Client Agreement, Website Terms, Conditions of Use & Disclaimer
Updated July 2, 2024
Client Agreement:
DESCRIPTION OF THE WORK (the “Services”)
For the purposes of this Agreement, “Services” shall mean the Deliverables as set out in the attached Schedule “B”, the emotional regulation habits coaching, programs, materials, designs and specifications, structure, sequence and organization of the Services and improvements, enhancements and modifications thereto, made, conceived or developed by the Company alone or with others which result from or relate to the services and Deliverables provided hereunder, or which the Client may receive from the Company while the Company performs the services and provides the Deliverables hereunder.
LIMITATIONS OF SERVICE: The Client acknowledges that the Company or its agents, employees, are not providing nursing or professional nursing services, despite Lauren Collins being a registered nurse. The Client agrees to the arrangement of working with Lauren Collins in the context of life/ wellness coaching, and this entity is not a registered practice. Please also note that before the implementation of any of the practices the Company educates about, the Client agrees to first discuss with their primary care provider. Also due to the nature of this work, note that if at any point it seems the Client is a threat/ harm to themselves or to someone in close proximity to the Client, the Company has the right to seek emergency medical assistance for the Client and to contact the Client’s emergency contact, as provided by the Client.
LIMITATIONS OF LIABILITY. The Client acknowledges and agrees that the Company and its subsidiaries, affiliates, directors, officers, and employees or contractors shall not be liable for any direct or indirect harm or damage suffered by the Client as a result of the care provided by the Company or its subsidiaries, affiliates, directors, officers, and employees, whether negligent or not.
TIME FOR COMPLETION: The Services to be performed by the Company pursuant to this Contract shall be session-by-session, with the Client having the option of booking future individual sessions. The Services shall terminate after each session, unless the client books further sessions and the Company will resume services which shall constitute the term (the “Term”) subject to the determination of per session as set out above. Cancellations are permitted with 24 hour notice, and the Client shall be subject to full payment of the Fees as set out herein. However, if after 24 hours, no reimbursement will be provided.
FEES: The Client agrees to pay the Company the sum of $47 per session prior to the session (unless otherwise noted by Company) during the Term, upon scheduling of session and prior to the provision of the Services (the “Fees”.)
ADDITIONS: The following items are not included within the Contract Price. The Contract Price will be adjusted upward to reflect the inclusion of the following:
- the cost of any required further or incidental Services or Deliverables deemed necessary by the Company or its agents, employees as determined in their sole discretion and consented to by the Client;
- any external charges related to training, monitoring, or additional care;
- charges associated with audits including without limitation: audit tools, audit reviews, the submittal of documents, or charges related to a 3rd party auditor; and
- any other manual materials as may be required for the care of the Client as approved in writing between the Company and the Client.
TERMS AND CONDITIONS: The Terms and Conditions attached as Schedule “A” are expressly incorporated into this Contract. Cancellation of this Contract by the Client shall be deemed a material breach of this Contract and entitles the Company to damages.
SCHEDULE “A” – TERMS AND CONDITIONS
- CHANGES IN THE WORK. Should the Client, or any other party, public body, or inspector direct any modification or addition to the Services covered by this Contract, the Contract Price shall be adjusted accordingly. Extra work and change orders become part of the Contract once the order is prepared in writing and signed by both parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the Contract Price, and the effect the order will have on the schedule of progress payments. No extra work shall be required unless so authorized at a price satisfactory to the Company.
- NO WARRANTY. The Client acknowledges and agrees that the Client’s use of the Deliverables and the Services are at Client’s sole and entire risk. THE COMPANY MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO THE DELIVERABLES OR THE SERVICES AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER BY CONTRACT, AT LAW, OR IN EQUITY, ARE EXPRESSLY DISCLAIMED. FOR CERTAINTY, THE COMPANY MAKES NO WARRANTIES, GUARANTEES, OR CONDITIONS REGARDING, AS APPLICABLE, THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE SERVICES, INCLUDING DELIVERABLES, OR AS APPLICABLE, THAT THE SERVICES, INCLUDING DELIVERABLES, WILL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE OR ACCESS, OR TO STORE OR ACCESS PROPERLY, ELECTRONIC FILES OF ANY TYPE WHATSOEVER. SERVICE PROVIDER DOES NOT AT ANY TIME GUARANTEE OR WARRANT THAT SERVICES, INCLUDING DELIVERABLES, ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE. THE CLIENT ASSUMES THE ENTIRE AND SOLE RISK OF ACCESSING OR USING ANY SERVICES, INCLUDING DELIVERABLES. THE CLIENT ASSUMES THE ENTIRE AND SOLE RISK OF ACCESSING OR USING ANY SERVICES, INCLUDING DELIVERABLES.
- OTHER BUSINESSES. The Client acknowledges and agrees that the Company may engage in other businesses or provides services to other clients or become employed by another company provided the Company is not in breach of its obligations under this Contract.
4. CONFIDENTIALITY. The Client acknowledges and agrees that all information about the Company, it’s affiliates, customers or suppliers whether or not marked as confidential or proprietary, including any information relating to the Company, its affiliates’, customers, suppliers’, or customer’s operations, business plans, financial affairs, intellectual property, software programs, including both source code and object code, database structures and file formats, marketing plans, service plans, customer lists and/or client information, the terms and conditions of this Contract, whether set out in formal documents, files, computer readable data, records, notes, data, diagrams or in any other manner (“Confidential Information”) are proprietary to the Company and a valuable trade secret of the Company, disclosure of which could severely damage the economic interests of the Company. The Client shall treat all Confidential Information as strictly confidential; not use or disclose the Confidential Information to any third party, nor disclose to any third party the fact that the Client has received the Confidential Information; use the same care which a reasonable person under similar circumstances would use, which shall be no less than the care the Company uses to prevent the disclosure of the Confidential Information. The Client shall, at the request of the Company, return to the Company all Confidential Information, including all copies thereof made by the Client; and certify to the Company in writing when requested that he has complied. All Confidential Information shall remain the property of the Company, and nothing contained in this Contract shall be construed
- SUBCONTRACTS. The Company may subcontract portions of this work to properly licensed and qualified subcontractors in its sole discretion.
- REPRESENTATIONS AND WARRANTIES. The Company represents and warrants that the Services under this Contract will be provided in accordance with the applicable law and the requirements of this Contract, and that the Company is skilled and experienced in providing the Services. The Company acknowledges that the Client is relying upon the Company’s skill and expertise for the performance of this Contract.
- QUALITY OF THE SERVICES. The Client acknowledges and agrees that the Contractor does not make any representation or warranty with respect to the Services, other than the Services being provided in on an as-is and as-available basis. The Client further acknowledges that the Contractor does not make any representation or warranty with respect to any personal or artistic preference.
- INDEMNIFICATION. The Client shall agree to indemnify and save the Company and its subsidiaries, affiliates, directors, officers, and employees harmless from all liabilities, damages, fines, interest or penalties which any of them may incur arising out of or relating to any breach by the Company of this Contract (including the negligent performance of the Services hereunder).
- INDEPENDENT CONTRACTOR. The Client and Company agree that in performing the Services and the Deliverables hereunder, the Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement constitutes or should be considered as constituting as creating an employer-employee relationship, partnership or joint venture.
- ASSIGNMENT ENUREMENT. This Contract shall inure to the benefit of and be binding upon parties hereto and their respective heirs, executors, administrators, legal personal representatives, successors and permitted assigns. Neither party assigns its obligations hereunder to another party without the reasonable consent of the other, which consent will not be unreasonably withheld, provided that no consent shall be required to assignment by the Client to an affiliate.
- PREVIOUS AGREEMENTS. This Contract constitutes the entire agreement between the parties with respect to the Services hereunder and superseded any prior written or oral agreements, arrangements, or undertakings relating to the matters contemplated herein.
- NOTICES. Any demand, notice or other communication to be made or given in connection with this Contract shall me made or given in writing and may be made or given by personal delivery, by registered mail or fax addressed to recipient at the address outlined on page 1 of this Contract.
- AMENDMENTS OR WAIVERS. No amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by the parties hereto. No waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived.
- OTHER AGREEMENTS. The parties hereto covenant and agree to execute such instruments or other documents and to take such actions as they may deem necessary or desirable to give full effect to the terms and conditions of this Agreement.
- SEVERABILITY. If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement to the extent of the particular circumstances giving rise to such declaration and such provision as it applies to other persons and circumstances and the remaining terms and conditions of this Agreement shall remain in full force and effect.
- TIME IS OF THE ESSENCE. Time shall be of the essence under this Agreement.
17. GOVERNING LAW. This Contract shall be governed and construed in accordance with the laws applicable in the Province of Alberta.
Website Terms:
Her Body Sings hereby grants you access to www.herbodysings.com (“the Website”) and invites you to interact with/ view/ purchase the services and resources offered here.
Definitions and key terms
To help explain things as clearly as possible in this Disclaimer, every time any of these terms are referenced, are strictly defined as:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
- Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Lauren Collins within Her Body Sings, Calgary, Alberta, Canada that is responsible for your information under this Disclaimer.
- Service: refers to the service provided by Lauren Collins within Her Body Sings as described in the relative terms (if available) and on this platform.
- Website: site, which can be accessed via this URL: www.herbodysings.com
You: a person or entity that is registered with Her Body Sings to use the Services
These website terms and conditions of use for the Website constitute a legal agreement and are entered into by and between you and us. The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions“), govern your access to and use, including any content, functionality, and services offered on or through the Website
BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.
By using this Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Modifications to the Terms and Conditions and to the Website
We reserve the right in our sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
Your Use of the Website and Account Set-Up and Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions including without limitation placing order for products or services on our Website (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found in this document.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The Company name, trademarks whether registered or not, our Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever;[/and]
- one single user copy may be downloaded with any proprietary notices intact, for your own personal, non-commercial use, conditional on your agreement to be bound by our end user licence agreement for such downloads; and
- in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Conditions of Use and User Submissions and Site Content Standards
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit“) to the website, to other users or other persons (collectively, “User Submissions“) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
- In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy attached hereto.
- In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company’s sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the User Submissions and Site Content Standards.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions [without our prior written consent], sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
User Submissions: Grant of License
The Website may contain Interactive Functions allowing User Submissions on or through the Website.
None of the User Submissions you submit to the Website will be subject to any confidentiality by the Company. By providing any User Submission to the Website, you grant us and [our affiliates and service providers, and each of their and/ our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our affiliates and service providers, and each of our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.
You understand and agree that you, not the Company, nor Company’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.
Site Monitoring and Enforcement, Suspension, and Termination
Company has the right, without provision of notice to:
- Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions and Site Content Standards or Terms and Conditions.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS THE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
No Reliance
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company [nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. The Company/Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
No Warranties
Her Body Sings makes no warranties in regards to the performance or functioning of this website (www.herbodysings.com), and agrees that disclosed information is done so “as is”. The company also makes no representations or warranties of any kind, either expressed or implied, as to the information, resources, services, documents, content, courses, programs, products, books, audio or video services, or memberships included on or through www.herbodysings.com, as well as to the successes of clients utilizing any of these. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties or merchantability and fitness for a particular purpose.
Limited Liability
Her Body Sings endeavors to update and/or supplement the content of the website on a regular basis. Despite our care and attention, content may be incomplete and/or incorrect.
The materials offered on the website are offered without any form of guarantee or claim to their correctness. These materials can be changed at any time without prior notice from Her Body Sings.
Particularly, all prices on the website are stated subject to typing and programming errors. No liability is assumed for the implications of such errors. No agreement is concluded on the basis of such errors.
Her Body Sings cannot and does not either guarantee or warrant that the site is free of infection, viruses, worms, Trojan horses or codes that manifest contaminating or destructive properties. Use of appropriate security, antivirus and other protective software is highly recommended.
Her Body Sings shall not bear any liability for hyperlinks to websites or services of third parties included on the website. From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone ‘bad’.
You, the consumer, are in agreement to exonerate Her Body Sings of any and all liability of loss that you or any person or associated entity with you may suffer or sustain as a result of using information on this website and/ or any the resources you acquire from this website, including, but not limited to: downloads, workbooks, e-books, PDF’s, email subscriptions, courses. You agree the company will not be liable to you for any type of damages, whether direct, indirect, special, incidental, equitable or consequential loss or damages for use of this website.
To the maximum extent permitted by applicable law, in no event shall www.herbodysings.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, with the delay or inability to use this website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of the www.herbodysings.com website, whether based on contract, tort, negligence, strict liability or otherwise, even if www.herbodysings.com or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the wwwherbodysings.com website.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their “Terms of Service” before engaging in any business or uploading any information.
Links to Other Websites Disclaimer
This Disclaimer applies only to the Services. The Services may contain links to other websites not operated or controlled by Her Body Sings. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy and Terms of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Errors and Omissions Disclaimer
Her Body Sings is not responsible for any content, code or any other imprecision.
Her Body Sings does not provide warranties or guarantees.
In no event shall Her Body Sings be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Her Body Sings reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
Governing Law and Choice of Forum
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Alberta or of any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Waiver
Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.
Health Disclosure
The information on this website such as text, graphics, images, and other materials created by Her Body Sings or obtained from licensors, and other materials contained on Her Body Sings (collectively, “content”) is intended solely only for educational & informational purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Also, this website serves as a educational service, and in no way represents a relationship between Her Body Sings and website viewers. Do not attempt any of the suggested actions, solutions, remedies, herbs, supplements, wellness suggestions or instructions found on this website without first consulting with your primary care provider. The materials are not intended to be nor do they constitute actionable medical advice from your primary care provider. Transmissions of this information is not intended to create a professional nurse-client relationship between Her Body Sings and you. Her Body Sings is simply aggregating information found online for informational purposes only.
If you think you may have a medical emergency, call your doctor or 911 immediately. Her Body Sings does not recommend or endorse any professionals, specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the website. Reliance on any information provided by Her Body Sings, Her Body Sings employees, others appearing on the website at the invitation of Her Body Sings, or other visitors to the website is solely at your own risk.
Fitness Disclosure
Please read this Fitness disclosure before applying any of the information on the website.
We show information about fitness and nutritional advice. The information on this website such as text, graphics, images, and other materials created by Her Body Sings or obtained from licensors, and other materials contained on Her Body Sings (collectively, “content”) is intended solely for informational purposes and may not be used as a substitute for professional advice and/or information, as circumstances will vary from person to person. You should not act or rely upon this information without seeking professional advice. Do not attempt any of the suggested actions, solutions, exercises, relaxation techniques, movements, remedies, or instructions found on this website without first consulting with your primary care provider. All material provided is not intended to be nor do they constitute actionable professional advice. If you use any of the information that we provide on Her Body Sings, it is at your own risk.
Regular exercise is not always without risk, even for healthy individuals. Certain types of exercise are riskier than others and all exercise is risky for some individuals.
It’s the same with diet, supplements, nutritional recommendations. Some dietary recommendations are healthy for the majority of people but potentially dangerous to others.
The exercises provided by Her Body Sings are for educational and entertainment purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Exercise is not without risks, and this or any other exercise program may result in injury. They include but are not limited to: risk of injury, aggravation of a pre-existing condition, or adverse effect or over-exertion such as muscle strain, abnormal blood pressure, fainting, disorders of heartbeat, and very rare instances of heart attack. To reduce the risk of injury, before beginning this or any exercise program, please consult a healthcare provider for appropriate exercise prescription and safety precautions. The exercise instruction and advice presented are in no way intended as a substitute for medical consultation. Her Body Sings disclaims any liability from and in connection with this program. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately and consult a physician.
Educational Disclosure
Any Information provided by Her Body Sings is for educational purposes only, and is not to be interpreted as a recommendation for a specific treatment plan, product, or course of action. Her Body Sings is a distributor and not a publisher of the content supplied by third parties; as such, Her Body Sings exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information or educational content provided through or accessible via Her Body Sings. Without limiting the foregoing, Her Body Sings specifically disclaims all warranties and representations in any content transmitted on or in connection with Her Body Sings or on sites that may appear as links on Her Body Sings, or in the products provided as a part of, or otherwise in connection with, the Her Body Sings. No oral advice or written information given by Her Body Sings or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in lifestyle health and wellness and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
As Lauren Collins lives in Bellevue, Alberta, at this time, any matter arising out of use of this site shall be governed by the laws of the province of Alberta and the federal laws of Canada as applicable.
Testimonials Disclosure
Any testimonials provided on this platform are opinions of those providing them. The information provided in the testimonials is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Her Body Sings may not be able to anticipate.
We will give honest testimonials to our visitors regardless of any discount. Any product or service that we test are individual experiences, reflecting real life experiences. The testimonials could be displayed on audio, text or video and are not necessarily representative of all of those who will use our products and/or services.
Her Body Sings does not guarantee the same results as the testimonials given on our platform. Testimonials presented on Her Body Sings are applicable to the individuals writing them, and may not be indicative of future success of any other individuals.
Please don’t hesitate to contact us if you would like to know more about testimonials, discounts, or any of the products/services that we review.
Your Consent
We’ve updated our Disclaimer to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Disclaimer and agree to its terms.
Changes To Our Disclaimer
Should we update, amend or make any changes to this document so that they accurately reflect our Service and policies, unless otherwise required by law, those changes will be prominently posted here. Then, if you continue to use the Service, you will be bound by the updated Disclaimer. If you do not want to agree to this or any updated Disclaimer, you can delete your account and/ or stop accessing this site.
Contact Us
Don’t hesitate to contact us if you have any questions regarding this Disclaimer.
- Via Email: laurencollins@herbodysings.com