HIPAA NOTICE OF PRIVACY PRACTICES

Effective Date: May 3, 2020


THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

If you have any questions about this notice, please email: Lauren Samuel RDN, LD with Embrace Mind & Body Wellness at lauren.samuel@embracemindbodywellness.com


OUR PLEDGE REGARDING PROTECTED HEALTH INFORMATION

We Embrace Mind & Body Wellness understand that protected health information about you and your health is personal. We are committed to protecting health information about you. This Notice applies to all records of your care generated by Embrace Mind & Body Wellness, whether made by Embrace Mind & Body Wellness personnel or your personal doctor.

This Notice will tell you about the ways in which we may use or disclose protected health information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of protected health information. Federal law requires us to:

  • Make sure that protected health information that identifies you is kept private; 

  • Notify you about how we protect protected health information about you;

  • Explain how, when, and why we use and disclose protected health information; and

  • Follow the terms of the Notice that is currently in effect.


We are required to follow the procedures in this Notice. We reserve the right to change the terms of this Notice and to make new Notice provisions effective for all protected health information that we maintain by:

  • Posting the revised Notice in our office;

  • Making copies of the revised Notice available upon request; and

  • Posting the revised Notice on our Web site.



HOW WE MAY USE AND DISCLOSE PROTECTED HEALTH INFORMATION ABOUT YOU

The following categories describe different ways that we may use and disclose protected health information without your written authorization. 

For Treatment. We may use protected health information about you to provide you with, coordinate, or manage your medical treatment or services. We may disclose protected health information about you to doctors, nurses, technicians, medical students, or other Embrace Mind & Body Wellness personnel, including persons outside of our office who are involved in your medical care.


Embrace Mind & Body Wellness staff may also share protected health information about you in order to coordinate your care for such reasons as prescriptions, lab work, and x-rays. 

We may use and disclose protected health information to contact you as a reminder that you have an appointment for treatment or medical care at Embrace Mind & Body Wellness. We may use and disclose protected health information to tell you about or recommend possible treatment options, treatment alternatives, or health-related benefits or services that may be of interest to you. 

For Payment for Services. We may use and disclose protected health information about you so that the treatment and services you receive at Embrace Mind & Body Wellness may be billed to and payment may be collected from you, an insurance company, or a third party. For example, we may need to give your health plan information about nutrition services you received at Embrace Mind & Body Wellness so your health plan will pay us or reimburse you for the service. We may also tell your health plan about the nutrition services you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For Health Care Operations. We may use and disclose protected health information about you for Embrace Mind & Body Wellness health care operations, such as our quality assessment and improvement activities, case management, coordination of care, business planning, customer service, and other activities. These uses and disclosures are necessary to run the facility, reduce health care costs, and make sure that all of our patients receive quality care. 

For example, we may use protected health information to review our treatment and services or to evaluate the performance of the dietitian who is providing your services. We may also combine protected health information about many Embrace Mind & Body Wellness patients to decide what additional services Embrace Mind & Body Wellness should offer, what services are not needed, and whether certain treatments are effective. We may also disclose information to doctors, nurses, technicians, medical students, and other Embrace Mind & Body Wellness personnel for review and learning purposes.

Subject to applicable state law, the law allows or requires us to use or disclose your health information without your authorization in some limited situations for purposes beyond treatment, payment, and operations.

As Required by Law. We will disclose protected health information about you when required to do so by federal, state, or local law.

Research. We may disclose your protected health information to researchers when their research has been approved by an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your information. We may permit researchers to review records to help identify patients who may be included in their research projects or for similar purposes as long as the researchers do not remove or take a copy of any health information.

To Avert a Serious Threat to Health or Safety.. We may use and disclose protected health information when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.


We may also disclose protected health information about you to a government authority if we reasonably believe that you are a victim of abuse, neglect, or domestic violence.  We will only disclose this type of information to the extent required by law, and we will only disclose it if (a) you agree to the disclosure, or (b) the disclosure is allowed by law and we believe it is necessary to prevent or lessen a serious and imminent threat to you or another person.


Judicial and Administrative Proceedings. We may disclose your protected health information in response to a court or administrative order. We may also disclose your protected health information in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made, either by us or the requesting party, to tell you about the request or to obtain an order protecting the information requested. 

Business Associates. We may disclose information to business associates who perform services on our behalf (such as billing companies). However, we require that these associates appropriately safeguard your information. Our business associates are obligated to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.

Public Health.  As required by law, we may disclose your protected health information to public health or legal authorities charged with preventing or controlling disease, injury, or disability. 

Health Oversight Activities. We may disclose protected health information to a health oversight agency for activities authorized by law. These activities include audits, investigations, and inspections, as necessary for licensure and for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Law Enforcement. We may release protected health information as required by law, or in response to an order or warrant of a court, a subpoena, or an administrative request. We may also disclose protected health information in response to a request related to identification or location of an individual, a victim of crime, a decedent, or a crime on the premises. 

Organ and Tissue Donation. If you are an organ donor, we may release protected health information to an organ donation bank or to organizations that handle organ procurement or organ, eye, or tissue transplantation, as necessary to facilitate organ or tissue donation and transplantation.

Special Government Functions. If you are a member of the armed forces, we may release protected health information about you if it relates to military and veterans activities. We may also release your protected health information for national security and intelligence purposes, protective services for the President, and medical suitability or determinations made by the Department of State.

Coroners, Medical Examiners, and Funeral Directors. We may release protected health information to a coroner or medical examiner. This release may be necessary, for example, to identify a deceased person or determine the cause of death. We may also disclose protected health information to funeral directors, consistent with applicable laws, to enable them to carry out their duties.

Correctional Institutions and Other Law Enforcement Custodial Situations. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release protected health information about you to the correctional institution or law enforcement official as necessary for your or another person’s health and safety.

Worker’s Compensation. We may disclose protected health information as necessary to comply with laws relating to worker’s compensation or other similar programs established by law.

Food and Drug Administration (FDA). We may disclose to the FDA, or persons under the jurisdiction of the FDA, protected health information relative to adverse events with respect to drugs, foods, supplements, products, and product defects, or postmarketing surveillance information to enable product recalls, repairs, or replacement.

Fundraising. We may also contact you as part of fundraising efforts.  You have the right to opt out of receiving such communications. 


YOU CAN OBJECT TO CERTAIN USES AND DISCLOSURES

Unless you object, or request that only a limited amount or type of information be shared, we may use or disclose protected health information about you in the following circumstances:

  • We may share with a family member, relative, friend or other person identified by you protected health information that is directly relevant to that person’s involvement in your care or payment for your care. We may also share information to notify these individuals of your location, general condition, or death.

  • We may share protected health information with a public or private agency (such as the American Red Cross) for disaster relief purposes. Even if you object, we may still share this information if necessary under emergency circumstances.


If you would like to object to use and disclosure of protected health information in these circumstances, please call or write to the contact person listed on page 1 of this Notice.

YOUR RIGHTS REGARDING PROTECTED HEALTH INFORMATION ABOUT YOU

You have the following rights regarding protected health information that we maintain about you:


Right to Inspect and Copy. You have the right to inspect and copy protected health information that may be used to make decisions about your care or payment for your care.  If we maintain your protected health information electronically, you can request that we provide access in an electronic form and format that is readily producible, or in a form and format agreed to by us.   

To inspect and copy protected health information that may be used to make decisions about you, you must submit your request in writing to Lauren Samuel. If you request a copy of the information, we may charge a fee for the costs of copying, mailing, or supplies associated with your request. We may not charge you a fee if you need the information for a claim for benefits under the Social Security Act or any other state or federal needs-based benefit program. We will respond to your request no later than 30 days after we receive it. There are certain situations in which we are not required to comply with your request. In these circumstances, we will respond to you in writing, stating why we will not grant your request and describe any rights you may have to request a review of our denial.

Right to Amend. If you feel that protected health information we have about you is incorrect or incomplete, you may ask us to amend or supplement the information.

To request an amendment, your request must be made in writing and submitted to Lauren Samuel. In addition, you must provide a reason that supports your request. We will act on your request for an amendment no later than 60 days after we receive it.

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In these circumstances, we will provide a written denial stating why we will not grant your request. In addition, we may deny your request if you ask us to amend information that:

  • Was not created by us, unless the person or entity that created the information is no longer available to make the amendment;

  • Is not part of the protected health information kept by Embrace Mind & Body Wellness;

  • Is not part of the information that you would be permitted to inspect and copy; or

  • We believe is accurate and complete.


Right to an Accounting of Disclosures. You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of protected health information about you. 

To request this list of disclosures, you must submit your request in writing to Lauren Samuel. You may ask for disclosures made within the six years before your request. The first list you request within a 12-month period will be free. For additional lists in that 12-month period, we may charge you for the costs of providing the list. We are required to provide a list of all disclosures except the following:

  • Disclosures made for your treatment;

  • Those used for billing and collection of payment for your treatment;

  • Those related to health care operations;

  • Those made to you or requested by you, or those that you authorized;

  • Those that occurred as a byproduct of permitted use and disclosures;

  • Those used for national security or intelligence purposes, or provided to correctional institutions or law enforcement regarding inmates;

  • Those that were a part of a limited data set of information that does not contain information identifying you.


Right to Request Restrictions. You have the right to request a restriction or limitation on the protected health information we use or disclose about you for treatment, payment, or health care operations, or to persons involved in your care. 

We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment, the disclosure is to the Secretary of the Department of Health and Human Services, or the disclosure is required by law.  .

To request restrictions, you must make your request in writing to Lauren Samuel.

Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location.  For example, you can ask that we only contact you at work or by mail. 

To request confidential communications, you must make your request in writing to Lauren Samuel.  We will accommodate all reasonable requests.  

Right to a Paper Copy of This Notice. You have the right to a paper copy of this Notice at any time. To receive a paper copy, contact Lauren Samuel.


Right to Receive Notice of Breach. You have a right to be notified upon a breach of any of your unsecured protected health information.


Rights for Out-of-Pocket Payments. If you paid out of pocket in full for a specific item or service, you have a right to ask that your protected health information with respect to that item or service not be disclosed to a health plan for purposes of payment or health care operations.  We are required to agree to your request unless the disclosure is otherwise required by law. 


TYPES OF USES AND DISCLOSURES REQUIRING AN AUTHORIZATION


Most uses and disclosures of psychotherapy notes require us to obtain an authorization from you.  In addition, in most instances, we cannot use or disclose your protected health information for marketing purposes or sell your protected health information without your written authorization.  Finally, any other use or disclosure not described in this Notice will be made only with your authorization.  Any time you provide us with a written authorization, you may revoke it any time in writing, to the extent that we have not already taken action in reliance on your previous authorization.


OTHER USES AND DISCLOSURES

We will obtain your written authorization before using or disclosing your protected health information for purposes other than those described in this Notice (or as otherwise permitted or required by law). You may revoke this authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your information, except to the extent that we have already taken action in reliance on the authorization.


YOU MAY FILE A COMPLAINT ABOUT OUR PRIVACY PRACTICES

If you believe your privacy rights have been violated, you may file a complaint with Lauren Samuel or file a written complaint with the Secretary of the Department of Health and Human Services. A complaint to the Secretary should be filed within180 days of the occurrence or action that is the subject of the complaint.

If you file a complaint, we will not take any action against you or change our treatment of you in any way.

CHANGES TO THIS NOTICE

We reserve the right to change this Notice and make the new Notice apply to health information we already have, as well as any information we receive in the future. We will post a copy of our current Notice in our office. The notice will have the effective date clearly marked at the top of the first page.

 

TERMS AND CONDITIONS OF USE FOR EMBRACE MIND & BODY WELLNESS, LLC

Last Updated on 5-24-2020

 NOTICE: These Terms and Conditions of Use are legally binding. It is our responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of Our products and services.


General Provisions 

This website is owned and operated by Embrace Mind & Body Wellness, LLC, an Ohio business. Our principal place of business is located at 228 N. Lawn Ave, Bluffton, OH 45817. 

You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.


Product Purchaser Agreement

All programs, products and services are owned and provided by Embrace Mind & Body Wellness, LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at lauren.samuel@embracemindbodywellness.com and We will make reasonable efforts to remove Your name, email and access to Our Offering and website(s).

Your Product or Course Use and Consent  

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.


Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Embrace Mind & Body Wellness, LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third party website including social media. We have spent a lot of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

Online Course Intellectual Property

Limited License. Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Embrace Mind & Body Wellness, LLC 

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You may:

– Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member)

– Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)

– Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing © Embrace Mind & Body Wellness, LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You may not:

– Re-sell or trade Your access to the Offering

– Share the Offering with anyone else who has not yet purchased it or opted in to receive it

– Reprint or republish any of the Offering, in part or in whole

– Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing

– Reproduce and tweak any part or whole of the Offering for distribution as Your own work

– Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)

– Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

Request for Permission to Use Content

If You wish to use, publish or access any of Our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by email Us at lauren.samuel@embracemindbodywellness.com

Civil and Criminal Penalties

Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New York State by opting into or purchasing any Offering or accessing its related communications and/or materials.

Your Materials and Contributions

By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.

Model Release

You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.

Notification of Use 

We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.


Security and Assumption of Risk  

Security

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Square. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

Confidentiality 

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

Assumption of Risk

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information or educational materials provided to You.


Your Communications

Any communications made through Our ‘contact,’ blog, blog comments, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate


Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at lauren.samuel@embracemindbodywellness.com.

Disclaimer of Liability

Lauren Samuel RDN, LD is not a physician or psychologist, and the scope of his/her consultation services does not include treatment or diagnosis of specific illnesses or disorders. If I, the client, suspect I may have an ailment or illness that may require medical attention, then it is my responsibility to consult with a licensed physician immediately. Only a licensed physician can prescribe drugs.


Lauren Samuel RDN, LD focuses on wellness and prevention of illness through the use of nutritional therapies or medical nutrition therapy to achieve optimal health. As a Registered Dietitian Nutritionist and Intuitive Eating Counselor, Lauren Samuel RDN, LD primarily educates and motivates clients to assume more personal responsibility for their health by adopting a healthy attitude, lifestyle, and diet.


While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, Lauren Samuel does not promise or guarantee protection from future illness.


You acknowledge that you understand that Lauren Samuel RDN, LD is a Registered Dietitian Nutritionist & Intuitive Eating Counselor and not a physician, and that You should see a doctor if you think you have a medical condition. Lauren Samuel will not be held liable for failure to diagnose or treat an illness, nor will she/he be liable for failure to prevent future illness.


In addition, I have given or will give Lauren Samuel RDN, LD a complete and accurate account of any medical conditions that I may have and any medications that I am taking.

Earnings Disclaimer

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).

General Disclaimer

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice.

Third Party Disclaimer

You acknowledge and agree that We are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including You.

Warranties Disclaimer

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in Our Offering(s) or related material(s).


Indemnification, Limitation of Liability and Release of Claims

Indemnification 

You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to Our Offering(s) .

Limitation of Liability

We will not be held responsible or liable in any way for the information, products or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s)

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time We feel You have violated these Terms and Conditions of Use, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).


Financial Considerations

Cancellation Policy

If you need to cancel or reschedule, please notify EMBW at least 24 hours in advance of your appointment or you will be charged for that scheduled time.


EMBW will notify you at least 24 hours prior to any scheduled appointment that must be rescheduled. If an appointment is cancelled by EMBW within 24 hours prior to your scheduled appointment EMBW will reschedule that appointment and offer an additional appointment of same length at no cost.


All coaching sessions must be used within six months of your initial appointment. If you wish to cancel your coaching program after the first or second session, refunds are processed as follows:

● Packages paid in full: a 50% refund will be issued for remaining sessions.

● Packages paid via payment plan: payments 4+ will not be charged

No refunds will be issued after the third coaching session.

EMBW will refund any remaining sessions not used only if both client and provider agree that all goals have been accomplished and no further sessions are needed for improvement.

Recurring Payments

If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.

Chargebacks

You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.

Dispute Resolution

If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

Non-Disparagement 

If You are found to be slandering, libeling or otherwise disparaging Our Company, Offering(s) or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

Entire Agreement

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions of Use, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

Severability

If any part of these Terms and Conditions of Use or Our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect

Law and Jurisdiction

These Terms and Conditions of Use and Our Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New York, United States.

Consent

By using Our website, You hereby consent to Our Terms and Conditions of Use.

If You require any more information or have any questions about Our Terms and Conditions of website use, or Our Privacy Policy, please feel free to contact Us by email at lauren.samuel@embracemindbodywellness.com.

All Rights Reserved

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.

Contact

If You have any questions about any term of these Terms and Conditions of Use, please contact Us at lauren.samuel@embracemindbodywellness.com. Thank You.