Please read these Terms and Conditions carefully. WellnessLifestyleCoaching.com and Dashen Chay Enterprises, LLC reserves the right to change these Terms and Conditions on the Website from time to time, and by using the Website, you agree to the Terms and Conditions as they appear whether or not you have read them. If at any time you do not agree with these Terms and Conditions, please do not use this Website.
Website Use and Consent
Whether you use this Website as a casual visitor, guest, registered user, licensee, or as a member of our programs, you agree to certain terms which are outlined below.
If you have purchased a program or subscription or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement or the terms and conditions for that program, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.
We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We, of course, try to limit the frequency and duration of any suspension or restriction. This “site” may contain technical inaccuracies or typographical errors. This information may be changed or updated without notice.
Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently responsibility for errors or omissions on the site or in documents referenced by or linked to our Website.
Intellectual Property Rights
The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. Content is solely owned by us unless otherwise indicated.
Our Limited License to You. This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.
The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. The content is solely owned by us unless otherwise indicated.
If you purchase any program, services, or materials through this Website, you will be considered our Licensee and the terms and conditions specifically relating to the respective program or service purchase shall apply.
If you are a visitor to this Website and you are not making a purchase of a program, service, or materials through this Website, for the avoidance of doubt, all content obtained from or on this Website is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you enroll in or purchase any of our programs or services or obtain information through this Website, you expressly agree that you will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.
In addition, as a Licensee, you understand and acknowledge that the information obtained on or through this Website have been developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
You may not use this site or the materials available on or through this Website in a manner that constitutes an infringement of our rights, or that has not been authorized by us.
As a visitor to this Website, you may from time to time, download and/or print copies of individual pages of the Website, including blog posts, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained. By downloading, printing, or otherwise using Website content for personal use you in no way assume any ownership rights of that material.
You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you unless specifically permitted to do through the terms and conditions relating to your respective program or service purchase or unless specifically authorized by us in advance and in writing.
Unless otherwise explicitly authorized in these Terms and Conditions or the terms and conditions relating to a specific program or service you purchased through this Website, or unless you obtain advance written permission from us, you may not 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 material purchased through any of our Programs, Products or Services, or obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.
All rights not expressly granted in these terms or any express written license are reserved by us.
The trademarks and logos which are displayed on the Website are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.
Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 13 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.
Obtaining Permission to Use Our Intellectual Property
Any request for permission of our content or images, or other use of information obtained from or through our Programs, Products, Services, or Website, or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on this Website, or by sending an e-mail to the address listed at the bottom of this page.
We take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
As a visitor to this Website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.
THE INFORMATION, PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
We try to ensure our Website is available for use at all times, other than for a small period of scheduled downtime; however, we do not warrant that at other times our Website will be available.
To the fullest extent permitted by law, we will not be liable to you for damages or refunds should our Website become unavailable or access to the Website becomes slow or incomplete due to system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to you.
The content obtained on or through this Website is designed for non-medically trained individuals and should not be relied upon as a replacement for consultation with your doctor or other qualified healthcare providers.
The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. You and your clients should not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. You and your clients should not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. If you or your clients have or suspect that you/they have a medical or mental health issue, you are advised contact your/their own health care provider promptly. You and your clients assume all risks and no results are guaranteed. The content of this Website is provided for educational and informational purposes only to help you reach your own business goals, but you are solely and personally responsible for the results you and your clients obtain through our Website.
By using our Website in any way or for any reason, you also implicitly agree to our full Disclaimer.
Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall anyone related to The Health Coach Group, LLC or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, including its materials or third party materials made available through the Program, even if we are advised beforehand of the possibility of such damages.
You agree at all times to defend, indemnify and hold harmless WellnessLifestyleCoaching.com and Dashen Chay Enterprises, LLC, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each, if applicable, from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to the Program as experienced by you, anyone affiliated in any way with your business, or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions.
You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future results that may be obtained from your access to our Website.
Third Party Links
Throughout this Website, we may provide links and pointers to Internet sites which may take you outside of our owned or controlled Website to other websites maintained by third parties. Links are provided for your convenience, and an inclusion of any link does not imply endorsement, sponsorship, or approval by us of the linked website, its operator or content.
Also, neither we nor affiliates operate or control in any respect any information, programs, products or services that third parties may provide on or through their websites or on websites linked to our Website. We have no control over the contents or functionality of those websites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this Website, and such other website use will be subject to those linked websites’ relevant terms and conditions and privacy policies. It is your responsibility to review these terms and conditions and privacy policies of other websites to confirm that you understand and agree with those policies.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse, and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorized representative while acting in his/her official capacity.
You must not use our Website in any way that causes or is likely to cause our Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us.
You must use the Website for lawful purposes only. You must not use the Website for any of the following:
a) For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
b) To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
c) To cause annoyance, inconvenience or needless anxiety
d) To impersonate any third party or otherwise mislead as to the origin of your content
Certain sections of the Website may allow you to purchase many different types of programs, products or services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these programs, products or services.
If you make a purchase from a merchant on the Website or on an external site linked to by the Website or through a cellular phone app, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.
A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase our Programs, Products or Services on or through the Website, you are subject to additional terms and conditions that specifically apply to your purchase or use of such Programs, Products or Services.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or cellular phone app. You agree to use the Website and to purchase our Programs, Products or Services through the Website or cellular phone app for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur and agree not to assert any claims against them or us, arising from your purchase or use of any programs, products or services made available by third parties through the Website or cellular phone app.
Your participation, correspondence or business dealings with any third party found on or through our Website or cellular phone app, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When purchasing for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.
We reserve the right in our sole discretion to refuse or terminate your access to the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
The Website and its Content is owned by Steven N. Day, Sr., Founder of Dashen Chay Enterprises, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website (“Website”).
I’ve always been committed to keeping your personal data safe – the GDPR is just an extra layer of security for you.
Information We May Collect
We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:
A name and an email address so we can deliver our newsletter to you – you would be affirmatively consenting to this by providing this information to us in our contact forms.
Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.
Information from you from a co-branded offer
Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us using the information at the bottom of this page.
If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or Content.
Other Information We May Collect
Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
Use of “Cookies”
We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.
What We Do with Information We Collect
We may contact you with information that you provide to us based on these lawful grounds for processing:
a) Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
b) Contract. We will contact you under our contractual obligation to deliver goods or services you purchase from us.
c) Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.
We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR.
Targeted Social Media Advertisements
We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.
Share with Third Parties
We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, or our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.
Viewing by Others
Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).
Submission, Storage, Sharing and Transferring of Personal Data
Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).
We retain your Personal Data for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.
To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.
You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.
We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
How You Can Access, Update or Delete Your Personal Data
You have the right to:
a) Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
b) Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
c) Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
d) Withdraw your consent at any time to the processing of your Personal Data.
e) Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.
f) Receive Personal Data portability and transference to another controller without our hinderance.
g) Object to our use of your Personal Data.
h) Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.
You Control Your Email Subscription Preferences
If you’ve given us your express consent, we use your email address to share tips, special offers, and to announce new products. This consent can be withdrawn or modified at any time through the my details section of your user area.
You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us using the information below.
We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data as we do. That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
Third Party Websites
We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.
We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.
Notification of Changes
Data Controller and Processors
We are the data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.
The Owner of this “site” is: Dashen Chay Enterprises, LLC
WellnessLifestyleCoaching.com Mailing address:
7200 N. 43rd Ave., #52
Glendale, AZ 85301