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Our privacy policy:

PRIVACY POLICY

EFFECTIVE DATE:  This Privacy Policy was last reviewed on May 2018.

PRIVACY POLICY

Living Healthy Feeling Empowered and its current and future shareholders (including, without limitation, Leah Ervin), affiliates, parent companies and subsidiaries (“us” or “we“) are strongly committed to protecting your privacy and providing a safe online experience for all of our users while offering the highest quality user experience.

By using livinghealthyfeelingempowered.com and leahsusbornebooksandmore.wordpress.com (collectively, the “Sites“) and other current or future products and services purchased through the Sites (collectively, the “Services”), you agree to the terms of this Privacy Policy. The Sites and the Services may hereinafter be collectively referred to as, the “Sites and/or Services”.

Because we gather certain types of information about and from you, we believe it is important that you understand our collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read the complete Privacy Policy below, as well as our Terms of Use, and contact us if you have any questions.

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND HOW DO WE COLLECT IT?

You can visit our Sites, use our Services, read materials, obtain information, data and advice and browse content on the Sites or provided via our Services without giving us any personally identifiable information. In order to provide you with the most efficient and enhanced personalized service and attention, and to accommodate certain requests that you make, we request information about you in certain circumstances (e.g., when you register to use our Services) and collect certain information automatically.

Information You Volunteer

We collect personally identifiable information that you enter on the Sites or in connection with the Services or otherwise volunteer to us (such as your name, e-mail address, credit card number, home address, phone number, and/or similar information), when you contact us to, among other things, make purchases or register for the Sites and/or Services, make help requests or request information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as providing certain Services to you, responding to your requests, customizing future experiences for you, improving our operations, and communicating with you.

Note that our Sites and/or Services may also offer interactive services, such as chat rooms, web logs, forums and message boards.  Please remember that any information that you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose personally identifiable information in these areas.

Information Collected Automatically

We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use “cookies” or small data files stored on your computer’s hard drive and your devices and we obtain certain types of information when your web browser accesses our Sites and/or Services or advertisements and other content served by us or on our behalf on other web sites. We may also automatically collect your Internet Protocol and referring web site addresses, browser type and domain name. This information helps facilitate your online experience on our Sites and in connection with certain Services. We use “cookies” to track usage patterns on our Sites and in connections with certain Services and to control the display of ads, as well as to offer other functionalities. You can turn off cookies, but that will affect your online experience. Please see below for more detail on cookies.

WHAT DO WE DO WITH COLLECTED INFORMATION?

We use collected information to evaluate and administer our Sites and/or Services, fulfill your requests and registration, respond to any future problems, such as difficulties in navigating our Sites or accessing certain Services or features, and to gauge user trends.

As in any transaction, when you purchase products or Services or make a payment or donation by credit card, your credit card company will have all relevant information about the name of the vendor, item(s) or Services purchased, date, total cost and other information necessary to process the transaction. We will not otherwise provide any personal data to your credit card company without your permission. We and our technical, processing and fulfillment agents, partners, vendors and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements. We will add you to our monthly newsletter when you fill out the contact form above. You are able to opt out at any time.

HOW DO WE SHARE PERSONAL INFORMATION?

Personal information is available to us and the technical, processing and fulfillment agents, partners, vendors and consultants who make our Sites and/or Services available to you. Anonymous information is available to our affiliates, sponsors, vendors and partners.

Website hosting firms, technical, processing and database consultants and vendors, advertising agencies, order and credit card processing partners and vendors, and other third parties may have access to personally identifiable information in the course of making our Sites and/or Services and related contents available. All companies working for and with us must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law.

We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Sites and/or Services and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.

HOW DO WE USE COOKIES?

Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a web site. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best and make it easier to use our Sites and/or Services. You have the ability to accept or decline cookies by modifying your browser. Our Sites and/or Services are viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features or offerings will not be available to you.

What About Links to Other Sites?

Our Sites and/or Services may contain links to other websites that are not owned and operated by us and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Sites and/or Services, use of any information you provide is governed by the privacy policy of the operator of the website you are visiting or the provider of such products or services.  We are not responsible for their privacy practices.

Cooperative Relationships With Third-Parties

We may also make some content, materials, information, data, products and services available through our Sites and/or Services in connection with cooperative relationships with third-party providers, where the brands of our provider partner appear on the Sites and/or Services in connection with such content, materials, information, data, products and/or services.  We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.

ACCESS

If personal information you have submitted is no longer accurate, current, or complete and you wish to update it, please contact us at by email leahwhittomervin@gmail.com. Upon appropriate request we will provide you a copy of your information within in a reasonable time and we will correct or delete it within a reasonable period of time after your request. Notwithstanding the foregoing, there may be circumstances where we are legally required to retain the information we collect about you (for example, in connection with court proceedings) and despite your request for us to delete your information, we will retain what we are legally required to keep. We also reserve the right to use previously obtained information to verify your identity or take other actions that we believe are appropriate.

You may also unsubscribe to any online e-mail updates sent to you by us, by following the unsubscribe instructions in the body of any e-mail message. We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom your information was previously disclosed.

SECURITY

We maintain reasonable and appropriate physical, electronic and procedural safeguards to protect your personal information. While we do work very hard to protect your privacy, no method of security is 100% effective, and we cannot be responsible for the actions of those who may gain unauthorized access to your personal information. We make no warranties, express, implied or otherwise, as to the ultimate effectiveness of its reasonable and appropriate safeguards.

YOUR CALIFORNIA PRIVACY RIGHTS

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Living Healthy Feeling Empowered P.O. Box 274 Wilton, IA. 52778. In your request, please specify that you want a “Your California Privacy Rights Notice”. Please allow at least 30 days for a response.

CHILDREN’S PRIVACY

We are strongly committed to protecting the safety and privacy of children who visit our Sites and/or Services. We do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA and its accompanying regulations under United States federal law protect the privacy of children using the Internet. Our Sites and/or Services include content that we believe to be unsuitable for children under 13 and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.

VISITORS OUTSIDE THE UNITED STATES

Our Sites and/or Services and the servers that make Sites and/or Services available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Sites and/or Services. Any information you provide in subscribing to our Sites and/or Services or registering or ordering at our Sites or for our Services will be transferred to the United States. By visiting our Sites and/or utilizing our Services and submitting information, you authorize this transfer, processing and use.

Where Is My Information Stored?

Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Sites and/or Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than in your country. The Sites and/or Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

CHANGES TO OUR PRIVACY POLICY

We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Sites or utilize our Service to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered Site visitors or Service users information on material changes to this Privacy Policy.

Notices, Revisions and Conditions of Use

If you choose to visit our Sites or use our Services, your use, visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes, arbitration and application of the law of the State of California. If you have any concern about privacy at our Sites or in connection with our Services, please contact us with a thorough description, and we will try to resolve it. As our business changes, our Privacy Policy and Terms of Use may change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Sites frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We will not materially change our policies and practices to make them less protective of personal information collected in the past without the consent of affected user.

CONTACT INFORMATION

If you have any questions about this Privacy Policy or our privacy practices, please e-mail us at leahwhittomervin@gmail.com. Please include the specific Services purchased or the URL of the Sites involved in your request.

 

 

TERMS OF USE

EFFECTIVE DATE:  THIS TERMS OF USE AGREEMENT WAS LAST REVIEWED ON May 26th 2018. TERMS OF USE AGREEMENT

1. INTRODUCTIONWelcome!  This Terms of Use Agreement (“Terms of Use”) applies to livinghealthyfeelingempowered.com and leahsusbornebooksandmore.wordpress.com and other current or future products and services purchased through the Sites (collectively, the “Services”), owned, operated and provided by Living Healthy Feeling Empowered and its current and future shareholders (including, without limitation, Leah Ervin), affiliates, parent companies and subsidiaries (“us” or “we“).  The Sites and the Services may hereinafter be collectively referred to as, the “Sites and/or Services”.PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES AND/OR SERVICES. By using the Sites and/or Services, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Sites and/or Services. In addition, when you use any of our current or future Services, you may also be subject to our guidelines, terms, conditions and agreements applicable to those Services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those Services, these Terms of Use will control.You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Sites and/or Services and data, materials, content and information available at or through the Sites and/or Services.

2.  AMENDMENT

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Sites and/or Services following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

3.  PRIVACY

Please review our Privacy Policy, which also governs your access to and use of the Sites and/or Services, to understand our privacy practices.

We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sites and/or Services only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

4. ELECTRONIC COMMUNICATIONS

When you access or use the Sites and/or Services or send e-mails or other communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites or via the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

5.  LIMITED LICENSE; RESTRICTIONS ON USE

All content, materials, data or information contained on the Sites or as part of the Services (collectively, “Content“), such as e-courses and course materials, e-books, interviews, meditations, podcasts, bonus materials, resources, text, graphics, logos, icons, images, stills, audio and video clips, creative materials, print, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Sites or as part of the Services is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Sites or as part of the Services is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Sites or as part of the Services are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Sites or as part of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal, non-commercial use of the Sites and/or Services. No Content of the Sites and/or Services or any other website, products or services owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Sites or in connection with the Services. Your use of Content on any other website or computer environment is strictly prohibited.

The limited license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Sites, Services or any Content; collect and use any product or service listings, descriptions, or prices; make any derivative use of the Sites, Services or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the limited license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

6. REGISTRATION AND PAYMENT.

If you want to access and use Services or certain features or functions of the Sites, you may be (i) required to pay a fee, and/or (ii) required to create an account and provide certain non-public, personally identifiable information as specified in our Privacy Policy, which may include providing your full name, email address, choosing a password which must form a unique combination and indicated that you agree to these Terms of Use and the Privacy Policy.  We may also, from time-to-time and at any time, request that you provide other information or we may provide you with additional codes, passwords or account ID’s necessary to access and use the Services or certain functions of the Sites. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Sites and/or Services, and we shall have no obligation to investigate the authorization or source of any such access or use.

YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND US, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SITES AND/OR SERVICES AND ANY CONTENT BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SITES AND/OR SERVICES AND ANY CONTENT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE SITES OR IN CONNECTION WITH THE SERVICES) THAT MAY RESULT FROM SUCH ACCESS OR USE.  You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify us of any unauthorized use of the assigned password or ID, or any other breach or threatened breach of a Site’s or a Service’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

Any processing of your payment is done by one of our third party vendors and you will be re-routed to a secure website to complete the payment transaction.  The privacy statement posted at the payment landing page operated by or on behalf of such third party vendor will govern the submission and processing of your payment details.  Please familiarize yourself with those terms prior to initiating a transaction.

Once your payment transaction is completed, you will be re-routed back to our confirmation page and will receive a confirmation email with your name, order/confirmation number and the payment amount.  Please retain this email for your records as this information will be required if you seek a refund from us.

Any fees for the Sites and/or Services, including but not limited to monthly fees, are subject to change at our discretion.

 

8.  SYSTEM REQUIREMENTS.

Use of the certain areas of the Sites and/or Services requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). We may, at any time and from time to time, in our sole discretion, modify, revise, or otherwise change the system requirements for the Sites and/or Services and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Sites and/or Services. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Sites and/or Services may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.

9. SUBMISSIONS, POSTINGS AND USER-GENERATED CONTENT

You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information on the Sites or as part of or in connection with the Services (including, without limitation, in online communities, forms and the like), so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. You should assume that any such content may be read by others, with or without your knowledge or permission.  We reserve the right (but not the obligation) to remove or edit any such content, at our sole discretion and for any reason or no reason, without prior notice, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.

Each time that you access the Sites or use any Services, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.

10. HYPERLINKS TO WEBSITES OF THIRD PARTIES

You should be aware that when you visit the Sites or use the Services, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Sites and/or Services, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

11. DISCLAIMER OF WARRANTIES; WAIVER AND RELEASE

THE CONTENT ON THE SITES AND ASSOCIATED WITH, OR PROVIDED IN CONNECTION WITH, OR INCLUDED AS PART OF, THE SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITES AND/OR SERVIES INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE SITES AND/OR SERVICES (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE SITES AND/OR SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE SITES AND/OR SERVICES OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR SITES OR ASSOCIATED WITH, OR PROVIDED IN CONNECTION WITH, OR INCLUDED AS PART OF, THE SERVICES. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SITES AND ASSOCIATED WITH, OR PROVIDED IN CONNECTION WITH, OR INCLUDED AS PART OF, THE SERVICES (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY WEBSITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

THE SITES AND/OR SERVICES ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL OR FINANCIAL ADVISOR. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. WE DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO YOU OR ANY OTHER USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION OR RESULTS FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITES AND/OR SERVICES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED IN, THROUGH, AS PART OF OR IN CONNECTION WITH THE SITES AND/OR SERVICES.

YOU AGREE THAT BY USING ANY SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS SITES AND/OR SERVICES AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, shareholders, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and reasonable legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE SITES AND/OR SERVICES OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE SITES AND/OR SERVICES OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITES AND/OR SERVICES, AS THE CASE MAY BE.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE SITES AND/OR SERVICES AND ANY OTHER WEBSITE, SERVICE, SOFTWARE, DEVICE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE SITES AND/OR SERVICES.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

14. TERMINATION

A.            These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Sites and/or Services and destroying all Content and other materials, data or information obtained from the Sites and/or Services and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by email to leahwhittomervin@gmail.com.

B.            We may terminate these Terms of Use (including your access to and use of the Sites and/or Services) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Sites and/or Services and destroy all materials obtained from the Sites or from, in connection with or as a result or part of the Services, and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.

C.           We will also terminate a your access to the Sites and/or Service or any Content, if you are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a submission, positing or User-Generated content removed more than once.

D.           The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall so survive such termination.

15. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Sites or as part of the Services;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please reach our Copyright Agent for notice of claims of copyright infringement on the Sites or as part of the Services at the following address:

Living Healthy Feeling Empowered
c/0 Leah Ervin
P.O. Box 274
Wilton, IA. 52778

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

16. CHOICE OF LAW AND FORUM SELECTION

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your access to or use of the Sites and/or Services shall be submitted to confidential, binding arbitration in Los Angeles County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

17. OTHER LEGAL PROVISIONS

A.  We may discontinue the Sites and/or Services at any time and for any reason, without notice. We may change the contents, operation, or features of the Sites and/or Services at any time for any reason, without notice

B. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Sites and/or Services. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites and/or Services or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

B.  Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

C.  If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

D.  These Terms of Use constitute the entire agreement between you and us regarding the Sites and/or Services and supersedes any prior or contemporaneous agreement regarding that subject matter.

Contact Information:  If you have a question about these Terms of Use or the Sites and/or Services in general, please contact our Customer Care in writing at cynthia (at) cynthiaoccelli (dot) com, Attention: Customer Care (in the “Subject” line).

EFFECTIVE DATE: May 26th 2018