Terms of Use
Last updated April 3, 2023
Luxe Life Coaching Agreement
This Coaching Engagement Agreement (“Agreement”) is entered into by and between LUXE LIFE COACHING, LLC, a Pennsylvania Limited Liability Company (“LUXE LIFE COACHING” or “Company”), and you, the user (the “Client” or “you”).
Collectively, LUXE Life Coaching and the Client will be referred to as the “Parties.”
LUXE Life Coaching, LLC is a limited liability company that focuses on providing coaching, training, education, guidance and support in the area of weight loss. The “Stop. Dieting. Forever.” program is a signature weight loss and lifestyle program provided by LUXE Life Coaching. LUXE Life Coaching provides the Jennifer Dent website and various related services (collectively referred to as the “Site”), as well as various products, coaching, services and materials (collectively referred to as “Offerings”), subject to your compliance with the following Agreement, as well as any other written agreement(s) between the Parties.
The Client is an individual, aged eighteen (18) and above, who desires to participate in the programs offered by Company. Hereinafter, “you” and other third-person pronouns will refer to the Client.
References to “Affiliates” include Luxe Life Coaching’s owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
Acceptance of Terms. LUXE Life Coaching, LLC (referred to as “Company,” “us” or “we”), provides the Jennifer Dent website and various related services (collectively referred to as the “Site”), as well as various products and offerings (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and you.
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgment and acceptance of the modified Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.
BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS. THESE TERMS ARE EFFECTIVE AS OF APRIL 3, 2023.
NOW, for good and valuable consideration, the Parties agree as follows:
1. Offerings.
a. Coaching. This Agreement forms a legally binding agreement between the Client and LUXE Life Coaching and governs the Client’s access and use of the LUXE Life Coaching’s services and training content (“Coaching Services”).
b. Coaching Services and Materials. The Parties agree that Luxe Life Coaching will provide Coaching Services in the form of weekly group coaching sessions led by coaches employed by LUXE Life Coaching and guest coaches. Additionally, the Client will receive access to digital copies of a 90-day planner, worksheets that complement the coaching sessions, video modules, checklists, and trackers (“Coaching Materials”).
Collectively, Coaching Services and Coaching Materials will be referred to as “Offerings.”
BY ACCESSING OR USING ANY OF THE OFFERINGS, YOU AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND ANY AMENDMENTS THERETO. READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE OFFERINGS. THIS AGREEMENT MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION; AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF ANY OF THE OFFERINGS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS.
Payment. You agree to the fees and payment schedule selected at checkout. Once the first payment is processed, your access to the program begins. The Client will be responsible for the payment of fees (“Coaching Fees”) to the LUXE Life Coaching. If you select a payment option, then a recurring monthly payment will be automatically charged to your card every thirty (30) days until termination of the program, according to Section 16. If you select the pay in full option, you will have indefinite access to the program for as long as the course is available, according to Section 16. You agree to the fees and payment schedule selected at checkout. You agree to the fees and payment schedule selected at checkout.
You can cancel at any time before the next month's payment is charged, as outlined in Section 16. In the event you do cancel, default or late payments will be due immediately.
Fees may be paid to LUXE Life Coaching via credit and/or debit card. You give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization. This site does not process credit and/or debit cards or take other payment processing information. Payment processing is handled through third-party services, such as PayPal and Stripe.
If payment is not received when due, the Company reserves the right to suspend or terminate your access to the Offerings or delivery of products, immediately and permanently. The Company will provide notice of the failed or missing payment to the e-mail address you provide for your account. Company may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Refund Policy. Your satisfaction with the Offerings is important to the Company. However, because of the extensive time, effort, preparation and care that goes into creating and providing the digital Offerings, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment for any portion of the Offerings and no refunds will be provided to you at any time. By using and/or purchasing the Offerings, you understand and agree that all sales are final, and no refunds will be provided.
2. Coach-Client Relationship. The coaching relationship is co-creative, meaning that the coaches and you are equal partners in any coaching session. Coaching is designed to help you change the way you think, which will affect your feelings, which will affect your actions, which will ultimately affect your results. Coaches cannot, and do not, guarantee particular results thus the Client agrees that LUXE Life Coaching offers its coaching program with no guarantee of results of any kind. The Client agrees that any results that occur during their coaching, whether positive or negative, are the effects of Client's own personal choices.
3. Client Consent. The Client agrees to hold LUXE Life Coaching, its owners, affiliates, and representatives, harmless from any damage, whether tangible or intangible, that may happen to the Client while participating in the Offerings. The Client agrees and verifies that all the information they have given the LUXE Life Coaching and its representatives is accurate, up to date, and without the omission of any requested information.
The Client agrees and verifies that even if they have omitted any necessary personal information, whether knowingly or unknowingly, they will hold the LUXE Life Coaching harmless against all liability for any damages that may occur to the Client or others because of the Client's actions or inactions.
The Client agrees to notify the LUXE Life Coaching Group of any changes or upcoming changes concerning their personal information.
7. Medical Disclaimer. The Client agrees and comprehends that Offerings are not a substitute for medical advice. It is imperative that the Client does not disregard medical advice or delay seeking medical advice because of information the Client reads on the LUXE Life Coaching’s website or content produced. The Client agrees to not start or stop any medications without speaking to their medical or mental health provider. LUXE Life Coaching is not a medical establishment and LUXE Life Coaching’s staff and/or its affiliates are not medical professionals. LUXE Life Coaching will not provide healthcare, medical, or nutritional therapy services or attempting to diagnose, treat, prevent, or cure any physical, mental, or emotional issue. The information provided on LUXE Life Coaching’s website or content material produced is for informational purposes only and it not intended to substitute professional medical advice, diagnoses, or treatment. LUXE Life Coaching requires that the Client seeks advice from their physician or other qualified healthcare provider before undertaking a new health regimen. LUXE Life Coaching urges that Client does not disregard medical advice or delay seeking medical advice because of information read on LUXE Life Coaching’s website or content produced. LUXE Life Coaching recommends that the Client does not start or stop any medications without speaking to your medical or mental health provider.
8. Assumption of Risk. The Client agrees and understands that their participation in the Coaching Services may involve risks. These risks may lead to tangible or intangible harm, and the Client agrees that these risks may result not only from their own actions but also from the actions of others. With the knowledge and understanding of these risks, Client chooses, of their own will and volition, to continue participating in the Coaching Services.
9. Marketing Release Waiver. The Client Agrees to grant LUXE Life Coaching permission to use the Client’s name, comments, feedback, likeness in a photograph, video, or digital media, statements, and testimonials (collectively “user marketing content”) in any manner in media now known or to be later developed at any time, throughout the world for marketing, advertising, recruiting, art, and publicizing purposes. Use of user marketing content by LUXE Life Coaching does not create any ownership interests or rights in LUXE Life Coaching or any of its products or content. The Client waives any right to inspect or approve the finished product. Additionally, the Client acknowledges that LUXE Life Coaching is under no obligation to use the Client’s user marketing content.
By posting or submitting any material during the program such as comments, posts, photos, designs, graphics, images or videos, or other contributions, you are representing to the Company that you are the owner of all such materials. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting the Company the right to make it part of the Company’s current or future Offerings. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the program that may contain you, your voice, and/or your likeness. In the Company’s sole discretion, the Company reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program or in the Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
Opt-Out. Client reserves the right to opt out of any user marketing content by sending an email to clientcare@jenniferdent.com and expressly stating what material Client wishes to not be used.
10. Confidentiality. The Company is not legally bound to keep your information confidential. You acknowledge that your communications with the Company are not covered by any privilege.
You may use a screen name or pseudonym instead of your actual name for your participation in the Program and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Program, on the Company’s website, on third-party forums operated by the Company, or as otherwise determined by the Company in its sole discretion. We will make all efforts to protect participant identity but we do not guarantee this at anytime. You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Offerings.
PLEASE NOTE: Dates and times of coaching calls are subject to change. Understand that these events are being recorded. If you don’t want to be recorded or photographed, you agree it is your responsibility to avoid appearing on camera or speaking. You also agree not to post or share, on social media or otherwise, screenshots from the event that contain personally identifying information of other participants. Short clips of coaching calls may be used outside the group for promotional and marketing purposes, however, clients identity, including names and images, will not be revealed.
11. Intellectual Property. The Parties acknowledge that the Client will encounter and receive access to LUXE Life Coaching trade secrets and proprietary materials, including but not limited to information, communications, software, published works, handouts, worksheets, video modules, checklists, trackers, videos, graphics, music, sounds, planners or other material that can be viewed by users on our Site and is owned by Company or its Affiliates (collectively “Content”). The Client agrees that this access to this Content constitutes a limited license to use these materials solely for the purpose of participating in the program. LUXE Life Coaching retains all proprietary rights and interests in copyrights, trademarks, patents, and trade secrets. The Client agrees not to publish, record, photocopy, reproduce, or transmit any proprietary material without the express written consent of LUXE Life Coaching.
a. Ownership of the Content
By accepting these Terms, you agree that all Content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of the Company or its Affiliates.
The following are registered trademarks, trademarks or service marks of LUXE Life Coaching, LLC or its Affiliates: words, logos, and phrases. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or the name of Jennifer Dent Brown, LUXE Life Coaching, LLC or its Affiliates.
b. The Company’s Limited License to You
If you view, purchase or access any Offering, you will be considered the Company’s Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use individual pages of the program and content for your own personal, non-business purposes only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Offerings for commercial purposes or in any way or by any means whatsoever without prior written permission from Company. By downloading, printing, or otherwise using the program or content for personal use you in no way assume any ownership rights of the Content or Offerings - it is still Company property. Any reproduction or unauthorized use of any materials found in the Offerings or on the Site shall constitute infringement and violates Company’s intellectual property interests and could result in criminal or civil penalties.
The trademarks and logos displayed on the Offerings are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company’s written permission.
Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
All rights not expressly granted in this Agreement or any express written license, are reserved by the Company.
c. Your Intellectual Property Rights.
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that Company-or User Content provided on this Site has infringed you or someone else’s copyright, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent (identified below) immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
6. The Rights Holder’s electronic signature. Notice may be sent to:
Contact Name: LUXE Life Coaching, LLC c/o Jennifer Dent Brown
Address: 757 Bainbridge Street, Philadelphia, PA 19147
Email: questions@jenniferdent.com
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
d. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by completing emailing clientcare@jeniferdent.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Offerings.
12. Site Conduct and Posting Policies.
User-Created Content Guidelines. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site or the Blog. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
a. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
b. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
f. Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;
g. Impersonates any person or entity, including any of our employees or representatives.
No Endorsement. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
Third Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. Client Restrictions. You are prohibited from, and expressly agree that you will not:
a. circumvent or disable any content protection system or digital rights management technology used with any Offerings;
b. decompile, reverse engineer, disassemble or otherwise reduce any Offerings to a human-readable form;
c. remove identification, copyright, or other proprietary notices in or on the Offerings;
d. access or use any Offerings in an unlawful or unauthorized manner, or in a manner that suggests an association with our content, products, services, or brands, unless you have an executed agreement with us that allows for such activity;
e. use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Offerings or any part thereof, except as expressly authorized in this Agreement or as part of the Offerings provided to you;
f. introduce a virus or other harmful component, or otherwise tamper with, impair, or damage any Offerings or connected network, or interfere with any person or entity's use or enjoyment of any of the Offerings;
g. access, monitor, or copy any element of the Offerings using a robot, spider, scraper or other automated means or manual process without our express written permission; or
h. sell, resell, or make commercial use of the Offerings, unless you have an executed agreement with us that expressly allows for such activity.
14. Third-Party Services. Certain Coaching Services may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials ("Third-Party Services"). We do not control any Third-Party Services. We additionally make no claim or representation regarding the third-party services and accept no responsibility for, the quality, content, nature, or reliability of Third-Party Services accessible from our websites, application, software, or any other element of the Coaching Services. There is no implied affiliation, endorsement, or adoption by the LUXE Life Coaching of these Third-Party Services and we shall not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal agreements that apply to these Third-Party Services.
15. Email Service. We may make email services available to users of our Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied email account.
16. Termination or Cancellation. This Coaching Agreement shall continue until terminated by either Party. To cancel this Agreement, the Client must provide the LUXE Life Coaching with a written notice requesting cancellation before the next billing cycle.
The cancellation will be processed prior to the Client’s next drafted payment and the access will remain active until cancellation is complete. Coaching Fees are not prorated. If the Client wishes to rejoin after cancellation, they may enroll again during the next open enrollment.
The Company reserves the right in its sole discretion to refuse or terminate your access to the Offerings, in full or in part, at any time without notice. The Company may immediately terminate your participation in Luxe Life Coaching at any time, without refund, if any of the following occur:
There is a breach of any of the terms of this agreement by the Client
The Client dies or is incapacitated
The Client is unable to pay the required fees
The LUXE Life Coaching is liquidated, dissolved, or discontinued in any manner
A petition is filed by or against the LUXE Life Coaching under federal or state bankruptcy or insolvency laws.
In addition, any suspected fraudulent, abusive or illegal activity may be grounds for barring your access
to this Site, and reporting you to the proper authorities, if necessary.
If you would like to cancel or terminate your participation in the Program, you must contact the Company via email at clientcare@jenniferdent.com and include the following:
Please cancel my access to [Program Name]
I understand that by canceling, I will be removed from any online forum and will lose access to all content, but I am still bound by all ongoing provisions in the Stop. Dieting. Forever. program Agreement which I agreed.
Signed,
[ENTER YOUR NAME]
You may cancel at any time. Cancellation or termination does not automatically entitle you to any refund and any remaining, default, or late payments will be due immediately.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the Offerings available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. The restrictions imposed on you in this Agreement with respect to the Offerings will still apply now and in the future, even after termination by you or the Company.
17. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in the agreement by the Client and to the Company at:
Mailing Address: Luxe Life Coaching, LLC c/o Jennifer Dent Brown
737 Bainbridge Street, Suite 192
Philadelphia, PA 19147
Email Address: questions@jenniferdent.com
All notices shall be delivered by email or at the address which the parties may designate to each other, personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving Party has received the Notice and (b) the Party giving the Notice has complied with the requirements of this Section.
18. Site Responsibility. Company is responsible for providing Content to the Site and ensuring Content is accessible.
Client is solely responsible for providing, at their own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of fees associated with such access).
Parties understand and agree that temporary interruptions of the Site may occur as normal events that are out of Parties control. Client understands and agrees that Company has no control over the third-party networks or service(s) that Company may use to provide the Offerings. Client agrees that the Offerings available on this Site are provided “AS IS” and that Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
19. Indemnification. The Client agrees to defend and indemnify LUXE Life Coaching and any of its affiliates (if applicable) and hold them harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to the Client's use or misuse of the activities, Client's breach of this Agreement, or the Client's conduct or actions. The Client agrees that LUXE Life Coaching shall be able to select its own legal counsel and may participate in its own defense, if so desired.
20. Dispute Resolution. In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of Pennsylvania. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the LUXE Life Coaching will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of Pennsylvania without giving effect to any choice or conflict of law provision or rule. Each Party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts.
22. Representation. The Client agrees that they are over 18 (eighteen) years of age and may legally consent to and enter into this Agreement.
23. Counterparts. This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
24. Survival. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
25. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
26. Severability. If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
27. Entire Agreement. This Agreement constitutes the entire understanding between the Client and the LUXE Life Coaching with respect to any and all use of the coaching services and activities. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the Parties' relationship.
