This Coaching Agreement is a binding agreement between you (“Client” or “you”) and Teach a Kid to Fish, LLC, a Nebraska limited liability company d/b/a IME Community (“Company”). This Agreement governs the provision of Services (defined herein) by the Company.
2. Nature of the Services. The Services are designed to provide information on the topic of life and weight loss coaching for teens. The information, coaching, and training materials provided on imecommunity.com (hereinafter, the “Website”), and through the Services, including, but not limited to, information contained in blog posts, podcasts, videos, coaching calls and/or recordings, email newsletters, or other files, including all products and services, whether free or offered for sale, are not to be construed as, and is never intended to be used as a substitute for professional advice or care. By subscribing to the Services, you acknowledge and agree that, while Karla Lester, M.D. is a licensed physician in the State of Nebraska, the Services offered are not medical advice and by engaging her to provide the Services you are engaging her as a life coach and/or weight coach only in accordance with the level of membership you have subscribed to. Life coaches aid their clients in improving their day-to-day lives by helping you clarify your goals, identify obstacles holding you back, and developing strategies for overcoming each obstacle and meeting your goals. Following the advice given through the Website and Services is at your own risk and we do not represent, warrant, or guarantee any specific individual results. The Services and content provided throughout this Website are not to be construed, and is never intended to be used as a substitute for professional advice or care and must not replace or be a substitute for the services of trained and licensed health-care professionals, including for, but not limited to, the treatment of eating disorders and treatment by licensed behavioral or mental health professionals. If you are experiencing suicidal ideation you should seek immediate treatment and help. Karla Lester, M.D. and the Company, or any of our representatives or contractors, shall not be liable for any special or consequential damages that may result from the use of, the improper use of, or the inability to use the content and Services found on this Website.
By accessing this Website and the Services, you knowingly, voluntarily, and intelligently decide to receive the Services and assume all risks involved in the same. You agree to release, indemnify, and hold harmless the Company and Karla Lester, M.D., from and against any and all claims which you may have for any loss, damage, or injury arising out of or in connection with use of the treatments or Services described above, or arising out of or in connection with referral to other practitioners or merchants for delivery of any services. You agree not to pursue a claim against any of the foregoing parties if you are dissatisfied with the results of the Services.
3. Code of Conduct. You agree to comply with the Code of Conduct, which governs the expectations for participating in this online community and the provision of the Services by the Company. The Code of Conduct is hereby incorporated into this Agreement by this reference, and any violation of the Code of Conduct may, as determined in the Company’s sole discretion, result in the suspension or termination of your access to the Services.
4. Term and Termination.
(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Section 4.
(b) The Initial Term of this Agreement shall vary in accordance with the membership level selected during the enrollment process (each, an “Initial Term”): Health Yourself coaching will have an Initial Term of three (3) months; the Member Community shall have an Initial Term of one (1) month; and the digital content shall be available as described at the time of purchase.
(c) Notwithstanding anything to the contrary herein, Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) After the expiration of the Initial Term, or any Renewal Term (defined herein), this Agreement shall automatically renew for an additional term which shall be equal to the Initial Term of the membership level selected (each a “Renewal Term”). You may terminate this Agreement by providing Company with written notice at least thirty (30) days prior to the desired termination date, provided, that such termination date shall not be a date prior to the date of expiration of the Initial Term or any Renewal Term.
(e) Upon termination, all rights granted to you under this Agreement, if any, will also terminate.
(f) Termination will not limit any of Company’s rights or remedies at law or in equity.
5. Fees and Payment. In consideration of the Services provided and other undertakings by Company hereunder, you shall pay Company the fee related to the membership level selected (the “Fees”): Health Yourself is a three (3) month subscription for two hundred and fifty dollars ($250); the Member Community monthly subscription is twenty-four dollars and ninety five cents ($24.95) per month; and the Fees for digital content shall be set forth at the time of purchase. Renewal Term Fees shall be the same as the Initial Term Fees. Digital content available for purchase will be priced accordingly. If you terminate this Agreement in accordance with Section 4(d), you will be relieved of any obligation to pay any Fees attributable to the period after the effective date of such termination. You acknowledge and accept that if you terminate the Agreement prior to the expiration of the Initial Term or any Renewal Term, you will not be entitled to a refund of any Fees. Fees paid in connection with the purchase of any digital content available on the Website are not refundable.
6. Disclaimer of Warranties. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES AND THE TECHNOLOGY THROUGH WHICH THEY ARE PROVIDED ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES AND THE TECHNOLOGY THROUGH WHICH THEY ARE PROVIDED ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITATING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, AND THE TECHNOLOGY THROUGH WHICH THEY ARE PROVIDED WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE SERVICES, AND ANY CONTENT OR ITEMS OBTAIEND THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7. Limitation of Liability. By accessing the Website and its content and engaging the Company and Karla Lester, M.D., to provide the Services, you acknowledge and agree that you are not receiving health care services or medical services and that the advice you have received or will receive through the Services or other materials available on the Website is based on opinions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, OR MANAGERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, COST OF SUBSTITUTE SERVICES, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CASED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
10. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska in each case located in Lincoln and Lancaster County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
12. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
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