Terms and Conditions of Use

 

Thank you for visiting our website. This website is operating by Core Achievement, LLC (“Core”). Core offers information, consultation, and coaching services on the topics of nutrition, fitness, and wellness (the “Services”). The Services include services offered through Core’s website located at https://www.coreachievement.net/ or Services provided by Core through YouTube or similar platforms, and any third party through whom you have accessed or received access to the Services or any documents, information, videos, or other materials related to the Services.

 

Your access to and use of the Site and the Services are subject to these terms and conditions of use (the “Terms”). These Terms constitute an agreement between Core and you, the visitor or user (“you” or “your”). By visiting, using, or accessing the Services or the Site, or any materials accessible through the Site, you acknowledge and agree to be bound by all the Terms. Core may amend these Terms at any time by posting the amended terms on the Site. Your continued use of the Site or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR ACCESS THE SERVICES OR THE SITE.

 

Your access to and use of the Site and Service is subject to your continued compliance with these Terms and all applicable laws. 

 

1.  License; Your Obligations

 

License

Core grants you a limited, non-exclusive, revocable, non-transferable right to access and use the Site and any purchased Services, subject to the limitations contained in these Terms. The permission granted to you shall terminate automatically if you breach any of the provisions of these Terms. Core reserves the right to modify or remove any materials or products listed on the Site at any time without notice to you and in Core’s sole discretion.

 

Obligations

You agree to abide by the rules Core publishes with respect to your use of the Services, Site, and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations are incorporated into these Terms. Core reserves the right to deny you access to the Services and Site if, in Core’s sole discretion, you have failed to abide by this Agreement. You also agree to follow all laws, rules, and regulations whether local, state, federal, or otherwise. 

 

You are solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for your use of the Services and/or Site, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs, and similar services.

 

2. Health Information Provided for Informational Purposes Only

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL, NUTRITION AND FITNESS INFORMATION PROVIDED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, REGARDLESS OF FORMAT (TEXT, IMAGES, VIDEO, AUDIO, ETC.), WHETHER PROVIDED BY CORE OR A THIRD PARTY.

 

THIS INFORMATION IS NOT INTENDED TO BE AND SHOULD NOT BE USED FOR OR IN PLACE OF (A) DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR HEALTH ISSUE; (B) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL.

 

PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING THE SERVICES OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SITE. 

 

INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. 

 

You should always consult with your doctor or physician with respect to any medical questions or issues. DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU READ ON THIS SITE OR THROUGH THE SERVICES. If you have an emergency, call your physician or 911 immediately.

 

THE SITE AND SERVICES MAY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. CORE STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

 

3. Disclaimer of Warranties

 

Core tries to keep the Site and Services accurate, working, error-free, and safe, but cannot guarantee that the Site and/or the Services will be secure or that access to or use of the Site and the Services will be uninterrupted or free of errors or omissions.

 

CORE AND ITS AGENTS, EMPLOYEES, SUCCESSORS, AND AFFILIATES PROVIDE THIS SITE AND THE SERVICES WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

 

CORE AND ITS AGENTS, EMPLOYEES, SUCCESSORS, AND AFFILIATES DO NOT WARRANT (A) THE OPERATION OF THIS SITE; (B) THE ACCURACY OF INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE; OR (C) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEALERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALERS DOES NOT WARRANT THAT THIS SITE, THE SERVICES, OR CORE’S SERVERS, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

 

4. Prohibited Use of Site and Services

The Site and Services are intended for your personal use only, and you agree not make any commercial use of the Site, Services, or any associated content. You acknowledge and agree that you will not and cannot:

a.  Reproduce, duplicate, copy, display, rent, sell, resell, or otherwise exploit the Site or Software, or their contents, descriptions, materials, or information for any purpose without the express written consent of Core;

 

b.  Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from Core, from the Site or acquired in connection with the Services;

 

c.  Use the Site or Services in any manner that infringes upon or violates the copyright, patent, trademark, or trade secret rights of another party;

 

d.  Use the Site or Service including, but not limited to, to upload, post, or send communications to other members for commercial solicitation or political campaigning, any content or message that is harmful, threatening, abusive, harassing, vulgar, obscene, racist, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of Core;

 

e.  Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site or the Services to intentionally or unintentionally violate any local, state, federal, or other law; or

f.  Engage in any other activity deemed by Core, in Core’s sole discretion, to be in conflict with the spirit or intent of this Agreement.

 

You agree not to take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have towards anyone. You agree not to engage in any activity that in Core’s sole discretion violates the spirit or intent of the Agreement. 

5. Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL CORE OR ITS AGENTS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THESE TERMS OF SERVICES, THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.

 

SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

6. Indemnification and Release. 

You agree to indemnify, hold harmless and defend Core, its affiliates, officers, employees, successors, and agents (“Indemnified Parties”) from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to: (i) these Terms; (ii) your use of this Site, the Services, including any data or work transmitted or received by you; and (iii) any prohibited use of the Site or Services.

 

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms and/or any use by you of the Services and Site.

 

California Residents: you expressly waive CA Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

7. Termination. 

These Terms are effective upon your acceptance as set forth herein and shall continue in full force until terminated. Core reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; (ii) suspend your access to or use of all or any portion of the Site or the Services; and (iii) terminate these. Sections 2, 3, 4, 5, 6, 8, 9, 10, 13, and 14 shall survive termination for any reason.

 

8. Payment Information

Your payment information for any purchases you make through the Site or Services will be processed and stored through a third-party payment processor. You are responsible for paying any and all fees associated with your use of the Site and Services, including any services purchased through the Site. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law. Please refer to the Site or Services for pricing information. You acknowledge that Core may change its prices at any time.

 

9. Children’s Online Privacy Protection Act Notification

You may only use the Services or Site if you are 13 years of age or older. To subscribe to any content, use the Services, and/or book any appointment, you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract, you must have your parent or legal guardian’s permission to use the Site or Services. 

 

Pursuant to 47 U.S.C. Section 230(d) as amended, Core hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.

 

10. Intellectual Property

Copyright Protected Works

All content contained on this Site, including, but not limited to, text, audio, video, photos, and other content is exclusively owned by Core. You agree that you will not directly or indirectly copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content from the Site or the Services without the prior express written permission of Healers and any third party where applicable. 

 

Trademarks

The trademarks, service marks, company names, logos, and related names and marks (the “Trademarks”) used and displayed on this Site or with the Services are owned by Healers. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed on this Site without the express written permission of Healers.

 

No Transfer

Except for the limited license identified in Section 1, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.

 

You agree you will not directly or indirectly copy, reproduce, modify, distribute, create derivative works from, or publicly display the Site or Services without Core’s prior express written permission. 

 

11. Content from Members and Other Third-Parties

The Services and/or Site may contain content created from third parties and/or links to other websites and content, including, but not limited to, advertisements and other content posted by us or by third-parties (“Third Party Content”). 

 

If you use links to Third Party Content, you will leave the Site and will be redirected to websites controlled by other entities. Such websites may have their own terms of service and privacy policy and may have different practices and requirements than the Site. Core is not responsible for the content presented by any Other Site and does not endorse the operator. Core also does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented in Third Party Content.

If a third party links to the Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Core. Core may not even be aware that a third party has linked to the Site.

12. California Residents

The provider of services is Core Achievement, LLC. We can be reached at rena@coreachievement.net. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

 

13. Governing Law; Mandatory Binding Arbitration

These Terms shall be governed by Minnesota law except for its conflicts of laws principles. You agree to resolve any disputes or claims arising out of or related to the Terms, the Site, or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provision” section, including its enforceability, revocability, or validity. Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, Software, or Services, or violation of any intellectual property rights. Such proceedings shall be brought in the federal or state courts in Hennepin County, in the State of Minnesota and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in the city of Minneapolis and County of Hennepin, Minnesota in any legal suit, action, or proceeding arising out of or related to this Agreement.

 

This provision shall not apply to consumers in geographic locations that require agreements to be governed by the local laws of the consumer’s residence.

 

14. Interpretation and Application of the Terms

No waiver of any term, provision, or condition of the Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

 

If any provision of the Terms is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

 

The Terms constitutes the complete and exclusive statement of the agreement between you and Core, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and Core.

 

Feedback, questions, comments, requests for technical support and other communications relating to the Site or Services should be directed to rena@coreachievement.net

 

15. DMCA Copyright Notice. 

Core respects the intellectual property rights of others and it is Core’s policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to Core’s Designated Agent at rena@coreachievement.net, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit Core’s administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number and e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

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