Terms Of Service
These Terms of Use are legally binding. It is your responsibility to read these Terms of Use carefully prior to your use or access of www.hillaryervin.com, 1-1 Nutrition Coaching, DIY Fat Loss, Sports Performance Academy collectively referred to moving forward as PROGRAM(S).
INTELLECTUAL PROPERTY: You understand Hillary Ervin, LLC owns the rights to the materials, paid or free, presented as part of or related to the PROGRAM(S). You are not allowed to reproduce any part of our website, program, products, service materials, or related communications or share these materials with anyone else.
You are receiving a limited, non-transferable, non-exclusive, revocable license to access the content or materials in the PROGRAM. You may access, download, and print the materials as required. You may NOT re-sell or trade your access, share the offering with anyone else, republish the offering in part or in whole, reproduce, edit, remix, alter in part or whole for distribution as your own work, or use our offering in an unlawful way.
DISCLAIMER: You completely understand that Hillary Ervin, LLC services and materials do not constitute or create a doctor-patient, therapist-patient, or other healthcare professional relationship. Further, these services and materials are for educational and informational use
only and shall not constitute medical, legal, tax, or financial advice. You also understand Hillary is not a medical professional, lawyer, CPA, or legal authority and does not protect my business in this regard. You also understand that while the Company makes every effort to make accurate statements and to update content, Hillary Ervin, LLC cannot guarantee that all materials are accurate and up to date. You understand that any use of the materials provided is at your own risk. If you see errors or omissions please let us know at hillary@hillaryervin.co
INCOME DISCLAIMER: You understand that the services, communications, materials, and information provided by Hillary Ervin, LLC are in no way intended to promise health outcomes, sales or income. Health outcomes and actual income results may vary. Your unique circumstances such as your background, field of interest, level of effort, and other factors outside of Hillary Ervin LLC’s control will impact your results. Further, any testimonials shared with You are not indicative of typical performance.
WARRANTY DISCLAIMER: YOU UNDERSTAND THAT ALL PROGRAMS ARE PROVIDED “AS IS” AND WITHOUT A WARRANTY EITHER EXPRESSED OR IMPLIED. WE DO NOT EXPRESS OR IMPLY THAT PROGRAMS ARE FIT FOR A CERTAIN USE, FREE OF ALL ERRORS OR ADMISSIONS, OR FREE OF COMPUTER VIRUSES. WE DO NOT WARRANT OR MAKE REPRESENTATIONS OF THE USE OR THE RESULTS OF DIETITIAN DEANNA, LLC PROGRAMS.
RELEASE OF USE OF IMAGE AND LIKENESS: You warrant and represent that you own the copyright to any materials, including images, that you provide by default or voluntarily related to the PROGRAMS. You grant Hillary Ervin, LLC a commercial license to any images(s), video(s), and content You provide by default or voluntarily as part of the Offering or by Our request. By providing these materials You voluntarily release Your image and likeness which may be used by Us for reasonable future business use. We are not required to notify You or anyone in the photographs of Our use and publication of Your image or likeness that was submitted by default or voluntarily. You have no right to confidentiality unless otherwise explicitly stated in writing.
LIMIT OF LIABILITY: Hillary Ervin LLC will not be held responsible or liable in any way for the information, products, or materials that You receive through or in relation to the PROGRAMS. We do not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access to the PROGRAMS and related materials.
UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE) SHALL HILLARY ERVIN, LLC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH), OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE, OR INABILITY TO USE, PROGRAMS OR RELATED MATERIALS.
IN NO EVENT SHALL THE OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING LEGAL FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR. UNDER NO THEORY OF LIABILITY SHALL OUR LIABILITY EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS PROGRAMS OR $200.
INDEMNIFICATION: You agree to indemnify and hold harmless Hillary Ervin, LLC and its employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to the PROGRAMS, including legal fees and expenses.
ASSUMPTION OF RISK: By accessing the PROGRAMS or any other materials provided free of charge, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
REFUNDS: You understand that all program purchases with Hillary Ervin, LLC are refundable up to 14 days after purchase. After 14 days, Our PROGRAMS are non-refundable.
PAYMENT PLAN AND LATE PAYMENTS: Fees for this program are due in full or, if You signed up for a payment plan, according to Our payment plan. By signing up for a payment plan, You authorize Our continued access to Your financial information stored by Our third-party financial processing company, Stripe, until Your payment plan is complete. Late payments are subject to a 3% interest charge per month for any outstanding sum left unpaid. For all payments that are more than 60 days outstanding, Hillary Ervin, LLC reserves the right to send You to collections, upon which You will owe the total amount of all outstanding payments, plus any collection costs including reasonable legal fees. You understand that certain payment plans last longer than the duration of the PROGRAMS, and if you signed up for one of these 3-, 6-, 8-, 10-month, or longer payment plans they will continue despite the completion of the program. In the event you chose to dispute a transaction with your financial institution, we reserve the right to present proof of Your access to the PROGRAMS and these Terms of Use to the financial institution investigating the dispute.
FORCE MAJORE: Hillary Ervin, LLC may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the company that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms, infestation, plague, or other similar occurrences), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of Hillary Ervin, LLC such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
GOVERNING LAW: The laws of Florida govern all matters arising under or relating to this Agreement, including torts.
NOTICE: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via email at hillary@hillaryervin.co.
SEVERABILITY: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.
MERGER: This Agreement constitutes the final, exclusive agreement between the Parties on the matters contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
AMENDMENTS: The Parties may amend this Agreement only by the Parties’ written agreement with proper Notice.
ASSIGNMENT: Neither Party may assign or subcontract any rights or obligations in this Agreement without proper Notice, unless otherwise provided in this Agreement.
TITLES: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.
DISPUTE RESOLUTION: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorized entity, such as the American Arbitration Association, in accordance with its Commercial [or other]
Arbitration Rules. Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.
