Terms & Conditions
Welcome to Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC (“Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC,” “we,” “us,” or “our”). We invite you to access and use our website drnicolecain.com (the “Website”) for educational purposes.
Users are subject to the following Terms of Use, which may be updated without notice to you. Through utilization of Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, (collectively, “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.
Each user who registers with us (“Registered User”) and choses to purchase a product or service through one of our Websites, agrees to the terms of this Agreement and the Terms and Conditions of Purchase of any and all products and services.
Should any conflict occur, the Terms and Conditions of Purchase shall control.
Description and use of our Websites
We provide Visitors and Registered Users with access to the Services as described below.
Visitors are people who do not register with us, but wish to attain education from the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us. This content is for educational purposes only.
Registered Users can do all the things that Visitors can do, and they may additionally:
Purchase products and services through one of our Websites
Gain access exclusive content available
Have access to a private membership group
Post comments and other content in the membership groups
Sign up for various programs
Become part of the Dr. Nicole Cain community.
Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.
Terms of Use
These Terms of Use (“Terms”) govern your use of the www.Dr Nicole Cain.com Website (hence forth called the “Site”), blogs, social media, printed materials and associated content and services, https://www.drnicolecain.com/, https://go.drnicolecain.com, https://www.mentalhealthscottsdale.com/, http://www.panicproof.com/ or https://www.gutpsychology.com/ Dr. Nicole Cain’s KARTRA Sites, KAJABI Sites, any other Affiliate Sites used by Dr. Nicole Cain, as well as all Dr. Nicole Cain’s social media including the following, but not limited to: Facebook, Instagram, Youtube, Linkedin, TikTok, etc. (the “Sites”). (collectively, the “Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content”) and constitute an agreement between you and (“Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC”).
Your use of this website Content is conditioned upon your acceptance and continued adherence to these Terms. Please read them carefully. If you do not wish to be bound by these Terms of Use, discontinue using and accessing this website content immediately.
You understand and agree that Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site or for the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content after any modifications indicates your acceptance of the modified Terms.
Disclaimers
Information and Rationale
The use of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content is solely at your own risk.
Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content includes information regarding specific Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC products. Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC has made good-faith efforts to compile and present this information, but does not guarantee its accuracy or completeness.
The information, instructions, and general advice contained in the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content is intended only as a general reference for further exploration and is not a replacement for professional health advice.
Information on this web site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. It is provided for informational purposes only. The Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content does not provide individualized dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication.
You should read carefully all information and consult with your primary care physician before adding, modifying, or making any other changes to your medical protocol including but not limited to medications, natural remedies, diet, and exercise, or any other change not listed.
All content related to this website and all related social media channels was created by Dr. Nicole Cain, ND, MA for educational purposes only. These are the opinions of Dr. Nicole Cain, ND, MA and should not be taken as the “definitive opinion” or “absolute medical opinion” on any subject. All content created by or related to Dr. Nicole Cain, ND MA not a substitute for medical, psychological, counseling or any other sort of professional care. Consumption of these materials is for your own education and any medical, psychological, or professional care decisions should be made between you and your primary care doctor or another provider that you are engaged with.
*The statements made herein have not been evaluated by the Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent disease. If you have any concerns about your own health, you should always consult with a physician or healthcare professional.
We urge you to consult your qualified and licensed healthcare professional such as a Medical Doctor, Doctor of Osteopathy, Naturopathic Physician or Psychiatrist when using any of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC products or content. If you have or suspect that you have a medical problem, promptly contact your health care provider. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content.
If you are in the United States and think you are having a medical or health emergency, call your healthcare professional, or 911, immediately.
Membership Participation
We are committed to providing all participants with a positive experience. Thus, Company may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
you become disruptive or difficult to work with;
you fail to follow the program guidelines; or,
you impair the participation of our instructors or participants in our program(s).
You hereby acknowledge and agree that:
The Program is intended to be educational only. If you learn from this program, you should bring your thoughts and insights and education to your primary care doctor or other prescriber that you have a relationship with. You should not make any changes to personal habits or healthcare in any way without the consent of your primary care doctor or other prescriber with whom you have a relationship.
The Program is not intended to be any type of medical care, treatment, or medical advice. This is completely an educational program that has been created by the author and is not accredited by any governing educational body.
The Program is not a substitute for any type of treatment and you should always ask your doctor that you have a relationship with before making any changes based on any education you receive.
Membership education, program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written (the “Program Materials” or “membership materials”), are for personal use in or in conjunction with this training program only.
Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of the Company, or its designated agent.
The information contained in Membership Program Materials is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
We assume no responsibility for errors or omissions that may appear in any Membership or Program Materials.
Usernames and passwords may not be shared with any third parties.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
You hereby acknowledge and agree to the following by purchasing this program and consuming it’s materials
Do Not Make Any Changes
Do not make any changes with your supplementation, habits, or anything else without first consulting a local clinician, such as a primary care doctor.
Education
This program was created by Dr. Nicole Cain, ND, MA for educational purposes only. These are the opinions of Dr. Nicole Cain, ND, MA and should not be taken as the “definitive opinion” or “absolute medical opinion” on any subject. This handout is not a substitute for medical, psychological, counseling or any other sort of professional care. Consumption of these materials is for your own education and any medical, psychological, or professional care decisions should be made between you and your primary care doctor or another provider that you are engaged with.
Dr Nicole Cain Relationship
Dr. Nicole Cain works to give people empowerment in their lives through information. However, Dr. Nicole Cain is not your Doctor. You must take the information you learn and bring it to your healthcare professional. If you are not satisfied with their responses, please search to find a doctor or clinician that can better serve you.
Membership Content
Membership education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written (the “Membership Materials”), are for personal use in or in conjunction with this membership only.
Membership content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of the Company, or its designated agent.
The information contained in Membership Materials is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
We assume no responsibility for errors or omissions that may appear in any Membership Materials.
Usernames and passwords may not be shared with any third parties.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
Privacy & Confidentiality
We respect your privacy, and your confidential and proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Membership participants and of the Company.
Thus, you agree:
not to infringe any Membership – participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
that any Confidential Information shared by Membership participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
not to disclose such information to any other person or use it in any manner other than in discussion with other Membership participants during Membership sessions;
that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Membership participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence
Membership and Fees
Enrollment fees shall be $37 USD paid monthly, or $370 paid annually.
I understand there are no refunds for this purchase. I must cancel my membership via the membership portal or send an email to hi@drnicolecain.com requesting to cancel 48 business hours before my billing cycle renews.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM MATERIALS, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THE MEMBERSHIP MATERIALS, PRIVATE FACEBOOK GROUP, AND SITE ARE CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
THIS MEMBERSHIP MATERIALS, PRIVATE FACEBOOK GROUP, AND SITE OFFER HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE MEMBERSHIP MATERIALS, PRIVATE FACEBOOK GROUP AND/OR SITE. THE USE OF ANY INFORMATION PROVIDED US IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE MEMBERSHIP MATERIALS, PRIVATE FACEBOOK GROUP AND/OR SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Copyright
All rights reserved. No part of the content on Dr. Nicole Cain’s site may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording or other electronic or mechanical means, including information storage and retrieval systems, without permission in writing from the owner.
The legal penalties for copyright infringement are:
Infringer pays the actual dollar amount of damages and profits.
The law provides a range from $200 to $150,000 for each work infringed.
Infringer pays for all attorneys fees and court costs.
The Court can issue an injunction to stop the infringing acts.
The Court can impound the illegal works.
The infringer can go to jail.
Termination
Members may terminate at any time, however, no refunds will be issued. Health for Life and Company has the right to terminate access to the course(s) if the member is distributing the courses or information or videos to other parties for free or for sale and does not abide by the agreement.
Liability Limitations
The member recognizes that Dr. Nicole Cain ND, MA is acting as an educator, utilizing her own interpretation and opinions. The member understands that Dr. Nicole Cain ND, MA is not the member’s primary care physician or their doctor or physician in any way. Making any changes to a member’s life, choices, medication, diet, lifestyle, or supplement/ herbal regimen should only be done with the written consent and recommendation of their primary care physician and/or psychiatrist.
Acknowledgment.
I acknowledge that I am viewing the content created by Dr. Nicole Cain for educational purposes only. I further acknowledge that these are the opinions of Dr. Nicole Cain and should not be taken as the “definitive opinion” or “absolute medical opinion” on any subject. The membership materials and videos are not a substitution for medical, psychological, counseling or any other sort of professional care. I acknowledge that my consumption of these materials is for my own education and any medical, psychological, or professional care decisions should be made between myself and my primary care doctor or another provider that I am engaged with.
Restrictions
The Websites are only available for individuals aged 13 years or older. If you are not you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
Fees and Payment
As consideration for any purchase you make on the Websites, you shall pay Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC all applicable fees and taxes. You hereby consent to the authorization of payment information by us or our third-party payment processor of your credit card or bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes.
All payments will be charged and made in U.S. dollars.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information and keep your account current, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security.
You hereby authorize Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires.
We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Returns
All sales are final. There are no returns available. If you do not agree with this policy, do not purchase a course, program, or product.
Intellectual Property
The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, and non-commercial use. Registered Users who have purchased any product or service, may download onto their own devices utilize content for their own personal, non-commercial use. You have no other rights in or to the Content and you will not use the Content except as permitted under this Agreement without the prior written consent of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC.
Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC retains all right, title, and interest, including all intellectual property rights, within and including Content. You must retain all copyright and other proprietary notices contained in the original Content. You are expressly prohibited from copying, selling, transferring, assigning, licensing, sublicensing, or modifying the Content. You are prohibited from reproducing, displaying, publicly performing, making derivative versions of, distributing, or otherwise using the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content and you are subject to legal fees.
All trademarks, service marks, and logos of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC (the “Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Trademarks”) used and displayed on the Websites are the sole property of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC.
Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks are prohibited unless approved in advance by us in writing. All goodwill generated from the use of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC inures to our benefit.
Elements of the Websites are protected by unfair competition, trademark, dress, trade, and other state and federal laws. None of the Content may be retransmitted without our express, written consent for from us.
Registered User Content; Licenses
As noted above, the Registered Users have the ability to post and upload Registered User Content. You acknowledge and agree that once you submit your Registered User Content it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised.
You also grant us and our sublicensees the right to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, and our products and services.
Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and pictures permitted by the foregoing rights and licenses may include the display of such information in advertising and other material or content, including for profit.
Each Registered User Content submission constitutes a representation and warranty to Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC that such Registered User Content is your original creation, that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or inappropriate material or content that violates our Community Rules.
Communications with Us
Although we encourage you to contact us, you shall not email us any content that contains confidential information. We can not guarantee privacy of any emails and communications you send to us. As mentioned previously, we are free to use ideas, concepts, and techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
No Warranties; Limitations of Liability
There is no warranty available on any of the information or content contained in the Courses, Websites or Membership sites. With passage of time and advancement of information it is your responsibility to stay up to date with information and not rely on the Websites for updated information. We also can not guarantee that the websites will operate error free and it is possible that there may be issues with servers and content.
The Websites may have content errors or typographical inaccuracies or omissions. We are not responsible for typographical, technical, content, or pricing errors or other technical errors listed on the websites.
A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.
WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
External Sites
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely for your convenience and are not an endorsement by us or by the external site creators. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. The content of such External Sites is developed and provided by owners of External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Accessing linked External Sites is at your own risk.
Representations; Warranties; and Indemnification
(a) You agree to defend, indemnify, and hold us and our officers, employees, agents, successors, licensees, and assignees harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, legal and accounting fees, arising or resulting from:
(i) your breach of this Agreement;
(ii) your misuse of the Content or the Websites; and/or
(iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such a case, you agree to cooperate with any requests assisting our defense of such matters.
Compliance with Applicable Laws
The Websites are based in the United States. We make no claims concerning whether the Content is able to be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the Agreement
In our sole discretion, we reserve the right, to terminate, suspend, or restrict, this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability.
We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
The following sections shall remain and survive any termination of this Agreement:
“Fees and Payment” until your balance is paid in full including taxes and late fees.
“Intellectual Property”
“Registered User Content”
“Licenses”
“Communications with Us”
“No Warranties; Limitation of Liability”
“Representations; Warranties; and Indemnification”
“Termination of the Agreement”
“Controlling Law”
“Binding Arbitration”
“Class Action Waiver”
“Equitable Relief”
“Miscellaneous.”
Digital Millennium Copyright Act
Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will evaluate all claims of copyright infringement received and remove any Content concluded to have been posted or distributed in violation of any laws.
Our designated agent under the Digital Millennium Copyright Act of 1998 (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC
781 Kenmoor Ave SE Suite C, Grand Rapids, MI 49546
If you are under the belief that your content has been copied on the Websites in a way that is considered copyright infringement, please provide our agent with notice in accordance with the requirements of the Act. This includes:
(i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located;
(ii) a description of the location of the original or an authorized copy of the copyrighted work;
(iii) your address, telephone number and email address;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
(v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of laws provisions.
BINDING ARBITRATION
All disputes will be resolved via arbitration. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (hereafter referred to as “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).
Any election to arbitrate, at any time, shall be final and binding on the other party.
If either party elects arbitration, neither shall have the right to litigate such claim in court or to have a jury trial. Either party may bring its claim into its local small claims court if that is permitted by the small claims court rules and if they are within such a court’s jurisdiction.
All disputes will be resolved before a neutral arbitrator in the state of Michigan, selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures.
All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction.
This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online or with a designated proxy.
If conducted in person, the arbitration shall take place in the United States in the state of Michigan. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18, nothing in this Agreement will prevent us from seeking injunctive relief in any court of jurisdiction as necessary to protect our proprietary interests.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law,
(i) no arbitration or proceeding shall be joined with any other
(ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures
(iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of any of our trademarked or intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement.
We may, without waiving any other agents under this Agreement, seek from any court having jurisdiction any interim, provisional, or equitable, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration as referenced above.
You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Michigan for purposes of any such action by us.
Miscellaneous
You acknowledge that any failure on our part to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instances except as expressly agreed by us and you in writing. This Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.
Testimonials
All testimonials found within this website, on handouts, flyers, social media posts, videos, and other places on the interwebs represent the real life experience of the individual participants. Names of the participants have been changed or withheld to protect the privacy of the individual. I understand that Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC reserves the right to publish, edit or reject any testimonials, or feedback that I send either via email, via the Website or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to me – unless we have specifically agreed otherwise in writing prior to submission.
I give Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC the right to display advertisements in connection with my testimonial and to use my feedback for advertising and promotional purposes. All testimonials found within this website are opinions that represent experiences of the individual participants.
International Use
This website is controlled and operated by Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC. Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC makes no representations that the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content is appropriate or legally available for use in locations outside the United States. If you are accessing the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content from outside the United States, you are solely responsible for complying with all local laws and jurisdictions.
Software Downloads and Export Controls
Software, hardware, and related technologies that may be available in connection with the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.
Termination
Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, at its sole option, may terminate, block or suspend your access to the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely.
Miscellaneous
Both you and Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content and neither you nor Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC have the power or the authority to obligate or bind the other.
These Terms set forth the entire agreement between you and Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC pertaining to your use of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.
Additional Miscellaneous
The above document is a formal agreement that documents the terms and conditions of use for this Website, Social Media accounts, Membership, Courses, and any other content created or utilized by Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC. If you do not accept these terms of use, please do not use this Website or purchase any products listed. I agree and understand that continued use of this Website and purchasing any products, either myself or by-proxy, confirms my acceptance of these terms.