Terms and Conditions
Updated December 1, 2022
INTRODUCTION
By using this website at www.erinyamada.com (“Site”) and all programs and services provided by Erin Yamada Health Coaching (“Company”), you agree to these Terms and Conditions (“Terms”). You are legally bound to these Terms, regardless of whether you have read them. If you do not agree to these Terms, you may not use the Site.
Users of the Site and Company’s programs and services are referred to as “you” and “your” and the Company is referred to as “we,” “us,” and “our.”
These Terms determine how you are allowed to use this Site and Company’s programs and services. These Terms were last updated on the date listed at the top of this page. We may revise these Terms at any time and will change the date at that time. By continuing to use this Site, you accept all changes to the Terms.
SITE USE
You must be at least 18 years old to use the Site or Company’s programs or services. We reserve the right to terminate your use of the Site or services if you are discovered to be under the age of 18.
USER CONDUCT
You agree that the personal information you provide on the Site is accurate and correct. You may not provide information for anyone other than yourself. You agree not to use the Site to:
• Violate any laws;
• Transmit any material that is illegal, threatening, abusive, defamatory, harmful, or obscene;
• Impersonate any person or entity;
• Gain access to Company’s data or systems;
• Send viruses or harmful computer code to negatively affect the operation of computer hardware or software;
• Publish, reproduce, duplicate, copy, sell, resell, modify, or claim ownership of any content from this Site that infringes on any copyright or proprietary rights of Company;
• Engage in data mining, data extracting, or similar activities;
• Interfere with user access.
TERMINATION
We reserve the right in our sole discretion to terminate your access to the Site when we are aware of any violation of these Terms. Your access to the Site will terminate immediately and without notice to you.
INTELLECTUAL PROPERTY
The Site contains intellectual property owned by Company, including copyrights, images, text, designs, graphics, layouts, and logos, and is subject to the protection granted by applicable laws or international treaties relating to intellectual property. You may not copy, reproduce, publish, display, sell, rent, modify, store, distribute, claim ownership of, or create derivative works from any Site content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to terminate your access from the Site and services, without refund, if you violate this policy.
WARRANTY DISCLAIMERS
THIS SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE EXTENT PERMITTED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE AND SERVICES WILL BE CONTINUOUS, TIMELY, SECURE, ACCURATE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS.
WE DO NOT WARRANT THE RESULTS OF USE OF THE SITE OR SERVICES. WE CANNOT GUARANTEE ANY HEALTH OUTCOME SINCE INDIVIDUAL RESULTS VARY. ANY EXPRESSED HEALTH OUTCOMES ON THE SITE OR DURING SERVICES ARE OPINIONS ONLY.
THE SITE AND SERVICES ARE NOT TO BE INTERPRETED AS MEDICAL OR MENTAL HEALTH ADVICE. WE ARE NOT MEDICAL OR MENTAL HEALTH PROFESSIONALS. THE INFORMATION ON THE SITE DOES NOT SUBSTITUTE FOR CARE RECEIVED BY A MEDICAL OR MENTAL HEALTH PROFESSIONAL. WE ARE NOT RESPONSIBLE FOR ANY HEALTH DECISION MADE BY YOU BASED ON INFORMATION FROM THE SITE. CONTACT YOUR HEALTH CARE PROFESSIONAL FOR HEALTH ADVICE AND TREATMENT.
LIMITATION OF LIABILITY
COMPANY IS NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE OR SERVICES, WHETHER THIS LIABILITY IS BASED ON NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. WE ARE NOT LIABLE TO YOU FOR ANY LOSS OF PROFIT, GOODWILL, OR DATA. WE ARE NOT LIABLE FOR ANY DAMAGES ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, COMPUTER VIRUSES, OR SYSTEM FAILURE. WE ARE NOT LIABLE FOR ANY THIRD PARTY CONDUCT OR HARM RESULTING FROM USE OF SITE. WE ARE NOT LIABLE FOR ANY PHYSICAL OR MENTAL HARM OR INJURY. OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT POSSIBLE AS PERMITTED BY LAW. ALL LIMITATIONS OF LIABILITY APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR COULD HAVE FORESEEN DAMAGES.
THIRD PARTIES
The Site may contain links to third party websites which are not to be interpreted as endorsements of third parties by Company. We are not responsible or liable for the content or security of third party websites. Your use of third party websites is at your own risk. Refer to the terms and conditions and privacy policies of third party websites.
INDEMNIFICATION
You agree to indemnify and hold harmless Company from all liabilities, damages, losses, claims, costs, causes of action, and expenses (including legal fees) arising from any breach of these Terms or your use of the Site or services.
GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be construed in accordance with and governed by the laws of the state of California. You agree to notify the Company at erin@erinyamada.com with any concerns. If you and the Company cannot find a resolution to a dispute through good-faith negotiation, you agree to attempt to resolve the dispute through Mediation. Only if Mediation does not resolve the issue can arbitration, litigation, or other dispute resolution procedures be pursued.
SEVERABILITY
If any part of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
You may not assign or transfer these Terms to another party. Company can assign or transfer these Terms without notification, consent, or other restriction.
ENTIRE AGREEMENT & WAIVER
These Terms constitute the entire agreement between you and Company pertaining to your use of the Site and services and supersede all prior agreements and understandings with respect to the same. No waiver of any of the provisions of these Terms constitute a waiver of any other provision. No waiver is deemed binding unless implemented in writing by Company.
CONTACT
You may contact us with any questions about these Terms at erin@erinyamada.com.