Terms and Conditions

UPDATED FEBRUARY 2024

Hello and thank you for visiting! It is important to us that everyone has a positive and safe online experience so here are the rules of the road! Enjoy.

These Terms and Conditions apply to your use of the websites owned and operated by Dana Leipold Wellness including danaleipold.com, and any subdomains thereof (the “Site”) The term “Site” includes the content on the Site and all of my services provided on or through the Site. You use the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to the Site. By using the Site you agree to these Terms and Conditions and my Privacy Policy, which is incorporated herein by reference. If you do not agree with any of parts of the Terms and Conditions, do not use the Sites. These Terms and Conditions may be changed from time to time without notice. Any changes will be effective when posted. Periodically review my Terms and Conditions to become aware of any changes.

Services
Your use of certain features, functionality, resources, products or programs (including, without limitation, contests, sweepstakes, games, surveys, forums, newsletters, subscription registrations, content submissions, chats, bulletin boards, discussion groups, promotions, marketing opportunities, affiliate programs requests for suggestions, requests for free products, RSS feeds, etc.) offered on or through the Site (the “Services”) may be subject to additional terms and conditions (“Service Rules”), and before you use any of the Services you may be required to indicate your acceptance of such additional Service Rules. All Service Rules are incorporated into these Terms and Conditions by reference.

User Requirements
You must be at least 18 years old to participate on my Site. I do not knowingly collect personal information from anyone under the age of 18. If you are under the age of 18, with the permission of your parent or legal guardian, you may view the Site as a visitor.

Personal Advice

The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. I encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of my Site does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on my part or the part of its contributors. I do not endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. I make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. I are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

Not Medical Advice

The Site Content is not intended to be a substitute for medical advice, diagnosis, or treatment that can be provided by your physician, therapist, licensed dietician, or any other healthcare professional. I am not a medical health practitioner or a mental health provider and I do not hold myself out to be in any capacity. I do not provide healthcare, medical, or dietary therapy services nor do I attempt to diagnose, treat, or cure any disease, condition, or physical and mental ailment. I serve as a coach, mentor, and guide to help you reach your own health and wellness goals.

Consult Your Physician or Healthcare Provider

My intent is NOT to replace any relationship that exists, or should exist, between you and a medical doctor, mental health provider, or other healthcare professional. Always seek the advice of your physician, therapist, or other qualified healthcare professional regarding any questions or concerns you have about a specific health situation, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. If you suspect you have a medical problem, contact your healthcare provider promptly.

No Guarantees

My role is to support and assist you in reaching your goals, but your success depends primarily on your own effort motivation, commitment, and follow-through. I cannot or do not guarantee that you will attain a particular result, and you understand that results differ by each individual.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL I BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

Indemnification
You agree to indemnify and hold harmless me and my officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms and Conditions, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms and Conditions by you and/or anyone using your registered account to access and/or otherwise use the Site (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses.

Jurisdiction
I control and operate the Site from my office in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. People who choose to access the Site 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.

Arbitration
These Terms and Conditions will be governed by, and construed in accordance with the laws of the State of California. All disputes related to these Terms and Conditions shall be submitted for resolution to the American Arbitration Association’s (“AAA”) San Francisco, California office. You hereby waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final, and judgment may be entered into it in accordance with the applicable law in the Circuit Court of San Francisco. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA’s San Francisco, California office.

Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, YOU HEREBY WAIVE THE RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS RELATING TO THESE TERMS OF USE, AND THE BREACH THEREOF WHETHER IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT.

Severability; Waiver; Modification
If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then said provision shall be severed from the remaining Terms and Conditions and shall not affect the validity or enforceability of the remaining provisions. Failures to timely exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms and Conditions constitute the entire agreement between you and me relating to the subject matter contained herein.

Injunction Relief
You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against me, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.

Questions
If you have any questions regarding these Terms of Use, you may contact me at dana@danaleipoldwellness.com.