Terms of Service

When you purchase a consulting session or package, you are agreeing to the following:

Terms of Service

General

The website www.heatherfraelick.com (the “Site”) is owned and operated by Heather Fraelick, LMT / Bodywork & Massage, LLC d/b/a Heather Fraelick, LMT (“Heather Fraelick” or “I” or “me”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to Programs and Services available through the Site or from Heather Fraelick. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

These Terms of Service are effective as of April 30, 2015. I reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case I will post the revised Terms of Service on this website. By continuing to use the Site after I post any such changes, you accept the Terms of Service, as modified.

Intellectual Property:

The Site and the program you have purchased through the Site are created and owned by Heather Fraelick and are protected by applicable copyright, trademark, and other intellectual property laws. The Business of Bodywork and the names of any and all programs offered through the Site are trademarks of Heather Fraelick. Any trademarks used on this site that are the marks of third parties are used with permission.

Our Limited License to You. Any and all programs, trainings and materials (the “Program”) available through the Site are protected by copyright law and provided solely for your personal, noncommercial use. You may not use the Program in a manner that constitutes an infringement of my rights or that has not been authorized by me. More specifically, unless explicitly authorized in these Terms of Service or otherwise explicitly authorized by Heather Fraelick, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program.

You may, however, from time to time, download and/or print one copy of individual pages of the Site and/or any materials from the Program you have purchased through the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

You further agree not to infringe on the copyright, patent, trademark, trade secret or other intellectual property rights of Heather Fraelick or any other purchaser of or contributor to the Program.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of my material, content or intellectual property.

Confidentiality:

Heather Fraelick will keep confidential all confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) that you share or provide through participating in the Program and/or interacting with the Site.

By participating in the Program, You agree to keep confidential any and all Confidential Information shared by Program participants, Heather Fraelick or any of my representatives and affiliates and not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions.

While you are free to discuss your personal results from the Program, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.

If you violate, or display any likelihood of violating, the terms of this paragraph, Heather Fraelick may expel you from participation in the Program, the Site and any future Programs offered through the Site. Furthermore, if you violate the terms of Section 3 of this Terms of Service, you agree that Heather Fraelick or any participant in the Program, the confidentiality of which you have breached, will suffer irreparable harm and shall be entitled to injunctive relief.

Payment Policy:

Program Payment Plan: If you enroll in the Program under a Payment Plan, your first payment will be taken today, and each subsequent payment will be charged to your credit card on the same day of each month for ___ months.

Delinquent Payments: If a monthly payment under this paragraph is delinquent, your access to the Program shall be suspended until payment is made and shall resume as soon as payment is made.

Refund Policy:

You may request a refund for the value of the self-directed components of the Program by emailing heather@heatherfraelick.com, submitting your completed homework for the Program, and scheduling a meeting by phone with Heather Fraelick to discuss why the Program did not provide you the value you expected. In no instance will a refund be provided for individual coaching sessions actually used.

Cancellation Policy:

If you invest in an Individual Coaching Package, individual coaching sessions may be cancelled or rescheduled with 24 hours notice without incurring an additional fee. You will be charged the full session fee for any session cancelled or rescheduled with less than 24 hours notice.

Participant-Provided Content

The Program may include a group on Facebook, a private blog or other forum, which allows participants to communicate with each other (the “Forum”). Your participation in the Forum and the content you upload to the Forum are at all times subject to any and all of the Forum’s Terms of Service. By purchasing and participating in the Program, you agree to make the Forum a safe, respective and constructive space for all Program participants. If you violate the terms of this paragraph, Heather Fraelick may expel you from participation in the Program, the Site and any future Programs offered through the Site.

Right to Remove or Alter Content. Heather Fraelick expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in the Forum by third parties, nor am I responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will I be liable for any loss or damage caused by your reliance on information obtained through the Forum. The opinions expressed in the Forum are solely the opinions of the participants, and do not reflect the opinions of Heather Fraelick.

Right to Monitor. Heather Fraelick has no obligation whatsoever to monitor any of the content or postings on the Forum but has the right to monitor the same at my sole discretion.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL I OR MY AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF I AM ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MY LIABILITY AND THE LIABILITY OF MY AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT I AM NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND HEATHER FRAELICK MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

Disclaimers:

Disclaimer of Endorsement of Third-Party Providers. Throughout the Site or in the Program, I may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither I nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. You release Heather Fraelick from any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, incurred as the result of your relationship with such third-party sites and the information, products are services offered through such third-party sites.

Disclaimer of Earnings Statements. When addressing financial matters in any of my Sites, videos, newsletters or other content, I’ve taken every effort to ensure that I accurately represent my programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of my ideas, tools, strategies or recommendations. Nothing on our Site or in the Program is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon multiple factors including but not limited to your skill, knowledge, ability, dedication, business savvy, network, and financial situation. Because these factors differ according to individuals, I cannot and do not, guarantee your success, income or ability to earn revenue. Any forward-looking statements outlined on our Site are simply our opinion and thus are not guarantees or promises for actual performance. By law I make no guarantees that you will achieve any results from the ideas or the models presented on my Site and in the Program, and I provide no professional legal, medical, psychological or financial advice of any kind.

You acknowledge and agree that no representation has been made by Heather Fraelick or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in the Program.

Non-Disparagement

You agree that you will not disparage Heather Fraelick or the Program while, or at any time after, you are a participant of the Program. For the purposes of this provision, “disparage” shall mean defamation, slander, libel and any derogatory, inflammatory, derisive statement made publicly or privately. You acknowledge and agree that a breach of this provision will cause Heather Fraelickirreparable harm for which Heather Fraelick is entitled to injunctive relief.

Choice of Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Illinois and any dispute shall be subject to binding arbitration in Chicago, Illinois.

Severability

If any provision of these Terms of Services shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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