Terms & Conditions
BY VISITING WWW.TAKINGHEALTHYBACK.COM AND WWW.ALICIAMELGOZA.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we”, “us”, and “our” refer to Alicia Melgoza Enterprises, LLC AKA Taking Healthy Back (“Company”). The term the “Websites” refers to www.aliciamelgoza.com and www.takinghealthyback.com and all online class sites connected with Alicia Melgoza Enterprises, LLC. The term “user,” “you” and “your” refers to the website visitors, customers and any other users of the Websites. The term “Service” refers to all coaching packages, consulting services, digital products, non-digital products, group programs, online courses, workshops, webinars, subscriptions, free offerings, blog posts, and other website resources. Use of the Websites, including all materials presented herein and all online services provided by Alicia Melgoza Enterprises, LLC, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By accessing and using any area of the Websites or Service and/or ordering a product from the Websites, you agree to and are bound by these Terms and Conditions, without modification, and acknowledge reading them. If you do not agree to any of Terms and Conditions, then please do not use the Websites or Service.
Information provided on the Websites and in the Service related to coaching packages, consulting services, digital products, non-digital products, group programs, online courses, workshops, webinars, subscriptions, free offerings, blog posts, and other website resources is subject to change. Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Alicia Melgoza Enterprises, LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content. In order to use the Websites and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others. You may use the Websites and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Websites. You agree to use the Websites and to purchase the Service through the Websites for legitimate, non-commercial purposes only. You shall not post on the Websites anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Websites. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges. Failure to comply with the terms and conditions listed here may cause you to be removed from the Websites.
REFUSAL OF SERVICE.
The Service is offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Websites or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Websites are entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
The Websites and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, video, audio, coursework, lesson plans, training modules, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Websites or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
DISCLAIMER OF WARRANTY.
As a visitor to the websites and as a licensee, you agree that you are using your own judgment in using the information provided on and through the Websites, which is done at your own risk. You also agree to our full Disclaimer on our Websites. Your use of any information or materials through our Programs, Products or Services accessible on or offered through the Websites or otherwise is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services. You assume responsibility for your choices, actions, use or non-use of any of the information in our Programs, Products and Services, and you acknowledge that you are using, or not using, a Program, Product or Service at your own risk. The information contained in our Programs, Products and Services accessible on or offered through the Websites or otherwise is not intended to be a substitute for the professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, or any other licensed or registered 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. Do not disregard professional medical advice or delay seeking professional advice because of information you have read or received from us through our Programs, Products or Service. Do not stop taking any medications without speaking to your own physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, mental health, medical or nutrition therapy services or attempting to diagnose, treat or cure in any manner whatsoever any physical ailment, disease, or any diagnosable mental health condition. We are not giving medical, psychological, or religious advice whatsoever. Rather, we serve as a coach, educator, mentor and guide who helps you reach your own health and wellness goals by providing you with education and tools to help you make your own health care decisions in a way that is right for your own body, mind and spirit. You acknowledge that we have not and do not make any representations as to the health benefits whether physical, mental, emotional or spiritual, or potential profitability or loss of any kind that may be derived as a result of your participation in the Service. We cannot and do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual.
ALL INFORMATION, MATERIALS, PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITES AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS 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, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON THE WEBSITES. WE DO NOT WARRANT THAT THE WEBSITES MATERIALS, PROGRAMS, PRODUCTS OR SERVICES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITES OR OUR MATERIALS, PROGRAMS, PRODUCTS OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MANY ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITES, OR OUR MATERIALS, PROGRAMS, PRODUCTS OR SERVICES OR MATERIALS ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITES OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Websites and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You should assume that the links contained in the Websites are affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. We only recommend products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Websites or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION.
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Castro Valley, CA and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Alicia Melgoza Enterprises, LLC 20885 Redwood Road, #332, Castro Valley, CA 94546.
All sales are billed in USD as required by law.
Please refer to the Service or product you purchased for its return policy.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect. These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid. These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties. The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation. By using the Websites, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Websites, from time to time, in which case we will post the revised Terms and Conditions on the Websites. By continuing to use the Websites after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Websites, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
You understand and agree that we, in our sole discretion, will determine your compliance with these Terms and Conditions. We reserve the right to terminate or suspend your access to all or part of the Websites in our sole discretion without notice or liability of any kind. Any violation of these Terms and Conditions may be referred to law enforcement authorities. Upon termination of your user account or access to the Websites, or upon demand by us, you must destroy all materials obtained from this Site and all related documentation.
Updated: February 2016