Terms of Use

Effective Date: January 1, 2022

The website https://www.shari@sharibiery.com (hereinafter “Website”) and any content therein (defined below) is  owned and operated by Alive With Purpose Health & Life Coaching, A Florida Limited Liability Company(hereinafter  “we” “us” or “our”). Please read all Terms & Conditions before using our Website – by visiting and using this Website,  you (hereinafter “visitor” “you” or “your”) are consenting that you have read these Terms & Conditions, and agree to  be bound by them.  

Please note these Terms & Conditions may be subject to changes or updates at any time, and Website may not provide  notice of such changes or updates. We reserve our right to make any changes or updates at any time, and the burden is  on the user to routinely check these Terms & Conditions for updates. By continuing to use our Website and the content  

we produce, you confirm you agree to be bound by the Terms & Conditions as they appear, whether or not you have  read them. If you are not in agreement with these Terms & Conditions, please do not use our Website or any of the  Content that appears thereon.  

If you purchase a Program, Product, or Service from us, you will also enter into one or more separate agreements with  us and are subject to the terms outlined in the Client Agreement and/or Terms of Use associated with the program,  product, or service purchased, which shall prevail in the event of a conflict or issue. All private clients will sign a  Client Agreement prior to beginning any such work, and all online purchases carry additional Terms of Use relating to  the product being purchased, with your purchase of the product or service constituting acceptance and agreement to  adhere to these additional terms.  

Intellectual Property Rights 

A. This Website contains original work that has been created with creativity, originality, dedication, care, detail,  planning, and creative thinking. This collection of work is considered intellectual property created and owned  by Alive With Purpose Health & Life Coaching, LLC and is protected under Federal Intellectual Property  Laws, which prevents unauthorized use of our materials. These materials may include, but are not limited to:  trademarked and copyrighted material, as well as any and all original works on our Website and within the  content provided, including but not limited to website design, layout, photographs, graphics, words, content,  information, documents, data, our logo, artwork, color scheme, branding and/or placement of same on  Website, to the extent protectable, and any and all other information accessible through this Website, which  constitutes proprietary information. This protection also includes any and all content that appears on the  Website, including blog posts, program names, and any other text whether or not authored by us. All  proprietary information and content hereinafter identified as (“Content”).  

B. Your ability to view Content on our Website grants you a limited, revocable, non-transferrable license to use  the information available to you for your personal, non-commercial use only. Should you decide to purchase a  product, package, or service from our Website, you will also be granted a limited license to use the  information contained therein, as outlined in the Terms of Use or Client Agreement associated with each  product or service available for purchase.  

C. You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you  copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the  content or intellectual property on the Website, including that which has been posted by a third party, without  our express written consent. You also agree you will not hold any of our Content out to be your own, or use  any portion of our Website, including all Content, information, and purchased materials, in any commercial  manner such that you make, may make, or intend to make a profit from it. If such behavior is discovered or  suspected, we reserve the right to immediately revoke your access to our Website, as well as any program or  materials you may have purchased, without refund, and reserve the right to prosecute any actionable  infringement or misuse to the full extent of the law.  

D. Any requests for written permission to use any content posted on our Website shall be made before you wish  to use any such content, and may be made by sending an email with your written request to  alivewithpurposecoaching@gmail.com 

E. Licensee / Licensor Rights: Your License to Us 

a. You may be able to post your original content to our Website, including but not limited to blog  comments, testimonials, or photos. You may also have the opportunity to respond to generated emails  with comments or feedback, comment on a social media live stream, webinar, or any other medium  where content is distributed in a manner that allows for participation or feedback. By posting any sort  of information, you represent you are the owner of anything you post and are at least 18 years of age.  

b. When you submit or post any such information, you also agree and understand that you are assigning  and/or licensing us and anyone else authorized by us, the irrevocable, unlimited, royalty-free,  perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, sell, copy, edit, exploit, or  otherwise publicly disseminate any information or content you post, in whole or in part, with or  without identifying you as the author of the original post or comment. If we so choose to identify you,  you also grant us the right to identify you as the author of any comments, posts, or the like by name,  email address, screen name, or any other reasonable manner of identification.  

c. You agree you are wholly assigning any intellectual property ownership rights to us by your action  and decision to post on our Website, or otherwise provide us with content, with access to our Website  constituting good and valuable consideration in exchange for these intellectual property rights. You  understand that should any of your comments or posts be used, in whole or in part, you are not  entitled to any payment and will not request any form of payment or favorable treatment in return.  

d. Testimonials: Our Website may feature testimonials from clients to provide readers with comments,  feedback, and information from others’ experiences with our services, Website and products. While all  information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our  Website and services, these testimonials are not to be considered as a guarantee that current or future  clients will experience the same results, or a guarantee that all clients will have the same experience.  You understand and agree that by reading a featured testimonial on our Website, you do not expect the  same results, and understand this information is not a guarantee. You also understand and agree that  the individuals featured may have different medical history and health status, and what worked for  them may not work for you; you agree to use common sense, and consult your personal medical  provider before beginning any program we offer, and/or before implementing any information found  on Website. 

Your Conduct 

A. Should you choose to post anything on our Website, social media pages, webinars, or otherwise, you are  hereby agreeing and acknowledging you will not post anything that could harm us or another user, or include  anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to  post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our  right to take action against you to the full extent of applicable laws.  

B. You may use our Website for lawful purposes only, and agree you will not post, comment, or otherwise  transmit any content which infringes the rights of another, and agree to hold us harmless should you do so.  You also agree and understand you are not to post any content which would constitute a criminal offense, use  the Website or content for fraudulent or unlawful purposes, create civil liability, is repugnant, constitutes a  violation of another’s intellectual property rights, is vulgar or obscene in any way, or is otherwise  objectionable. You agree that we are the sole decider in whether content you post is objectionable and have the  unilateral right to remove any content you post, without explanation or ramifications. You also understand that  we may be obligated to take further legal action, based upon information you post, and reserve our right to do  so. Should a third party choose to take legal action against you, as a result of something you posted on our  Website, you agree to hold us harmless and fully indemnify us of any legal ramifications or actions.  

Use of Free Materials or Content 

A. At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name  and email address. Should you choose to download or print this material, you understand this is to be used for  your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in  any way other than in its original form. Should you choose to share the material, you agree and understand  that you will provide Alive With Purpose Health & Life Coaching credit, will not hold the material to be your  own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.  

Disclaimer 

A. The purpose of this Website is solely to provide educational information to those wishing to view it. Any  Content on this Website, or Content you receive because of your decision to opt-in to our email list has been  created solely for educational and informational purposes. We cannot and do not guarantee any type of  specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained  therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the  success of your business, any coaching program, or any results stemming therefrom. You understand and  agree to this, and acknowledge that your use of any information contained herein is purely voluntary.  

B. You also understand nothing on Website is intended as medical advice or as a substitute for mental health  treatment. Any decision you make to implement or follow information found on Website, or to purchase a  product or service, is purely voluntary and of your own volition. We recommend you consult with your  personal physician or other applicable medical professional prior to implementing any content found herein,  and/or prior to beginning any program or service we offer; nothing contained on this Website or within any  product or service found herein is intended to take the place of a consultation with any such professional. 

C. Website and the Content produced are not to be relied upon in any way as medical, legal, financial, or  business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to  take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant,  therapist, financial advisor, business consultant, or other expert regarding the details of you or your child’s  life. You are encouraged to consult with your own professionals for any questions you may have regarding  your particular business or situation regarding legal, business, medical, or financial questions, or any similar  professional that may address your own individual situation.  

D. Your decision to visit our Website, use information contained herein, and purchase products we offer is purely  voluntary, and you understand we are not responsible or liable for any harm or damage to you or your  business resulting from direct or indirect use of materials or content contained on our Website. You agree to  hold Alive With Purpose Health & Life Coaching, LLC harmless from any damages directly or indirectly  resulting from your use of Content or products/services on our Website or distributed through email, and agree  you will not make any claims against us or the company herein.  

Technology Disclaimer 

A. By using our Website, you understand and agree that Alive With Purpose Health & Life Coaching, LLC  makes no guarantees or warranties regarding the condition of Website, including functionality, existence of  viruses or other components that may harm users’ computers, uninterrupted use, constant access and  availability, and the like.  

B. We will make every effort to make our Website available to you at all times; however, from time to time the  Website may be down for maintenance, repairs, as a result of “crashing” or overuse, or any other reason,  known or unknown to you, and you agree and understand that this may occur without explanation. Should this  occur, you understand, agree, and acknowledge we are not liable for any damages, losses, interruption in your  business, or other inconvenience sustained by you as a direct or indirect result of the unavailability of our  Website. We do not owe you an explanation, refund, or any reimbursement, nor do we have any obligation to  you to continue running our Website, and you agree to simply check our Website at a later date to confirm  when it has been relaunched.  

C. We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or  any portion thereof without notice before or after, and such Content may thereafter be unavailable. The  Website and any and all content and products made available are offered on an “as is” basis, with no  additional attachment or warranties therein. You understand and agree we are not obligated to you to continue  running all or part of our Website or any content therein, or any particular products being offered for sale, nor  shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to  alter, remove, or change Content without notice.  

Information You Provide  

A. In order to gain access to our email list, you may be required to provide information about yourself, including  your name, email address, and other personal information. In order to purchase products or services, you will  also be required to submit payment information and a billing address, and may be asked to create a username  and password to gain access to your purchased materials. Please note you are responsible for keeping track of  your username and password, and understand that you bear the consequences should you choose to share this  confidential information with anyone. If you are under 18, please obtain permission from a parent or guardian,  

and have your parent or guardian enter their personal information on your behalf. Please review our Privacy  Policy available www.alivewithpurpose.net for all other information relating to data collection.  

B. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis.  By choosing to provide us with this information, you agree and represent that any information provided to us  through the Website or a third-party payment processor will be accurate and current, and belong to you. You  understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear  the consequences should you use anyone else’s information as your own.  

C. You also agree that you are to remain financially responsible for any purchases made through our Website by  you, or by another person acting on your behalf, regardless of the information provided at checkout. Should  information become available at a later date confirming you performed unauthorized use of a credit card or  other payment information belonging to someone other than yourself, you understand and agree that you alone  remain financially responsible for purchases made through our Website.  

Online Purchases 

A. Should you elect to make a payment through our Website, information obtained during your purchase,  including name, address, credit card information, method of payment, billing information, and other  personally identifiable information may be collected by us, as well as our payment processing company. 

B. You also understand and agree that any information provided by you is true and accurate, to be relied upon by  us and our team in processing payment and delivering our products to you. Should your payment fail to  process, we reserve the right to withhold the purchased product from you unless and until payment is properly  rendered.  

C. Limitations of Liability: We will take reasonable precautions and measures to keep this information private.  While we will attempt to monitor and resist any third party hacking or third party ability to gain access to  confidential information held by us, you agree and understand we are not liable for any unauthorized access to  or use of your information or property, regardless of negligence, failures, tort, breach of implied or express  contract, or any other causes of action or legal theories of liability, even if such theories could have been  foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend  to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one  person or collective plaintiffs.  

D. You also acknowledge and agree that we have no responsibility or liability for policies of third-party payment  processing companies we select and use to facilitate purchases through our Website. When you make a  purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or  guidelines of the payment processing company, in addition to ours. For more information, we encourage you  to visit the website of the payment processing company and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you  incur as a result of this process and agree not to file or assert any claims against us or the payment processing  company arising from your purchase of a product through our Website.  

Indemnification 

A. You agree at all times to defend, fully indemnify and hold Alive With Purpose Health & Life Coaching, LLC  and any affiliates, agents, team members or other party associated with us from any causes of action, damages,  losses, costs, expenses incurred as a result of your use of our Website or any products or services contained  therein, as well as any third-party claims of any kind (including attorney’s fees) arising from your actions in  relation to our Website or any breach by you of any such conditions outlined herein. Should we be required to  defend ourselves in any action directly or indirectly involving you, or an action where we decide your  participation or assistance would benefit our defense, you agree to participate and provide any evidence,  documents, testimony, or other information deemed useful by us, free of charge.  

B. We will attempt to monitor any comments and posts made by third parties and users as often as possible.  Should you, as a user of our Website, see anything objectionable or offensive posted by a third party, you  agree to (1) notify us of the material, and (2) agree not to take any action against us based upon the content  posted by the third party. You understand we cannot be responsible for material posted by a user without our  control, and agree to release us of any and all claims arising therefrom.  

C. Should you choose to utilize information offered on our website, whether free or for purchase, you understand  that we are not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable,  incidental, or otherwise – stemming or perceived to stem from use of or reliance upon any information  contained or found on our Website, or from products or services purchased therefrom. You also understand  and agree that we are not liable for any damages incurring as a result of your reliance or use of information on  our Website written by a third party, whether endorsed or not by us, and you agree to release us from any and  all claims stemming from, or perceived to stem from, reliance on information contained on our Website.  

Limitation of Liability 

A. You understand and agree that the information offered via Website is general information that may not be  suitable for all persons, businesses, locations, countries, or persons in specific situations. Your decision to use  any information or purchase any products or services offered on our Website is purely voluntary. Should you  choose to purchase products or services via our Website, you understand and agree that we may not know  your personal and specific situation and have no way of knowing of a program’s specific applicability to your  life or business. You agree and understand you will hold us harmless from any direct or indirect, perceived or  actual damages or harm to your person or business as a result of choosing to utilize information found on or  purchased from our Website. We are not responsible for any result stemming from your decision to use  information provided by us, nor are we responsible for your mental or physical health, income, finances,  earnings, business, clientele, client base, or any other result, and you agree we are not liable for any such  damages or losses incurring therefrom.  

B. You understand and agree that Alive With Purpose Health & Life Coaching, LLC is not to be held liable for  any type of direct or indirect damages arising out of your use of our Website, any information contained  herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing  information found on Website, or any products or services purchased therefrom, including but not limited to  general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable  or responsible in any way for any loss incurred by you or your business, including revenues, clients, business,  goodwill, income, anticipated income, predicted income, sales numbers, loss of a sale, data, nor any computer  failure, computer virus obtained by use of our Website, technical glitch or failure, defect or delay, or any other  similar issue. You agree that your decision to use our Website is wholly at your own risk and voluntarily  chosen by you, and any ramifications resulting therefrom are yours alone.  

C. You also understand and agree that we make no warranties, express or implied, and hereby renounce any such  warranties, guarantees, or representations with respect to any portion of our Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through  purchase via our membership site. By use of the Website, you agree and understand that use of content and  information found herein is to be used at your own risk, with no guarantees, representations, or warranties  regarding fitness for particular purpose, accuracy, or otherwise.  

Release of Claims 

A. You also agree that under no circumstances will we be liable to any party for any type of damages resulting or  claiming to result from any use of or reliance on our Website or any information or Content found therein,  including any injuries sustained as a direct or indirect result of use of our programs or implementation of any  information contained on our Website, and you hereby release us from any and all claims whether known now  or discovered in the future.  

Termination 

A. You agree and understand we have the right to refuse or immediately terminate your access to our Website at  any time, for any reason, with or without notice. Should this occur, we do not owe you an explanation, nor is  this decision subject to any appeals or legal action. If you made any purchases and we determine you are  entitled to receive or allowed continued use of the purchased information, we will make this information  available to you in a way we see fit, which you agree will be satisfactory to you.  

Dispute Resolution  

A. These Terms and Conditions shall be governed by the laws of the state of Florida. Should any dispute arise,  you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by  Arbitration and/or a suitable Alternative Dispute Resolution in Gulf Breeze, Florida regardless of your  location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in  good faith in the mediation process, with failure to do so creating our right to pursue any other available legal  remedies, including but not limited to alternate forms of dispute resolution or litigation.  

B. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise  unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and  unaffected by the removal of any portion of these Terms and Conditions.  

C. These Terms and Conditions constitute the entire agreement between us with respect to your use of our  Website, content, and products, and supersedes any other agreement, with the exception of any separate  agreements, including Terms of Use, entered into by virtue of your decision to purchase any products  available on our Website. Nothing on our Website nor any communications between us is to be construed as a  waiver of any of the above, nor shall we have waived any portion of these Terms and Conditions absent  express, written information by us expressly stating otherwise. 

Should you have any questions with respect to any of the foregoing, please contact us at  

shari@sharibiery.com