TERMS + CONDITIONS DISCLAIMER

Hey there! Thank you for stopping by CoachTrista.

A few things I want to go over real quick...

First, CoachTrista.com is an educational, informational and supportive health and fitness brand.  Information herein is not meant for diagnosis or treatment of illness or injury using food and / or exercise. All information is shared based on my personal experiences and years of coaching customers through at home fitness programs. CoachTrista is not a nutritional services company, and all information used and shared is done so at your own risk.

What I present here is my own point of view. Yours may differ. Listen to your own body and do what is in your best interest.  CoachTrista cannot be held liable for any losses, injuries or damages that may occur as a result of the choices you make based on the information presented on this site. Be smart, be safe, and always check with your doctor if necessary.

Second, all written, video, audio and image content contained on this website is the intellectual property of Trista Cottman and CoachTrista. Plagiarism isn't cool, and is also illegal so I will take legal action if necessary if you take content from this site and use it as your own verbatim.

Any questions you can reach me at hello@coachtrista.com


BY USING THE SITE OR RECEIVING COACHING SERVICES FROM COACH TRISTA, YOU AGREE TO AND ACCEPT THE FOLLOWING DISCLAIMER. IF YOU DO NOT AGREE TO AND ACCEPT THE FOLLOWING DISCLAIMER, YOU ARE NOT AUTHORIZED TO USE THIS SITE OR RECEIVE COACHING SERVICES FROM COACH TRISTA.

OVERVIEW

The terms “we,” “us,” “our,” and “coach” refer to Coach Trista. The term the “Site” refers to CoachTrista.com. The terms “Product” and “Services” refer to coaching products and services that are offered for sale on the site. The terms “client” or “customer” refer to any person that purchases a Product or Service from Coach Trista. Use of CoachTrista.com, including all materials presented herein and all online services provided by Coach Trista, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, clients, and all other users of the site. By using the Site or a Product or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site is subject to change. Coach Trista makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Coach Trista disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

COACHING OVERVIEW & CLIENT RESPONSIBILITY

Coaching involves a willing relationship between the client and the coach in which the client provides information, the coach listens to the client, and the coach reflects information back to the client.  Coaching is intended to be informational and educational for the client, and to provide information, support and encouragement for the client’s goals and decisions based on information provided by the client.  Client is fully and solely responsible for all information provided to the coach, all information reflected back to the client by the coach, and all client decisions, actions or inactions resulting from or relating to the coaching experience.  Client will indemnify and hold harmless Coach Trista and its principals, directors, officers, employees, affiliates, representatives, successors and assigns from any claims, liability, costs or expenses in connection with any coaching services, information or materials.

Coach Trista does not guarantee or warrant any particular outcome, result or success of coaching, and expressly disclaims any such guarantee or warranty.

NOT A SUBSTITUTE FOR MEDICAL, LEGAL OR OTHER ADVICE

Coach Trista and the Site are not a substitute for medical, psychological, psychiatric, wellness, therapeutic or other diagnosis, care, counseling, advice, consulting or treatment, or for any medicine.  Coach Trista and this Site are not a substitute for legal, financial, tax, personnel, personal, religious, spiritual or other types of evaluation, counseling, advice or representation.  You should independently assess any decisions, actions or inactions resulting from or relating to the Site or a coaching experience based on medical, psychological, psychiatric, legal, religious, personnel, personal, financial, tax or other advice as applicable.

CONFIDENTIALITY

Coach Trista takes reasonable steps to keep information from coaching sessions confidential.  Despite Coach Trista's efforts, communications between Coach Trista and you containing information related to your coaching sessions might be unlawfully intercepted by third parties not under the control of Coach Trista.

Moreover, Coach Trista may disclose any information from coaching sessions as required by applicable law as necessary or advisable to: (a) protect Coach Trista’s rights, safety or property or the rights, safety or property of others; (b) enforce the Terms and Conditions; (c) respond to your requests for customer service or other information; (d) comply with legal process or cooperate with law enforcement or governmental requests; or (e) comply with or as permitted by applicable laws and regulations.

GENERAL NATURE OF SITE

Coach Trista provides the Site as a service to its clients and the public.  The Site is intended to be informational and educational only.  Because the materials included on the Site are general, they may not apply to your specific situation. You should independently assess and verify any information obtained from the Site and should not take (or refrain from taking) any action based on the information you obtain from these materials or the Site.

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning Product or Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS

Coach Trista will, at their discretion, allow for the return or replacement of any defective Product(s) within 7 days from the date of purchase. After 7 days all Product sales are final. There are no refunds on Services or downloadable material, including but not limited to: one-on-one time, consulting, ebooks, e-courses, speaking or media appearances. Contracts cannot be canceled for one-on-one services, and no refunds will be granted.

PRODUCT DESCRIPTION

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

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Coach Trista, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from any Service(s), without refund, if you are caught violating this intellectual property policy.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SHEILA VIERS COACHING IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; OR (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COACH TRISTA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COACH TRISTA’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM COACH TRISTA, AND IF NO PURCHASE HAS BEEN MADE BY YOU COACH TRISTA'S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

AFFILIATE POLICY

Products and services that are mentioned or linked to on this blog may be products that Coach Trista has a financial interest in promoting or has received some other non-financial compensation for.

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and Coach Trista pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Coach Trista shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Coach Trista.

GOVERNING LAW; VENUE; MEDIATION

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