Terms and Conditions of Use
Terms and Conditions of use of www.lesliethorpe.com and
Leslie Thorpe Integrative Health Coaching LLC Online Courses
Last updated: November 10, 2022
NOTICE: These Terms and Conditions of Use (“Terms”) are legally binding. It is your responsibility to read these Terms carefully prior to purchase, use or access of any of our websites, products, including online courses and memberships. These Terms apply to all Leslie Thorpe Integrative Health Coaching LLC online courses and materials, including CHRONICALLY WELL memberships.
All websites, programs, products, courses or services provided by Leslie Thorpe Integrative Health Coaching LLC (“Company” or “we” or “us” or “our”) are owned by the Company. The term “you” or “your” refers to any user, subscriber or viewer of lesliethorpe.com and any other site that we have owned or operated, do own, and operate or may own or operate in the future (collectively, the “Website”). The term “you” and “your” also refers to any purchaser or user of said program(s), product(s), course(s), membership(s), or service(s) (the “Course”) offered by the Company.
These Terms govern and define how you are allowed to use and access Company’s Website and Course. We reserve the right to update and change these Terms at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at leslie@lesliethorpe.com and we will make reasonable efforts to remove your name, email and access to our Course and website(s).
Course/Website Use and Consent
A. When you viewed the Website or purchased a Course from us, you were given a reasonable notice that these Terms existed. By moving forward with use of the Website and/or your purchase of the Course and further access of the Course, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms.
B. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access and use the Website and/or Course. Access of our Website, Course and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
License(s)
A. Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Website and Course, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Website and Course, including any courses purchased by you. Your purchase of any Course only entitles you to view that Course in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the Course.
B. Unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Website or Course. You may, however, from time to time, download and/or print one copy of the individual pages of the Website or Course for your individual use, provided that you keep intact all copyright and other proprietary notices.
C. The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
Fees and Refunds
A. Fees. Fees for Courses are set forth on the Website. We reserve the right to change Course Fees at any time.
B. Refunds. You are responsible for full payment of fees for the entire Course, regardless of whether you complete the Course. No refunds will be issued.
4. Termination
We reserve the right in our sole discretion to refuse or terminate your access to the Website and Course, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Courses affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Website and Courses will still apply now and in the future, even after termination by you or us.
5.Intellectual Property
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of Leslie Thorpe Integrative Health Coaching LLC or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Website or Course is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
A. You may:
Access the Website and Course for your individual use;
Download and/or print any Course materials for your individual use;
Use our trademarks and copyrighted materials with our prior written consent and proper credit and marking, namely, citing ©Leslie Thorpe Integrative Health Coaching LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
B. You may not:
Re-sell or trade your access to the Course;
Share the Course with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Website or Course, except as set forth above and for your own individual use;
Republish any of the Website or Course, in part or in whole;
Distribute any of the materials contained in the Website or Course or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Website or Course for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, tag-lines or other unique source identifiers; or trade dress including the look and feel of the Website or Course (and its related communications and materials);
Use our Website or Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
6. Trademarks
A. The following are registered or pending trademarks of Leslie Thorpe Integrative Health Coaching LLC and you shall not use them in any way that is defamatory, confusingly similar to our products or in a manner that We deem otherwise inappropriate or offensive at our discretion:
UNITED STATES REG. NO. 7,271,434
CHronically Well Trademark
7. Request for Permission to Use Content
If you wish to use, publish or refer to any of our content, Website, Course(s) or related materials, you must do so by requesting permission prior to commencing use of the same by emailing us at leslie@lesliethorpe.com. Permission is not granted until you receive such permission in writing.
A. Civil and Criminal Penalties. Even though our Courses are not physical property, you can be charged with theft or face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in California by viewing our Website or by opting into or purchasing any Course or accessing its related communications and/or materials.
B. Your Materials and Contributions. By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Course and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part.
C. Model Release. You must own the copyright to any image(s) you use in our Course or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Course, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
D. Notification of Use. We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
E. Your Conduct.
You are agreeing that you will not use our Website or Course in any way that causes or is likely to cause the Website, Course, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to the Website, Course and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or Course, as applicable. You agree to use the Website and Course, as applicable, for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the Website and Course, as applicable, for lawful purposes only. You agree that you will not use the Website or Course in any of the following ways:
a. For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity;
b. To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others;
c. To send, negatively impact, or infect our Website or Course, as applicable, with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
d. To cause annoyance, inconvenience or needless anxiety;
e. To impersonate any third party or otherwise mislead as to the origin of your contributions;
f. To reproduce, duplicate, copy or resell any part of our Website or Course in a way that is not in compliance with these Terms or any other agreement with us.
8. Disclaimers
A. General Disclaimer. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Course(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, and during the terms of the Website, Course and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of use of the Website and Course. This Website and Course are for educational and entertainment purposes only. None of the Website, Course or its related material(s) should be construed as medical, legal, or financial advice.
B. Medical Disclaimer. This Website and Course are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Course is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or Course, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
C. Results Disclaimer. While we may reference certain results, outcomes or situations on our Website, Course or related communications, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of our Website or Course(s). Any results you see on the Website or Course are not guaranteed or typical.
D. Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Website and Course(s), including you.
E. Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR WEBSITE, PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS. YOU AGREE THAT WEBSITE, PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
F. Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Website, Course(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Nudge.
G. Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or Course. Reasonable effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the Website, Course, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
9. Indemnification, Limitation of Liability and Release of Claims
A. Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website and Course, as applicable.
B. Limitation of Liability. Leslie Thorpe Integrative Health Coaching LLC and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Website or Course. We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Website, Course, and related material.
C. Dispute Resolution. You agree to notify the Company of any concerns or issues regarding the Website or Course, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Website or Course, the laws of California shall apply.
10. Non-Disparagement
If you are found to be slandering, libeling or otherwise disparaging our Company, Website, Course, or related materials, you will be immediately removed from the Website, Course and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.
11. Miscellaneous
A. All Rights Reserved. All rights not expressly granted in these Terms or express written here are reserved by Company.
B. Severability. If any part of these Terms is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
C. Contact. If you have any questions about any term of these Terms, please contact us at leslie@lesliethorpe.com.