Terms and Conditions

TERMS AND CONDITIONS

The Website and its Content is owned by Melissa Fitzhugh Coaching, LLC (hereafter known as “Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website. The term “Website” refers to melissafitzhugh.com, and any other website under the control of Melissa Fitzhugh Coaching, LLC.

Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.

1. Terms

By accessing melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC,  you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and you agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may not use or access this site. The materials contained on melissafitzhugh.com are protected by applicable intellectual property laws.

2. Use License

Permission is granted to download one copy of the materials on melissafitzhugh.com for personal use only, except that all photographs are copyrighted and not to be downloaded. This grant of a limited license does not permit modification or copy of the materials, use of the materials for any commercial purpose, or removal of copyright notations and/or markings from any of the materials on melissafitzhugh.com. Should you engage in any of these activities, this limited license automatically terminates.  This license may be terminated by Melissa Fitzhugh Coaching, LLC at any time.

3. Disclaimer

Any and all materials provided on melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC are for your personal use “as is”. Melissa Fitzhugh Coaching, LLC does not make any warranties, whether express or implied, as to these materials.   Melissa Fitzhugh Coaching, LLC does not warrant or make any representations concerning the probable results, accuracy, or reliability of the use of the materials on melissafitzhugh.com or regarding any materials linked to by melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC.

4. Links

Melissa Fitzhugh Coaching, LLC may link to other websites not under its control.  Melissa Fitzhugh Coaching, LLC makes no representations about the content of those websites and disclaims any liability for your use of any linked website.

5. Limitations

Melissa Fitzhugh Coaching, LLC shall not be liable for any damages arising out of the use or inability to use the materials on melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC.

6. Revisions and Errata

The materials appearing on melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC could include technical, typographical, or photographic errors. Therefore, Melissa Fitzhugh Coaching, LLC does not warrant that any of the materials on this or other websites under its control are complete, current, or accurate. Melissa Fitzhugh Coaching, LLC may periodically make changes to the materials contained on melissafitzhugh.com or any other web site under its control at any time without notice, but makes no commitment to update these materials.

7. Site Terms of Use Modifications

Melissa Fitzhugh Coaching, LLC may revise these terms of use websiteweb site under its control at any time without notice. You are agreeing to be bound by the current version of these Terms and Conditions of Use when you use melissafitzhugh.com or any other web site controlled by Melissa Fitzhugh Coaching, LLC.

8.  Parental Permission

The website melissafitzhugh.com is not directed to children under the age of 13 and will not knowingly collect personally identifiable information from children under the age of 13.  Melissa Fitzhugh Coaching, LLC strongly encourages parents to monitor their children’s use of the internet and any online services and to limit their children’s access to the internet by using parental controls.  At its discretion, Melissa Fitzhugh Coaching, LLC may require users under age 18 to obtain the consent of a parent or guardian to view content on melissafitzhugh.com or any website under the control of Melissa Fitzhugh Coaching, LLC, and may limit access to certain content to users above a specified age.  By using this website, you agree to abide by these restrictions and not to assist anyone in avoiding or circumventing these restrictions.

9. Governing Law

The laws of the State of Texas shall govern any conflict arising out of your use of melissafitzhugh.com  or any other website under the control of Melissa Fitzhugh Coaching, LLC,  without regard to any conflicts of laws provisions.  You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the state of Texas.

10. Severability

If any of these terms of use are found unlawful, void, or unenforceable for any reason, then that provision will be considered severable from the remaining terms of use.

 

11. No professional advice

None of the information accessible on melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC’s is meant to substitute for the services of trained professionals in any field, including and not limited to legal, financial, psychological or medical matters.  Please note that while Melissa Fitzhugh is a licensed attorney in Texas at the date of creation of these terms in May 2018, your use of melissafitzhugh.com or any web site under the control of Melissa Fitzhugh Coaching, LLC’s, or any personal interaction that you may have with Melissa Fitzhugh as a result of your use of this or other web sites under the control of Melissa Fitzhugh Coaching, LLC  (including comments on blog posts, e-mail messages, or any private coaching services)  does not create an attorney-client relationship with Melissa Fitzhugh.  You should always consult a medical professional in any matters relating to health, whether physical or mental, particularly if you have symptoms indicating a need for medical attention. This Website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for 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, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare 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, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.  We are not giving legal or financial advice of any type whatsoever. We are not financial services professionals and are not giving any investing advice.  Melissa Fitzhugh Coaching, LLC makes no warranties or representations concerning any treatment or action by any person following any information provided on melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC.  Melissa Fitzhugh Coaching, LLC will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including and not limited to economic loss, injury, illness or death.  By your use of melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC, you agree not to attempt to hold Melissa Fitzhugh Coaching, LLC liable for any of your decisions or actions at any time.

 

12.  Earnings disclaimer

The products and services offered by Melissa Fitzhugh Coaching, LLC are provided solely for educational and informational purposes.  No information, product or service offered by Melissa Fitzhugh Coaching, LLC is a guarantee or promise of future results or earnings, and we do not offer any legal, medical, tax or other professional advice.  Any results mentioned on melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC is merely illustrative and should not be taken to be an indicator of average or exact earnings, or a promise of actual or future performance.  By using melissafitzhugh.com or any other website under the control of Melissa Fitzhugh Coaching, LLC, you agree that you are responsible for any decisions you make in life.  Making decisions based on any of Melissa Fitzhugh Coaching, LLC’s recommendations about products, services, events, or any other information provided on melissafitzhugh.com,  or any other site under the control of Melissa Fitzhugh Coaching, LLC should only be undertaken with the knowledge that you may experience loss or risk as in any and all endeavors.  You should always consult your physician, accountant, attorney, or other professional advisor before acting on this or any other information related to a change to your lifestyle, business, or finances.  By your use of Melissa Fitzhugh Coaching, LLC’s websites, including but not limited to melissafitzhugh.com, you agree not to attempt to hold Melissa Fitzhugh Coaching, LLC or Melissa Fitzhugh liable for your decisions, actions, or results at any time.

13. Warranties Disclaimer.

WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES 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, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

14. Limitation of Liability

Melissa Fitzhugh Coaching, LLC, will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.

15. Release of Claims.

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

16. Online Commerce.
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

17. Termination
We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these terms and conditions with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

 

All rights not expressly granted in these terms or any express written license are reserved by us.

If you have any questions about these terms and conditions, please contact us at hello@melissafitzhugh.com.