Terms, Conditions & Disclosures 

PLEASE BE ADVISED: We deem it necessary to outline the following Terms, Disclaimers, and conditions for use of this Spend Smart Live Happy website. All representations set forth herein apply to Spend Smart Live Happy, LLC , and all other legal owners, partners, employees, agents, and representatives of Spend Smart Live Happy, LLC (hereinafter, individually and collectively referred to “we”, “us”, and “our” “company”). All content distributed, either in free or paid format, to include without limitation, any and all website content, videos, blogs, social media platforms, programs, live speaking, services, products, emails, handouts, marketing materials, etc (hereinafter, individually and collectively will be referred to as “content” or “messages”).

By entering this website and/or purchasing and/or utilizing ANY content or messages  distributed by us,  you are agreeing to accept all parts of this disclaimer and terms & conditions. Thus, if you are not in agreement with any or all of the contents and disclaimers contained within our “Terms and Conditions”, you shall STOP now,  and we kindly request that you do not use our website, videos,  blogs, e-mails, programs, services, or any other “messages” or products distributed by us.

In accordance with the Nevada Revised Statutes Chapter 629, a notice of the following statement will be displayed inconspicuously in the physical offices of Spend Smart Live Happy, LLC, as well as  a printed copy of this statement shall be signed by every client. Client’s will be provided with a copy of the signed statement and a copy of the signed  statement will be kept in the official records of Spend Smart Live Happy, LLC for  period of not less than (5) five years. NRS Chapter 629 provides the following mandatory disclosure for use by wellness service individuals:

“It is recommended that before beginning any wellness plan, you notify your primary care physician or other licensed providers of health care of your intention to use wellness services, the nature of the wellness services to be provided and any wellness plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed providers of health care about any potential drug interactions, side effects, risks or conflicts between any medications or treatments
prescribed by your primary care physician or other licensed providers of
health care and the wellness services you intend to receive. “
Also in accordance with NRS Chapter 629, all Spend Smart Live Happy, LLC clients are to be advised and made aware that Rachel Stewart of Spend Smart Live Happy, LLC is a certified health coach, possesses active Clark County & Nevada State licenses as well as proper insurance for the providing of health coaching services; in regards to all other wellness services performed, the client is to be advised that Rachel Stewart is not licensed, certified, or registered, as a provider of health care in the State of Nevada, and provides additional wellness services only in accordance with Nevada laws, pertaining to wellness services, and within the limitations and scope of health and wellness coaching. Rachel Stewart is happy aid clients in working with their existing health care professionals or assist clients in the search of other licensed professionals to attend to potential needs of clients of which are outside the scope of services we provide or are legally able to deliver.

SECTION I:

For Educational and Informational Purposes Only.  The information contained in our messages is for educational and informational purposes only, and is made available for personal use only. All participants and viewers of our messages shall acknowledge that we are supporting you exclusively through a health coach work scope.  Our team provides information concerning, but not limited to, building a better life through enhancing personal health and wellness by making habit and lifestyle changes that better integrates the mind, body, and spirit.

 

SECTION II:

Not Medical Advice.  The information contained in this website or provided through our messages are not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, psychiatrist, licensed dietitian or nutritionist, or any other health care professional.  BE ADVISED: We do not claim to be qualified or licensed to act as a medical health practitioners or mental health providers, nor do we work in any such capacity.  We are NOT providing health care, psychiatric care or counseling, medical, mental health, or nutrition therapy services, or attempting to diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body.  Rather, we work in the capacity as a health coach, mentor and guide to assist individuals in reaching their health and wellness goals through implementing an integrative approach to habit change by building and maintaining, positive, healthy, and sustainable lifestyle changes. You are to be advised that you assume all responsibility for seeking professional medical approval for implementing any and all changes made by you, as a result of information obtained from our messages.

 

SECTION III:

Consult Your Physician or Health Care Provider. It is our firm belief that when utilizing health coaching services, all individuals/clients should work with their coach AND alongside any existing medical professional relationships, and or seek and work alongside any new medical or healthcare professional relationships when needed. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation. This is to include without limitation any known, possible, suspected, actual, or diagnosed mental health conditions, pregnancy, food sensitivities or allergies, dietary restrictions, or any other physical, mental, or emotional conditions, as well as the use of any medications, herbal supplements, exercise routines, breathing exercises, or other techniques you are currently taking/practicing or choose to take/practice in the future.  We advise you to speak with your own physician or other healthcare professionals prior to experimenting with or actively implementing any suggestions from our website or other messages. CRITICAL-PLEASE BE ADVISED: DO NOT disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. DO NOT stop taking, or even begin a reduction of,  any medications without speaking to your physician or health care professional. We assume no liability should you choose to do so and you are strongly encouraged that should you have, or suspect that you have, a medical problem, contact your health care provider promptly.

 

SECTION IV:

FDA & Other GOVERNMENT Evaluations.  The information contained on this website and in any and all of our messages have not been evaluated by the Food and Drug Administration , or any other government agency and IS NOT intended to diagnose, treat, cure, or prevent any disease. All messages ARE NOT to be considered medical, nutritional, or psychological advice. All messages are intended for informational and coaching purposes only.

 

SECTION V:

Personal Responsibility. Our goal is to bring quality messages to you for your personal use only. By participating voluntarily in using our website or any other messages you are acknowledging that you alone are solely and personally responsible for the results. You acknowledge that you take full responsibility for your own health, life and well-being, as well as the health, lives and well-being of  any individuals whom you are responsible for (where applicable). This includes any and all decisions made by you now or in the future as a result of voluntarily viewing or participating in any of our messages.

 

SECTION VI:

No Guarantees. In working in the capacity as a health coach, our role in your journey is to support and assist you in reaching your goals through implementing and maintaining habit and lifestyle changes; however your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee any results and encourage you to steer clear of any health coaches who do so. PLEASE BE ADVISED: While our messages may contain testimonials from clients who obtained success and positive results from working with Spend Smart Live Happy,  results differ by each individual. As with any health-related program or service, results may vary, because every individual begin their journey having come to the program or service with varying individual capacity, a variety of current setbacks or other limitations, a myriad of health challenges or limitations, life experience, expertise, and level of commitment.

 

SECTION VII:

Client Stories.  On this website and or in other messages distributed by us, you may find experiences, examples, testimonials, photos, and insights sharing  our personal or other people’s experiences. PLEASE BE ADVISED: this is for purposes of illustration only. As seen in SECTION VI of this document, we cannot guarantee that current or future clients will achieve the same or similar results.  Rather, these testimonials and stories represent some of the possible outcome or results that can be achieved through the use and implementation of  our programs, services, products, or other messages.

 

SECTION VIII:

Assumption of Risk. As with the use and implementation of any new health or lifestyle regiment, there are sometimes unknown individual risks and circumstances that can arise during their use. Therefore we are not responsible for your personal actions or choices before, during or after the use of any of our messages. You understand that any use of any of our messages, suggestions, or recommendations is at your own risk, with NO LIABILITY on our part for your actions. PLEASE BE ADVISED: You accept full responsibility for your experimentation, use, or non-use, of any information or messages provided by us through any means whatsoever, free or paid. Your experimentation with, use, or non-use, of this information is at your own risk, and you in accordance with the terms outlined herein you acknowledge and accept that you absolve us of any liability or loss that you, your family, children, or any other individuals whom you are responsible for, or care for, (if applicable) may incur from your or their use or non-use of  our messages.  If you do not accept this liability, then once again you are encouraged to STOP NOW, and leave our site and SHALL NOT participate in or utilize any of our messages. If you have any questions or concerns, please consult a physician or other similar qualified and licensed healthcare professional. We DO NOT assume liability for any accidents, injuries, loss or damage due to any act, services, or products provided by any individual (professional or not), company, organization, etc whom is working with you regardless of whether they are a individual, agent, company, organization, service, or other provider who was recommended or suggested by us. ONCE AGAIN, you are advised to seek your own chosen medical or other professional guidance in aiding you in making healthy and positive changes in your life. Although we always strive and make great efforts to ensure the accuracy of published information on or through our messages,  the information may inadvertently contain inaccuracies or other errors. We ARE NOT responsible for the views, opinions, or accuracy of facts referenced in our website or messages. You are held responsible for determining accuracy and for seeking legal or medical expertise in making these determinations should you deem this necessary.

 

SECTION IX:

Release of Claims.  We ARE NOT responsible, in any way, for the information that you request, receive, or obtain directly, or indirectly, through or on our website or any other messages provided by us.  Under NO CONDITIONS, and in NO EVENT will we be liable to any you, an individual whom you care for, or any other party for any loss or damages, including but not limited to direct, indirect, special, incidental, equitable or consequential damages, lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty  arising out of the experimentation with, use or implementation of, or reliance on this website or any of our messages. This also includes not just your experimentation with, use or implementation of, but also any advice, counsel, or recommendations   to any other party or individual for the experimentation with, use or implementation of any of our messages.

 

SECTION X:

No Warranties.  WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARDS TO THIS WEBSITE OR ANY OF OUR MESSAGES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY LAW OR OTHER GOVERNING BODIES. WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT YOU, OR SOMEONE YOU ARE AFFILIATED WITH, INCUR AS A RESULT OF THE INTENTIONAL, UNINTENTIONAL, DIRECT, OR INDIRECT USE USE OF THIS WEBSITE OR ANY OF OUR MESSAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.)

 

SECTION XI:

External Links.  As a courtesy to you, some outside references or links may be provided on this website or in any of our other messages. PLEASE BE ADVISED: that in providing these references or links to you, it is for informational purposes only, and that in providing this outside information, the opinions, advice, programs, services, or products offered in them, in NO WAY should be deemed as approved, recommended, verified, or endorsed in any way by us. We ARE NOT responsible for, nor do we assume any liability for, without limitation,  the messages, services, products, contents of any web pages, etc of any companies or persons linked or referenced in this site or in any of our messages.

 

SECTION XII:

Refund Policy: Due to the nature of our coaching products and services, all purchases made by you, of these items, are NON-REFUNDABLE.  Exceptions may apply for certain applicable “specialty products” found on the “SPECIALTY PRODUCTS” page contained on this site. Should you have any questions or concerns pertaining to our refund policy, and/or the products or services you are interested in, you are ADVISED to contact us PRIOR to making any purchases from us. If you have any questions or concerns about the contents found herein, on this site, or pertaining to any of our  products, services, or other messages, please email us at spend.smart.live.happy@gmail.com.

SECTION XIII:

Anti-Harassment & Termination Policy: Our products and services are designed to promote positive change and well being in the lives of others. Health coaching is most effective when healthy partnership is formed between the coach and client. If you do not enjoy or value the messages we offer, you are encouraged to cease working with us and seek assistance through other means. However, please be advised that any and all products and services paid for will not be refundable as outlined in SECTION XII of this document. Additionally, we reserve the right to immediately terminate, with or without cause, any client whom is deemed to be harassing us or otherwise creating a hostile work environment. We reserve the exclusive right to determine what constitutes harassment or hostile. PLEASE NOTE: In the rare event or occurrence that this happens, a partial refund of unused services will be given, in an amount to be determined exclusively by us.

We reserve the exclusive right to refuse services or to terminate your access, post purchase, to the website or any part  of our related sites, formats, programs, or platforms at any time without notice.  In the event your access or subscriptions are cancelled or terminated (either by you, your responsible party, or by us), the restrictions/disclosures/terms and conditions imposed on you and set forth in this document shall continue indefinitely.

If you have any questions, please contact us at spend.smart.live.happy@gmail.com

If you have any questions or concerns about the contents found herein, on this site, or pertaining to any of our  products, services, or other messages, please email us at spend.smart.live.happy@gmail.com.

SECTION XIV:

Programs/Materials Use and Consent

Any of our programs or related original content are owned and operated by SPEND SMART LIVE HAPPY, LLC (“Company”, “we”, “our” or “us”). The content shared in these messages has been developed or obtained by us through the investment of significant time, effort and expense, personal and professional experience, through our own unique talents and gifts and ARE  protected from improper and unauthorized use.

Use of our content, in any manner, constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them in part, or in their entirety.  PLEASE BE ADVISED: We additionally reserve the right to change these Terms and Conditions on an as needed basis, and regardless of when and how these terms are changed, you assume, and continue to assume full responsibility for your knowledge and understanding of them. Your use at any time of our content and messages will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please immediately discontinue use of our products, messages, or services.

PLEASE BE ADVISED:  We strive to keep content appropriate for all ages; however at times there may be discussion on topics that may be deemed of a more mature nature. Our messages our intended solely for adult users(age 18+), or for children whose use is being directly monitored and authorized by their respective responsible adult party. Any registration by, use of, or access to our messages by individuals other than the authorized users listed herein, is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using this Program or our website, you represent and warrant that you are 18 years or older, or have authorized adult permission and supervision by your responsible adult party,  and that you agree to and to abide by all of our Terms and Conditions.

SECTION XV:

Your Limited License. All of our privately owned content and messages made available to you, either in free or paid format, are the property of Spend Smart Live Happy, LLC,  Company and/or our affiliates or licencors, and are protected by copyright, trademark, and other intellectual property laws.

The content, layout, design, data, databases and graphics in any of our messages are protected by United States intellectual property laws. All content found on this site or in any of our messages is SOLELY owned by us, unless otherwise indicated. ALL UNAUTHORIZED USE of this content will be pursued to the fullest extent of the law by use of legal representation or other means of pursuit of legal justice and restitution or correction.

If you purchase or access any of our messages, materials, or other content that is owned and operated exclusively by us, you will be considered our Licensee, with a revocable, non-transferable license for limited use only, limited to you only, to be used only in accordance with the Disclaimer, the Terms and Conditions, and the Privacy Policy found herein.

 You MAY NOT share, distribute, or use any purchased privately owned and operated content or messages produced by us, or use our privately owned and operated signature program content,  in any manner, or with any other individuals, team members, companies, or organizations, professional or non-professional, unless having received official written consent by us.  In the event you directly or indirectly share the our exclusive uniquely created purchased content or messages, including any and all related materials, with a business affiliate, or similar non- client professional, you will be in violation of these Terms and Conditions. You are strictly prohibited from utilizing any of our content for your own professional purposes, regardless of whether or not you receive monetary donation or compensation for it.

In the event you have a company, organization, individual, colleague or team member that is interested in utilizing our privately owned content or messages, for professional or commercial use, please contact us at spend.smart.live.happy@gmail.com.

You may only use the information that is expressly provided to you by Spend Smart Live Happy, LLC through the privately owned and operated content that you purchase.

You are STRICTLY prohibited from copying, editing or using any privately owned and operated content, to include but not limited to: messages, information, photos, collages, banners, text, descriptions, logos, statements, personal quotes, marketing materials, program outlines, handouts, session materials, correspondence, etc (either free or paid) produced or provided by Spend Smart Live Happy, LLC. You may not duplicate, share, or sell any of our messages or privately owned and operated content obtained in or through our website, or other message formats with professionals of any kind, for their personal, commercial or business use, whether or not it was known to you at the time that their intention was to use our content or messages for their own benefit or purposes. Any individuals who have not personally purchased our messages or content, or who are not otherwise listed by our exclusive authorization, as purchasers of the program are STRICTLY PROHIBITED of use of the content per the terms listed herein. Unless otherwise explicitly authorized in these Terms and Conditions or by our official written consent, you may not, for commercial use or in a way that earns money, even if by donation, modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any materials or messages purchased through us or found in any of our  private Facebook groups, audio or video recordings, webinars or other broadcasted seminars, phone calls, or skype calls,  to any other individuals, in particular any health care practitioners.

Downloading, printing, or otherwise using, in any manner, any of the content, materials, or messages found in our privately owned and operated purchased content and messages, DOES NOT give you any copyright or ownership rights of that material contained in the purchased content. All rights not expressly granted in these terms or any express written license, are reserved by us.

IF YOU ARE UNSURE OF WHAT IS PERMISSIBLE FOR YOUR USE, AND/OR YOU DESIRE TO OBTAIN OFFICIAL WRITTEN PERMISSION BY US FOR USE OF A PROHIBITED WORK, THEN PLEASE CONTACT US AT spend.smart.live.happy@gmail.com, or by using the contact form located within this website.

We appreciate your cooperation with and adherence to these guidelines and restrictions.

 

SECTION XVI:

Security. Any use of our website or affiliated sites or electronic links is done so at your own risk. Due to nature of an online format and related risks involved, we cannot guarantee or ensure your safety or security for any information transmitted. PLEASE NOTE: Payments made to us are made via paypal and we assume NO LIABILITY for the security of those payment services. In the unlikely occurrence you were to experience an issue with those payment services, you are to contact the merchant service directly as we are not held responsible for the security of their provided services.  While such an occurrence is unlikely, and while we have security measures in place to help prevent loss, misuse, or alteration of information obtained by you or any third party;  we do not provide guarantee of such prevention. All transmissions of any kind are done so at your own risk. Additionally we assume no responsibility for, nor is compensation or refund provided, for any computer malfunctions, hardware issues,uploading/downloading issues, viruses, or other related electronic issues you may experience of which are beyond our control. In the rare event that you experience an issue as a result of a software, streaming, or uploading/downloading issues from our end, accommodations will be provided or necessary actions taken. We reserve the right to determine  what accommodations or relevant actions need to be taken.

Passwords

During the purchase or use of our sites or content, you may find the need to create and use login information including usernames and passwords.  You are responsible for maintaining the confidentiality of any login or other related account information. You assume all responsibility for the use of any accounts and you are not permitted to share your login information with anyone. If we discover you have shared login or other account access information with anyone, you acknowledge and accept the terms and conditions contained herein and agree that you will revoke your right for the content access and usage and will voluntarily terminate your access to the program, website, private group, or other related platform or venue. NO REFUNDS will be given. Please refer to our Refund section of this document.

XVII:

Privacy Policy & Consent:

Any data or confidential information you provide to us is protected by and covered by this Privacy Policy and by using this website or any of our messages you acknowledge and accept this policy.

In regards to the submission, storage and sharing of your personal data, please be advised that to provide you with quality services we may seek personal data including your name, e-mail address, and other contact information. Additionally, should you elect to move forward with one of our coaching programs you may be asked to provide information to include but not limited to: birth date, time, and location for use in the mapping of your chart which is critical for maximizing the coaching experience. When you purchase a coaching package, in either 1-1 or group format, you agree to providing this information and grant us permission to use and store such information. This information is kept confidential is and used for your coaching experience only.

By utilizing our programs or services, you agree to provide any requested information and agree to do so in an accurate and truthful manner. Any information requested from you will be for exclusive use in providing you with quality services and is critical to your success in our programs. If information provided is found to be bogus, we have the right to immediately inactivate your account and/or terminate services.

PLEASE BE ADVISED: We reserve the right to disclose personal written or verbal information provided by you, in the event we are required to do so by law or in the good-faith belief that such action is necessary in order to comply with a legal process served upon us, our partners, sponsors, investors, or affiliates, to protect and defend our rights or property, or those of our users, or in the event that we deem it necessary to make a report of public safety officials in order to protect the safety of you, those close to you, the general public, or any agent of our company.

PLEASE NOTE: When you voluntarily comment or post in a manner that is  made visible  by third parties, to include without limitation, in any comment or post sections of our website or any social media platform, whether public domain or in a private group, you do so at your own risk. In posting within these platforms, content is made visible to third party individuals and therefore you shall be advised that we ARE NOT responsible for any unauthorized third party use of such information.

 

SECTION XVIII:

Your Conduct. You are STRICTLY PROHIBITED from using our website, social media platforms, or other related platforms/venues in any manner that causes or is likely to cause harm to us or any other users of the site/platform. You are STRICTLY PROHIBITED from using or distributing other confidential information. While this condition is placed here, you acknowledge and accept any risks involved with your own posting or comments that are viewed by third party individuals and you release us of all liability associated with any content you post in that manner. When participating in any of our programs or services you agree to do so for lawful purposes only.

You must not use any of our content, messages, sites, programs, etc for any of the following:

  • Fraudulent purposes.
  • Criminal or unlawful activities.
  • To act, communicate, send, use or re-use any comments or material that is considered harassment, defamatory, abusive or threatening, causes harm,  that is illegal, results in an invasion of privacy, would breach a third party participants confidentiality,  is deemed in breach of copyright laws or is infringing of any intellectual property rights,  or otherwise injurious to us or any third party.
  • To use, distribute, reproduce, duplicate, copy or resell any of our privately owned ad operated content or messages in a manner that does not adhere to these Terms and Conditions or any other agreement with us, regardless of whether you or any of your affiliated parties are to have financial or monetary gain from such actions. Whether such actions are performed at no cost or for monetary compensation, it is deemed illegal and is STRICTLY PROHIBITED per these terms.

SECTION XIX:

Limitation of Liability & CONCLUDING DISCLOSURES/TERMS: 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF OUR SITES OR PROGRAMS.  IF YOU OR YOUR CLIENTS ARE DISSATISFIED WITH OUR PROGRAMS OR SERVICES, OR ANY OF THE DISCLAIMERS & TERMS AND CONDITIONS FOUND HEREIN OR ON ANY OTHER SITE MAINTAINED BY US, IT IS THE INDIVIDUALS SOLE AND EXCLUSIVE RESPONSIBILITY TO IMMEDIATELY DISCONTINUE USING OUR SITES, PROGRAMS OR SERVICES.

 

PLEASE BE ADVISED ALL RESTRICTIONS, LIMITATIONS, RULES, GUIDELINES, POLICIES, TERMS AND CONDITIONS, OUTLINED IN THIS DOCUMENT, AND ALL RELATED DISCLAIMERS MADE BY US HEREIN OR ON ANY OTHER PLATFORM OR SITE, SERVE AS YOUR OFFICIAL WRITTEN NOTICE.

BY VISITING THIS SITE, VIEWING OUR CONTENT ON ANY PLATFORM, PARTICIPATING IN, EXPERIMENTING WITH, USING OR IMPLEMENTING ANY CONTENT FOUND ON OUR WEBSITE OR IN ANY OF OUR MESSAGES, YOU IMPLICITLY SIGNIFY YOUR ACKNOWLEDGEMENT AND AGREEMENT TO ANY AND ALL TERMS WRITTEN BY SPEND SMART LIVE HAPPY, LLC, AND FOUND ON THIS DOCUMENT OR OTHERWISE SPECIFICALLY OUTLINED ON ANOTHER DOCUMENT AND LABELED AS  “DISCLAIMER” or “TERMS AND CONDITIONS” IN THEIR ENTIRETY.

User’s continued reading and use of this website or any of our other messages indicates User’s acceptance of these Terms and Conditions.

IMPORTANT- URGENT- PLEASE READ:

IF YOU DO NOT AGREE TO THE PREVIOUS TERMS AND CONDITIONS, PLEASE KINDLY EXIT NOW, AND/OR IMMEDIATELY CEASE THE USE OF OUR SITE OR ANY OTHER MESSAGES DISTRIBUTED BY US. THANK YOU.

*******************************************