Terms & Conditions

 

The following Terms of Service Agreement (“Agreement”) constitutes a binding legal contract. Please carefully read these terms as they affect your legal rights. You (hereinafter, “Client,” “You,” and/or “Your”) are invited to consult with counsel prior to accepting the terms of this Agreement. Before You use the services provided by True Metabolism, Testing, LLC, a Colorado Limited Liability Company, and Stoney Eskew (hereinafter, collectively “Company”) (including www.stoneyeskew.com, www.stoneyeskewmembers.com, www.truemetabolismtesting.com, and its related social media websites), You must read and accept all of the terms and conditions in, and linked to, this Agreement.

By using the services on Company’s websites (including www.stoneyeskew.com,  www.stoneyeskewmembers.com, www.truemetabolismtesting.com,  (hereinafter, the “Website”) and other related social media websites (collectively, the “Websites”)) and/or clicking “I Agree” below, You are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "Client Agreement" or “Terms of Use” or “TOS”), with Company, all Websites, and the general principles for the Website(s).

Based on the foregoing, by entering and using the Website(s) and/or clicking “I Agree” below, You agree to abide by the following terms and conditions:

MEMBER ACCOUNT, PASSWORD AND SECURITY: You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Company of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from your account at the end of each session. Company is not responsible for any breaches of security or damages resulting from the client’s failure to protect account and password information.

By signing up for Company’s services, coaching services and/or providing Company and/or Website with your information, You certify that all information is completely accurate to the best of Your knowledge. You certify that your name, e-mail address, address, and any further such information are accurate. You further certify that You are signing up with Company for legitimate purposes and not to commit fraud. If Company discovers any fraud being perpetuated through its system, Company reserves the right to refer cases to the United States Department of Justice and other governing authorities.

NO RESALE OR REDISTRIBUTION OF SERVICES PERMITTED: You agree not to reproduce, redistribute, forward, duplicate, copy, record, sell, trade, resell or exploit for any personal, private or commercial purposes, any portion of the Service (including your Stoney Eskew Members/ AbundantLife Coaching ID), use of the Service, or access to the Service.

AMENDMENTS: Company retains the right to amend the terms of this Agreement without prior consent of or notice to the Client. Additionally, when using particular services owned and/or operated by Company, You are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time

ELIGIBILITY: Company’s services are only available to persons who can form a legal binding contract. Website and/or any such services provided by Company are not available for use by minors (under 18) without parental consent. By entering the Website, using Company’s services, and/or entering this Agreement, You certify that You are of legal age and not restricted to using the Website by any United States or International law, or otherwise by any other law, agreement, or regulation.

 You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof). Company is concerned about the safety and privacy of all their Clients.

RESERVATION OF RIGHTS: Company and Website reserve the right to suspend, discontinue or terminate any user's and/or Client’s membership or listing at any time and may be implemented immediately without notice. Some examples include but are not limited to the breach of this Agreement, member misconduct, if Company cannot verify or authenticate any or some of the information You provide, or any other reason that Website assumes.

FEES AND CREDITS: Fees are subject to change without notice. However, Website will notify existing Clients in advance of any fee changes that would affect their current listings. Credits are considered and issued on an individual basis, depending on circumstances. Company and Website reserve the right to place third party advertisements on any page within our site.

INTELLECTUAL PROPERTY: COPYRIGHTS AND PATENTS: All content included within this Website such as text, graphics, logos, design and images are the property of Company and are protected by United States and international copyright and patent laws. The internal code and graphics displayed on the Website are the copyrighted proprietary property of Company. No license to use any of the foregoing is expressed or implied. Parties infringing the forgoing shall be subject to prosecution under the intellectual property laws of the United States.

In the event that any content is provided to Client, Company grants You a limited personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Company for use in accessing the Service.

GENERAL PRACTICES: You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that documents, or other uploaded Content will be retained by the Service, the maximum number of files and/or documents that may be uploaded by an account on the Service, the maximum size of files and/or documents that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Company's servers on Your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.

SYSTEM: Company and/or Website will not be held responsible for any information, loss, or damages resulting from system failure due from any external or internal devices, acts of nature, or acts of God. Client may not use any device that interferes with the proper working of Website. Client agrees not to disclose password to a third party and understands that any and all actions taken under Your password are your responsibility.

USE OF COMPANY’S COACHING SERVICES: Any and all coaching services rendered to Client by Company shall be governed by the terms and conditions set forth herein.

COMPANY’S SERVICES: Upon execution of this Agreement and receipt of advance deposit from Client, Company agrees to render life, wellness, and self-improvement, consulting, and/or coaching services as more specifically more particularly described on Company’s Website(s) for the services purchased by Client (hereinafter and throughout, “Services”). The scope of Services rendered by Company pursuant to this Agreement shall be specifically limited to those contained herein, unless a further agreement is reached between the parties for Company to provide additional services for additional compensation.

COMPENSATION: Client agrees compensate Company according to the rates posted on the Website for the program(s) selected by Client.

REFUNDS AND CHARGEBACKS: In the event that Client terminates services prior to the completion of the Services, Client shall be responsible for the entire Fee set forth herein. To the extent that Client provides Company with Credit-Card information for payment on Client’s account, Company shall be authorized to charge Client’s Credit-Card for any unpaid invoices. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith.

LATE FEES: Company shall charge a two-percent (2%) late penalty to all balances that are not paid in a timely manner by Client.

NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees that she/he/it will obtain medical services from the professionals/physicians/health care providers of her/his/its choice. Client agrees and acknowledges that Company’s Services, and any other services provided by Company, Ms. Eskew, and/or the Website(s), are not in any way intended to be a substitute for medical treatment or consulting. Company does not and shall not provide medical or dermatological services in any way. To the extent and in the event that Company does provide any medical services or advice, Client agrees that it is Client’s sole and separate responsibility to review such advice with her/his/its chosen professionals/physicians/health care providers prior to making any decisions based on Company’s advice/recommendations. Company will provide and Client shall receive only general coaching training, and education coaching services, which comprise general coaching services and are not a substitute for medical treatment or consultation with any medical doctor. Client agrees that she/he/it will solely remain responsible for contacting, communicating with, coordinating with, and otherwise retaining the services of her/his/its chosen professionals/physicians/health care providers. Client agrees that she/he/it will remain responsible to be mindful of her/his/its own well-being and health during and while receiving Company’s services and will appropriately seek medical treatment as needed. Company does not provide medical, or psychotherapy services of any sort. Company is furthermore not responsible for any decisions made by Client as a result of the recommendations made by Company and/or any consequences thereof. Client further acknowledges that there is no privilege or confidentiality that protects statements made to a life-coach. Accordingly, disclosure of information received by Company does not constitute a violation of this agreement or the common law.

IN THE EVENT OF A HEALTH CARE EMERGENCY, CLIENT IS HEREBY INSTRUCTED TO IMMEDIATELY CONTACT HER/HIS/ITS PHYSICIAN. CLIENT SHALL REMAIN SOLELY RESPONSIBLE FOR COMMUNICATING WITH HER HEALTH CARE PROVIDERS, HOSPITAL, AND/OR EMERGENCY SERVICES.

DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he/it retains one hundred percent (100%) responsibility for her/his/its progress and health while receiving Company’s services. Client accepts and agrees that she/he/it is the one vital element to her/his/its success and that Company cannot control Client and/or Client’s outcome as a result of the services being rendered hereunder in any way.

Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Client accepts that, because of the nature of Company’s services and the fact that her/his/its physician will be primarily responsible for her/his/its well-being, the results experienced by clients significantly vary. Client accepts responsibility for such variance. Company and their affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company shall have no liability whatsoever for any claim relating to any Client’s inability to access the services properly or completely or for any claim related to any errors or omissions in the services.

NON-DISPARAGEMENT. In the event that a dispute arises between Company and Client, the parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between Company and Client, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

NO TRANSFER OF INTELLECTUAL PROPERTY: Client agrees not to reproduce, redistribute, duplicate, copy, record, sell, trade, resell or exploit for any private, personal and/or commercial purposes, any portion of the materials provided by Company. Company’s copyrighted and/or original materials shall be provided to the Client for his/her/its individual use only and a single-Client license. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of Company. No license to sell or distribute Company’s materials is granted or implied.

To the extent that Client, Client’s voice, Client’s likeness, or Client’s name are featured in any portions ofCompany’s publicly accessible website/programs, Client hereby grants Company an irrevocable and perpetual license to use the same throughout the Universe without any compensation whatsoever to Client. Client acknowledges and agrees that she/he/it will derive an independent benefit from any such feature and, therefore, need not, shall not, and will not be compensated at all for the same.

LIMITATION OF LIABILITY: By using Company’s services, Client releases Company from any and all damages that may result from anything and everything related to Company’s services. Company’s services are only being provided for general training, support and education. By using Company’s services, Client releases Company from any and all damages that may result from anything and everything related to this Agreement. Client accepts any and all risks, foreseeable or non-foreseeable, arising from this transaction.

Notwithstanding the foregoing, if Company is found to be liable to Client or a third-party in any way, Company’s liability to Client or to any third party is limited to the total fees Client paid to Company in the twelve (12) months prior to the action giving rise to the liability. All claims against Company (or any party/entity therein) must be lodged with the entity having jurisdiction within one (1) year of the date of the first claim or otherwise be forfeited forever.

Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services. Client agrees that use of this service is at Client’s own risk.

TERMINATION: In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. Client shall cease further communications with others enrolled in the program and Company’s staff/employees.

INDEMNIFICATION: Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever—including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements—which any of them may incur or become obligated to pay arising out of or resulting from the services being offered by Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Company.

 CONTROLLING AGREEMENT: In the event of any conflict between the provisions contained in this Agreement and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling. This Agreement shall govern all services.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

OTHER TERMS: Upon execution of This Agreement, by using the services on Company’s Website(s) and/or clicking “I Agree” below, the parties agree that any individual, firm, affiliate, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, companies, heirs, assigns, designees or consultants of which the signee is an affiliate, company, officer, heir, successor, assign or designee of Company or Client is bound by the terms of THIS AGREEMENT.  A facsimile, electronic, or e-mailed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument.

By clicking ‘agree’ I hereby consent to engage in the nutrition/exercise program by Stoney Eskew of AbundantLife Coaching and Seminars, LLC.  I understand that I’ll be given nutrition and exercise advice, suggestions and recommendations.  I agree to consult my physician first before adhering to any program. I understand that my failure to do so could lead to possible unnecessary serious injury and/or even possibly death.  If, at any time, I feel fatigue, shortness of breath, or chest discomfort, I will cease my participation and seek immediate help.  I agree to assume all responsibility and risk of exercise and dietary changes and further agree to hold harmless True Metabolism Testing, LLC, South Denver Internal Medicine and Stoney Eskew, of any and all claims, suits losses or related causes of action for damages, including but not limited to, such claims that may result from my injury or death, accidental or otherwise.

All sales are non-refundable.