Terms of Service Agreement

Last updated: April 14, 2022

This Terms of Service Agreement sets forth the legally binding terms and conditions between you and Lisa Metzgar, PhD (“Wellness Coach”, “we,” “us,” or “our”) governing your access to and use of our website (the “Site”), our digital wellness platform, our classes, coaching sessions and tools related to mental, physical, social, and financial wellbeing, and our associated websites, networks, mobile applications (the “Apps”), and services (collectively, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features (“Supplemental Terms”). All such Supplemental Terms are incorporated by reference into this Terms of Service Agreement (all such Supplemental Terms together with this Terms of Service Agreement, the “Terms”).

If this Terms of Service Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such features only.BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICES, OR ANY PORTION THEREOF, INCLUDING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THESE TERMS OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (i) AGREE THAT THE TERMS “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND, AS APPLICABLE, SUCH INDIVIDUAL; AND (ii) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THESE TERMS HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH ENTITY.THE SERVICES OFFER USERS PERSONAL MENTAL, PHYSICAL, SOCIAL, AND NUTRITIONAL HEALTH COACHING SERVICES AIMED AT IMPROVING YOUR OVERALL HEALTH. YOU UNDERSTAND AND AGREE THAT THE ANY INFORMATION YOU LEARN FROM THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED, DESIGNED, OR IMPLIED TO: (I) DIAGNOSE, PREVENT, OR TREAT ANY CONDITION OR DISEASE; (II) TO ASCERTAIN THE STATE OF YOUR HEALTH, TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE; (III) TO BE A SUBSTITUTE FOR THE ADVICE OF A FINANCIAL ADVISOR, CERTIFIED NUTRITIONIST, OR MEDICAL PROFESSIONAL. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT LISA METZGAR, PHD THEN-CURRENT FEE FOR SUCH SERVICES, UNLESS YOU OPT OUT OF THE AUTO-RENEWAL/DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH THE DESCRIPTION BELOW.UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WELLNESS COACH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY WELLNESS COACH IN ITS SOLE DISCRETION AT ANY TIME.

When changes are made, Lisa Metzgar, PhD will make a new copy of the Terms available at the Site and within the Apps and any new terms will be made available from within, or through, the affected Service on the Site or within the App. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to users.

Lisa Metzgar, PhD  may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.

Content and Content Rights For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Content Ownership Lisa Metzgar, PhD and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. User acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. User agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Rights Granted by UserBy using the Services User (i) acknowledges and agrees that the performance of Services, including video and audio of User, may be recorded by Lisa Metzgar, PhD and such recordings will constitute Content (such recordings of User and any intellectual property rights User may have in such recordings are referred to in these Terms as “User Content”), (ii) consent to such recording, and (iii) grant to Lisa Metzgar, PhD  a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and otherwise exploit any User Content in connection with operating and providing the Services. Rights Granted by Lisa Metzgar, PhD

Subject to User’s compliance with these Terms, Lisa Metzgar, PhD grants User a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with User’s permitted use of the Services and solely for User’s personal and non-commercial purposes.