Terms of Use

TERMS OF USE:

Please read the section applicable to product you are purchasing

Healthy Body Blueprint Online Course/Digital Product Purchase Terms & Conditions

1. User’s Acknowledgment & Acceptance of Terms

BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:

Throughout these Terms, “we”, “us”, and “our” refer to Alexander Magnolia Holistic Wellness LLC, dba The Controversial RN™. The Controversial RN offers this digital course, including all information, products, resources, tools, and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. The terms “user,” “you” and “your” refers to site visitors, customers, and any other purchaser of the course(s) and/or digital products.

By visiting this site and/or purchasing a digital course/product from this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms apply to all users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before purchasing and accessing the online course/digital product. By accessing or using any part of the site/service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the course, website, or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the digital course/product following the posting of any changes constitutes acceptance of those changes.

2. PURCHASE TERMS & REFUND POLICY
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.

Due to the digital nature of our products, we do not offer refunds after purchase. If you’re not satisfied with your purchase, please share your concerns with us via email at [email protected] and we’ll do our best to make things right.

If you have selected a payment plan option, you understand and agree that all payments are to be made on time. If there is delay in payment, Company reserves the right to bill you a late fee of 3% each week, based on the remaining balance due under the payment plan. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.

You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorneys' fees, associated with recouping payment on outstanding payment and/or disputes and any collection fees associated with such an event. We reserve the right to forward any payment disputes to a collection’s agency.

3. GENERAL CONDITIONS
Alexander Magnolia Holistic Wellness, LLC. (“We”) reserves the right to refuse service to anyone for any reason at any time.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.

You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Digital Course, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.

We are not responsible if information made available on this site or within the digital course/product (“product”) is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site or digital courses/products.

You understand that the information presented in any course, resource, product, or program via this Site is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in an online forum, live events including webinars and video/audio recordings educating about business, laws, health, wellness, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.

4. ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Alexander Magnolia Holistic Wellness, LLC. will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing (via email) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

5. LAWFUL PURPOSES
You may use the Site, Course, and Service for lawful purposes only. You agree to not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, discriminatory, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Doing so is grounds for termination of service, at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.

Infringement Notification. Alexander Magnolia Holistic Wellness, LLC. respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to Alexander Magnolia Holistic Wellness, LLC. by both of the following means:

Email: [email protected]
Address: 7493 Liberty Bell Dr, Colorado Springs, CO 80920

In any such notice, please include sufficient information to address the items specified below:

- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.

- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Alexander Magnolia Holistic Wellness, LLC. to locate the material.

- Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.

- Say “entire work” ONLY if all assets/pages in a collection/document are infringing.

- Include details of your claim to the material, or your relationship to the material’s copyright holder.

- Provide your full name, address, and telephone number should we need to clarify your claim.

- Provide a working email address where we can contact you to confirm your claim.

- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”

- Sign the document, physically or electronically.

6. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible: [email protected]

7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

8. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or Service will be corrected.

9. PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, visit: https://thecontroversialrn.teachable.com/p/privacy

10. OUR INTELLECTUAL PROPERTY
This Site and Service contain intellectual property owned by Alexander Magnolia Holistic Wellness, LLC. including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the: The Controversial RN & The Healthy Body Blueprint name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

(a) Alexander Magnolia Holistic Wellness, LLC™, The Controversial RN™, and The Healthy Body Blueprint™ are trademarks exclusively owned by Alexander Magnolia Holistic Wellness, LLC.

(b) No Resale of Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site and/or products purchased via the Site (including training materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferrable or assignable without the Company’s prior written consent.

(c) You agree to not share access to the digital product(s) purchased or other proprietary materials with others. This includes parties that have not purchased the products, or any other third-party that Company has not authorized access to.

11. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content provided) without notice at any time. If discontinued within six(6) months of your purchase, Company agrees to provide a refund.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

12. NO GUARANTEES

(a) We cannot guarantee any outcome of using or consuming the digital course/product, the Services, and/or participation in any Program. We make no guarantees other than that the course/product/service described in the product/service description shall be reasonably provided to you in accordance with this Agreement. You acknowledge that Company cannot guarantee any results of the Products/Services/Program as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. User not achieving his or her desired results is not grounds for a refund, partial or otherwise.

(b) Company may provide (on its website or via email, for example) affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.

13. NON-DISPARAGEMENT
You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services.

14. CONFIDENTIALITY

(a) Your Information. Please refrain from sending Company and its representatives any confidential information. If there is a private group environment included in your purchase (for example, Facebook Group or Mighty Networks Group) you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality.

15. LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Alexander Magnolia Holistic Wellness, LLC. is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Alexander Magnolia Holistic Wellness, LLC. has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Alexander Magnolia Holistic Wellness, LLC. ‘s cumulative liability to you exceed the total purchase price of the product/service you have purchased from Alexander Magnolia Holistic Wellness, LLC. and/or thecontroversialrnc.om and if no purchase has been made by you, Alexander Magnolia Holistic Wellness, LLC.’s cumulative liability to you shall not exceed $100.

16. INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Course, Products, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

17. CHANGES TO POSTED TERMS
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Alexander Magnolia Holistic Wellness, LLC. pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Alexander Magnolia Holistic Wellness, LLC. shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by Alexander Magnolia Holistic Wellness, LLC..

19. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Alexander Magnolia Holistic Wellness, LLC.
7493 Liberty Bell Dr
Colorado Springs, CO 80920

E-mail address: thecontroversialrn.com

20. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado as applied to contracts that are executed and performed entirely in Colorado. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be El Paso County, Colorado. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

21. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

22. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

23. ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Questions about these Terms and Conditions? Email us at [email protected]

Subscription Membership Terms & Conditions

By participating in the Healthy Body Membership (the “Subscription”), signing this Agreement, or accessing the Healthy Body Membership Member Site or (the “Site”) you are agreeing to the following terms.

Please read this Agreement carefully before accessing or using Healthy Body Membership (the “Company”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Subscription.

If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at [email protected].

This Subscription Agreement is entered into and effective as of the date of signature below by and between (“Member”), and Alexander Magnolia Holistic Health LLC doing business as Healthy Body Membership (“Company”).

In consideration of Member enrolling in the Subscription, it is agreed as follows:

1. Scope of Subscription

(a) Subscription Membership includes the following:

- Access to the learning materials, and content shared in weekly membership emails

- Access to meal plans, learning materials

- Access to Healthy Body Membership

The Subscription membership services outlined above are hereafter referred to as the “Membership.”

Any additional services offered by Company to Member may require additional fees and signing of a separate agreement to be discussed and agreed upon by the parties. This includes any 1:1 sessions, intensives, or live events.

2. Member Duties

(a) Subscription Rate. In consideration for the Membership provided by Company to Member as set forth in Section 1 above, Member agrees to pay the current Membership fee at the time of joining on a monthly basis of $97 a month. If you select the month-to-month option, you understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.

If you select the monthly plan, you understand that the subsequent payments will be charged to your account thirty (30) days from the date of the first payment.

(b) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7th day following its due date, a late fee of ten percent (10%) of the payment due will be assessed; a late fee will be assessed following each subsequent 7-day period. Company reserves the right to restrict your access to the Membership or terminate your participation in the Site unless and until all outstanding fees have been paid in full.

(c) Payment Security and Disputes. To the extent that Member provides Company with bank/credit/debit card(s) information for payment on Member’s account, Company shall be authorized to charge Member’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.

(d) If Member selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Member agrees to not dispute any charges at any time. In the event that Member inadvertently disputes a charge made to the account, Member agrees to immediately cancel/withdraw such a dispute. Member agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Member is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.

(e) Member understands that Member’s success or benefit in the Membership is dependent upon Member’s level of participation in the Membership. In order to get the most out of the Membership, Member must also work to participate in the Membership, implement the tools and strategies learned throughout the Membership, and make considerable efforts toward Member’s own development on Member’s own time. Member is responsible for requesting support from Company when needed.

3. Term

Monthly payment option. The term of this Agreement shall be every month beginning on the date this Agreement is signed or a separate date agreed to in writing. In the event the membership is not paid for, Member will no longer have access to all Services and the Site in the event that Member decides to terminate Membership. Member and Company may choose to renew this Agreement for an additional term upon signing of a new agreement.

4. Cancellations and Refunds

(a) Member may cancel access to the Membership at any time for any reason by providing written notice to Company. Upon cancellation, access to the Subscription and Site will be terminated.

(b) Members may use the Site and Membership for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of service, at our discretion.

In the event that Member engages in abusive or otherwise unprofessional behavior as outlined above in the community forum or Site, towards representatives of Company or other members, Company reserves the right to cancel Member’s Membership and terminate access to the Membership, without warning. No refund will be provided in the event that this takes place. Member will remain obligated to pay all remaining unpaid membership fees in full.

Member agrees to communicate with other members with the utmost respect and professionalism.

(d) Programming. Times and dates for monthly programming is pre-scheduled and will be shared with Members via e-mail. In the event that a live call or training needs to be rescheduled, Company will notify Members via email at the earliest possible time. In the event that a training session is cancelled, Company will make an effort to arrange alternative programming, but does guarantee that it will be able to do so. Cancellation or rescheduling of programming is not grounds for a refund, full or partial.

(e) Refund Policy. Due to the nature of the membership services provided, no refunds can be provided. Member understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.

(f) The Membership and Term cannot be paused or placed on hold for any reason without the written authorization of Company.

5. No Guarantees

(a) We cannot guarantee the outcome of access to the Membership and/or participation in the Site. We make no guarantees other than that the Scope of Subscription described in Section 1(a) shall be provided to you in accordance with this Agreement. Member acknowledges that Company cannot guarantee any results of the Membership as such outcomes are based on subjective factors (including, but not limited to, Member’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Member not achieving his or her desired results is not grounds for a refund.

(b) From time to time, and upon Member’s request, Company and/or its representatives may provide Member with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

(c) Affiliate Links. Company may provide Member with affiliate links under which Company may be compensated monetarily. Company is no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.

(d) Technical Issues. In the event that the learning materials provided via the online learning platform (Kajabi, Teachable, Podia, etc.) are inaccessible, Company shall have 72 hours to re-deliver access to Member, not including holidays or weekends.

(e) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:

1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or

2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.

In the event that Section 5(h) applies, Company will be permitted to make every reasonable effort to reschedule programming/calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible.

6. Confidentiality

(a) Member Information. Any and all Member information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Member with the services specified here without Member’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Member’s Confidential Information.

(b) Participant Information. Member agrees to keep private any Confidential Information, as defined in paragraph 6(a), shared by fellow participants in the Membership (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Member agrees not to publish, disclose, reveal or make use of any Information or any transactions, during discussions, on the Facebook group or otherwise. Member agrees not to use such Information in any manner other than in discussion with other Participants in the Membership. Private Information shall not include information rightfully obtained from a third party. Member will keep Participants’ Information in strictest confidence and shall use the best efforts to safeguard the Information and to protect it against disclosure, misuse, loss, and theft.

Member understands that despite efforts to maintain privacy of an online forum, Company cannot control all parties. You understand that any forum hosted by Company is to be considered a public forum and that all Members should refrain from sharing confidential or sensitive personal data in any such forum.

(c) Company Information. Member agrees to keep confidential any Confidential Information, as defined in Section 6(a), shared by Company in the Membership. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Member agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Member agrees not to use such Confidential Information in any manner other than in discussion with other Participants in the Membership. Confidential Information shall not include information rightfully obtained from a third party. Member will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.

(d) Non-Disparagement. Member shall, during and after the participation in the Membership, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with law. This provision in no way restricts a Member’s ability to communicate reviews or performance assessments about a Company’s goods or services.

(e) Violations of Confidentiality. Member agrees that if Member violates or displays any likelihood of violating this Section 6 the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.

7. Independent Contractors

(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Member for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Member. Company is or remains open to conducting similar tasks or activities for entities other than the Member and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Member for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Member shall be considered a suggestion only, not an instruction. Company and Member agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Member and Company.

(b) Taxes and Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Member shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Member for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

8. Ownership of Intellectual Property

(a) IP Ownership. Member agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Member a license to use the Intellectual Property solely for Member’s own noncommercial purposes. Member agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Member agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Company. Member may not use such trademarks or service marks for any purpose except with written permission by Company.

The healthy body membership™, The healthy body blueprint™, and Alexander magnolia holistic wellness LLC™ are trademarks of Alexander magnolia holistic wellness LLC. The health body membership™ is a copyrighted work of Alexander magnolia holistic wellness LLC

(b) No Resale of Services Permitted. Member agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Membership (including training materials), use of the Membership, or access to the Membership. This agreement is not transferrable or assignable without the Company’s prior written consent.

(c) Member agrees to not share access to the Membership or materials with others. This includes parties that have not purchased access to the Membership, or any other third-party that Company has not authorized access to.

(d) Recordings. All trainings/group calls and meetings are recorded by Company. Member may access these recordings via the online forum or other means provided by Company. Member agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Company reserves all rights in any and all recordings.

(e) Infringement Notification. The healthy body membership respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also Company’s policy that Company may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

(f) How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to The healthy body membership by both of the following means:

Email: [email protected]

In any such notice, please include sufficient information to address the items specified below:

- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.

- Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.

- Say “entire work” ONLY if all assets/pages in a collection/document are infringing.

- Include details of your claim to the material, or your relationship to the material’s copyright holder.

- Provide your full name, address, and telephone number should we need to clarify your claim.

- Provide a working email address where we can contact you to confirm your claim.

- Sign the document, physically or electronically.

9. Warranties

(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Member’s Warranties. Member represents, warrants, and covenants that Member has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Member’s obligations or duties, whether performance is due now or during the Term.

(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

10. Limitation of Liability

(a) In no event shall Company have any liability to Member for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

(b) In no event shall Company’s liability to Member exceed the fees paid by Member under these terms, whether in contract, tort, or under any other theory of liability.

(c) The limitations in this Section 10 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Sections 7 and 8.

(d) Member understands that the information presented in the Program is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Membership and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Member understands that Company does not and will not provide any form of diagnosis.

If a coach or individual acting on behalf of Alexander Magnolia Holistic Wellness, LLC within the program is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Member understands that these individual(s) are not acting within their capacity as a licensed professional(s).

11. Entire Agreement; Modification

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

12. Neutral Construction

This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by it or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

13. Changed Terms

Company may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on the Membership forum/Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.

14. Assignment

This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Member may not assign any of its rights under this Agreement.

15. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Alexander Magnolia Holistic Wellness, LLC

E-mail: [email protected]

To Member at Member’s mailing and/or e-mail address provided at the time of purchase.

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.

16. Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado as applied to contracts that are executed and performed entirely in Colorado. The exclusive venue for any proceeding based on or arising out of this Agreement shall be El Paso County, Colorado. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

17. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

18. Severability

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected and will continue in full force and effect.

TERMS OF USE:

**Healthy Body Blueprint Online Course/Digital Product Purchase Terms & Conditions**

**Subscription Membership Terms & Conditions**

Healthy Body Blueprint Online Course/Digital Product Purchase Terms & Conditions

Subscription Membership Terms & Conditions