Terms Of Use

Last Revised: November 5, 2021

Welcome to www.rachelsunley.com, a website (“Website”) owned and operated by Rachel Sunley, LLC (“We,” “Our,” “Us,” or “Company”) a limited liability company and engages in wellness education "Services" within (remotely) the State of New York.

By visiting our Website, creating a profile, purchasing any product/service or by clicking the “I accept” or “I agree” button while purchasing a subscription, you denote your legally binding agreement to the following Terms and Conditions. If you do not agree to these Terms and Conditions, we encourage you to close this webpage.

The Company reserves the right to modify these Terms and Conditions at any time without prior notice, so we encourage you to visit this page regularly.

We reserve the right to change or terminate any feature or Service; we may restrict your access to some portions of the Website in the event we find that you are engaging in an activity that is inappropriate or in violation of these Terms and Conditions. You are not permitted to engage in any illegal activity either with or to the Website.

You must create an account on our Website in order to purchase goods or Services. We are not responsible for the username and password details of you or others. Do not share your login information with anyone else. In case you forget your password, you can use the “forgot password” option in the sign-in section of our Website.

Minimum Age: To purchase the goods or Services of this Website, you must be 18 years of age or older. By using this Website and/or purchasing our Services, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or Services.

Use of Website and Service

As a user of this Website or a user/registrant of any of this Website’s Services, you agree:

Personal Use – Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this Website, are not responsible for third-party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information.

Reporting of Violations – You will immediately contact us when you see (i) any possible violation of these Terms and Conditions by anyone, and (ii) any unauthorized access to your account, whether known or not.

Content Removal – Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.

No False Information – You agree that every content or information you provide will not be inaccurate, false, or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.

No Advertising or Commercial Solicitation – Our messaging systems automatically scan all incoming (email and other) messages and filter out messages that may appear to be spam. We may also report any incoming email as spam. This can result in IP addresses and domain names being blacklisted. Users may not use our messaging facility or any of our other services to store, copy, relay, send, or distribute spam. You must not send any chain letters, spam, or junk email to other users of the Services. Furthermore, you agree that the information that you get from the Services will not be used by you in means of selling, advertising, and such until the approval of the other user. By agreeing with this you acknowledge the fact that any breach of the Terms and Conditions will cause significant damages to us, that such damage will be hard to assess, and that we may take any action we deem necessary as outlined within these Terms and Conditions in order to enforce this policy – and that you disclaim any loss as a result of such enforcement.

No Harassment of Agents – You agree that you will not harass, pressure, or threaten any agents or independent contractors that are responsible for providing the Services to you.

General Refund Policy for All Digital and Information Products

Due to the digital nature of online courses, ebooks, and information products, and the fact that digital content cannot be returned, our digital courses, ebooks, and digital products are non-refundable. We feel confident that we’ve laid out everything you get in our products, Services, and courses in the descriptions. Please read the details and description of each product and course so you understand exactly what you are buying.

Additionally, digital information products and courses are designed to be performed to completion; failure to complete a course will reduce or eliminate its effect upon the customer. We’re completely invested in making sure you have the best experience possible, so please email us with any questions about what’s included and what is not included and we will always give you an honest answer so you can make the best decision for you. We’re happy to answer any questions about what is taught, and what is not taught, in our courses. Though Rachel Sunley, LLC strongly believes in the value of the advice found within its information products, results are not guaranteed. Rachel Sunley, LLC disclaims any express or implied warranties.

You acknowledge that all the emails, phone number, credit card and other information you provide us belongs to you and you are not using any fake information.

User Conduct:

When creating a profile, purchasing our membership, contacting other members, posting anything on our social media accounts, or visiting any page, you will NOT:

  • Disclose any confidential information about other users without their permission.
  • Engage in any kind of offensive behavior (pornography, racism, abusiveness, harassment, etc.).
  • Forward chain letters using our Website.
  • Use a picture that does not belong to you. You are not permitted to impersonate anyone.
  • Infringe any third party’s rights.
  • Upload any malicious software, virus, etc that could disrupt the working of system tools, servers, networks.
  • Try to sell other users’ information to third parties.
  • Try to access our Services through automated robots, or conduct attacks such as Denial of Service.
  • Promote products/services on our Website.

Trademarks and Copyright Ownership

All data and content, in any form, contained by or offered through the Website and all intellectual property rights relating to said content are the sole property of Rachel Sunley, LLC. This includes all information, content, photographs, articles, text, video, images, functions, or other content. You acknowledge and agree that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.

All Content is copyrighted as a collective work under U.S. copyright laws, and Rachel Sunley, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, the use of any software Content shall be governed by the software license agreement accompanying such software.

We may add some third-party products/services/photographs on our website and in that case, the product copyrights belong to the creator or successor in interest of the creator. We may also sell products/services as an affiliate so some of the products will be added to our website from other companies. We are not liable for any problem arising out of their contents, descriptions, products, etc. Under no circumstances shall Rachel Sunley, LLC, its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage, or harm caused by a user’s reliance on information obtained through the rachelsunley.com Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.

This Website itself or any section of this Website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the Company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the Company and associated companies and voids these Terms and Conditions. You may be prosecuted for such actions.

Disclaimer

THE RACHELSUNLEY.COM WEBSITE IS PROVIDED BY RACHEL SUNLEY, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RACHEL SUNLEY, LLC DISCLAIMS ALL IMPLIED WARRANTIES.

WITHOUT LIMITING THE FOREGOING, RACHEL SUNLEY, LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE RACHELSUNLEY.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREON; (II) THAT THE RACHELSUNLEY.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE RACHELSUNLEY.COM WEBSITE; OR (IV) THAT THE RACHELSUNLEY.COM WEBSITE, ITS SERVERS, OR EMAIL SENT FROM OR ON BEHALF OF RACHELSUNLEY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RACHELSUNLEY.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE RACHELSUNLEY.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE RACHELSUNLEY.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF RACHEL SUNLEY, LLC

UNDER NO CIRCUMSTANCES SHALL RACHELSUNLEY.COM OR RACHEL SUNLEY BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE RACHELSUNLEY.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE RACHELSUNLEY.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RACHELSUNLEY.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Products and Services

All the products or Services made available on this Website are intended solely for personal use. You may not transfer, re-sell, assign, or dispose of any Service without the prior written consent of the Company. We reserve the right to cancel any membership if it appears that it is of fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.

Services Offered

As of the most recent revision date, the services offered by Rachel Sunley, LLC, through this Website, are as follows:

Online programs, ebooks, guided courses, and other information products the Company makes available for purchase. These products are self-directed on the part of the customer. If in the course of engaging in introspection or other activities under the guidance of the product, the customer begins to experience raw or otherwise difficult or confusing emotions, that individual is encouraged to seek licensed therapy as soon as possible, particularly if such therapy has not already been in process.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and any associated companies and their associates from and against all liabilities, damages, and costs resulting from the violation of these Terms and Conditions. This wrongful or negligent conduct, whether conducted by yourself or any other person accessing the Website using your information, will be assumed to have been conducted by you and is in no way reflective upon or liable to the Website or its Company.

Rachel Sunley is not a doctor, therapist, or licensed medical professional.

The resources made available by and through rachelsunley.com are an informational resource for people seeking how to live a healthy lifestyle. The information contained herein and through other sources connected to via rachelsunley.com or Rachel Sunley, LLC is based on the personal experiences of Rachel Sunley, shared in the hope that it will spark inspiration and positive change in the reader. Rachel Sunley is not a doctor, therapist, or licensed medical professional. She is a Certified Life Coach, Integrative Nutrition (IIN) Health Coach, Precision Nutrition Coach, National Academy of Sports Medicine (NASM) Certified Personal Trainer. and Aromatherapist in training.

The owners and creators of this Website assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found within or material linked to herein. Rachel Sunley, LLC is not liable for how the information is used and cannot be held responsible or guarantee any results. You alone are solely and personally responsible for the results, and your success depends primarily on your own effort, motivation, commitment, and follow-through. Rachel Sunley is simply serving as a coach, mentor, and guide to help you reach your wellness goals through healthy lifestyle changes. Rachel Sunley, LLC cannot guarantee the outcome of following the general recommendations and statements about potential outcomes, which are merely expressions of theory and extrapolation from anecdotal evidence, and not the result of a peer-reviewed scientific study. Rachel Sunley, www.rachelsunley.com, and Rachel Sunley, LLC specifically disclaims any implied or express warranties about the information and recommendations provided herein.

The information in this Website or otherwise provided by Rachel Sunley, LLC, its officers, and agents, should not be interpreted as medical advice; any recommendations cannot be applied to every individual, without first undergoing a thorough, in-person examination by qualified medical personnel to assess the risks of its application. Readers are urged to consult with a medical professional prior to instituting dietary or lifestyle changes. The information provided by Rachel Sunley, LLC cannot substitute for professional medical care, whether diagnosis or treatment for any injury, deficiency, or disease.

Possible Affiliate Relationships

While this Website recommends certain online resources for wellness products, neither its creators nor its owners can or will promise any results from the purchase of, or even the faithful following of, such third-party products and programs. While generally speaking, the adherence to healthy eating and living habits will yield more positive results than those realized by less enthusiastic participation, each person’s experience will vary and a lack of expected results will not create any liability on the part of Rachel Sunley, Rachel Sunley, LLC, or of any successor in interest.

Recommendations of third-party entities may be accompanied by an affiliate relationship between those entities and Rachel Sunley, LLC. At all times when such relationships exist, Rachel Sunley, LLC, will endeavor to provide proper notice to any audience member exposed to a recommendation, whether written or oral, to a third party with whom Rachel Sunley, LLC enjoys an affiliate relationship. However, given that such communication may have occurred before or after your own witnessing of the recommendation unless an affiliate relationship is specifically disclaimed by Rachel Sunley or Rachel Sunley, LLC, please assume that all such recommendations carry some form of incentive towards Rachel Sunley, LLC though nonetheless they may be carefully curated and recommended in good faith with the best interests of the audience and customer base of Rachel Sunley, LLC, in mind.

Our Liability

Rachel Sunley, LLC does not guarantee any measure of the accuracy of our content and information on our Website or any associated social media platforms. We do not guarantee the accuracy of any warranties, liability, or any other damages caused by a violation of this agreement. The following is a list where we do not offer accuracy:

Any form of warranty posted on any terms or through any medium which might be implied by law.

Any form of liability attached to any loss or damages from using our website. Said loss or damages have no limitations and result from the posts of other users, by using our Website, or any hyperlinks or advertisements that are in any way associated with our Website. They can include:

○ Data loss
○ Monetary loss
○ Contract loss
○ Company loss
○ Information breach
○ Income loss

Privacy Policy

Rachel Sunley, LLC respects the privacy of its users. Your identity, information, and other personal data will be kept in the strictest confidence to the extent possible given the structure of your purchase of a course, program, membership, session, or other product or service. The terms and conditions of the Rachel Sunley, LLC Privacy Policy, are incorporated herein by reference.

Disclosures to Third Parties Not Protected

Any protection afforded by law in your benefit and against Rachel Sunley, LLC such as HIPAA compliance requirements for coaching clients, is not and cannot be extended to any third parties, including but not limited to group coaching participants, in person or in online forums such as Facebook® groups organized by the company. Therefore, your voluntary participation in forums, including those created by the Company, that indirectly result in the publication of your personal information, including your name, likeness, and psychological issues, is by virtue of your use of these forums, you demonstrate both an express understanding of the inherent risks and permanently release the company and Rachel Sunley from any liability for such disclosure.

Payments

Payments for Products and Services from the Company are made through third-party resources, including PayPal, Stripe, and directly through merchants for online courses and programs such as GetOiling.com. The Company cannot be held liable for any breach of security or protocol by these third-party entities, and in using them, you agree that if you are damaged in some way as a result of their behavior, that you will pursue only the party that is directly involved in a breach of your information, and will hold the company and Rachel Sunley, LLC harmless in such matters.

Testimonial page

If you voluntarily choose to share your personal story on the testimonial page, any identifying information that you do provide will be publicly posted and you would irrevocably absolve the company and Rachel Sunley, LLC from any liability for your own public disclosure on that forum. Should you decide after the fact that you were mistaken in posting your personal information publicly, you may contact rachel@rachelsunley.com with a request to remove the testimonial. The removal will be effected within a commercially reasonable period of time but under no circumstances longer than seven days.

Termination of Usage

We may suspend or terminate any user’s access to all or any part of the rachelsunley.com Website, including any account thereon, without notice, for any reason in our sole discretion.

Acknowledgment

These Terms of Use, including all documents referenced herein, represent the entire understanding between you and Rachel Sunley regarding your relationship with rachelsunley.com and Rachel Sunley, LLC, and supersedes any prior statements or representations. When visiting the rachelsunley.com website or making a purchase therefrom, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Contact Information

If you have any questions or concerns about these Terms and Conditions, contact rachel@rachelsunley.com.

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