a class-wide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
(a) Agreement to Binding Arbitration Between You and Us.
(1) Covered Disputes: We and You agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms of Service and prior versions of these Terms of Service, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Website and Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Website and Services, regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms of Service, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with Us, will be settled by binding individual arbitration between you and Us, and not in a court of law. This Arbitration Agreement survives after your relationship with Us ends.
(2) Class Action Waiver:
(a) Any and all disputes, claims, or controversies between Us and You as User shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent You or Us from participating in a class wide, collective, and/or representative settlement of claims.
(b) The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Us in a single proceeding, except that this Class Action Waiver shall not prevent you or Us from participating in a class wide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by You or Us. For the avoidance of doubt, this Class Action Waiver includes the waiver of Mass Actions. The parties agree that the definition of a "Mass Action" includes, but is not limited to, instances in which You or Us are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on Your behalf or Ours, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or Us from participating in a mass settlement of claims.
b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider's rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider's roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties' arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) We and You (the User) shall equally split (50-50) and pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators' resolution of the parties' dispute, including if the arbitrator or panel of arbitrators determines that you have violated the Class Action or Mass Action Waiver.
(c) Process.
(i) Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Us that you intend to initiate an informal dispute resolution conference, write to Us to the attention of: Karina Seda, by email to [email protected] providing your name, the telephone number(s) associated with your account and Services (if any), the email address(es), and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(ii) Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against Us must send the written demand for arbitration to Us at: Karina Seda, by email to [email protected], or serve the Demand on Our registered agent for service of process, c/o Living Without Limits With Karina Seda LLC (the name and current contact information for the registered agent in each state are available online with Florida's Department of State). Additionally, a party initiating arbitration against Us must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to: [email protected].
By signing the demand for arbitration, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party's violation of this requirement.
(d) Location.
Unless you and Us otherwise agree, if you reside in the United States, the arbitration will be conducted in Hillsborough County, Florida. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider's rules. Subject to the applicable arbitration provider's rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
(e) Offers of Judgment.
At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs from the time of the offer.
(f) Arbitrator's Decision.
The Arbitrator will render an award within the time frame specified in the applicable arbitration provider's rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties.
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator's decision shall be binding only upon the parties to the arbitration that are the subject of the decision.
The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.
(g) Fees.
Each party is responsible to pay any filing, administrative, and arbitrator fees of such party as will be solely as set forth in the applicable arbitration provider's rules and shall be up to the amount you would be required to pay if you filed a claim in court.
(h) Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms of Service; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Conduct and Communication; SMS/Text Messaging Terms
Communication outside scheduled coaching sessions may be limited to administrative matters, scheduling, general follow-up, or other communications specifically agreed upon by the coach and client. Unless expressly stated otherwise, communications with the coach are not monitored continuously and should not be used for urgent or emergency medical concerns.
You understand that the coach utilized in delivering the Services may not immediately respond to messages, but will respond within reasonable and appropriate times. Communication and timely action is required by You when requested by the coach; otherwise, it can lead to termination of the Services and any agreements you have with Us in the coach's sole discretion.
SMS Text Messaging
By entering into any agreements with Us, You electronically agree to accept and receive communications from Us, third-party providers (such as coaches, third party vendors like Calendly application for scheduling meetings or demonstrations of the Website), or third parties providing services as independent contractors, by methods including but not limited to via email, text message, WhatsApp, calls, in-app communications (i.e. Zoom, Microsoft Teams), and push notifications to the telephone number(s) or email addresses you provide to Us. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Us, and/or third-party providers, including but not limited to communications concerning requests placed through the Services. Message and data rates may apply. You can learn more about how We may contact you and use data by reading our Privacy Policy at https://privacypolicy.lwlwks.com/privacypolicyen.
If you do not wish to receive promotional emails, text messages, or other communications from US, you may change your notification on your communication devices. Standard message and data rates apply To opt out of receiving text messages from Us, you must reply "STOP" from the mobile device receiving the messages, and "HELP" for assistance. For purposes of clarity, text messages between you and third-party providers and contractors are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on any account established with Us, We may contact you using any of the contact information you provided in connection with your Services (including via text or voice-recorded message - as applicable).
General Provisions
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of any such relationship you established with Us. If any provision(s) of these Terms of Service including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, in the United States of America, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of Hillsborough County, Florida for the purposes of these Terms of Service. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
User Disputes. We reserve the right, without any obligation, to intervene in or monitor disputes between any Site Users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you. Although We may moderate content or disputes in our discretion, We have no authority to legally bind third parties or force them to resolve complaints or disputes. Any efforts or statements made by Us to intervene in or moderate disputes is superseded by this provision, which may not be modified, waived, or released except by a written agreement, dated and signed by Our President, and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
Export Control. By using the Services, you represent and warrant that (i) neither you nor any information or content proposed by you or inputted into the Site, if any, is located in a country that is subject to a U.S. Government embargo, U.S. export control and economic sanctions laws and regulations, which prohibit U.S. companies and their affiliates, like Us from engaging in certain transactions with persons from designated countries or that has been designated by the U.S. Government as a "terrorist supporting" country, which may include but is not limited to, Iran, Cuba, North Korea, Sudan and Syria. and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you engaged in any use of the Services, Website, a transaction with Us, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List; or (c) into any country or to any person or entity on any similar lists maintained in any applicable jurisdiction.
Feedback. Your feedback, comments and suggestions for improvements to the Services and our business generally ("Feedback") are welcome. You may submit Feedback by emailing [email protected]. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else. You will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.
Modification. We reserve the right, in its sole discretion, to modify or replace any of these Terms of Service (including, without limitation, Our Privacy Policy, for the avoidance of doubt), or change, suspend, limit, or discontinue the Website or Services (including, without limitation, the availability of any feature, database, or content) at any time. If such modification is material, We will post a notice on the Website or send you notice through the Services, via e-mail, or by another appropriate means of electronic communication. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
Government Users. All software, if any, licensed pursuant to these Terms of Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to these Terms of Service.
Assignment; Waiver. You may not assign these Terms of Service, or any rights granted herein. Any attempt by you to transfer any of the rights, duties or obligations hereunder is void. We may assign or transfer these Terms of Service or its rights or obligations hereunder without notice and without your prior approval. These Terms of Service are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms of Service will inure to the benefit of Us and our successors and assigns. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms of Service will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Legal Equivalency. These Terms of Service and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Contact Information
Questions about these Terms? Contact us:
Email: [email protected]
Phone:1 833-350-4983
Address: Living Without Limits with Karina Seda, LLC
9907 8TH ST., #224
Gotha, FL 34734
By registering with Us on this Website, you acknowledge that you have read, understood, and agree to these Terms of Service.
Last Modified Date: August 2026