On the Websites, you may purchase products and services, such as online coaching and downloadable products (“Products”).
For Online Coaching & Programs
There are no refunds on online coaching.
If you purchase the 90-day Lean Eating Program, the first seven days are free and you may cancel at any time. After day 8, you will be charged and no refunds are available.
For Downloadable Products
Refunds are not available for purchases of downloadable products.
Cancellation Policy for Coaching
You agree to notify WholeFit360 of cancellation of any appointments/coaching sessions with a minimum notice of TWENTY-FOUR (24) hours prior to the scheduled start time, via EMAIL to email@example.com If such notification is not received by WholeFit360 at least 24 hours before the scheduled time, payment for that session will be forfeited and the appointment may not be rescheduled.
Neither party shall be liable for delay or failure to attend a scheduled session if such delay or failure is caused by any circumstances beyond their reasonable control. Determination of such reasonableness is in the sole discretion of WholeFit360.
What Personal Information Do the Websites Collect and How Is This Personal Information Used?
The Websites may receive and store information that you voluntarily submit through the Websites for the purpose of subscribing to the Websites to receive newsletters or for the purpose of leaving comments on blog posts.
The Websites may receive and store certain types of usage-related information when you interact with the Websites, including, but not limited to, your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.
The Websites use Google Analytics to track statistics regarding our audience and website traffic. No personally identifiable information is transferred from the Websites to Google Analytics. For more information on Google’s Analytics privacy policies, please visit this site.
From time to time, the Websites may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Websites is used in conjunction with these tracking pixels.
The Websites may engage in affiliate marketing, which is described more fully below. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
The Websites use Coachific to service its online scheduling and calendar. Personal information, such as name and email address, is collected for purposes of scheduling and communication.
The Websites use PayPal to service its ecommerce platform for purchase of the Products. Personal information, such as name, address, phone number, and email address, is collected for purposes of client communication for order fulfillment.
Third-Party Use of Personal Information
As discussed above, the Websites use Coachific to schedule appointments. All personal information entered into Coachific may be transferred to WholeFit360 for the purpose of scheduling appointments and contacting you for these appointments.
At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.
Will the Websites Share the Personal Information It Collects?
Except when required by law, the Websites will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.
WholeFit360 may disclose or transfer personal information collected through the Websites to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If you decline, WholeFit360 may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to firstname.lastname@example.org?, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.
The Websites do not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Websites have personally-identifiable information of a child under the age of 13 in its database the, please contact us immediately email@example.com? and WholeFit360 will use its best efforts to promptly remove such information from our records.
From time to time, the Websites may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Websites will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
WholeFit360, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.
From time to time, the Websites may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with WholeFit360 to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Websites are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, WholeFit360 gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Websites are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
WholeFit360 has made every effort to ensure that all information on the Websites has been tested for accuracy. WholeFit360 makes no guarantees regarding the results that you will see from using the information provided on the Websites.
Amee Livingston is an NASM certified personal trainer, a Level 1 Precision Nutrition coach, CrossFit Level 1 and CrossFit endurance trainer, and USA Weightlifting Level 1 Sports Performance Coach. Amee Livingston is also a certified specialist from the AAHF in Exercise and Cancer Survivorship and Cancer and the Older Adult.
FITNESS CONTENT DISCLAIMER
The Websites may discuss topics related to health and fitness, and may include information on exercise and workouts. Everything provided on the Websites is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Websites, you assume the risk of any potential injury that may result. Even if the information provided on the Websites is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.
The information provided on the Websites is provided “as is” without any representations or warranties, express or implied. The Websites make no representations or warranties in relation to the health and fitness topics discussed.
The Websites disclaim liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Websites. The Websites assume or undertake no liability for any loss or damage suffered as a result of the use of any information found on the Websites.
MEDICAL CONTENT DISCLAIMER
The Websites may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Websites is provided “as is” without any representations or warranties, express or implied. The Websites make no representations or warranties in relation to the medical, fitness, or nutrition information on the Websites.
You must not rely on the information on the Websites as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Websites.
All information provided in the recipes on the Websites is intended to be used for educational purposes only. WholeFit360 is not a doctor or a registered dietitian. The Websites is not medical advice nor is it intended to replace medical advice. The Websites are not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, including following the recipes on the Websites, you should seek advice from a licensed physician.
WholeFit360 is not responsible for any liability, loss or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the material in the recipes on the Websites.
The Food and Drug Administration has not evaluated the statements contained in the Websites’ recipes.
The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. WholeFit360 makes no representations, warranties or guarantees. You understand that results may vary from person to person. WholeFit360 assumes no responsibility for errors or omissions that may appear in the Websites.
USE OF THE WEBSITES
Unless otherwise stated, WholeFit360 owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
- Republication of content from the Websites, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Websites;
- Reproduction or duplication of any content on the Websites for commercial purposes;
- Modification of any content on these Websites, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of WholeFit360’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to WholeFit360.
You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without WholeFit360’s express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications.
You must not use the Websites for any third-party marketing without WholeFit360’s express written permission.
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by WholeFit360 or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
WholeFit360’s trademarks and trade dress may not be used in connection with any product or service that is not WholeFit360’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits WholeFit360 or Amee Livingston.
From time to time, the Websites may legally utilize trademarks owned by third parties related to WholeFit360’s services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant WholeFit360 a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant WholeFit360 the right to sub-license these rights and the right to bring an action for infringement of these rights.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Websites were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.
CONTENT CONTRIBUTED TO THE WEBSITES
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or WholeFit360 or a third party.
WholeFit360 reserves the right to edit or remove: (i) any material submitted to the Websites; (ii) stored on WholeFit360’s servers; or, (iii) hosted or published on the Websites. WholeFit360 takes no responsibility and assumes no liability for any content posted by you or any third party.
The Websites offer the option for you to leave comments, engaging with the Websites’ posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or WholeFit360;
- hate speech;
- defamatory to WholeFit360 or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
WholeFit360’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
From time to time, the Websites will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Websites in a way that constitutes copyright infringement and falls outside of fair use, please send a request to firstname.lastname@example.org? and we will remove the image within 24 to 48 hours.
If you send WholeFit360 an email, register to use the Websites or provide your email to WholeFit360 in any other way, you consent to receive communications from WholeFit360 electronically. You agree that all legal notices provided via electronic means from WholeFit360 satisfy any requirement for written notice.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold WholeFit360 harmless from any and all liability in any dispute.
The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. WholeFit360 makes no representations or warranties in relation to the Websites or the information and materials provided therein.
WholeFit360 makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. WholeFit360 is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
WHOLEFIT360 WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.