THE IT FACTOR 1:1 PERSONAL BRANDING SESSION: TERMS OF USE


The IT Factor 1:1 Personal Branding Session (“Intensive”) is offered by Live Well Love LLC (“Company,” “we”). By purchasing Intensive, you as the purchaser of are agreeing to the following Terms of Use, which constitute a legally binding agreement between you and Company:

AGE AND ACCESS

You agree that you are 18 years of age or older and have the capacity to execute this Agreement.

TERM

Intensive is 60 minutes in duration to be scheduled between you and Company either at the time of purchase, or subsequent to purchase. The Term of this Agreement is either from purchase until completion of Intensive, or, if your Intensive includes support after the Intensive, after the conclusion of the support period.

DELIVERY

You understand and agree that the scope of Intensive is 60 minutes. Any subsequent work with Company is separate and apart from Intensive and will incur additional costs

PAYMENT TERMS

The total Fee for Intensive is $497, paid in full at purchase via Strip.

NO REFUND POLICY

Intensive is offered to you as is. No refunds will be issued for any reason.


RESCHEDULING/CANCELLATION

If you need to reschedule your Intensive, you must give Company at least 48 hours notice at hello@livewell-love.com. If you request a postponement of your Intensive with 48 hours or more notice, Company will accommodate your request once. If you have to reschedule more than twice, or you request to reschedule with less than 48 hours notice, Company may not be able to accommodate the request. Company reserves the right to refuse to reschedule any Intensive if you give Company less than 48 hours notice and/or have requested to reschedule at least twice before. No refunds will be permitted.

If Company must reschedule an Intensive due to exceptional circumstances, Company will give you as much notice as possible and will work to find a time that is mutually agreeable. You agree that if Company has to reschedule an Intensive, it is due to unforeseen circumstances and you will be reasonable in accommodating any postponements and provide several alternate dates and times of availability in order to accommodate the rescheduling. If you do not provide dates and times for rescheduling, Company cannot reschedule your call. Fees are not refunded for any reason.

RELATIONSHIP OF PARTIES

You agree that your participation in Intensive does not create a partnership, joint venture, agency or employment relationship with Company.

INTELLECTUAL PROPERTY

You agree that any materials and all content provided to you by Company during Intensive is provided for your use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:

Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code
All digital downloads or other materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video) created by Company
Any other form of Company-created information available to you immediately prior to Intensive and during Intensive.

Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal use.

You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.

Any content you and Company create together during Intensive will be deemed work made for hire, and you are free to use this content for your personal or commercial use. However, you understand and agree that any content or works to which Company owns any intellectual property rights predating this Agreement does not in any way transfer to you, even if Company uses such work during Intensive. You understand and agree that you will not in any way own the aforementioned content or works belonging to Company and may not share, distribute, sell, repurpose, disassemble, disseminate, or claim as yours.

CONFIDENTIALITY/NON-DISCLOSURE

During the Intensive, confidential information may be exchanged. You agree to hold this information in the strictest confidence and safeguard it from disclosure and misuse to the fullest extent possible. Confidential information includes (i) all information disclosed between you and Company reasonably considered to be confidential and proprietary, regardless of whether Company has labeled the information as confidential, given the circumstances surrounding the disclosure of the information and (ii) all information labeled or indicated to be confidential by one party to the other party to be confidential, provided that the information was not public at the time of disclosure, (collectively, “Confidential Information”).

You agree not to make use of any Confidential Information unless and until you or Company is required to disclose pursuant to a governmental order. If you or Company is required by law to disclose Confidential Information, the party required to disclose the Confidential Information must provide written notice to the other party of the disclosure as soon as is reasonably possible.

You agree that should you breach this Agreement by disclosing Confidential Information outside of the specific circumstances expressly outlined in this Agreement, or should Company learn of your intent to breach this Agreement by disclosing Confidential Information, Company is entitled to injunctive relief against you to prohibit said disclosure and limit and protect Company from any harm due to the disclosure.

TESTIMONIALS

You agree Company may use a testimonial you provide for any purpose, even commercial. You agree your testimonial may be used in Company’s website, marketing materials, social media platforms or any other platform owned by Company. At your written request, Company will anonymize your testimonial by excluding your personal information.

DISCLAIMER

You understand and agree that Intensive is not business, financial, legal, medical, health or other professional advice. You agree that your participation in Intensive is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Intensive, Intensive materials, and Content is for informational purposes only and should be used at your own risk.

Intensive is not intended to be a substitute for medical advice, and Company encourages you to use any information provided by Company only in consultation with a medical professional. Any supplements, treatment plans, services, nutrition suggestions or lifestyle changes, or any other information recommended by Company is not medical advice, should not be considered medical advice, and is not a substitute for consultation with an appropriate medical professional.

Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Intensive. We are not responsible or liable for any decisions directly or indirectly related to the information provided in Intensive, nor are we responsible for any damages from the use or misuse of information provided in Intensive. You are solely responsible for any decisions you make from the information provided in Intensive.

You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Intensive. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Intensive or from the Intensive materials and/ or Content provided by Company.

You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Company client or Intensive participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.

You understand and agree that Intensive is 60 minutes in duration. As such, Company does not represent or warrant that Intensive can possibly cover every aspect of your current situation or goals. You understand and agree that Company does not represent or warrant that Intensive is a full and complete service.

In addition, you understand and agree that participation in Intensive does not make you a client of Company unless you elect to become a client and engage other services of Company. As such, Company will not store any information you provide as part of Intensive for any duration longer than the minimal amount of time required by law.

WARRANTY

Except as where otherwise indicated herein, Intensive and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Intensive, Intensive materials or Content. You understand and agree that all individuals are different and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Intensive and/or the use of Intensive materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law.

NO TRANSFER OR ASSIGNMENT

You cannot transfer your position as a participant in Intensive without prior written approval from Company. If you are purchasing Intensive for someone else, you must contact Company at hello@livewell-love.com as the person you are purchasing Intensive for must agree to these Terms of Use before beginning the Intensive and/or receiving any Intensive materials.

MODIFICATION

You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible.

LIMITATION OF LIABILITY

BY PARTICIPATING IN AND USING INTENSIVE MATERIALS AND CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SAID PARTICIPATION AND USE. YOU ASSUME ANY AND ALL RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE AND DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OF OR PARTICIPATION IN INTENSIVE, OR YOUR USE OF INTENSIVE MATERIALS AND/OR CONTENT. HOWEVER, IF COMPANY IS FOUND LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF COMPANY AND COMPANY’S AGENTS TO YOU FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS INTENSIVE OR AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY YOU TO COMPANY.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, in law and equity, arising out of your purchase of Intensive, delivery of Intensive, your participation in Intensive, your use of Intensive materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates, excluding any liabilities resulting from the gross negligence or willful misconduct of Company. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.

GOVERNING LAW/DISPUTE RESOLUTION

In the event of a dispute between you and Company that cannot be resolved amicably, you agree to binding arbitration in the closest geographic location to Colorado in United States of America. If for any reason any dispute is not resolved in arbitration, the dispute will be litigated in the courts of the closest geographic location to Colorado in United States of America.

FORCE MAJEURE

Company will not be liable for failure or delay in the delivery of Intensive for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Intensive in any way and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Intensive.

SEVERABILITY

If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use and any policies given to you as part of your participation in Intensive constitute the entire agreement between you and Company with respect to Intensive. These Terms of Use supersede any prior communications or agreements between you and Company.

LAST UPDATED: October 6th, 2024