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Terms of Services

Terms of Service

Cynthia Bugher Wellness, LLC​

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BY VISITING www.drcynthiabugher.com (which includes www.cynthiabwellness.com when referred to below), YOU ARE CONSENTING TO OUR TERMS OF SERVICE.

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OVERVIEW

By using www.drcynthiabugher.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Cynthia Bugher Wellness, LLC. (the “Company”), owner of www.drcynthiabugher.com.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.

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SITE USE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.

In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

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PURCHASE AND REFUND POLICY

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company unless a separate Terms of Purchase Agreement is provided at purchase.  No refunds will be given for any products purchased online.

 

THIRD PARTY RESOURCES

The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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ONLINE COMMERCE

Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

 Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. 

 We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. 

 You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content. 

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Account Enrollment, Eligibility and Security.  In order to access the website and services (e.g. agreeing to participate in a Health Coaching Program, accessing your Client account in any other platform(s), you represent and warrant that you are of legal age to sign a binding contract and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms and Conditions of Use (Terms of Use),  register for the services under your own name and to use the services in accordance with this Terms of Use and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your Cynthia Bugher Wellness, LLC account, including, but not limited to, your name, mailing address, phone number, email and password. Your username and password are personal to you and you are solely responsible for maintaining their confidentiality, and for all activities that occur under such username and password. You agree to prohibit anyone else from using your user name and password, and you agree to immediately notify Cynthia Bugher Wellness, LLC by email and phone of any actual or suspected unauthorized use of your Cynthia Bugher Wellness, LLC account or other security concerns of which you become aware.

To permit you to access Cynthia Bugher Wellness, LLC services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a dependents under your name. Any such subaccount is subject to these Terms of Use and Privacy Notice.

In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the website and the services. Cynthia Bugher Wellness, LLC may, in its sole discretion, refuse to provide the services to you due to your noncompliance with these Terms of Use or any other actual or potential misuse of your account or the services. We recommend that you do not access your account or the Services from a public computer. In no event and under no circumstances shall we be liable to you for any damages arising out of the use of the Cynthia Bugher Wellness, LLC website, Cynthia Bugher Wellness, LLC services, your account information, or the release of your account information to third parties. Cynthia Bugher Wellness, LLC recommends that you do not store your account password through your web browser or other software.

 

Fraud Prevention and Security.  Cynthia Bugher Wellness, LLC may contact you by telephone, mail, or email to verify your account information. We may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your account. If you do not provide this information in the manner requested within fourteen (14) days of the request, Cynthia Bugher Wellness, LLC reserves the right to suspend, discontinue or deny your access to and use of the website and services, until the information is provided by the Client as requested.

 

Protected Health Information. Your Protected Health Information (PHI) is for you to enter, store and access your personal health information online, including health history, current health conditions, symptoms, complaints, allergies and medications, and for your Health Coach to record the results of his/her coaching encounters with you in accordance with his/her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video and/or telephone consultation becomes part of your PHI. You agree to provide accurate, current and complete information about yourself for your PHI, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your PHI, please see our Privacy Notice.

 

It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your PHI. Cynthia Bugher Wellness, LLC is not responsible for maintaining data arising from use of the services. Subject to retention and destruction requirements imposed by law, Cynthia Bugher Wellness, LLC reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Cynthia Bugher Wellness, LLC pursuant to its internal record retention and/or destruction policies. Please note that it is solely your Health Coach’s obligation to use and disclose the information included in your PHI in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other health care providers. However, by requesting a consultation through Cynthia Bugher Wellness, LLC, you agree to disclose the contents of your complete PHI to the Health Coach who will conduct your consultation.

 

Limitations on Use.  You agree that you will not use the website or services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of any of the platforms used by your coach, (by way of example only, practicebetter.io, Skype, G-suite’s, Google Drive, Google “Meet”, Zoom, telephone, FaceTime, WhatsApp, Facebook, Chat, or any other communication platform or communication rail) to impersonate another person or misrepresent authorization to act on behalf of others. All messages transmitted should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username or password to access or use the Services. You will not attempt to undermine the security or integrity of computing systems or networks of Cynthia Bugher Wellness, LLC, its partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website or the services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Cynthia Bugher Wellness, LLC website or the services. You will not use robots or scripts with the website. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this website. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

You further agree that any information you provide or use one any associated or recommended websites, and your use of the PHI platforms or services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

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Operational Functionality. Cynthia Bugher Wellness, LLC reserves complete and sole discretion with respect to the operation of the Cynthia Bugher Wellness, LLC’s services. Cynthia Bugher Wellness, LLC may, among other things withdraw, suspend or discontinue any functionality or feature of the services. We are not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Other than as required by applicable law, Cynthia Bugher Wellness, LLC is not responsible for maintaining information arising from use of the website or in respect of the services.

 

Intellectual Property. With the exception of your PHI and the proprietary software and other communication rails, Cynthia Bugher Wellness, LLC retains all right, title and interest in and to Cynthia Bugher Wellness, LLC the website, the services and any Information, products, documentation, software or other materials on the website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the website licensed to Cynthia Bugher Wellness, LLC in which the licensor retains all right, title and interest. The information available through the website and the services is the property of Cynthia Bugher Wellness, LLC, or if licensed by Cynthia Bugher Wellness, LLC, the licensor.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the services (which includes its software and documentation and protocols), create derivative works based on or in any manner commercially exploit the services, in whole or in part. You agree that violations by you, or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of the Terms of Use will be prosecuted to the fullest extent of the law in the federal and state courts located in South Carolina. Whether a violation of any policies or Terms of Use has occurred is at the sole discretion of Cynthia Bugher Wellness, LLC. Nothing contained on the website should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the website without the written grant thereof by Cynthia Bugher Wellness, LLC or the third party owner of such trademarks, service marks and logos. The website may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

 

Legal Notices and Disclaimers.  YOU ACKNOWLEDGE THAT YOUR USE OF THE Cynthia Bugher Wellness, LLC SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THESE SERVICES AND ASSOCIATED WEBSITES AND PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW Cynthia Bugher Wellness, LLC AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Cynthia Bugher Wellness, LLC AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER. Cynthia Bugher Wellness, LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON VITAMINS, SUPPLEMENTS, AMINO ACIDS OR ANY OTHER NUTRITIONAL PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF SUPPLEMENTS OR NUTRITIONAL PRODUCTS BASED ON INFORMATION.

Furthermore, coaching is not a substitute for your Primary Care Provider. You agree to contact your Primary Care Provider immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. You acknowledge and agree that Cynthia Bugher Wellness, LLC does not provide medical advice, diagnosis, or treatment, but strictly provides coaching as described in the Health Coaching Policy and the Terms of Acceptance.

 

Content Disclaimers. No information found or discussed during coaching or found on associated or recommended website(s) should be relied on as professional medical advice. Nothing contained in this website should be construed, directly or indirectly, as the practice of medicine or providing medical services by Cynthia Bugher Wellness, LLC. The information and services provided on or through coaching are intended solely as general educational material. Always seek the advice of your primary care provider or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have discussed through coaching or read on any associated or recommended website(s). Cynthia Bugher Wellness, LLC makes no warranties or representations as to the accuracy of the information provided on any associated or recommended website(s), and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material during coaching or recommended from coaching, directly or indirectly. You assume the entire risk of loss in using coaching and information contained in coaching and you assume the entire risk of loss in using any information in any associated documents or websites recommended to you or associated with your coaching.

 

Communications. You acknowledge that communications with the Health Coach or Cynthia Bugher Wellness, LLC using e-mail, facsimile, video chat, instant messaging, and cell phone or any other communication rail are not guaranteed to be secure or confidential methods of communications. As such, you expressly waive Cynthia Bugher Wellness, LLC’s obligation to guarantee confidentiality with respect to correspondence using such means of communication. You acknowledge that all such communications become part of your PHI.  The Client acknowledges that: 

 

    1. E-mail is not necessarily a secure medium for sending or receiving PHI and, there is always a possibility that a third party may gain access;

    2. Although Cynthia Bugher Wellness, LLC will make all reasonable efforts to keep e-mail communications confidential and secure, neither Cynthia Bugher Wellness, LLC nor the Health Coach can assure or guarantee the absolute confidentiality of e-mail communications;

    3. In the discretion of the Health Coach, e-mail communications may be made a part of Client’s permanent PHI; and 

    4. Client understands and agrees that e-mail is not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. In the event of an emergency, or a situation in which the member could reasonably expect to develop into an emergency, Client shall call 911 or the nearest Emergency room, and follow the directions of emergency personnel.

    5. If the Client does not receive a response to an e-mail message within 24-48 hours, Client agrees to use another means of communication to contact the Health Coach. Neither Cynthia Bugher Wellness, LLC nor the Health Coach will be liable to the Client for any loss, cost, injury, or expense caused by, or resulting from, a delay in responding to the Client as a result of technical failures, including, but not limited to, (i) technical failures attributable to any internet service provider, (ii) power outages, failure of any electronic messaging software, or failure to properly address e-mail messages, (iii) failure of the Health Coach’s computers or computer network, or faulty telephone or cable data  transmission,  (iv) any interception of e-mail communications by a third party; or (v) your failure to comply with the guidelines regarding use of e-mail communications set forth in this paragraph.

 

Electronic Communications.  The Client consents to receive electronic messages from Cynthia Bugher Wellness, LLC at any e-mail address that the Client has provided to Cynthia Bugher Wellness, LLC, including messages whose primary purpose is to advertise or promote products or services (“Marketing Messages”) and messages whose primary purpose relates to the Client’s transactions or relationship with Cynthia Bugher Wellness, LLC, including the Health Coaching Programs, purchase or products or services, or amendments to these Terms of Use (“Transactional Messages”). The Client consents to send any sensitive PHI or sensitive data (such as credit card information) through a secure HIPPA compliant platform.

 

Service Reliability and Warranties. Cynthia Bugher Wellness, LLC makes no warranty that the communication services or PHI platform(s) will meet your requirements, or that the communication services or PHI platform(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected, including loss of data resulting from delays, and any service interruption caused by Cynthia Bugher Wellness, LLC or its affiliates.  Cynthia Bugher Wellness, LLC is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.

Cynthia Bugher Wellness, LLC will take commercially reasonable precautions to protect against failure of its equipment and software. The Client acknowledges and agrees that temporary interruptions in service may occur, and that Cynthia Bugher Wellness, LLC shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the communication services or PHI platform(s). The Client acknowledges and agrees that data may be lost or corrupted in connection with use of the communication services or PHI platform(s). Cynthia Bugher Wellness, LLC may perform regular back-ups of all data stored but shall have no liability to the Client in the event all data is lost or destroyed. The Client acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the communication services or PHI platform(s).

 

Indemnification. Cynthia Bugher Wellness, LLC, our contractors, agents, employees, officers, directors and affiliates (Affiliates) from all liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether in law or in equity), expenses, including attorney’s fees, resulting from, relating to, or arising, directly or indirectly, out of or in connection with: (i) your use or misuse of the coaching or the communication rails used or the information provided on any associated or recommended website(s), (ii) Your breach of the Terms of Use or the Privacy Policy, (iii) your relationship with any Health Coach, (iv) the content or subject matter of or any information you provide to Cynthia Bugher Wellness, LLC, any of its Affiliates, any Health Coach or customer service agent, and/or (v) any negligent or wrongful action or omission by you in the use or misuse of the PHI platform(s) or the Services or any information posted on the PHI platform(s), including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. If and when Cynthia Bugher Wellness, LLC is threatened with such suit, Cynthia Bugher Wellness, LLC may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of your Terms of Use and may result in, among other things, deactivation of your Cynthia Bugher Wellness, LLC coaching program and associated PHI platform access and any other content associated with coaching.

 

Limitation of Liability. EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION: Cynthia Bugher Wellness, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS. IN NO EVENT SHALL Cynthia Bugher Wellness, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, NOR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LIQUIDATED SUM OF $100.00 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Cynthia Bugher Wellness, LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM, ARISE OUT OF, OR ARE IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH ANY WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON ANY RECOMMENDED OR ASSOCIATED SITES OR DIRECTLY FROM THE HEALTH COACH, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Cynthia Bugher Wellness, LLC IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT Cynthia Bugher Wellness, LLC’s AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL BE THE MINIMUM PERMITTED BY LAW.

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES, AND LIMITATIONS OF LIABILITY.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO Cynthia Bugher Wellness, LLC AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. Cynthia Bugher Wellness, LLC DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH ANY COMMUNICATIONS OR PHI PLATFORMS OR OTHER SERVICES.

IN CONSIDERATION OF MY PARTICIPATION IN THE HEALTH COACHING PROGRAM, I HEREBY ACCEPT ALL RISK TO MY HEALTH, INCLUDING INJURY OR DEATH THAT MAY RESULT FROM SUCH PARTICIPATION AND I HEREBY RELEASE Cynthia Bugher Wellness, LLC ON MY BEHALF AND ON BEHALF OF MY PERSONAL REPRESENTATIVES, ESTATE, HEIRS, NEXT OF KIN, AND ASSIGNS FROM ANY AND ALL COSTS, CLAIMS, CAUSES OF ACTION AND DAMAGES ARISING FROM ANY AND ALL ILLNESS OR INJURY TO MY PERSON, INCLUDING MY DEATH, THAT MAY RESULT FROM OR OCCUR AS A RESULT OF MY PARTICIPATION IN COACHING, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE. 

 

Third Party Protection. The Indemnification, Limitation of Liability, and Disclaimers provisions set forth above are for the benefit of Cynthia Bugher Wellness, LLC, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

Termination and Survival. Cynthia Bugher Wellness, LLC may terminate your Coaching Program at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms of Use, or the intellectual property protections applicable to these services (Defined Above). Cynthia Bugher Wellness, LLC may also seek legal prosecution of any violations of law or these Terms of Use and you agree to personal jurisdiction by the Courts in the State of South Carolina. Upon termination of services by Cynthia Bugher Wellness, LLC or voluntary termination of service by Client, Cynthia Bugher Wellness, LLC has the right to delete all data, files, or other information that is stored in the Client’s account for any reason, except for data which it is legally required to retain. The Indemnification, Limitation of Liability, Copyright, Jurisdiction, Warranty Waiver, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.

 

Force Majeure. Notwithstanding anything herein to the contrary, Cynthia Bugher Wellness, LLC shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, pandemic (including COVID-19), or any other cause beyond its control. Cynthia Bugher Wellness, LLC shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Coaching Program in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Coaching Program or the facility for the Coaching Program, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, contingency or circumstances not subject to the reasonable control of Cynthia Bugher Wellness, LLC, which causes delays or hinders the delivery of the Coaching Program. Cynthia Bugher Wellness, LLC shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

 

No Third Party Rights. Unless expressly granted in these Terms of Use or in the Privacy Policy, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any persons other than you, Cynthia Bugher Wellness, LLC and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to you, Cynthia Bugher Wellness, LLC or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, Cynthia Bugher Wellness, LLC or its Affiliates.

 

Assignment. You may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any part of them without Cynthia Bugher Wellness, LLC’s prior written consent. Cynthia Bugher Wellness, LLC may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Use and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

 

Governing Law, Jurisdiction, and Venue. These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to these Terms of Use or Privacy Policy shall be brought in the applicable Federal or State court located in South Carolina. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to Cynthia Bugher Wellness, LLC must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Cynthia Bugher Wellness, LLC services or website.

 

Enforcement Costs. If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

 

Waiver of Jury Trial. THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OF USE OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED BY A JURY.

 

Arbitration. Except for violations of Section 6 of this Agreement (Intellectual Property), which may be brought in the state or federal courts in South Carolina, (applying South Carolina law, without reference to choice or conflict of laws principles), Client understands and acknowledges that any dispute regarding the Coaching Program or Cynthia Bugher Wellness, LLC’s performance of its obligations under this Agreement will be determined by submission to arbitration by the American Arbitration Association in Charleston, South Carolina, following the rules of the American Arbitration Association and applying South Carolina law (without reference to choice or conflict of laws principles), and not by a lawsuit or resort to court process, except as South Carolina law provides for judicial review or arbitration proceedings. The parties to this Agreement, by entering into it, are giving up their constitutional rights to have any such dispute decided by a court of law before a jury, and instead are accepting the use of arbitration.

It is the intention of the parties that this Agreement bind all parties whose claims may arise out of or are related to the Coaching Program or services provided by Cynthia Bugher Wellness, LLC, including any spouse or heirs of the Client and any children, whether born or unborn, at the time of the occurrence giving rise to any claim.

All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable South Carolina statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence.

The prevailing party shall be entitled to recover the costs of arbitration unless otherwise determined by the arbitrator and shall be entitled to reasonable attorneys’ fees as determined by the arbitrator.  

 

Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

 

Change of Law. If there is a change of any law, regulation or rule, federal, state or local, which affects the Agreement including these Terms of Use, which are incorporated by reference in the Agreement, or the activities of either party under the Agreement, or any change in the judicial or administrative interpretation of any such law, regulation or rule, and either party reasonably believes in good faith that the change will have a substantial adverse effect on that party’s rights, obligations or operations associated with the Agreement, then that party may, upon written notice, require the other party to enter into good faith negotiations to renegotiate the terms of the Agreement including these Terms of Use. If the parties are unable to reach an agreement concerning the modification of the Agreement within forty-five (45) days after of date of the effective date of change, then either party may immediately terminate the Agreement by written notice to the other party.

 

Amendment.  No amendment of this Agreement shall be binding on a party unless it is made in writing and signed by all the parties. Notwithstanding the foregoing, Cynthia Bugher Wellness, LLC may unilaterally amend this Agreement to the extent required by federal, state, or local law or regulation (“Applicable Law”). Any such changes are incorporated by reference into this Agreement without the need for signature by the parties and are effective as of the date established by Cynthia Bugher Wellness, LLC.

 

Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or un-enforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

 

Miscellaneous; These Terms of Use shall be construed without regard to any presumptions or rules requiring construction against the party causing the instrument to be drafted. Captions in this Terms of Use are used for convenience only and shall not limit, broaden, or qualify the text.

 

Entire Agreement. These Terms of Use, together with any Cynthia Bugher Wellness, LLC rules or policies referred to herein, represents the entire agreement between you and Cynthia Bugher Wellness, LLC concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. Cynthia Bugher Wellness, LLC may modify this Terms and Conditions of Use as set forth above.

 

I have read, fully understand, and agree to the above statements.

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Updated: 3/4/2024

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