Terms & Conditions
Please read these Terms & Conditions carefully and in their entirety before using Trish Sachs Wellness, LLC (hereinafter referred to as the “Site”).
The Site and its content are owned by Trish Sachs (hereinafter referred to as "Trish Sachs Wellness, LLC.”). These Terms & Conditions are published to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by me or the Site.
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions.
You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read them. These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph 18 and voluntarily waive your right to a jury trial. If you have any questions, please contact me at trish@trishsachs.com.
By proceeding on the Site, you hereby agree to the following:
1. TERMS
“Trish Sachs”, “Me”, or “I”, or means Trish Sachs Wellness, LLC and my website, trishsachs.com.
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Trish Sachs Wellness and/or trish@trishsachs.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Trish Sachs and/or Trish Sachs Wellness, LLC including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, credit card information, site behavior, etc.
“Site, Courses, Services, and/or Products” means Trish Sachs Wellness, LLC, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, software applications, and/or templates available on the Site.
“Site” means trishsachs.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. CONSENT
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer. By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
3. SITE RULES
By using the Site and/or making any Purchase, you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property and membership materials in any way that infringes on our intellectual property rights.
4. DISCLAIMER
By using the Site, you understand that I am a Certified Personal Trainer and Health Coach. I am not a registered dietician, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, supplement intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by me. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. My content is for informational and educational purposes only, and is based on my personal experience.
5. YOUR CONSENT TO THESE TERMS & CONDITIONS
By using this Site, or Purchasing or Downloading from my Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
6. CHANGES TO THESE TERMS & CONDITIONS
I reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, I will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use my Site, read or implement its Content, or Purchase or Download anything from me.
7. LINKS TO THIRD-PART Y OR EXTERNAL WEBSITES
My Site, Courses, Services, and/or Products may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note I am not liable for any of the information contained on or within the third-party or external websites. I am not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
8. INTELLECTUAL PROPERTY OWNERSHIP
The Site and its Content are intellectual property solely owned by Trish Sachs Wellness, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
9. MY LIMITED LICENSE TO YOU
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered my Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by me after a significant investment of time, money, education and effort. I take the protection of my Site, Courses, Services, and/or Products very seriously. You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or my Privacy Policy, or which violate U.S. intellectual property laws unless authorized by me in writing beforehand.
10. YOUR LICENSE TO ME
By commenting on the Site, or submitting documents to Trish Sachs Wellness, LLC, via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
11. PURCHASE & ACCESS TERMS
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
12. SHARING THE SITE & ITS CONTENT
You must request and receive written permission (email me at trish@trishsachs.com) before sharing my Site and its Content for commercial purposes. You may share the site for personal purposes, but I ask that you link directly to the Site. You are required to give me and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Trish Sachs Wellness, LLC.
13. NO CLAIMS MADE REGARDING RESULTS
Any and all current or past-client testimonials, statements, or examples used by me are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of mine.
14. DISCLAIMER: NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS ARE BEING MADE
I do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “as is” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
15. YOUR RELEASE OF ME
By using the Site or Purchasing, Downloading, or using Trish Sachs Wellness’ Courses, Services, and Products, you agree to release, forgive, and forever discharge Trish Sachs Wellness, LLC its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
16. ERRORS & OMISSIONS
Every effort is made to provide up-to-date accurate information both on the Site and through my services. However, due to the complexity of the issues I cover, Trish Sachs Wellness does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from my services is accurate and up-to-date.
17. MY REFUND POLICY
I will do everything within my ability (and within reason) to ensure your satisfaction. Refunds will not be issued for coaching services already rendered or products already purchased. If you have any questions or concerns, please contact me.
18. ARBITRATION CLAUSE
If you have any complaint or should any issue arise in the use of the Site or Trish Sachs Wellness’ Courses, Services, and/or Products, please contact me directly first by emailing me at trish@trishsachs.com. However, if I am unable to amicably resolve your dispute in that manner, you agree that you and Trish Sachs Wellness, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s rules.
By agreeing to this term, you hereby agree and understand that you are waiving your right to a jury trial in court which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Carlsbad, CA. If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Trish Sachs Wellness, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
19. CONSENT TO GOVERNING LAW
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of California.
20. CONSENT TO JURISDICTION
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of California or a state court located within the State of California in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
21. CONSENT TO SERVICE
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of California for such person, and you waive any objection which you might otherwise have to service of process under the laws of the State of California.
22. PAYMENT & PURCHASES
When you Purchase or Download one of my Courses, Services, and Products from me or the Site, you may pay by credit card. By doing so, you give Trish Sachs Wellness permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. If you elect the installment or “pay monthly” option at checkout, you agree that Trish Sachs Wellness has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout. If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, my Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
I do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of my Courses, Services, and Products, I will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should I need to do so and you would like to have this report removed from your credit report, please contact me to arrange for payment owed. Once payment owed is received, I will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than I do. I am not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against me or them for any damages which arise from your Purchase or use of my Site and its Content.
23. LIMITATION OF LIABILITY
Trish Sachs Wellness, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from my Site, Courses, Services, and/or Products. I do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. In no event shall I be liable to you for any indirect, special, exemplary, or consequential damages.
24. DEFENSE & INDEMNIFICATION
You shall, at all times, indemnify, defend, and hold harmless Trish Sachs Wellness, LLC and all of my shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by me.
25. TERMINATION OF YOUR USE
At my sole discretion, I am permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
26. ENTIRE AGREEMENT
These Terms & Conditions, my Privacy Policy and Disclaimer constitute the entire agreement between you and me with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and me with respect to the Site, Courses, Services, and/or Products.
27. SEVERABILITY
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
28. YOUR PRIVACY & SECURITY ON THE SITE
Please read my Privacy Policy regarding how I handle your personal information.
29. CONTACT
If you have any questions or concerns regarding these Terms & Conditions, you may contact me using the following information:
Trish Sachs Wellness, LLC
Website: trishsachs.com
Email: trish@trishsachs.com
Mailing Address: 747 S. Galena St. #290 Aspen, CO 81611