TERMS OF USE
1. Terms
By accessing the content provided by Gill Lifestyle Medical and Wellness LLC (“School” or “Program”), you, as the recipient of our content and participant in our Program (“Student”), are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
2. Code of Conduct
We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves.
No Illegal Activity: This is about as simple as it gets. Do not use the Teachable Platform or your access to our content and School for any illegal activity.
Be Civil: Please ensure that you remain civil, courteous and polite during your participation in our Program. The tone of emails and phone conversations must also be respectful. Students are not to use obscene, profane, threatening, or disrespectful language or images in any communications with the School or its agents.
No Impersonation: Students shall not impersonate anyone on the Teachable Platform, including Teachable (and its employees), Creators, and Students.
3. School's General Rights In Operating Its Platform
School may modify, terminate, or refuse to provide Services at any time for any reason, without notice. School may also remove anyone from its Program at any time for any reason, solely in School’s discretion. This right is not modified by any other section of this Agreement. Furthermore, School has, in its sole discretion, an absolute right to modify, suspend, or terminate any provision of this Agreement. However, if the School opts to modify, change, suspend or terminate any provision of this Agreement, it shall provide the Students a fourteen (14) day advance written notice allowing the Students to opt out and refuse to accept said changes.
4. Use License
Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
· modify or copy the materials;
· use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
· attempt to decompile or reverse engineer any software contained on the School’s web site;
· remove any copyright or other proprietary notations from the materials; or
· transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the School at any time. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5. Disclaimer
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
THE SCHOOL DOES NOT PURPORT TO PROVIDE ANY MEDICAL SERVICES, MEDICAL ADVICE, DIAGNOSIS, AND ENROLLMENT IN OUR PROGRAM DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP
6. Limitations
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
We require that Students, understand and agree that the Program is offered As Is and may not always be 100% perfect or reliable and that School doesn't warrant or guarantee that it will always be free of errors or defects. This Student agrees as to the following limitations on the School’s liability:
· You agree that the School, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from School’s use of the Teachable Platform.
· School is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
· School does not guarantee that any files available for downloading through its Program will be completely free from viruses or other harmful computer code.
· The Program is provided to the Student on an "As Is, As Available" basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Teachable Platform.
· The School shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the Student’s use or inability to use the Program.
· You agree that the School shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless the School, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the School from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Program.
· You are solely responsible for ensuring that Your use of the Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Program.
· You may not assign Your rights under this Agreement without School's prior written consent.
· Should the School's limitation of liability not be applicable, School's sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Teachable over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
· You agree that any cause of action or claim that You may have against the School must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
7. Privacy
Your use of the Platform is subject to our Privacy Policy.
8. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
9. Links
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
10. Site Terms of Use Modifications
The School may revise these Terms of Use for its website at any time without notice. By participating in the Program you are agreeing to be bound by the Program’s then current version of these Terms of Use.
11. California Civil Code Section 1789.3
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement.
12. Refund Policy
A Student may request a full refund within thirty (30) days after making their payment to enroll in the Program. Any such request must be sent via email to [email protected]. The request should include a reason for the request and proof that all Program related homework was completed in a timely fashion. This refund policy does not apply to Students receiving one on one coaching or Students enrolled in the Monthly Payment Getaway program.
13. Governing Law
Any claim relating to the School’s website shall be governed by the laws of Indiana without regard to its conflict of law provisions. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of Hamilton in the State of Indiana. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
14. Class Waiver
You agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the School and all parties to any such proceeding.