AIP CERTIFIED COACH DISCLAIMER
The AIP Certified Coach certification program (the “Program”) is a general information training program facilitated by Autoimmune Wellness LLC for those who already possess licenses and/or certifications in the medical, health-coaching, and/or nutrition fields and want to further their learning in the area of working with clients experiencing certain chronic illnesses. Before you get started on your coaching certification journey, there are a few guidelines we need you to acknowledge and accept. Failure to do so can prevent your participation. By using this site or signing up for the program, you acknowledge and agree to the following disclaimers, waivers, and terms contained in this AIP Certified Coach Disclaimer (“Agreement”). (For purposes of this Agreement, you will at times be referred to as “you,” “your,” or “yourself.”)
The AIP Certified Coach certification (the “Coach Certification”) is not a license or board certification. It does not entitle you to give nutrition counseling or address, treat, or diagnose any nutritional, medical, psychological, or physiological conditions. Although you already may have various nutrition or health-related certifications in your state, the Coach Certification does not supplement, add to, or change your current licensure, if any. The Program is not a standalone health coaching or nutrition certification in and of itself.
Persons enrolling in the Program (hereinafter referred to as a “Student” or “Students”) must sufficiently prove to Autoimmune Wellness LLC (the “Company”) that they have an existing applicable medical, health-coaching, or nutrition certification and/or licensure, as well as current professional liability insurance before officially being recognized as an AIP Certified Coach (“Coach”). Becoming a Coach does not mean that one is legally able to practice in certain states or regions of the world. It is every Coach’s individual responsibility to obtain and maintain their licensure or certification and work within their legal scope of practice wherever they reside.
To earn a Coach Certification and be granted permission to use the AIP Certified Coach Seal (“Seal”), you must do the following:
(i) Complete all of the course material for each week of the program, including quizzes, and participate in discussions;
(ii) Pass the final exam;
(iii) Provide to the Company sufficient proof of a medical, health-coaching, or nutrition certification and/or licensure (which shall indicate your legal scope of practice) (“proof of Certification”);
(iv) Provide to the Company proof of current professional liability insurance for your medical, health-coaching, and/or nutrition practice (“proof of Insurance”); and
(v) Sign the Practitioner Agreement, which is a separate document from this Agreement, and which further governs the relationship between you and the Company.
In order to maintain your Coach Certification, you will be annually required to: (i) submit proof of Certification and proof of Insurance, and (ii) pay a recertification fee to the Company. If you do so, you may continue to use the Seal and be listed in the practitioner directory.
If you wish to enroll in the Program, you may be asked to supply certain information relevant to your enrollment to the Company. (At times herein, the Company may be referred to as “we,” “us,” or “our.”) Such information includes, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) used in connection with any Program enrollment or related purchase; and (ii) the payment-related information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel a Student’s enrollment at any time. Some reasons we may cancel a Student’s enrollment include, but are not limited to: product or service availability; errors in the description or price of the product or service; an error in the Student’s order; or other reasons. Students may or may not be provided a reason in the event of cancellation; however, nothing herein entitled Students to a specific description regarding why cancellation has occurred.
We reserve the right to refuse or cancel a Student’s order if fraud or an unauthorized or illegal transaction is suspected.
You understand that the cost of the Program is $799 paid in full or $999 with the previously arranged payment plan. Payment is due either in full or with the first payment in the payment plan before a space in the Program will be held for you. Payment may only be made using a credit or debit card.
In the event of your absence or withdrawal from the Program, for any reason, refunds will be given on the following terms: (i) Prior to the Program’s start date, a full refund will be provided. (ii) Within fourteen (14) days of the Program’s start date, a full refund less a 15% administrative fee will be given. (iii) After fourteen (14) days from the Program’s start date, no refunds will be authorized.
The Company reserves the right to cancel the Program at any point if it is not advantageous for the Program to continue. If this happens, a full refund minus a 15% administrative fee will be administered.
YOUR RELATIONSHIP WITH THE COMPANY
You acknowledge and agree that acting as a Coach does not make you an employee, independent contractor, partner, agent, or assign of Autoimmune Wellness LLC, or of any of its owners, affiliates, assigns, or related companies. As a Coach, you are being granted a limited license to use the Company’s name in connection with your coaching services. The Company is not responsible for, nor does it monitor, any of the coaching you provide to any of your private clients. You acknowledge and agree that you are wholly responsible for any and all advice given to your private clients in connection with information you learn or obtain from the Program. Other than those fees you earn from your private clients, you will not be entitled to any additional compensation as a Coach. You are not required to accept any particular clients and may leave the Program at any time. You are responsible for organizing your time with your coaching clients. The Company reserves the exclusive right to revoke your status as a Coach at any time.
LIMITED LICENSE GRANT
By acting as a Coach, you acknowledge and agree that the Company has granted you a limited license to use its intellectual property in connection with your services as a Coach, only. However, all copyrights, trademarks, and patents owned by the Company shall remain the sole and exclusive property of the Company, and nothing herein shall constitute or be construed as an exclusive or unlimited grant of a license. You shall be permitted to use the Company’s marks, promotional materials, and various website links as provided to you in connection with your services as a Coach only. Should you voluntarily leave the Program or be removed from the Program, you must discontinue any and all use of the Company’s intellectual property within fifteen (15) days of your departure. You must provide written notice to the Company that you have ceased all use of its intellectual property. Notice should be provided to the following address:
Autoimmune Wellness LLC
2135 NE McDonald Ln., Ste. A
McMinnville, OR 97128
AVAILABILITY, ERRORS, AND INACCURACIES
The Company is constantly updating product and service offerings for the Program. We may experience delays in updating information on the Program and in our advertising on other web sites. The information found on the Program may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Program and we cannot guarantee the accuracy or completeness of any information found on the Program.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Participation in the Program allows Students to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). In order to be eligible to participate in the Program, Students must have a Facebook account for the purposes of participating in certain class discussions related to the Program. Students are responsible for the Content they post on, through, or in connection with the Program, including its legality, reliability, and appropriateness.
By posting Content on, through, or in connection with the Program, Students represent and warrant that: (i) the Content is the Student’s (they own it) and/or the Student has the right to use the Content and grant us the rights and license thereto as provided herein; and (ii) the posting of the Student’s Content on, through, or in connection with the Program does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of any Student found to be infringing on a copyright.
The Student retains any and all of their rights to any Content they submit, post, or display on, through, or in connection with the Program, and they are responsible for protecting those rights. We take no responsibility and assume no liability for Content a Student or any third party posts on, through, or in connection with the Program. However, by posting Content using the Program, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on or through the Program. You agree that this license includes the right for us to make your Content available to other users of the Program, who may also use your Content subject to these terms.
Autoimmune Wellness LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, any information you obtain or receive in connection with the Program, including, without limitation, documents, handouts, communications, text, graphics, videos, and other materials (“Documentation”), is the property of Autoimmune Wellness LLC (or is used by Autoimmune Wellness LLC with permission). You agree not to distribute, modify, transmit, download, repost, copy, use, or reuse said Documentation, whether in whole or in part, for commercial purposes or for personal gain, without express, advance written consent from Autoimmune Wellness LLC.
When a Student creates an account with us, they guarantee they are over the age of 18, and that the information they provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of a Student’s account with the Program.
You are responsible for maintaining the confidentiality of your account and password. Failure to do so may result in, among other things, restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether the password is with our Program or a third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Without appropriate authorization, you may not use as an account username: (i) the name of another person or entity that is not lawfully available for use; or (ii) a name or trademark that is subject to any rights of another person or entity other than yourself. Furthermore, you may not use as an account username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel enrollment in the Program in our sole discretion.
The Program and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Autoimmune Wellness LLC. The Program is protected by copyright, trademark, and other laws of both the United States and foreign countries. All rights are expressly reserved. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Autoimmune Wellness LLC.
The Program will keep Students’ information private, and will not share Students’ information with any third party unless compelled by law to do so.
You understand and acknowledge that during the course of the Program, you will have access to and learn about confidential and proprietary documents, materials, and other information of and relating to the Program and its clients (“Confidential Information”). You further understand and acknowledge that this Confidential Information, and our ability to reserve it for the exclusive knowledge and use of the Program, is of great competitive importance and commercial value to the Company.
Accordingly, you agree: (i) to treat all Confidential Information as strictly confidential; (ii) not to directly or indirectly disclose, publish, communicate, or make available Confidential Information, or allow it to be disclosed, published, communicated, or made available, in whole or in part, to any third party not having a need to know and authority to know and use the Confidential Information in connection with the Program; and (iii) not to access or use any Confidential Information, and not to copy any documents, records, files, media (including Facebook transcripts), or other resources containing any Confidential Information, or remove any such documents, records, files, media, or other resources from the control of the Program.
LINKS TO OTHER WEBSITES
Our Program may contain links to third-party web sites or services that are not owned or controlled by Autoimmune Wellness LLC. Autoimmune Wellness LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Autoimmune Wellness LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you read the terms, conditions, and privacy policies of any third-party websites or services you visit in connection with the Program.
We may terminate or suspend a Student’s account and bar access to the Program immediately, without prior notice or liability, in our sole discretion, for any reason whatsoever, including, but not limited to, a Student’s breach of this Agreement.
Should you wish to terminate your account, you may simply discontinue using the Program.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Autoimmune Wellness LLC and its licensees and licensors, and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) resulting from or arising out of: (i) your use and access of the Program, by you or any person using your account and password; (ii) a breach of this Agreement; or (iii) Content posted on, through, or in connection with the Program.
LIMITATION OF LIABILITY
Autoimmune Wellness LLC, and its directors, employees, partners, agents, suppliers, and affiliates, shall not be liable for any loss, claim, injury, or damage of any kind resulting in any way from (i) any errors or omissions stemming from your services as a Coach or any services or products obtained or obtainable from the Company; (ii) the unavailability or interruption of the Company’s website or forum, if applicable, when rendering services as a Coach; (iii) your access to or use of the Program, or your inability to access or use the Program; (iv) any conduct or content of any third party in connection with the Program; (v) any content obtained from the Program; or (vi) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Program is at your sole risk. The Program is provided on an “AS IS” and “AS AVAILABLE” basis. The Program is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Autoimmune Wellness LLC and its subsidiaries, affiliates, and licensors do not warrant that (i) the Program will function uninterrupted, securely, or be available at any particular time or location; (ii) any errors or defects in the Program will be corrected; (iii) the Program is free of viruses or other harmful components; or (iv) the results of using the Program will meet your expectations or requirements.
You acknowledge and accept that participating as a Coach is an activity conducted, at least in part, online. As such, you acknowledge and agree to accept correspondence and communication through various websites and email addresses. The Company does not represent or guarantee that any of the Company’s or your clients’ communications/materials will be free from loss, corruption, attacks, viruses, interference, hacking, or other security intrusion, and the Company disclaims any liability relating thereto. You shall be responsible for backing up your own system.
USE OF INFORMATION
This Agreement and your right to participate as a Coach are not transferable or assignable, and any attempt to do so will be invalid. Any password or right given to you to obtain information or documents in connection with the Program is not transferable or assignable without the prior written consent of the Company.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
MODIFICATIONS TO AGREEMENT
We reserve the right, in our sole discretion, to modify or replace any terms of this Agreement at any time. If a revision of this Agreement is material, we will provide you at least 15 days’ notice before any new terms become effective. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use the Program after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Program.
This Agreement shall be governed and construed in accordance with the laws of the state of Oregon, without regard to its conflict of law provisions.
You and the Company are independent parties, and nothing in this Agreement creates a partnership, employment relationship, or agency. There are no third-party beneficiaries of this Agreement. The Company’s failure to enforce any provision of this Agreement shall not be considered a waiver of such provision nor of the right to enforce such provision. A prevailing party in an action to enforce the terms of this Agreement shall be entitled to collect from the other party its reasonable attorney’s fees and costs. This Agreement and all incorporated agreements and your information may be automatically assigned by the Company, in its sole discretion, to a third party in the event of an acquisition, sale, or merger. Should any provision of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining provisions of this Agreement will remain in full force and effect. To the extent that anything in or associated with prior executed agreements is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our rights under this Agreement shall survive any termination of this Agreement.