Terms & Conditions
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS & CONDITIONS OF USE BEFORE USING THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Thank you so much for visiting www.claireketchum.com, referred to as the (“Website”), all visitors, referred to as “user”, “you” and “your” are bound by these Terms & Conditions. The terms “we,” “us,” and “our” refer to Claire Ketchum and Claire Ketchum, LLC d/b/a (“Company”), owner of www.claireketchum.com.
By purchasing, downloading, uploading, using and/or registering for any of our products, services, and/or events, you confirm that you have read, understood, accepted and agreed to this Liability Disclaimer & Waiver and Privacy Policy (hereinafter, “Terms & Conditions”) . By using the Website, you agree to these Terms & Conditions, which may be updated by us without notice to you, and acknowledge reading them. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any additions, revisions, or modifications. Please review these Terms & Conditions carefully before accessing the Website or purchasing or using any of our products and/or services. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE WEBSITE.
Liability Disclaimer & Waiver
• You agree that the information provided on the Website or by choosing to be coached by Claire Ketchum is not medical advice, diagnosis or treatment, and/or licensed therapy from Claire Ketchum and/or the Company. It is not intended to, nor should it, replace the advice and assistance of your doctor or other health care provider. You should meet with your doctor to discuss your plans, how they fit with your personal situation, and whether they should be implemented. On an ongoing basis, you should seek immediate medical attention if you have any symptoms or adverse reactions to anything you do. You should never disregard professional medical advice or delay in seeking professional advice.
•You acknowledge that Claire Ketchum is an educator and health coach and not a licensed medical doctor, licensed primary care provider, diabetes manager, licensed psychologist, licensed counselor, licensed therapist, certified personal trainer or certified nutritionist. The Company’s sole intention is to offer you general educational information.
•For the reasons set forth above, you agree that Claire Ketchum and Claire Ketchum, LLC , its individual members or affiliates, or any third party providing content or tools on the Website are not responsible for any losses or damages that might occur from your use of the information contained on the Website or accessible from the Website and you further agree that we do not guarantee or endorse the suitability or results of the services we provide or the information displayed on the Website.
•The Website and services we provide are for adults only, not children (persons under the age of 18) without written parental consent. The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. If you live in a place where this type of information is not allowed then you cannot use the Website.
•The Website contains intellectual property including, but not limited to, materials, logos, copy, graphics, text, logos, page headers, images, audio, video, source code, domain names, trade names, service marks, and any and all copy writable material that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the content and material on the Website except as permitted under the applicable laws. If you wish to use any of the intellectual property found on this Website, please contact Claire Ketchum, LLC to discuss the specific terms of use by sending an e-mail inquiry describing your intended use and scope to claire@claireketchum.com. If you want to link back to the Website, please send a courtesy email to the address set forth above.
•If you provide this Website or an authorized third party with your email address you have expressly granted the Company the right to contact you via email. You agree that you have opted-in to receive the newsletter by providing your first name and email address on this Website. If you do not wish to receive email from us, simply click on the unsubscribe link at the bottom of each newsletter.
•Certain products or services may be offered for sale on the Website. In the event you wish to purchase or to subscribe for any of these products or services, you will be asked by the Website or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide the Website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
•You agree that there are no guarantees of outcome and that you are responsible for doing the work to achieve the results you desire. This is true even though the Website contains client testimonials, and you agree that any such testimonials do not constitute a guarantee, warranty or prediction of a given outcome. No refunds will be given for any of the products or services offered on the Website.
•Testimonials and emails from readers reflect the opinions and experiences of real users of the Company’s services and products, and are submitted to the Company voluntarily by customers. If you submit a testimonial or email to the Company, you agree that it becomes the exclusive property of the Company, which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence.
•The Website may contain hyperlinks to other websites (hereinafter “Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Website and your browser will be redirected to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Website. You agree that the Company is not responsible for the content presented by any Other Site and does not endorse the operator. You acknowledge that the Company does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites.
•Any conduct by you on the Website or social media links (hereinafter “Sites”) that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Sites will not be permitted and the posting will be removed from the Sites. You agree to use our Sites only for lawful purposes. You will not use the Sites to upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortuous, disparaging (including disparaging of the Company, its parent, subsidiaries or affiliates), anything that adversely affects Company business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable which is the Company’s sole discretion.
YOU FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS CLAIRE KETCHUM AND ANY OF THE COMPANY’S EMPLOYEES, CONTRACTORS, AGENTS AND/OR VOLUNTEERS (COLLECTIVELY, “CLAIRE KETCHUM, LLC”) FROM AND AGAINST ANY AND ALL CLAIMS, LOSS, DAMAGE, INJURY, DEATH, COSTS (INCLUDING COURT COSTS AND ATTORNEY’S FEES), CHARGES, LIABILITY OR EXPOSURE, HOWEVER CAUSED, RESULTING FROM OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF ANY OF THE OFFERINGS, PRODUCTS, SERVICES, EVENTS AND/OR INFORMATION PROVIDED BY CLAIRE KETCHUM AND/OR THE COMPANY THROUGH THE WEBSITE OR OTHERWISE. CLAIRE KETCHUM AND CLAIRE KETCHUM, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, ANY ACTIVITIES IN CONNECTION WITH THIS WEBSITE OR PRODUCTS, SERVICES, AND/OR EVENTS OFFERED BY CLAIRE KETCHUM, LLC ON THIS WEBSITE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE WEBSITE, ITS OPERATION, AND ALL OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND/OR EVENTS INCLUDED AND/OR OFFERED FOR SALE ON THIS WEBSITE ARE OFFERED BY THE COMPANY ON AN “AS-IS” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE, INFORMATION CONTAINED HEREIN AND PRODUCTS AND SERVICES OFFERED FOR SALE HEREON, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND PRODUCTS OR MATERIALS OFFERED BY CLAIRE KETCHUM, LLC IS AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, CLAIRE KETCHUM AND ANY OF THE COMPANY’S EMPLOYEES, CONTRACTORS, AGENTS AND/OR VOLUNTEERS (COLLECTIVELY, “CLAIRE KETCHUM, LLC”) SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CLAIRE KETCHUM, LLC. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT, OR ANY OF OUR SERVICES OR TOOLS. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLAIRE KETCHUM, LLC DISCLAIMS ANY AND ALL SUCH WARRANTIES. IN NO EVENT SHALL WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT CLAIRE KETCHUM, LLC TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
• If we decide not to enforce any of our rights under this Agreement, it doesn’t mean we have waived those rights or any other rights in any way whatsoever.
•The Website and your agreements here are governed by the laws of Connecticut, without regard to that state’s conflict of laws provisions. By using the Website, you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Connecticut. If any provision of this agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of the Website in accordance with applicable law and the remainder of the Agreements shall remain in full force.
•If you have any questions about this, please feel free to contact claire@claireketchum.com.