By entering this website or purchasing or using the blog, e-mails, opt-in gift, videos, social media, consultations, programs, products and/or services, from or related to Tonya Rutter, Tonya Rutter Coaching, Nyx House Media LLC, Nyx House Press, and www.tonyarutter.com, (collectively the "Parties") YOU (the "Participant" or "I") are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use this website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through the Parties (collectively “Website, Programs, Products and Services”).
ANY AUDIO AND/OR VISUAL PRESENTATIONS AND MATERIALS PROVIDED TO YOU BY TONYA RUTTER COACHING, TONYA RUTTER, NYX HOUSE MEDIA LLC, NYX HOUSE PRESS OR ITS AGENTS OR EMPLOYEES, ARE LICENSED TO YOU UNDER THIS AGREEMENT, NOT SOLD TO YOU.
Confidentiality: Only authorized users, who have duly attained access to any Seminars, Audio and/or Visual Presentations, Documentation, Software, and printed or digital Materials offered by the Parties by personally agreeing to the terms of this Agreement are permitted use of and participation in such related materials. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, Software, or any license key to any third party, or use the Documentation, Video, Audio, Software, or any license key to teach any third party any portion of any Seminars, Audio and/or Visual Presentations, Documentation, Software, and printed or digital Materials or for any purpose other than exercising rights expressly granted to you by this Agreement.
Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, Software, printed or digital Materials, and other elements are the sole Intellectual Property of the Parties under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and the Parties and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, Software, printed or digital Materials, and other elements including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, Software, printed or digital Materials, or any other intellectual property rights of the Parties, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that the Parties use in connection with services rendered by the Parties are marks owned by the Parties. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
No Recording: YOU acknowledge that YOU are not entitled to create or disseminate any audio or video recordings, and/or digital or printed copies of any part of any Seminars, Audio and/or Visual Presentations, Documentation, Software, printed or digital Materials, and other elements.
I (“Participant”) authorizes the Parties or their agents, employees, or representatives, to take photographs, video recordings, and/or audio recordings of me, including my name, my image, my likeness, my performance, and/or my voice (“Recordings”). I also grant the Parties an unlimited right to reproduce, use, exhibit, display, perform, broadcast, create derivative works from, and distribute the Recordings for teaching purposes in any manner or media now existing or hereafter developed, in perpetuity, throughout the world. I agree that the Parties will have final editorial authority over the use of the Recordings, and I waive any right to inspect or approve of any future use of the Recordings. I acknowledge that I am not expecting to receive compensation for participating in the Recordings or for any future use of the Recordings. I release and fully discharge the Parties and/or their employees, agents, and representatives, from any claim, damages, or liability arising from or related to my participation in the Recordings or the Parties future use of the Recordings.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any social media outlet, nor have they been reviewed tested or certified by any social media outlet.
For Educational and Informational Purposes Only. The information provided in or through this Website, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When serving as an Intuitive Health, Wellness, and Writing Coach, whether through in-person, phone, Skype, Zoom, online webinars, teleseminars, videos, audios, books, e-books, social media, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that the Parties are supporting you in the Parties' role exclusively as an Intuitive Health, Wellness, and Writing Coach, and in no other role, nor are the Parties guaranteeing publishing contracts. All copyrights of YOUR writing belong to YOU.
Not Medical, Mental Health, or Religious Advice. The information provided in or through this Website, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this website or received from the Parties. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice. The information contained in this Website, Programs, Products or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, the Parties cannot be held responsible for any errors or omissions, and the Parties accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by this Website, Programs, Products or Services pertaining to your specific financial and/or legal situation.
Not Holding Self Out. In the Parties' capacity as an Intuitive Health, Wellness, and Writing Coach, the Parties serve as coach, mentor, guide, and accountability partner that shares tools and support for accomplishing your health, wellness, and writing goals. The Parties are not holding out as anything else.
Personal Responsibility. This Website, Programs, Products, and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using this Website, Programs, Products, and Services, and you alone are 100 percent solely and personally responsible for your results. You agree to use your own due diligence and judgment before applying any recommendation or advice that you may receive on or through this Website, Programs, Products and Services. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now and in the future.
No Guarantees of Results of Any Kind. The Parties' role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through.The Parties cannot and do not guarantee that you will attain a particular health, wellness, writing, business result or income increase or level. You accept and understand that results differ by each individual. Each individual’s success depends on his or her background, dedication, desire, motivation, and a whole list of other additional factors. As with any coaching program or service that you purchase, your results may vary and will be based on many variables. Therefore, no guarantees can be made. Any health, wellness, writing or examples shown through this Website, Programs, Products and Services are only estimates of what might be possible for you. There can be no assurance as to any particular health, wellness, writing, publishing, or financial outcome based on the use of this Website, Programs, Products or Services. You agree that the Parties are not responsible for the success or failure of your health, wellness, writing, publishing, or increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through this Website, Programs, Products and Services. You are solely responsible for your results.
No Refunds. No refunds on delivered products or services are given as you are responsible for your results. If for some reason the Parties are unable to deliver the product or service through no fault of your own, then refunds may be given on a case-by-case basis after exhausting all opportunities for delivery of the Program, Product and/or Service. However, if the Program, Product and/or Service is unable to be delivered due to your negligence (wrong physical/email address, not responding to the Parties, or any other reason), then no refunds will be given.
Testimonials. The Parties present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to the Parties' character and/or the quality of the Parties' work. Each client or individual has approved these testimonials, examples, and photos for use in materials to speak to the Parties' Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with the Parties' Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by the Parties' clients on this Website and through the Parties' Programs, Products and Services, are the culmination of numerous variables, some of which the Parties cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of the Parties' Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. The Parties are not responsible for your personal choices or actions before, during or after use of the Parties' Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through the Parties' Website, Programs, Products or Services is to be taken at your own risk, with no liability on the Parties' part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by the Parties through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve the Parties of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
Limitation of Liability. The Parties will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on the Parties' Website, Programs, Products, or Services. In no event will the Parties be liable to you, or to any other party, for any type of damages, including direct, indirect, special, incidental, equitable or consequential damages, for any use of or reliance on the Parties' Website, Programs, Products, and Services, or on those affiliated with the Parties in any way. The Parties do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, any type of loss or damage or otherwise, due to any act or default by the Parties or anyone acting as employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with the Parties' business, who is engaged in rendering the Parties' Programs, Products or Services, or in carrying out in-person, phone, Skype, Zoom, or online individual and group programs, classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings in any location.
Indemnification and Release of Claims. You hereby fully and completely hold harmless, indemnify and release the Parties and any of the Parties' employees, staff, consultants, agents, interns, business managers, team members, assistants, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with the Parties' business, from any and all liability, damages, claims; including but not limited to those related to loss of health, loss of wellness, loss of writing ability, plagiarism, lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, physical or mental disease or condition or issue, or any type of loss or damage or otherwise, even if the Parties are expressly advised in advance of the possibility of such damages or difficulties. You agree that you fully and completely hold harmless, indemnify and release the Parties from any and all causes of action, allegations, suits, sums of money, claims, demands whatsoever, in law or equity that may arise in the past, present or future that arises from your participation in or is in any way related to the Parties' Website, Programs, Products and Services. In the event that you use any information, gift, product, program or service provided on or through the Parties' Website, Programs, Products and Services by the Parties, or affiliated with the Parties or the Parties' business, you are solely liable and responsible for any actions, errors, omissions, or consequences.
Errors and Omissions. Although every effort is made to ensure the accuracy of information shared on or through this Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. The Parties are not responsible for the views, opinions, or accuracy of facts referenced on or through this Website, Programs, Products and Services or those of any other individual or company affiliated with the Parties in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology is constantly evolving, the Parties cannot be held responsible for the accuracy, errors or omissions related to this Website, Programs, Products or Services.
No Warranties. THE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR PROGRAMS, PRODUCTS AND SERVICES.
Affiliates. From time to time, the Parties may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with the Parties. In the spirit of transparency, the Parties want you to be aware that there may be instances when the Parties promote or market for the Parties' partners and in exchange the Parties receive financial compensation in the form of affiliate fees and/or other rewards. Please note that the Parties are highly selective as to the partners whose programs, products and/or services the Parties promote and only promote or share the programs, products and services of those with whom the Parties think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as the Parties waive all liability as related to any affiliates, including any of their websites, programs, products or services.
No Endorsement. Reference or links in this Website, Programs, Products or Services to any other individual’s, business's or entity’s information, opinions, advice, programs, products or services do not constitute the Parties' formal endorsement. The Parties are merely sharing information for your own self-help only. The Parties are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in this Website, Programs, Products or Services. Should this Website link or any of the Parties' Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute the Parties' formal endorsement of them, their business or their website in any way.
Contact Us. By using this Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact firstname.lastname@example.org.