Terms & Conditions
This agreement (hereinafter, the “Agreement”) between Joyful Tri Girl Coaching, (hereinafter, “Joyful Tri Girl Coaching”, “us”, “Joy Braun,” or “we”) and you sets forth the terms and conditions which govern your use of any of the Joyful Tri Girl Coaching or Joyful Tri Girl Coaching sponsored websites (hereinafter, the “Sites”) and/or the services (hereinafter, the “Services”) thereon which are provided by Joyful Tri Girl Coaching or Joy Braun.
Please read this agreement carefully before accessing or using any of the sites and/or services related to us. By accessing or using the sites and/or services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the sites or services and should immediately cease such use. Joyful Tri Girl Coaching may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be achieved by posting the modified agreement on the site or via e-mail. Your use of any of the sites and/or services following such notice shall indicate your acceptance of such changes. You agree to review the agreement periodically to be aware of any such changes and/or modifications. Your continued access or use of the site and/or services shall be deemed your conclusive acceptance of the modified agreement. If we request, you irrevocably agree to sign a non-electronic version of this agreement.
Neither Joyful Tri Girl Coaching nor its directors, officers, employees, contractors, agents, or sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive, or other damages under any contract, negligence, strict liability, or other theory arising out of or relating in any way to (i) the use of or inability to use the sites or the services; (ii) any content contained on the sites and/or the services; (iii) statements or conduct posted or made publicly available on these sites and/or the services; (iv) any product or service purchased or obtained through the sites; (v) any action taken in response to or as a result of any information available on the sites and/or the services; (vi) any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the sites and/or the services; or (vii) any other matter relating to the sites and/or the services. In no event shall Joyful Tri Girl Coaching’s total liability to you for any and all damages, losses, and/or causes of action (whether in contract, tort [including but not limited to negligence], statutory or otherwise) exceed the amount paid by you, if any, for using and of the services and/or the sites.
The sites and/or services offer health, fitness, and nutritional information and is designated for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other healthcare professional. Do not disregard, avoid, or delay obtaining medical or health related advice from your healthcare professional because of anything you may have read on this site or received as a service. The use of any information provided on these sites and/or received through Joyful Tri Girl Coaching services is solely at your own risk.
Nothing stated or posted on these sites or available through any services is intended to be, and must not be taken to be, the practice o medical our counseling care. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, physical therapy, occupational therapy, or providing healthcare treatment, instructions, diagnosis, prognosis, or advice.
These sites and services are continually under development, and Joyful Tri Girl Coaching makes no warranty of any kind, implied or expressed, as to its accuracy, completeness, or appropriateness for any purpose. In that regard, developments in medical research may impact health, fitness, and nutritional advice that appear here. No assurance can be given that the advice contained in these sites and/or services will always include the most recent findings or developments with respect to the particular material.
You agree to indemnify, defend, and hold Joyful Tri Girl Coaching and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Joyful Tri Girl Coaching or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark, or other intellectual property rights of a third party, and (iii) your access or use of these sites and/or services. This section shall survive in the event this Agreement is terminated for any reason.
Joyful Tri Girl Coaching makes no representation or warranty that the content and materials on these sites and/or services are appropriate or available for use in locations outside the United States. Those who choose to access these sites and/or use the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Joyful Tri Girl reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the sites and/or the services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Joyful Tri Girl Coaching, in its sole discretion, may terminate your password, account (in whole or in part), or use of the sites and/or services, and remove and discard any content within the sites, at any time and for any reason. You agree that any actions taken under this section may be effective without prior notice to you. In the event of termination, however, those sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
This Agreement constitutes the entire agreement and understanding between you and Joyful Tri Girl Coaching and governs your use of the Sites and the Services, superseding any prior agreements between you and Joyful Tri Girl Coaching. This Agreement and the relationship between you and Joyful Tri Girl Coaching shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You and Joyful Tri Girl Coaching irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Miami-Dade, in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of Joyful Tri Girl Coaching to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Joyful Tri Girl Coaching of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.
The material on this website and/or any services provided are for educational purposes only and are not to be used for medical advice, diagnosis, or treatment.
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