AGREEMENT TO TERMS & CONDITIONS

Welcome to www.vivianweissman.com (the “Website“). The Website is owned and operated by Vivian Weissman Inc. (the “Company”). By using our website (“Site”) or placing an order, you accept and agree to be bound by these Terms and Conditions (“Terms and Conditions”) and our Privacy Policy.

This document also contains terms and conditions of your purchases and receipts for our goods and services as well as payment information and refunds on purchases. THESE TERMS APPLY TO ALL of our goods and services made on vivianweissman.com.

By clicking “I Agree to the Terms & Conditions” entering your credit card information or otherwise enrolling electronically, verbally, or otherwise in course you (“Client”) are entering in a legally binding agreement with Vivian Weissman Inc. (the “Company”) according to the following terms and conditions.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND THE FOLLOWING TERMS OF USE AND DISCLAIMERS BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE OR REFUSE TO ACCEPT THE TERMS, YOU WILL NOT BE PERMITTED TO USE THE SITE OR ORDER OR USE ANY OF THE COMPANY PRODUCTS, GOODS OR SERVICES. THIS INCLUDES ANY OR ALL CONSULTING SERVICES AND THIRD PARTY PRODUCTS AND SERVICES.

SITE USE

By using our Site you must be 18 years of age or older.

Vivian Weissman Inc. and our Website makes no claims that our Site or any of its content is accessible from outside the United States. Should you access our Site outside of the United States, you do so on your own initiative and are responsible for compliance with our local laws. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes.

Each time that you use the Site or place an order for our current and future goods and services or browse our Site, you confirm your acceptance of the Terms and Conditions and are hereby bound. You are responsible for staying up to date with all of our Site changes and Terms and Conditions and Privacy Policy.

REFUNDS

We do not offer refunds or exchanges on our digital, on demand products, downloadable products, promotions, trials, subscriptions and memberships. This includes any tickets purchased for events, seminars, workshops or coaching and consulting services packages.

You are responsible for deciding if our products and services are right for you before making a purchase. This is why we offer you free tools and training on our Site so that you can make an informed decision. You cannot participate through our entire program and then decide to ask for a refund. All sales are final and non-transferable.

GUARANTEE

Our programs are intended to help you make your own decisions so that you can live a happier and healthier lifestyle. As stipulated by law, we can not and do not make any guarantees about your ability to get results. Your level of success is dependent on a number of factors and we can not give professional, medical or legal advice. We don’t know you and your background, so you have to take 100% responsibility for your actions and decisions when you purchase anything on our Site or third party affiliates.

Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results. Use caution and always consult your physician before starting any weight loss program, diet or exercise plan.

PROGRAM ELIGIBILITY

Must be of 18 years of age or older to be eligible to purchase our goods and services.

By using our Site you represent that you are of legal age and accept all Terms and Conditions. All information on the Sites is intended for your general knowledge only. We and our licensors or suppliers make no representation or warranties concerning any treatment of any products, goods and services. You acknowledge by using our Site that these statements have not been evaluated by the food and drug administration and products you purchase through our Site and our affiliated third party is not intended to diagnose, treat, cure or prevent any disease.

PROGRAM DISQUALIFICATION & HEALTH INFORMATION

People with these certain conditions may not be eligible for our programs or coaching packages; these include but are not limited to (a) are pregnant or nursing, (b) have serious health conditions that require medical attention, (c) taking any kind of medication, (d) have an eating disorder; anorexia, bulimia, severely overeating, binge eating disorder or any that may apply related to the National Institute of Mental Health article, (e) have allergic reactions to soy, peanuts, milk and gluten.

You are responsible for contacting your physician before starting any weight loss management and exercise program, diet plan or taking any dietary supplement. We also have the right to terminate your account if our goods and services are not a good fit for you.

NO SUBSTITUTE FOR MEDICAL TREATMENT OR PROFESSIONAL ADVICE

WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL.

DISCLAIMER & WAIVER RELEASE AGREEMENT

BECAUSE ANY WEIGHT LOSS OR HEALTH MODIFICATION PLAN CAN RESULT IN SERIOUS INJURY, OUR SITE URGES YOU TO OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR BEFORE USING ANY WEIGHT LOSS PRODUCTS OR SERVICES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES IN DIET INCLUDING THE USE OF FOOD SUPPLEMENTS, WEIGHT REDUCTION AND/OR BODY BUILDING ENHANCEMENT PRODUCTS ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.

ALL INFORMATION ON THE SITES IS INTENDED FOR YOUR GENERAL KNOWLEDGE ONLY. WE AND OUR LICENSORS OR SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES CONCERNING ANY TREATMENT OF ANY PRODUCTS. YOU ACKNOWLEDGE THAT THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND PRODUCTS YOU PURCHASE THROUGH US AND OUR AFFILIATED THIRD PARTY IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

COACHING ELIGIBILITY

Must be of 18 years of age or older to be eligible to purchase our coaching and consulting packages.

People with these certain criteria may be eligible to apply to our coaching program and packages; these include but are not limited to (a) fulfill the coaching agreement and recommendations, (b) meet our health information and program eligibility, (c) have a strong desire and need to lose up to 20 pounds, (d) access to a gym membership, (e) ability to workout at least five (5) days a week for at least 30 minutes a day. We also have the right to terminate your account and application if our goods and services are not a good fit for you.

Failure to meet the following eligibility results in immediate termination of agreement of services.

COACHING DISCLAIMER AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND THE FOLLOWING TERMS OF USE AND DISCLAIMERS BEFORE ENTERING INTO A LEGALLY BINDING CONTRACT.

THE SITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

You also agree that all the information you provide is accurate at all times and not misleading in any way. This includes all information collected in your application for coaching and the duration of your coaching agreement. You accept that communication with us will be mainly electronic or stated otherwise and any changes to your agreement must be stated in writing.

TERMINATION AGREEMENT

Company has the right to terminate Client access to the Site or any of our affiliated Sites for any reason without limitation including coaching and consulting services. If we consider Client use on our Site is unacceptable, and not conforming to these Terms and Conditions, we will indefinitely suspend current or any future services immediately. If Client is in arrears of payment or otherwise in default of this Agreement, the Client shall not be permitted to use or receive any of the Company’s services or to participate in any Program.  The Company shall be allowed to immediately collect all sums due from the Client and to terminate this Agreement without providing further services to the Client.

INDEMNIFICATION

You agree to hold us and our affiliates, representative harmless from any damage, loss, cost or expense (including without limitation attorney’s fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Website or your violation of these Terms. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Notwithstanding anything to the contrary herein, you may not settle, compromise or in any other manner dispose of any Claim without our consent.

WARRANTIES

The Sites and/or Site and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. We makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Sites and/or Site. Company cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. We cannot and do not guarantee or warrant that files available for downloading from these Sites and/or Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Company cannot and does not guarantee or warrant that any content you post on the Sites will remain on the Sites. We do not warrant or guarantee that the functions or services performed on the Sites and/or Site will be uninterrupted or error-free or that defects in the Sites and/or Site will be corrected. The Sites and/or Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of our Site. Company not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LIMITED LIABILITY

COMPANY AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS) ARISING FROM YOUR USE OF THE SITES AND/OR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITES AND/OR SITE. THIS INCLUDES PERSONAL INJURY, DAMAGES FOR HEALTH-RELATED ISSUES (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.


PROGRAMS, GOODS & SERVICES

The Get Fit Nutrition™ program offered on our Site is a customized weight loss management program designed to help individuals develop the habits to lose weight through proper nutrition and exercise. Our customized plan focuses on the individual’s overall fitness goals and provides them a step-by-step plan to achieve their goals based on a realistic and healthy time frame. As a general guideline, our program recommends the use of taking a balanced multivitamin for optimal health.

Consult your physician before starting our programs or any other weight loss program, as changing your diet or exercise may affect some medical conditions or medications. By using the Site you are aware that it’s your responsibility to do your own research and be aware of certain risks that have been associated with weight loss. Failure to follow the guidelines recommended by your doctor may increase the risk of developing serious health complications.

IF YOU ARE UNSURE IF THIS PROGRAM IS FOR YOU, DO NOT USE OUR SITE OR PLACE AN ORDER FOR ANY OF OUR PRODUCTS, GOODS AND SERVICES.

WEIGHT LOSS & NUTRITION PACKAGES

All of our Get Fit Nutrition™ programs contain an assortment of meal recommendations based on flexible dieting and carb-cycling. The general guidelines provided is designed to jumpstart the users weight loss journey based on users profile responses. Thus, we encourage all of our users to provide accurate information when creating their profile. It is recommended to continue with our nutrition program for at least 28 days to build the habit of healthy eating and understanding of proper nutrition combined with daily exercise.

Carb-cycling: A portion controlled diet composed of clean eating and alternating carbohydrate days. This is mainly used for reducing fat loss and boosting your metabolism.

Flexible Dieting: Commonly known as If It Fits Your Macros (IIFYM) is based on tracking your macronutrients. Macronutrients are a composite of your daily intake of carbohydrates, protein, and fat in order for the human body to function properly.

COACHING SERVICE AGREEMENT: OUR OBLIGATION

Our programs are intended to help you make your own decisions so that you can live a happier and healthier lifestyle. Our programs take a lot of work and just any worthwhile endeavor or professional continuing education program.  Please don’t enroll in our programs if you believe in the “something for nothing” or the “magic pill or miracle diet program” myth or ideology; we only want serious people dedicated to real professional development who want to improve on themselves. As stipulated by law, we can not and do not make any guarantees about your ability to get results.

YOUR LEVEL OF SUCCESS IS DEPENDENT ON A NUMBER OF FACTORS AND WE CAN NOT GIVE PROFESSIONAL, MEDICAL OR LEGAL ADVICE. WE DO NOT KNOW YOU AND YOUR BACKGROUND, SO YOU HAVE TO TAKE 100% RESPONSIBILITY FOR YOUR ACTIONS AND DECISIONS WHEN YOU PURCHASE ANYTHING ON OUR SITE OR THIRD PARTY AFFILIATES.

Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future results and we do not offer any legal, medical, or other professional advice. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

CONFIDENTIALITY

We acknowledge that in the duration of the coaching program, we will have access to your confidential information and agree not to disclose any of your information to a third party. This restriction does not apply to any prohibited or illegal activities that may harm you or others. Please refer to the Prohibited Activities On Site for more information.

IN PERSON SESSIONS: IF APPLICABLE

When you commit and decide to purchase any of our products and programs, you are reserving our time to serve you. Rescheduling or no-shows directly affects how many clients we can serve through our coaching programs and packages. For that reason, we ask for you to honor your commitment and show up to every appointment scheduled.

If you need to cancel an in-person session with us, provide us with at least a 72 hour notice before your scheduled appointment. Failure to comply with our terms will automatically disqualify you from receiving a full refund of the purchase price. Failure to comply will result in immediate termination of coaching and consulting services to Client.

TELEPHONE SESSIONS & GROUP SESSIONS

We promise to fully honor our coaching appointment and we expect the same. Chronic lateness and no-shows is not tolerated under any circumstances. You acknowledge that we have the right to terminate our coaching relationship at any time without notice. No refund issued for rescheduling, no-shows or failure to attend our telephone calls and group sessions.

TELEPHONE & CALL RECORDING

Upon signing up for the program, you will be asked to create a user, password and telephone number at which we can reach you. All calls to and from us may be monitored or recorded for quality and training purposes, and record keeping purposes.

ONLINE SESSIONS

All of our online programs and sessions are held on a third party server. We shall not be liable if for any reason our programs are unavailable at any time, or certain files and data cannot be restored.

You are entirely responsible for maintaining confidentiality of your user and password when you create your account. Furthermore, if we feel that you have violated our terms and conditions, we have the right to disable your user access or any user access or identifier chosen by you or the Company. We are not liable for any reason for withholding any service or material provided on the Site, including interruption of service or Site unavailability. The same applies to any unauthorized user who has access to your account and you will be held responsible to indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized user of your account.

COACHING CANCELLATION POLICY

Once you have agreed to purchase our coaching packages, we make extensive arrangements and investments to serve you. Our time is valuable, and so is yours. Given this fact, we do not accept cancellations or issue refunds after you have purchased any of our coaching packages. Again, this is due to the extremely limited space available and how many clients we can serve in our program(s).

You are held responsible for deciding if our services are right for you. IF YOU ARE UNSURE OF WHETHER OR NOT YOU CAN COMMIT TO OUR COACHING PROGRAMS OFFERED ON OUR SITE, DO NOT REGISTER FOR OR PURCHASE ANY OF OUR SERVICES.

Note: The reason we have a cancellation policy like this is because each coaching package we offer sells out and when a client cancels we have to manage the administration challenges as well as gear up the marketing machine to fill the spot, which includes crafting marketing messages, creating emails, postcards, mailings and involving Vivian Weissman’s time. That’s why we do not issue refunds. It really does cost us substantial time and resources to process and refund a payment, to refund the promoter or affiliate from which the client signed up, to communicate all this with Vivian Weissman and the client and the promoter. Given the number of our clients that we serve, it’s important for us to maintain this policy. This is our only method to ensure that serious participants signup and that we do not lose business on empty spots. Clients must be certain that they will commit to our coaching packages at given registration date before making a final decision.


PAYMENT METHOD

By placing an order with us for our products, good and services you authorize that you are 18 years or older. Purchases can be made using your debit card or credit card. We accept the following methods of payment: Visa, MasterCard, AMEX, and Discover.

Please note: Debit cards and check cards that have daily spending limits may substantially delay the processing of your order. Credit Card Security Codes- We may require the credit card security code for your credit card for any telephone or online purchase. The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover). Asking for and confirming your credit card’s security code helps validate that you – and only you – are in the possession of your credit card and protects you from unauthorized use of your account.

RECURRING PAYMENTS

Our nutrition plans and coaching packages are available for purchase on a one-time basis. Auto-delivery may be available on our dietary supplement purchases. You are automatically charged for your product selection and shipping every 28 days unless you cancel. No refund will be issued for any subscription or auto-delivery after order has been placed.

RECURRING PAYMENTS FOR TRIALS OFFERS

Our trial nutrition plans are available for purchase on a recurring basis. Each program offered on a trial basis is separately billed. You are automatically charged for your trial/subscription selection every 28 days unless you cancel. Auto-delivery cancellations must be made 48 hours before billing date if you no longer wish to be subscribed to our auto-delivery service. No refund will be issued for any trial/subscription or auto-delivery after order has been placed.

RECURRING TRANSACTION AUTHORIZATION

By providing your payment information, you are authorizing and consenting all trial/subscription plans to be automatically charged every 28 days, until you cancel within the proper time frame.

PRODUCT PRICES

Prices of our products, goods and services may change from time to time. Orders that have been confirmed will not affect price change. By placing an order on our Site you accept our Terms and will not be issued a refund if our products are priced in error or a promotion deal. The Sites and/or Site and the content are provided on an “as is” and “as available” basis which includes all prices for products, goods and services.

Coaching packages may change in price without notice. By using our Site you agree to these Terms and will not be issued a refund if prices change without notice.

PLACED ORDERS POLICY

Prior to placing an order for any of our dietary supplements, check carefully the ingredients and nutrition facts for any food allergies or other particular ingredients. This includes all items, dietary supplements or product recommendations that may have been manufactured in a facility that also processes: milk, fish, eggs, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans. Company and our Site is not liable for any unavailable products or discontinued products offered or recommended. Although we take every measure to ensure to have sufficient inventory for product recommendations, availability of product(s) may change without notice.

PURCHASE CONFIRMATION

We will send you a confirmation of your order via email if you have included an email address with your order. If you have purchased via our Site, you should get an order confirmation.

PURCHASED PRODUCTS POLICY

By using our Site or affiliated Sites, you agree not to resale our products, goods and services for any reason. Resale or redistributing any material on our Site even for business purposes are strictly prohibited. You also agree that you are 18 years or older if you purchase any of our products. Failure to provide accurate information will prohibit you to use our Site now or in the future if you refuse to agree to our purchase Terms and agreements.

SHIPPING POLICY

After an order has been placed, please allow 1-2 business days for processing your order for any physical products. Any physical products, goods and services that require shipping will ship within three (4) to five (7) business days. The carriers that may be used are: U.S. Postal Service (USPS), United Parcel Service (UPS) or Federal Express (FedEx). We do not accept P.O. Boxes for shipping addresses.

RETURN POLICY

We do not offer refunds or exchanges on our digital, on demand products, downloadable products, promotions, trials, subscriptions and memberships. This includes any tickets purchased for events, seminars, workshops or coaching and consulting services packages.

You are responsible for deciding if our products and services are right for you before making a purchase. This is why we offer you free tools and training on our Site so that you can make an informed decision. You cannot participate through our entire program and then decide to ask for a refund. All sales are final and non-transferable.

For any item(s) that were purchased in error, please email us your receipt of the product purchased within 24 hours with an your reasoning for canceling. Once we receive the email, we will send you a confirmation of a refund. Please allow proper time for the balance to reflect on your bank institution.

Coaching packages that have been purchased and paid in full are not eligible for a refund for any reason. We also have the right to terminate the coaching relationship without notice.


PROTECT YOUR ACCOUNT

You are entirely responsible for maintaining confidentiality of your user and password when you create your account. Furthermore, if we feel that you have violated our terms and conditions, we have the right to disable your user access or any user access or identifier chosen by you or Company. We are not liable for any reason for withholding any service or material provided on the Site, including interruption of service or Site unavailability.

PROHIBITED ACTIVITIES ON SITES

The following are lists of code of conduct that are prohibited on the Site. We have the right to investigate and take appropriate legal action against anyone who, in Company sole discretion, engages in any of the prohibited activities on the Site.

These activities include, but are not limited to:

  • Posting advertising or solicitations of business;
  • Posting chain letters or business opportunities such as MLM or pyramid schemes;
  • Posting information outside our Site that infringes the intellectual property rights, privacy rights, trade secrets, program processes, or any other right.
  • Posting information on all social media platforms that infringes the intellectual property rights;
  • Distributing certain links that contain viruses or harmful computer code;
  • Collecting information about others including email and address without their consent;
  • Allowing any other person or entity to post or view comments for you, including impersonating others with malicious intent;
  • Continuing to disrupt the normal flow of dialog or posting comments not related to the topic;
  • Posting “spamming” comments and stalking or abusing any person;
  • Posting material that is unlawful, obscene, threatening, harassing, abusive, hateful or embarrassing to any other person. Company takes no responsibility for monitoring such content or in evaluating it.
  • Attempting to gain unauthorized access to any parts of our Sites, the server on which the site is stored or any server, computer database connected to the Site.

DISCLOSING INFORMATION: TERMINATION

Company has the right to terminate your access to the Site or any of our affiliated Sites for any reason without limitation. If we consider your use on our Site is unacceptable, and not conforming to these Terms and Conditions, we will remove all user comments and account access. We also reserve the right to disclose your information including personal identity and other personal information to any third party who claims the material posted by you violates their rights which includes intellectual property rights or their privacy rights.

BY USING OUR SITE, YOU WAIVE, AND HOLD HARMLESS COMPANY FROM, ANY CLAIMS RESULTING IN ACTION TAKEN AS A CONSEQUENCE INVESTIGATION BY ANY LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

POSTED CONTENT BY YOU

Content posted by you includes, but are not limited to our various social media pages. You may only post content that you have permission to post. You may not distribute content that is intellectual property, copyright content, other third party content or violates our Terms and Conditions.

Any content that is posted by you on our Site is considered non-confidential and non-proprietary. You should proceed with caution and choose carefully what you post on social media or our Sites. You may not post content that is malicious or may be used for any malicious intent. This includes personal identity, addresses, phone numbers, email and any photographs containing nudity or violence.

By submitting or posting content to the Sites, you grant Company its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Sites, Company will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Our Site and Company owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Company, using or incorporating content posted to the Sites.

POSTED CONTENT BY OTHERS

Company is not responsible for, and does not endorse, content in any posting made by others on the Sites. You are solely responsible for your reliance on anything posted by others on the Sites. Under no circumstances will we be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance of any content posted by a third party on the Sites.

COMPANY INTELLECTUAL PROPERTY

The entire contents of the Site or Sites are copyrighted as a collective work under the laws of United States and other copyright laws. We holds the copyright in the collective work. The collective work includes works which may be property of other members. Any redistribution, re-transmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site or Sites.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site.

You must not (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Company any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

TRADEMARKS

The Company name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. This includes logos and names of our Site. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

COPYRIGHT PROTECTION

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Company (as set forth below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number, and e-mail address.
  • A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

CONFIDENTIALITY AND NON-COMPETE

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

ELECTRONIC SIGNATURE AGREEMENT

By purchasing any of our products, goods and services on our Site, you understand that a digital/electronic signature constitutes and has the same effect as a written signature. You also consent to be legally bound by our TERMS OF ACCEPTANCE and TERMS & CONDITIONS when placing any order on our Site. This includes all coaching packages and programs that are offered. IF YOU ARE UNCERTAIN ABOUT OUR ELECTRONIC SIGNATURE POLICY, DO NOT PLACE AN ORDER OR PURCHASE FROM OUR SITE.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SUBMISSIONS

You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content.We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

LINKS ON SITE

If you choose to access any of the third party websites linked to this Site, you do so entirely at your own risk and are subject to those terms and conditions. If our Site contains other links, including affiliate links and resources provided by third parties, it may be sponsored links which we are compensated for. You should perform your own due diligence and use your own best judgement before visiting sponsored or affiliated links on our Site. You agree that you are fully responsible for all outcomes that may results from purchasing certain products from third party, vendors, suppliers and affiliate links.

NOTICE

Company may deliver notice to you under these Terms and Conditions by means of electronic mail, or a general notice on the Site. We may update content from this Site from time to time, but are in no obligation to update all material. You may contact our legal department by emailing us.

For further contact email: hello@vivianweissman.com

Updated: January 11, 2018