Terms & Conditions

Important Notice: this agreement is subject to binding arbitration and a waiver of class action rights as detailed in section 12 below.

Last updated: May 5 2023

Acceptance of Terms

Healthcoachjon, (“jonevans” “us,” or “we”, “firstwebreathe”) provides access to an online web application that facilitates online payments for its users through healthcoachjon/SamCart.com (the “Site”), and related applications—which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features and other services they provide. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by healthcoachjon are referred to here as the “Service.”

Please read these Terms of Use (the “Terms”) carefully before using the Service. By using the Site or Services, or clicking to accept or agree to these Terms anywhere that option is available, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, which is incorporated by reference herein, and (3) the additional terms, rules, or conditions of any promotional offer made by healthcoachjon at any time. If you do not agree to these Terms, you may not access or use the Content or the Service.

Changes to the Terms

Except for Section 12, which provides for binding arbitration and a waiver of class action rights, healthcoachjon reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. healthcoachjon encourages you to periodically review the Terms to stay informed of our updates. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.

Communications

You consent to receive communications from us electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

As a result of your registration for the Service, you may also receive certain commercial communications from healthcoachjon. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to healthcoachjon@protonmail.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.

Your account

In order to use the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or healthcoachjon has reasonable grounds to suspect that the Registration Data is inaccurate, not current or incomplete, healthcoachjon may deny you access to the Service, or terminate your account, at its sole discretion.

You must be 18 years or older or the age of majority in the jurisdiction where you reside or from which you use this Service.

If you register an account for the Service on behalf of an entity, such as your employer, the entity shall be the Account Owner. If you are registering on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Terms of Service and our Privacy Policy.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that healthcoachjon is not responsible for third party access to your account that results from theft or misappropriation of your account. Healthcoachjon and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

You agree to (a) never to use the same password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify healthcoachjon of any unauthorized use of your username and password or account or any other breach of security; and (d) use only your own username and password to access the Service’s Restricted Areas. healthcoachjon cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Cancellation/Refund Policy

You may cancel your Service by contacting healthcoachjon@protonmail.com. Healthcoachjon offers a 30 day money back guarantee unless other specified on sells pages of products. You have the right to cancel for any reason within the specified money back guarantee time.

Links to third party sites/Third party services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of healthcoachjon and healthcoachjon is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. healthcoachjon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by healthcoachjon of the site or any association with its operators.

Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that healthcoachjon may share such information and data with any third party with whom healthcoachjon has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to healthcoachjon that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of healthcoachjon or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site. healthcoachjon content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the Content without the express written permission of healthcoachjon and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of healthcoachjon or our licensors except as expressly authorized by these Terms.

You retain ownership of all content submitted to healthcoachjon through the service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed) in connection with healthcoachjon offering of the healthcoachjon service to you.

We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You also grant healthcoachjon a license and a non-exclusive right to use names, trademarks, service marks, and logos associated with Your Account to promote the Service.

Additionally, by uploading content to the Site or Service, you warrant, represent and agree that you have the right to grant healthcoachjon the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personal information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. SamCart reserves the right in its discretion to remove any Content from the Site or Service, suspend or terminate your account at any time, change your healthcoachjon subdomain, or pursue any other remedy or relief available under equity or law.

healthcoachjon respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, SamCart will also terminate a user’s account if the user is determined to be a repeat infringer.

International Users

The Service is controlled, operated and administered by healthcoachjon from our offices within the UK. If you access the Service from a location outside the UK, you are responsible for compliance with all local laws. You agree that you will not use the SamCart Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless healthcoachjon, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees and court costs) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SamCart reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SamCart in asserting any available defenses.

Binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Initial Dispute Resolution

Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration act 1996 law is in use in the case of an arbitration act.

Location

If you are a resident of the UK, arbitration will take place at any reasonable location within the UK convenient for you. For residents outside the UK, arbitration shall be initiated in UK or at any location within the UK if it is within 500 miles of your country of residence.

Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND healthcoachjon AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: healthcoachjon@protonmail.com. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, healthcoachjon also will not be bound by them.

Changes to this Section

healthcoachjon will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

For any dispute not subject to arbitration you and healthcoachjon agree to submit to the personal. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

The Terms and the relationship between you and healthcoachjon shall be governed by the laws of the United Kingdom without regard to conflict of law provisions.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. healthcoachjon. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

healthcoachjon. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. healthcoachjon. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL healthcoachjon AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF healthcoachjon. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THE FAILURE TO EXERCISE OR ENFORCE ANY RIGHT SHALL NOT BE DEEMED TO BE A WAIVER OF THAT RIGHT OR ANY OTHER RIGHT UNDER OR RELATED TO THIS AGREEMENT.

Services and its contents cannot be considered as treatment recommendations, nor does it serve as a medical treatment guide. Always talk to your doctor or therapist about treatments before you start taking any herbs, medicines, or other supplements. Some supplements and herbal products may affect the effectiveness of drugs. If necessary, mention to your doctor your dietary supplements and herbal supplements.

The services and content is intended primarily for self-study material.

The service and content author do not take any health or medical responsibility for the participants.

Health/breath coaching is not intended to diagnose, treat, prevent, or cure any disease or condition. It is not intended to substitute for the advice, treatment and/or diagnosis of a qualified licensed professional. Health Coaches may not make any medical diagnoses, claims and/or substitute for your personal physician’s care. As your health coach I do not provide a second opinion or in any way attempt to alter the treatment plans or therapeutic goals/recommendations of your personal physician.

The website and/or other social media platforms used by health coach Jon is for general informational purposes only. It must never be considered a substitute for advice provided by a doctor or other qualified healthcare professional. Always seek the advice of your physician or other qualified healthcare professional with questions you for may have regarding your medical condition.

Termination/access restriction

healthcoachjon reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the UK and you hereby consent to the exclusive jurisdiction and venue of courts in the UK in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and healthcoachjon as a result of this agreement or use of the Site. You agree that healthcoachjon does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. healthcoachjon performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of healthcoachjon right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by healthcoachjon with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and healthcoachjon with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and healthcoachjon with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

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SamCart Affiliate Terms & Conditions can be found here.

SamCart welcomes your questions or comments regarding the Terms:

healthcoachjon@protonmail.com

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