Holly Lowery
Health Coach & Anti-Diet Advocate
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Terms & Conditions

 
 

Terms & Conditions


y visiting and using this website or any Holly Lowery Media (defined below), you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Holly Lowery, also DBA MEND Wellness Coaching (HollyLowery.com)

HOLLY LOWERY INTELLECTUAL PROPERTY
This website and any related website or forum hosted on any platform by Holly Lowery (including but not limited to any Holly Lowery group or subgroup on Facebook.com  include materials protected by U.S. and international intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. These materials are owned by Holly Lowery, or are used by Holly Lowery with permission from their owners. You may view, download, print, email and use materials from Holly Lowery for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, post materials from Holly Lowery on any other website or social media, or otherwise use any material from Holly Lowery for commercial purposes. Any reproduction or unauthorized use of any materials found on Holly Lowery media shall constitute infringement.

YOUR INTELLECTUAL PROPERTY
If you submit, comment or post any materials (such as photos, videos or written content) to Holly Lowery .com, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Holly Lowery a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Holly Lowery a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Holly Lowery does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on Holly Lowery .com. Any material you post on Holly Lowery's media becomes public. You are responsible for your material and for any liability that may result from the material you post on Holly Lowery's Media. You participate, comment, and post material on Holly Lowery's media at your own risk. Any communication by you on Holly Lowery's media, whether by leaving a comment or participating in a chat room, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Holly Lowery, in its discretion, may delete or modify, in whole or part, any post, comment or submission to Holly Lowery's media. Holly Lowery does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Holly Lowery neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on Holly Lowery's media. Holly Lowery shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on Being Boss Media.

MEMBERSHIP AREA RULES
To access certain features of Holly Lowery, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Holly Lowery has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from Holly Lowery to any other person, Holly Lowery has the right to suspend or terminate your account and refuse any and all current or future use of Holly Lowery's media or any online material, in whole or part, in its sole discretion and without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Holly Lowery Privacy Policy.

GENERAL RULES FOR USE OF HOLLY LOWERY .COM
You are strictly forbidden from the following:
• Causing damage to any Holly Lowery's content
• Using Holly Lowery's content for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using Holly Lowery's content to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using Holly Lowery's content to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from Holly Lowery
• Sharing private and proprietary information from Holly Lowery with anyone else

Holly Lowery may, without notice, refuse access to Holly Lowery's content (in whole or in part), without refund, to any person that fails to comply with these Terms or for any other reason in its sole discretion.

NO LIABILITY FOR OPINIONS, ADVICE, OR THIRD-PARTY MATERIALS
Holly Lowery provide information only, and do not provide any financial, legal, medical or psychological services or advice. None of the content on Holly Lowery .com prevents, cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Holly Lowery disclaims any liability for your reliance on any opinions or advice contained in Holly Lowery's content.
Any links to third-party products, services, or sites are subject to separate terms and conditions. Holly Lowery is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Holly Lowery may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

DISCLAIMER
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH HOLLY LOWERY MEDIA ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLLY LOWERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOLLY LOWERY DOES NOT WARRANT THAT HOLLY LOWERY CONTENT OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF HOLLY LOWERY .COM, INCLUDING MEMBERSHIP AREAS, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HOLLY LOWERY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, HOLLY LOWERY CONTENT, INCLUDING THEIR MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH HOLLY LOWERY MEDIA CONTENT

LEGAL TERMS
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws. The nearest state and federal courts to Syracuse, NY shall have exclusive jurisdiction over any case or controversy arising from or relating to Holly Lowery, including but not limited to the Privacy Policy or these Terms. By using Holly Lowery's content you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

Holly Lowery controls and operates Holly Lowery's services from offices in the United States. Holly Lowery does not represent that materials on Holly Lowery .com and Holly Lowery social media are appropriate or available for use in other locations. People who choose to access Holly Lowery's content  from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Holly Lowery may change, modify or update these Terms at any time without notice. Any access or use of Holly Lowery .com by you after Holly Lowery posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact hollylowerycny@gmail.com

INDEMNITY
You agree to defend, indemnify and hold harmless Holly Lowery and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of Holly Lowery in violation of these Terms of Use, (ii) any breach by you of these Terms of Use or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Holly Lowery, (iv) your use of materials or features available on Holly Lowery (except to the extent a claim is based upon infringement of a third-party right by materials created by Holly Lowery) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

DISCLOSURE POLICY
Holly Lowery  does accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation.
The advertising content, topics or posts on Holly Lowery may be influenced by the compensation received. Any content, advertising space or posts will be clearly identified as paid or sponsored content.
The views and opinions expressed on Holly Lowery .com and/or Holly Lowery's social media are purely those of Holly Lowery, its members, employees, agents, and contributors. Any product claim, statistic, quote or other representation about a product or service may have been provided to Holly Lowery by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.

pdated 8/24/2016