Terms and Conditions (“Terms”)
Last updated: September 1, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.janetwhalen.com website (the “Service”) operated by Janet Whalen Coaching (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Janet Whalen Coaching.
Janet Whalen Coaching has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Janet Whalen Coaching (and janetwhalen.com) 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at janetwhalen(dot)com.
Disclaimer For Website, Programs, Products + Services
By entering this website or purchasing or using our blog, e-mails, videos, social media, programs, products and/or services, from or related to Janet Whalen and Janet Whalen Coaching, you are agreeing to accept all parts of this Disclaimer. If you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, programs, products or services or anything you have purchased or experienced through us (collectively “Website, Programs, Products and Services”).
For Educational and Informational Purposes Only.
The information provided in or through our Website, Programs, Products and Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When using any material obtained from or through Janet Whalen Coaching, whether through in-person, phone, Zoom, webinars, tele-seminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing coaching for women with insomnia, and in no other role.
Not a Substitute for Medical Advice.
The information provided in or through our Website, Programs, Products and Services is not intended to be a substitute for professional advice, diagnosis, psychological or physical treatment that can be provided by you or your clients’ own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.
Not Holding Self Out.
In this capacity as a coach for women with insomnia, I am not holding myself out to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy. Rather, I serve as a trainer, educator, coach, mentor and guide who provides coaching and self-help education to women.
Consult Your Physician or Health Care Provider.
Our intent is NOT to replace any relationship that exists, or should exist, between you or your clients’ Medical Provider or Mental Health Provider. You and your clients should always seek the advice of your/their own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your/their specific health situation. We advise you and your clients to speak with your/their own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Website, Programs, Products and Services including but not limited to exercise, lifestyle, weight loss, food, vitamins or supplements; engaging in an elimination diet, detox or cleanse; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. You and your clients shall 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 Medical Provider and/or Mental Health Provider. If you or your clients have or suspect that you or they have a medical problem, you are advised to contact your/their own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice.
The information contained in our Website, Programs or Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by province and state and it is constantly changing and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding any and all information presented by our Website, Programs or Services pertaining to your specific financial and/or legal situation.
Our Website, Programs and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs and Services, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your business, and for your own health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now or in the future.
No Guarantees of Income or of Any Kind.
Our role is to support and assist you in reaching your own sleep and self-care goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot and do not guarantee that you or your clients or customers will attain a particular result, and you accept and understand that results differ by each individual. Each individual’s health and wellness success depends on his or her background, dedication, desire, and motivation, and a whole host of additional factors. As with any business or health and wellness related program or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made. Any earnings or income statements or examples shown through our Website, Programs and Services are only estimates of what might be possible for you or your clients. There can be no assurance as to any particular financial outcome, or health and wellness outcome, based on the use of our Website, Programs or Services. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, your clients’ results, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs and Services. You are solely responsible for your and your clients’ results.
The conference program and speakers may change (including cancellation of sessions and workshops) without notice.
We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products and Services, are the culmination of numerous variables, some of which we cannot control.
Assumption of Risk.
There are sometimes unknown individual risks and circumstances that can arise during use of our Website, Programs, Products and Services that cannot be foreseen that can influence or reduce results. We are not responsible for your or your clients’ personal choices or actions before, during or after use of our Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through our Website, Programs, Products or Services is to be taken at your and your clients’ own risk, with no liability on our part, recognizing that there is a rare chance that business failure, illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, as well as your clients’ use or non-use of any information obtained through you or our Website, Programs or Services. Your or your clients’ use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, your clients, your business, your family and/or children or any other person may incur from your or their use or non-use of the information provided.
No Liability and Release of Claims.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Programs or Services. In no event will we be liable to you, your clients’ or to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Programs and Services, or on those affiliated with us in any way, and you and your clients’ hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you and/or your clients, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering this Website, Program or Services in any way. In the event that you or your clients use the information provided through our Website, Programs or Services by us or affiliated with us, we assume no responsibility. We will not be held responsible in any way for the information that you or your clients request or receive through our Website, Programs or Services. By using our Website, Programs and Services, you and your clients fully and completely hold harmless, indemnify and release us and any other of our employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you or your clients ever had, now have or will have in the future against us, arising from your or your clients’ participation in or in any way related to our Website, Programs and Services, unless arising from the gross negligence on our part.
No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR PROGRAMS, PRODUCTS AND SERVICES.
Accuracy. Although every effort is made to ensure the accuracy of information shared on or through our Website, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Programs, Products and Services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of health care, scientific, business, and technology research is constantly evolving, we cannot be held responsible for the accuracy of our content.
No Endorsement. Reference or links in our Website, Programs, Products or Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help and for informational and educational purposes only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Website, Programs, Products or Services. Should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website.
By using our Website, Programs, Products and Services you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us at janet@janetwhalen(dot)com