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.