for Designed Sealed & Delivered
Terms and Conditions
Designed Sealed & Delivered is a membership platform and program delivery program (“Platform”) that is owned and operated by The Health Coach Group, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website or purchaser and/or user of the Platform.
These Terms and Conditions (“T&C”) share how you may use this Platform, and address security, intellectual property rights, and other terms.
Please read these T&C carefully because just by purchasing, accessing and/or using the Platform you are agreeing to be legally bound by them. You are also agreeing to be bound by all of the terms set forth on all of our Website and sales pages for the Platform. Please take the time to read through these T&C, and if you have any questions, just ask.
Just so you know, we reserve the right to change these T&C from time to time, and by using the Platform you are agreeing to the T&C as they appear, whether or not you have read them. Thus, if at any time you do not agree with these terms, please stop now and do not use the Platform.
Use and Consent
The Platform is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Platform or our Website by anyone under 13 is unauthorized, unlicensed and in violation of these T&C. By accessing or using the Platform or our Website, you represent and warrant that you are 13 years or older and that you agree to and to abide by all of our T&C.
We try to ensure that the Platform availability is uninterrupted and that our Website, downloads, and communication with you, as applicable, will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services; although, of course, we will try to limit the frequency and duration of any suspension or restriction.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information related to program delivery or in connection with the Platform for any particular purpose.
Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific and health-related research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in the Platform or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Platform, or in documents referenced by or linked to the Platform.
We take every precaution to protect our users’ information. When users submit sensitive information via the Platform, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Intellectual Property Rights
Our Limited License to You. The Platform and all the materials available through it are our property and are protected by copyright, trademark, and other intellectual property laws, and unless otherwise indicated, belong to us.
The content, layout, design, data, databases and graphics in this Platform are protected by United States intellectual property laws. Content is solely owned by us, unless otherwise indicated.
The Platform material is fully copyrighted, all rights reserved, but we are granting you a limited license with permission to freely use the following information in your business provided you do so in accordance with these T&C.
If you purchase or access any materials through this Platform, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for limited commercial use only, limited to you only.
You are being granted a limited license to use the Platform with permission and restrictions. This means that when you purchase the Platform, you are purchasing the limited right to use the Platform as provided by The Health Coach Group, LLC. You may only use the Platform materials or this Website in a manner that does not constitute an infringement of our rights or has not been authorized by us.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that the Platform has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
You are expressly FORBIDDEN to do the following:
(1) When you purchase the Platform, you expressly agree that you will not provide back-end access to your account, or resell, steal our content or share it with any other health coach without our express written permission. You may not provide access to, duplicate, share, or sell any information obtained in conjunction with or through the Platform with other health coaches or holistic practitioners for their personal, commercial or business use, whether it was known to you or not at the time that you shared the information that their intention was to use the Platform in their own health coaching business. This is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law. Unauthorized use of the Platform or this Website may give rise to a claim for damages and/or be a criminal offence.
Only those who have purchased the Platform from us are eligible to use it. Unless otherwise explicitly authorized in these T&C, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) the Platform itself, any material obtained through this Platform that was generated by us, or obtained in connection with the Platform on a corresponding private Facebook group page, audio or video recording, or teleseminar call to any other health coach or holistic practitioner for commercial use or in a way that earns them money.
Any health coach or holistic practitioner who intends to use the Platform for his/her own commercial use in their business is required to become an customer or affiliate of The Health Coach Group, LLC. If you obtain or receive knowledge that another health coach intends or uses the Platform information for commercial use or in their business, you agree to report them to us immediately to sign up as an affiliate. Providing back-end access to your Platform account, or failing to report them may be considered theft or stealing by you, as well as by the other health coach, and therefore you would be acting without permission and directly contrary to, and in violation of, the limited license you have been granted herein.
(2) By purchasing or using this Platform for your own health coaching practice in no way gives you any copyright or ownership rights of that material contained in the Platform. In addition, you may not remove any copyright or trademark notices from the Platform.
Unless otherwise explicitly authorized in these T&C, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) for commercial use, or for use in any way that earns you money, any material purchased through this Platform or obtained on or through our Website in any way, including but not limited to, a password-protected or public Website page, audio or video recording, handouts, seminars, teleseminar calls or social media group page.
You are prohibited from copying, editing or using any information produced by The Health Coach Group, LLC describing, promoting or marketing the Platform contained on any sales page, website page, e-mail, video, or any other correspondence belonging to us.
You are forbidden from using, copying, modifying or stealing any photos, collages, banners, text, descriptions and/or any other information owned and developed by us through any sales page, website page, e-mail, video, or any other correspondence you may receive, unless we give you prior written permission.
This is considered stealing copyrighted and proprietary information that belongs to us. If you are in doubt about what you can and cannot use, please contact us at [email protected]
The trademarks and logos which are displayed on the Platform are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written permission.
For our trademarks and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any title or information of ours bearing the trademark (™ or ®) symbol may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us through the Platform, our Website, or private Facebook group page, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and you are thirteen (13) years of age or older.
In addition, when you submit or post any material in any way affiliated with our Platform, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This includes waiving any proprietary rights in such posting of submission, including, but not limited to, your right under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
By purchasing a Platform membership, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with the Platform, in any current or future programs, products or services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever.
Links to External Websites or Use of Social Media. From time to time our Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other third party website(s) of interest easily. In no way are we formally endorsing these third party websites in any way.
You should exercise caution and look at the privacy statement of the third party website or social media sites you are visiting or using. Once you have used these links to leave our Website, you should note that we do not have any control over that other third party website or social media. We bear no responsibility for the content of the linked website(s) or social media websites and we accept no liability for any of the views, facts, opinions, or references used therein whatsoever. Information posted on this Website related to this Platform or linked to a third party website, may express a perspective which may or may not necessarily reflect our views and we are not liable in any way for their correctness, accuracy, timeliness, reliability or otherwise, or lack thereof.
As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Platform, which is done at your own risk. You also agree to our full Disclaimer on our Website.
Your use of any information or materials through the Platform accessible on or through this Website or otherwise is entirely at your own risk, and at your clients’ own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using the Platform. We are not responsible in any way for any interruptions or lost income to your business as a result of any delays, planned Platform maintenance, unexpected Platform maintenance, Platform disturbances, or any other cause related to the Platform. You assume responsibility for your choices, actions, use or nonuse of any of the information in the Platform, and you acknowledge that you are using, or not using, the Platform at your own risk.
The content obtained on or through this Platform is designed by medically trained individuals. However, we explicitly state that the information provided to you is not diagnosing or treating a physical or mental health problem or disease, or prescribing medication, or other treatment in any way whatsoever. Nothing contained in the Platform is intended to be a substitute for the medical diagnosis or treatment that can be provided by your own physician, mental health provider, or another qualified health care professional. You always should seek the advice of your own physician, mental health provider, or another qualified health care provider regarding any specific medical condition pertaining to you.
You acknowledge that we have not and do not make any representations as to the health benefits whether physical, mental, emotional or spiritual, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of using this Platform.
We cannot and do not guarantee that you will attain any particular result, and you accept and understand that results differ for each individual.
We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through the Platform that they purchase directly from you.
THE INFORMATION IN THE PLATFORM OFFERED ON OR THROUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OF ANY KIND AS TO THE RESULTS, ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PLATFORM FOR ANY PURPOSE, THAT THE PLATFORM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Platform, including by your use or inability to use any information obtained on or through the Platform, any websites linked thereto, and/or any material posted on the Website, private Facebook group page, or in any other way through the Platform by us or by others, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Indemnification and Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall anyone related to The Health Coach Group, LLC or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Platform, including its materials or third party materials made available through the Platform, even if we are advised beforehand of the possibility of such damages.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Platform participant or user, including but not limited to you and your clients.
These T&C require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Platform that you are waiving certain legal rights and you are voluntarily agreeing to do so.
You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us. You are also responsible for any content that you post or transmit and you are responsible for all content posted or transmitted through or by use of your Platform account.
Prohibited Use and Conduct. You agree to use the Platform and Website for lawful and approved purposes only. You are prohibited from doing the following, as determined in our sole discretion:
• Sending, posting, using or adding in any way material or content that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, or is otherwise injurious to third parties, including any material being used in any way and to any degree for racial vilification, sexism, ageism, religious intolerance, or in any other way to harm, offend, or disrespect any other person or cause them emotional and/or psychological harm
• Causing annoyance, inconvenience or needless anxiety in any way whatsoever
• Acting in any way with fraudulent purposes or in connection with a criminal offence or otherwise using any aspect of this Platform or Website to carry out any unlawful activity
• Impersonating any third party; posting content through the Platform or our Website on behalf of another person or permitting, enabling, inducing or encouraging any third party to post content for you; misleading as to the origin of your content as anything other than your own
• Sending, posting, using or adding in any way any material or content which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam; circumventing any technological measure implemented by us to restrict the manner in which content may be delivered through the Platform or posted on our Website or to regulate the manner in which content (including but not limited to email) may be transmitted to others
• Using or causing the Platform or our Website or access to either to be interrupted, damaged or impaired in any way.
• Reproducing, duplicating, copying or reselling any part of our Platform, Website or the content therein in a way that infringes any of our intellectual property rights or that is in contravention with these T&C or any other agreement with us in any way
Online Commerce and Payments
If paying by credit card through PayPal or InfusionSoft, you give us permission and authorization to automatically charge your credit or debit card as payment for your Platform membership for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.
You also agree to all of the terms as shown on the sales page used to purchase the Platform membership.
In the event that payment is not received by the date due, whether paying in full or by installment, your Platform membership will not continue and your access will be immediately terminated for non-payment. In addition, a $30 fee will be automatically charged to your credit card for termination as a result of non-payment, and you will also be responsible and liable for any costs incurred for collection of any payment that you still owe to us.
You agree to only purchase this Platform membership for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
When you purchase the Platform membership, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Platform for legitimate, personal, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of this Platform.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
Your satisfaction with your Platform is important to us. If you purchase this Platform membership and don’t absolutely love it, let us know and we will cheerfully refund your payment in full.
To receive the refund:
(1) You must email us at [email protected] attaching your receipt (PayPal or Infusionsoft)
(2) State your reason for seeking a refund.
(3) Include a note confirming that you have not downloaded or printed out any of the Platform materials, and that you will not use the Platform or try to gain access to it in the future.
(4) You must request your refund and provide the above information within 24 hours of purchase.
All T&C set forth herein, and all copyright, trademark, and intellectual property rights remain indefinitely, even after a refund is provided.
We reserve the right in our sole discretion to refuse or terminate your access to the Platform and/or our Website, private Facebook group page, e-mail communications, or any other method of communication related to the Platform at any time without notice. Should you wish to terminate your Platform membership by seeking a refund, these termination terms will apply to you as well.
In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Platform or our Website, private Facebook group page, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to the Platform and all of the disclaimers and limitations of liabilities set forth in these T&C, shall survive such termination of your access and apply in full force.
It is hoped that should we ever have any differences, we could be able to work them out amiably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, or the Platform. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If you have any questions about any term of these T&C, please contact us at [email protected] Thank you.
Submission, Storage and Sharing of Personal Data
What We Collect. We may seek personal data including your name, e-mail address, business name, business website URL, photo, and other personal and/or business contact information when you purchase or use the Platform. By providing such information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep such information safe and secure. We may collect the following information: (1) name and job title, (2) contact information including email address, (3) demographic information such as location, preferences and interests, (4) information relevant to customer surveys and/or offers, (5) information that you provide through your Platform membership. If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.
What We Do With the Information We Gather. We request and require various personal data to understand your needs and provide you with a better service. In addition, we may gather such information for the following possible reasons: (1) internal record keeping, (2) to improve the Platform, (3) to periodically send promotions about new Platforms or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for market research purposes, and/or (5) to customize the Platform, if additional technology support or service has been purchased.
Storage. All information is stored through a data management system. This information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledged that The Health Coach Group, LLC and those who manage the data management system may have access to your personal and/or business information.
Viewing by Third Parties. Note that whenever you make your personal information available for viewing by third parties through the Platform, such as on or through our Website or a private Facebook group page, the information you share also can be seen, collected and used by third parties, and therefore, we cannot be responsible for any unauthorized third party use of such information that you voluntarily share online or in any other manner.
Like most companies, we use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Platform.
To use the Platform, you may be issued a unique or group username and password, which you will receive through your registration and/or purchase process. We may generate the password or give you the authority to create your own password. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.
You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Platform, Website and/or private Facebook group.
It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
By using the Platform and purchasing a Platform membership, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account.
We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.