These Terms of Condition and Service (“Terms”) are a legal agreement between you and Elizabeth Pearch (“EP,” “us,” or “we”) applicable to your use of services or use of any content available at www.elizabethpearch.com and all pages accessed through it (collectively as “Website’), including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program and including any participatory program (whether participating electronically or through internet access or by your physical activity or bodily engagement) accessed through www.elizabethpearch.com or affiliated with us (together, the “Service”).
BY USING OR PARTICIPATING IN ANY PORTION OF THE SERVICE OR PROGRAMS, YOU ARE AGREEING AND ACCEPTING THESE TERMS AND ARE BECOMING A PARTY TO THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE OR PARTICIPATE IN THE PROGRAMS.
Even if you are using the Service or participating in the Program as a part of your employment or at the request of your employer, your use of or participation in the Service shall be considered as your agreement and acceptance of these Terms. Furthermore, your use of or participation in the Service that may in any way be related to your employment is telling us that you are authorized to accept these Terms for your employer. Therefore, your employer, through you, equally agrees and accepts these Terms.
Service and Program Descriptions
The Services and Programs provided by EP are considered weight loss and life coaching training and philosophy delivered by applications, content, and coaching programs freely or through paid subscription. Users may also download training materials from other users and coaches that are provided through us, some of which is provided for a fee. Any content accessible through EP or the Website is provided for informational, educational, or entertainment purposes ONLY.
We endeavor to describe and display the Services and Programs as accurately as possible. While we try to be as clear as possible in explaining the these, do not accept that the Website is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
What EP Expects from You
You understand that you are 100% responsible for your own progress and results. You understand You are a variable over which EP has no control. Therefore, You understand your results are not guaranteed by EP. You commit to full participation in the Service or Program and You understand that nothing is guaranteed in this world, and that EP will do the best work possible to help you achieve the results you want. At the end of the day, it’s up to the You to do the work. You acknowledge your individual results may vary based on your own personal efforts. EP does not guarantee a particular outcome, and is not liable for any loss, damage or other expense which you may suffer as a result of using EP’s Services or Programs.
You must be 18 years of age or older to use the Service. Any information that you submit to us, including any profile information you submit, shall be true and accurate. You represent truthfully that you are 18 years of age or older and are fully able and competent to enter into and accept and perform these Terms. You understand and accept that the Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
You shall not construe anything contained in the Website as any form of any medical, health, or nutritional advice or diagnosis.
You understand that any content accessible through EP is provided for informational, educational, or entertainment purposes only. Such content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You shall not disregard the advice of your healthcare professional in reliance on anything you may have read on the Website.
Any opinion, advice, statement, service, offer, or other information that may be accessed through EP or expressed or made available via the Service belong to the respective authors or producers or coaches and not to EP or its directors, officers, employees, agents, representatives, partners, or affiliates. You accept that under no circumstances will EP or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable to you for any injury, loss, or damage caused by your reliance on any information obtained through the Service or accessible through EP.
In order to use the Service, you may be required to create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we, at our discretion, may suspend or terminate your account and your use of Service.
You are solely responsible for all activities that occur through your account even if done by someone else without your authorization. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to ep at elizabethpearch dot com.
EP grants you a personal, non-exclusive, non-assignable, non-transferable, revocable limited license to access and use the Service, content, material, or software made available by EP, for strictly noncommercial and your personal use only.
You must comply with all applicable laws, including all laws that apply in your own locality, when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on or through the Service; (b) compile or collect any content available on or through the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising; (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright marks and notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit written consent.
In connection with registration for a EP account, use of the account, or use of the Service, you may upload or will submit information, photos, videos, or other audio/visual materials to EP (“User Content”). You shall not upload User Content unless you own that content, you have created that content yourself, or you have written permission from the copyright owner of that content.
You understand that communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas relating to the Service are not private communications. You shall use caution when submitting any User Content that may contain your personal information to a public or common area of related to the Service.
You shall not upload to Website or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abrasive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability under the US Federal or Alaska laws or laws applicable to your locality; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with EP’s or its partners’ products and services, as determined by EP in its sole discretion; or (vi) in EP’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service or content available through EP, or which may expose EP, its affiliates, directors, officer, agents, or users to harm or liability of any nature.
EP shall have no obligation to screen, edit, or monitor any User Content. However, EP has the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service or creating an account with EP, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. EP takes no responsibility for any User Content and assume no liability in any way related to any User Content, including any loss or damage to any part of your User Content.
Refusal of Services
The Program and or Service is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website or Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Content related to the Service, including User Content, and other content accessible through EP, has been licensed to EP in accordance with various licensing agreements between EP and the persons or entities who own the rights to that content (“Licensed Content”). Licensed Content is protected by intellectual property laws.
EP respects the intellectual property rights of others, and asks you to do the same. EP will terminate any user’s privileges to access the Website who repeatedly infringe the copyrights of others and may remove or disable User Content that may be infringing copyrights of others.
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner’s agent, or pursuant to law, you may send us a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). You authorize us or our copyright agent to forward your counter-notice to the party who claims to own copyrights to your removed or disabled User Content. If, within 10 business days of receiving the counter-notice from EP, the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to your removed or disabled User Content, then EP may, in its sole discretion, reinstate your removed or disabled material.
If you believe that your work has been posted on EP Website in a way that constitutes copyright infringement, you must first contact EP at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright-protected work; (b) a description of the copyright-protected work; (c) the location on EP Website of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) your statement showing your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) your statement, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you authorize EP or its copyright agent, at EP’s discretion, to forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You must write to EP’s designated agent for matters related to copyright infringement at:
Attn: Copyright Agent
700 W 58th Ave., Ste A
Anchorage, AK 99518
We, our affiliates, our suppliers, and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service and all content accessed through EP’s Website. Except for those rights expressly granted in these Terms, you have no other rights, either express or implied.
Other product, brand, and company names and logos used on the Service or displayed through EP’s Website are the trademarks or registered trademarks of their respective owners. You are strictly prohibited to and shall not use any of the marks appearing on the Service or displayed through EP’s Website without the prior written consent of EP or the owner of the mark, as appropriate.
Communications with Users
When you create an account with EP, you understand and agree that you may receive communications from the other users of the Service. You also understand and agree that all users are each acting independently and that no user is EP’s representative or agent and that you shall not consider a user’s actions as EP’s actions.
You acknowledge and accept that EP does not arrange or supervise meetings and does not have control over who attends meetings or the actions of any individual at any meeting. At all times, you shall use caution and good judgment when arranging or attending such meetings. You shall be solely responsible for all risks associated with any such communications or meeting in which you engage.
Skipped or cancelled payments will result in an immediate removal from the Program or Service until payment has been made or new payment arrangements have ben mutually agreed upon by the you and EP. Time lost and appointments missed will not be made-up.
You are responsible for full payment of fees for the entire Program, regardless of whether you complete the Program, are able to complete the program, regardless of circumstance, and regardless of whether you have selected a lump sum or monthly payment plan.
EP will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
All sales are final and there are no refunds under any circumstances. Here’s why:
When you buy a park hopper pass to Disney world and you get to the Magic Kingdom late, you get blisters on your feet, and you have to leave early AND then you can’t go see Fantasmic at Hollywood Studios, you don’t ask email Disney and ask refund of your park hopper ticket. Disney isn’t going to refund your money just because you decided not to show up, or mismanaged your schedule, or whatever. That was your choice.
Here’s the deal. Respect yourself, respect the process and show up and have the experience you really want to have.
Access; Modifications to the Service
EP does not provide you with the equipment to use the Service or access EP’s Website. You are responsible for all fees charged by others to allow you access and use the Service (e.g., charges by ISPs or mobile carriers).
EP reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service or any part of the Website without notice. EP shall not be liable to you or to anyone else for any modification, suspension, or discontinuance of the Service or any part of EP’s Website.
Unless otherwise agreed by EP in writing, EP will not provide any support for the Service.
If you provide feedback to EP regarding the Service or about any information on EP’s Website (“Feedback”), you acknowledge and accept that the Feedback is not confidential and you authorize EP to use that Feedback without restriction and without payment to you. Accordingly, you grant to EP a worldwide, nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sub-licensable right to use the Feedback in any manner and for any purpose.
Changes to Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so at http://www.elizabethpearch.com/termsandconditions or otherwise provide you notice. It is your responsibility to review these Terms regularly. If you use the Service or access EP’s Website after the effective date of a modification, then you accept any modified Terms.
You may terminate your use of the Service at any time by terminating your account and deleting any EP software from your device or personal computer. Termination of your account is your only right and remedy regarding any dispute with EP in any way related to the Service or to these Terms. EP may suspend or terminate your access to the Service at any time, for any reason. If EP suspects that you have violated any provision of these Terms, EP may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any portion of these Terms. Upon termination, you must destroy or delete any copy of EP software in your possession.
If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither EP nor any of its licensors, suppliers, or publishers are liable to you or to any other person for any loss caused by any termination of the Service or termination of your access to the Service or your access to the Website.
We may email or provide you coupons, offers, and other specials from other persons and entities and the Service may contain advertisements and promotions from them (collectively “Promotions”). You accept that EP is not responsible for the legality, safeness, availability, use, warranties, redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service, through the use of the Service, or within EP’s Website are subject to change without notice and we have no control over their legality, availability, warranty, or merchant’s ability to complete the Promotion (including, the sale in accordance with the Promotions).
Your dealings or correspondence with, or participation in Promotions, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and those other persons or entities.
The Service may contain links to Web pages and content of belonging to other persons (“Third-Party Content”). We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. EP shall have no responsibility to update or review any Third-Party Content and makes no guaranty as to its legality, safeness, accuracy, or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service or from EP’s Website, please be aware that these Terms may no longer govern. You agree that you are responsible to review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate. You access and use Third-Party Content at your own risk and shall waive all possible claims against EP related to such access and use.
Disclaimer of Warranties
YOUR USE OF THE SERVICE OR ACCESS OF EP’S WEBSITE OR USE OF ANY INFORMATION WITHIN EP’S WEBSITE IS AT YOUR SOLE RISK. THE SERVICE OR ACCESS TO EP’S WEBSITE OR INFORMATION WITHIN EP’S WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EP, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EP DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE. EP DOES NOT WARRANT THAT ANY DATA OR INFORMATION SENT BY OR TO YOU OR USED OR ACCESSED BY YOU WILL BE ACCURATE, SAFE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE OR ANY CONTENT WITHIN BM’S WEBSITE, INCLUDING ANY LOSS OR HARM TO YOUR PERSONAL DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU MAY HAVE OTHER RIGHTS SINCE SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES.
Limitation of Liability
NEITHER EP NOR ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PECUNIARY, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, THAT MAY BE IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE SERVICE OR CONTENT WITHIN EP’S WEBSITE. THIS LIMITATION MAY NOT APPLY TO YOU SINCE SOME STATES, COUNTRIES, OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF EP, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM IN ANY WAY RELATED TO THE SERVICE, OR YOUR ACCESS OF EP’S WEBSITE OR YOUR USE OF ANY INFORMATION WITHIN EP’S WEBSITE WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OUT OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold EP, its affiliates, directors, officers, agents, owners, employees, and its licensors, suppliers, and Distributors harmless from any claims, liability, costs, damages, expenses, attorney’s fees, and legal fees caused by, or in any way related to, your use of the Service, your access to and use of any information within EP’s Website, your violation of these Terms, or your violation of any rights of any person or entity.
Any rights or licenses granted to you under these Terms shall not be transferred or assigned by you to anyone else, but may be assigned by EP without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms shall be deemed to have entered into and governed by and construed in accordance with the laws of the State of Alaska, USA, excluding its conflict of law provisions. You agree and accept that any judicial proceedings shall be brought in the State of Alaska and you consent to the exercise of personal and exclusive jurisdiction of the State of Alaska over you and that the venue in the state and federal courts in Alaska.
Claims and Release
YOU AGREE THAT ANY CAUSE OF ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE, YOUR USE OF OR ACCESS TO THE SERVICE, YOUR ACCESS TO EP’S WEBSITE, OR YOUR USE OF ANY INFORMATION WITHIN EP’S WEBSITE MUST BE BROUGHT AGAINST EP, ITS OFFICERS, DIRECTORS, OWNERS, STAFF, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS WITHIN ONE YEAR AFTER THE CLAIMED OR ALLEGED WRONG HAD OCCURRED. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY LOST AND BARRED. YOUR DISCOVERY DATE OF SUCH WORNG SHALL NOT GOVERN YOUR TIME PERIOD TO BRING SUCH ACTION.
You shall release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from all claims, demands, injuries, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, existing now and coming to existence in the future, arising out of or in any way related to your use or access of anything through the Website or your interactions with EP. You further waive all rights and benefits that you may otherwise have by operation of any law or rule of any jurisdiction that may attempt to limit the scope of your release or waiver. To the fullest extent, you waive and relinquish all rights and benefits which you have or may have under the Civil Code of the State of Alaska or any similar provision of any law or rule of any jurisdiction (including the states of Missouri, Delaware and Pennsylvania).
Waiver and Severability of Terms
The failure of EP to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by EP. If any provision of these Terms is found by any competent tribunal to be invalid, the parties nevertheless agree that the tribunal should attempt to give effect to the parties’ intentions as reflected in such provision, and the other provisions of these Terms remain in full force and effect.
Consent to Electronic Communications
By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account and information related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements of any jurisdiction, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service or access of any information within EP’s Website, including without limitation fees related to any SMS / text messaging, and data.
These Terms are the entire agreement between you and EP regarding your use of the Service, your access to EP’s Website, and use of any information within EP’s Website.
For questions, comments, complaints, or claims related to the Service your access to EP’s Website, and use of any information within EP’s Website, please contact EP at:
700 W 58th Ave. Ste A
Anchorage, AK 99518
ep at elizabethpearch dot com
Updated: March 10, 2016