Terms of Service (TOS) Agreement 

DESCRIPTION OF WEBSITE SERVICES OFFERED

Any and all visitors to Sculpt Your Health will be deemed as “users” of the herein contained services provided for the purpose of this TOS.

The user acknowledges and agrees that the services provided and made available through our website are the sole property of Sculpt Your Health. At its discretion, Sculpt Your Health may offer additional website services, or update, modify, or revise any current content and services, and this Agreement will apply to any and all additional services and any and all updated, modified, or revised services unless otherwise stipulated. Sculpt Your Health does hereby reserve the right to cancel and cease offering any of the aforementioned services. You, as the end user, acknowledge, accept, and agree that Sculpt Your Health will not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our services.

Your continued use of the services provided, after such posting of any updates, changes, and/or modifications, will constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, or revised terms, you must stop using the provided services.

PRIVACY AND CONFIDENTIALITY POLICY

Any and all information collected on the Sculpt Your Health website will be kept strictly confidential and will not be sold, loaned, or otherwise disclosed, nor will it be used in ways in which you have not consented. (A more detailed explanation of our Confidentiality Policy can be found in the Coaching and Confidentiality Agreement that all Sculpt Your Health clients are asked to review and accept prior to beginning our coaching relationship.)

Sculpt Your Health does not resell or disclose any information to third parties, or lease any personal information collected on the Sculpt Your Health web site, including its mailing list. While Sculpt Your Health maintains an email list to occasionally inform interested individuals about our services or other topics of interest, addresses are never sold, rented, loaned, traded or leased to anyone, including other subscribers.

INTERSTATE COMMUNICATION

Upon registration, you hereby acknowledge that when using www.sculptyourhealth.com to send electronic communications, which would include, but are not limited to email, uploading of files, instant messaging, photos and/or videos, you will be causing communication to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that  the use of this service will result in interstate transmissions.

CONTRIBUTIONS TO COMPANY WEBSITE

Sculpt your Health provides an area for our users to contribute feedback to our blogs and website. If you submit ideas, documents, or suggestions to our web site, you agree that your contributions do not contain any type of confidential or proprietary information. Sculpt Your Health will not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contributions; will be entitled to make use of and/or disclose any such contributions in any such manner we may see fit; and the contributions will automatically become the sole property of Sculpt Your Health, which is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users agree to insure and hold Sculpt Your Health, its affiliates, agents, partners, and/or licensors blameless or not liable for any claim or demands, which may include, but are not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of this site may submit, post, modify, transmit or otherwise make available through its services, the use of services, or your connection with these services.

LINKS

The Website may contain links to other Websites that are not managed by the Sculpt Your Health owner. Thus, you acknowledge and agree that Sculpt Your Health is not responsible for the availability of any such external sites or resources, and as such,  does not endorse nor is responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources.  Furthermore, you acknowledge and agree that Sculpt Your Health will not be responsible or liable, directly or indirectly, for any such damage or loss that may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

WARRANTY DISCLAIMERS

YOU HEREIN  EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SCULPT YOUR HEALTH SERVICES OR SOFTWARE WILL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING, AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIALS.
     
  2. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SCULPT YOUR HEALTH OR BY WAY OF, OR FROM ITS, SERVICES OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

ACCURACY OF CONTENTS

Every effort is made to ensure the accuracy of published information on or through this website's videos, social media, seminars, programs, services, and products. Sculpt Your Health is not responsible for the views, opinions, or accuracy of facts referenced in its videos, social media, programs, services, and products, or those of any other company affiliated with this site. Every effort has been made to present you with the most accurate, up-to-date information, but because scientific discoveries are constantly evolving, Sculpt Your Health cannot be held responsible for the accuracy of its content.

TRADEMARK INFORMATION

You herein acknowledge, understand, and agree that all of the Sculpt Your Health trademarks, copyright, trade name, service marks, and other Sculpt Your Health logos and any brand features, and/or product and service names are trademarks and as such, are and will remain, the property of Sculpt Your Health. You herein agree not to display and or use in any manner the Sculpt Your Health logo or marks.

NONDISCLOSURE AND INTELLECTUAL PROPERTY

We will not voluntarily communicate your future plans, business strategy, customer and client information, health and medical information, or financial information to any other third party without your express and written permission. To protect the intellectual property of Sculpt Your Health, you agree not to disperse or reuse the Sculpt Your Health coaching materials  without prior written permission.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

Sculpt Your Health will always respect the intellectual property of others, and asks that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Sculpt Your Health may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes on the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information:

a. The electronic or physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.

b. A description of the copyrighted work or other intellectual property that you believe has been infringed upon.

c. A description of the location of the site that you allege has been infringing upon your work.

d. The physical address, telephone number, and email address.

e.  A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law.

f.  And finally, a statement made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Sculpt Your Health Agent for notice of claims or other intellectual property infringement can be contacted as follows:

Sculpt Your Health
Attn: Copyright Agent
82 Carriage Road
New Boston, NH  03070
(603) 325-2250

CHOICES OF LAW AND FORUM

It is the mutual agreement of both you and Sculpt Your Health with regard to the TOS that the relationship between the parties will be governed by the laws of the state of New Hampshire without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes arising out of, or relating to, the TOS, or the relationship between you and Sculpt Your Health, will be filed within the courts having jurisdiction within the County of Hillsborough, New Hampshire, or the U.S. District Court located in New Hampshire. You and Sculpt Your Health agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

VIOLATIONS

Please report any and all violations of this TOS to Sculpt Your Health as follows:

Sculpt Your Health
Attn: Copyright Agent
82 Carriage Road
New Boston, NH 03070
(603) 325-2252
Email: sandy@sculptyourhealth.com

IMPLICIT AGREEMENT

By using this website, blog, emails, videos, social media, or other programs and services, you implicitly signify your agreement to all parts of the above disclaimers.