Terms And Conditions
This website and all services, content, programming, coaching, literature, products, and subscription services (“Program”) is owned and operated by Dr. Leen Awad and BA Wellness LLC, (“Company”, “we”, “our”, or “us”). The following Terms and Conditions, Disclaimer, Privacy Policy and any documents referred to therein are referred to as “Terms of Use”. These Terms of Use govern your access to and use of the Program, whether you are a guest or registered user. By accessing this website or accessing, downloading, or otherwise using or purchasing any services, content, programming, coaching, literature, products, or subscription services (“Use”), you are agreeing to accept all parts of our Disclaimer, the Privacy Policy, and these Terms and Conditions and to abide by all applicable laws and regulations. If you do not agree, you must not access or Use the Program.
This Program is intended solely for users who are 18 (eighteen) years of age or older. Any Use of the Program by anyone under this age is unauthorized and is in violation of these Terms and Conditions. By Using this Program, you represent and warrant that you are 18 years of age or older.
This Program was developed through significant time, effort and expense, and this information belongs to Company. This Program is protected by copyright and intellectual property laws. Content is solely owned by us. If you purchase or access any materials through this Program, you will have a revocable, non-transferable license for your personal lawful use only in accordance with the Disclaimer, Privacy Policy and these Terms and Conditions. You may not reproduce or share Program materials with anyone else, other than your personal health care provider. You are prohibited from copying, editing, selling, duplicating, sharing, or using any information for any purpose other than for personal use. Improper and unauthorized use or reproduction of the Program is strictly prohibited. You may use the content on the website only in the form provided on or through the website, and solely for your own informational purposes. You may not use any content for any commercial purpose or charge a fee or other consideration in exchange for the content. You may not utilize the content to sell, advertise, endorse, or otherwise promote any other service, product, or party.
Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on the website are the property of Company or its partners, affiliates and licensors. Except as expressly set forth in this or another agreement, you may not display, link to, or otherwise use the marks without the prior written permission of the Company.
The website may include links to third-party websites that are not operated by or under the control of the Company. We provide these links to users for their convenience. The inclusion of a link does not imply that Company endorses or accepts any responsibility for the content, products or services on the linked site. If you access a third-party site from our website, you do so at your own risk. We encourage you to review any site’s policies before providing any personal information.
We reserve the right to change these Terms and Conditions and Terms of Use from time to time without notice, and your continuing Use will constitute your agreement to be bound by any and all such changes and terms and conditions. All changes are effective immediately and apply to all Use of the Program from that time forward. If at any time you do not agree with these Terms and Conditions, please do not Use the Program.
Your Use of the Program is subject to the Privacy Policy. Please review the Privacy Policy, which also governs the Program and Use of the Program. Your agreement to the Privacy Policy is hereby incorporated into these Terms and Conditions and Terms of Use.
Your Use of the Program is also subject to the Disclaimer. Please review the Disclaimer, which also governs the Program and informs used of various limitations regarding the information provided within the Program. Your agreement to the Disclaimer is hereby incorporated into these Terms and Conditions and Terms of Use.
We make efforts to ensure the Program is available and uninterrupted. However, we cannot guarantee that your access will not be interrupted or restricted from time to time, for reasons outside of our control, and also due to time to allow for repairs, maintenance or the introduction of new services.
Reasonable efforts are made to ensure the accuracy of published information through this Program. However, the Program may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in the Program. Information may be changed or updated without notice.
We reserve the right to withdraw or modify the Program and any service or material provided in our sole discretion without notice. We will not be liable if for any reason all or any part of the Program is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Program or the entire Program to users, including registered users.
Certain portions of the website are limited to registered users. In order to access certain parts of the Program, you may be asked to provide certain registration details or other information. It is a condition of your Use that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Program or otherwise, including but not limited to the use of any interactive features, is governed by our Privacy Policy, and you consent that all actions we take with respect to your information that are consistent with our Privacy Policy.
Your approval as a registered user is at our sole discretion. You agree to keep your account information and password confidential, and to notify us immediately of any actual or suspected unauthorized use of your account. You are solely responsible for all activities that occur through your account. We will not be liable for any loss or damage resulting from your failure to safeguard your password and account. We have the right to disable any user name, password or other identifier at any time in our sole discretion for any or no reason, including if we believe you have violated any provision of these Terms of Use. We reserve the right in our sole discretion to refuse or terminate your access to the Program without notice.
We cannot warrant the security of any information transmitted to us or though our services. Submitting information is done at your own risk. We make no assurances about our ability to prevent any loss, misuse, or alteration of any information.
We cannot ensure that the Program is suitable or beneficial to you, and we make no guarantees or representations regarding Program content or that you will achieve a specific result from interacting with the Program. The information contained within the Program is for informational purposes only.
Your Use of the Program is at your own risk. The Program is intended to supplement a complete healthcare and wellness routine, which includes consultation with a licensed healthcare professional. The Program is not a healthcare provider and is not medical advice. Do not rely on the Program for treatment of any mental, physical, or health condition. Please use caution when using the Program.
You agree and acknowledge that:
You will not use the Program if you have an existing mental, physical, or health condition without prior consultation with a licensed health care professional;
you will immediately cease using the Program if you begin to experience any mental, physical or health condition; and
participating in any physical activity, wellness program and/or when using any fitness products or services, there is the possibility of injury and/or death, and you assume the risk and responsibility for any such results.
Your Use of the Program and any reliance you place on the information or actions taken by you as a result of Use of the Program is solely at your own risk. There are sometimes unknown individual risks that can arise during Use of the Program. We are not responsible for your personal actions. You understand that any Use of the Program is at your own risk, with no liability on our part. You accept full responsibility for your use or non-use of any information provided by us. Program content is for general educational, entertainment and informational purposes only. Neither the Program nor any Program contributors, owners, or health coaches make any representations, express or implied, with respect to Program content provided or its use. We make no claims, representations, or guarantees that you will achieve a specific outcome from the Program or that the Program will provide you with any physical or therapeutic benefit.
The Program has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure or prevent any disease or condition and should not be considered medical or psychological advice. The Program does not attempt to alter the treatment plans or therapeutic goals or recommendations of your personal physician. The Program and health coaches do NOT REPLACE ANY RELATIONSHIP THAT exists or should exist between you and a medical health care professional or mental health care professional. Always seek the advice of your personal health care provider regarding any questions or concerns you have about your specific health situation, possible or known pregnancy, food sensitivities or allergies, dietary restrictions, medications, or any other health concern. Please speak with your personal health care provider prior to implementing any suggestions from this Program.
Health coaches are not counselors or therapists and do not provide mental health treatment or therapy. If you have medical questions, contact your personal health care provider. If you experience a physical, psychological, or emotional emergency, please contact 911 or emergency services.
The Program and website content is health information and education and does not constitute the clinical practice of medicine or therapy. Nothing contained herein constitutes a diagnosis, treatment, or prescription. There is no physician-patient relationship formed.
The Program is provided “as is” and “as available” with no warranties whatsoever. We expressly disclaim liability for errors and omissions in the contents of this website. We do not warrant that this website will be free of viruses or other harmful components. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES OR PRODUCTS INCLUDED ON THIS WEBSITE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES OR PRODUCTS INCLUDED ON THIS WEBSITE.
The Company and its officers, directors, employees or agents, will not be liable to you for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, whether in contract, tort, or any other legal theory, arising out of your access to or use of the website or Program, including without limitation, loss of revenue or anticipated profits, loss of goodwill, bodily injury or death, property damage, loss of business, loss of data, computer failure or malfunction, or any other damages.
You agree to defend, indemnify, and hold harmless the Company and all of its directors, officers, employees and agents from and against all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) arising from (i) your lawful or unlawful use of and access to the website and the materials and information contained therein; (ii) your violation or breach of any of these Terms and Conditions or Terms of Use; or (iii) your violation of any third-party right, including copyright, patent, trademark, property or privacy right.
These Terms and Conditions, Disclaimer, and Privacy Policy (Terms of Use) set forth the entire understanding of the parties with regard to use of this website and Program and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of these Terms of Use. The waiver by the Company of a breach of any provision of this agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
Should any provision of these Terms of Use be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
These Terms of Use are governed by the laws of the state of Kansas, United States of America, without giving effect to any conflict of laws principles. By using this website, you consent to the jurisdiction and venue in the state and federal courts sitting in Sedgwick County, Kansas, United States of America.