Updated July 2019
By entering this Site (herein referred to as: michellefit.com / MichelleFit Dot Com, LLC. or COMPANY), purchasing, using our blog, e-mails, videos, social media, programs, products and/or services either digital, virtual, or person-direct, from or related to Michelle Herzog d/b/a MichelleFit.com MichelleFit Dot Com, L.L.C., you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use Site and its components – blog, e-mails, videos, social media, programs, products or services whether digital, virtual or person-direct via internet or phone, or anything you have purchased, received, or experienced through us or via our modalities (collectively “Website, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services”).
For Educational and Informational Purposes Only. The information provided in or through our Site, Programs, Products, affiliated Social Media sites (such as, but not limited to Facebook, Instagram, and YouTube), and all forms of Services is for educational and informational purposes only, and is made available to you as self-help tools for your own use. When serving in the Nutritional Consultant, and Lifestyle /Life Coach/Mindset Coach and/or Health and Wellness Coach capacity in a variety of in-person and online individual and group classes, events, educational products, seminars, coaching sessions, and/or trainings, you acknowledge that Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners are supporting you in such a role, exclusively as such, and in no other role.
Not Medical, Mental Health, or Religious Advice. The information provided in or through Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or allied health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy. Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners are not providing health care, medical or nutritional therapeutic services or attempting to diagnose, treat, prevent or cure in ANY manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. You agree and acknowledge that Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners are NOT providing medical advice, mental health advice, or religious advice in any way. COMPANY Site is not affiliated with any particular religious entity or belief.
Nature of Representation. When serving in Nutritional Therapist, Nutritional Consultant, Lifestyle and/or Life Coach, Mindset Coach, and general Health and Wellness Coach capacity, Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners are NOT, in any way, representing to be a Medical Provider (including doctor/physician, nurse, physician’s assistant or allied health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietician or licensed nutritionist, or member of the clergy. Rather, Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners serve as a trainer, educator, coach, mentor and guide that aims to help you reach your own health and lifestyle goals through implementing incremental, positive, healthy, sustainable lifestyle changes based on our (the COMPANY's) opinions and experiences.
Consult Your Physician or Health Care Provider. The intent of Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners is NOT to replace any relationship that exists, or should exist, between you and your Medical Provider or Mental Health Provider. Always seek the advice of your doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns you have about your specific health situation, including but not limited to physical or mental health issues such as possible or actual pregnancy, inflammatory joint conditions, prior or existing injury, chronic pain, diabetes, high blood pressure, heart or lung condition, or any medications you are currently taking. Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners advise you to speak with your own Medical Provider or Mental Health Provider before implementing any suggestions obtained through our Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services including but not limited to exercise, lifestyle, weight and fat loss, food, diet, vitamins or supplements; engaging in the elimination of certain foods, detoxing or cleansing; meditation, yoga or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program(s). Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Site or received either directly or indirectly from Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners.
Do NOT stop taking or adjust dosages of any medications without speaking to your Medical Provider and/or a qualified Mental Health Provider. If you have or suspect that you have a medical problem, contact your own qualified Medical Provider or Mental Health Provider promptly. Furthermore, you are strongly advised to consult with your personal Medical or Mental Healthcare Provider before making changes to your current program or habits, and before, during and/or after taking part in voluntary self-testing whether emotionally or physically based.
Your Full Disclosure to Us. You agree to fully disclose to Michelle Herzog, MichelleFit Dot Com, michellefit.com and its affiliates, associates, employees, or partners in writing any specific health situation and physical or mental health issues or diagnoses including but not limited to possible or actual pregnancy, inflammatory joint conditions, prior or existing injury, chronic pain, diabetes, high blood pressure, heart or lung condition, or any medications, herbs or supplements you are currently taking prior to the start of using any aspect of our Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services, whether provided by, or affiliated with, Michelle Herzog, MichelleFit Dot Com, michellefit.com and its affiliates, associates, employees, or partners.
Prior to individual or group consulting, an Intake Form is HIGHLY recommended and should be filled out by you, providing a means for such disclosure, and you agree that you shall provide necessary information truthfully and such information that identifies the individual (you) shall remain confidential. The Intake Form is NOT required; however, if you opt to submit one, you only need to provide information you are comfortable with. You are responsible for information not disclosed in said Intake Form. Furthermore, should you not obtain or receive said Intake Form prior to receiving consultation, information, education or otherwise, it is YOUR SOLE RESPONSIBILITY to communicate such to Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners and/or provide Full Disclosure prior to commencing with consulting, obtaining information, or receiving education.
Transmission of the filled out Intake Form as an email attachment via the internet is not always secure and its confidentiality cannot be guaranteed; therefore, you may request alternative delivery system that may improve this security, such as Google Drive delivery, or Dropbox (with or without a password). However, it is YOUR SOLE RESPONSIBILITY to request alternative delivery of your Intake Form, and YOU submitting the Intake Form via the traditional email attachment automatically denotes you accepting responsibility and assuming risk associated with any breach of e-mail security that may occur.
Not Evaluated by the FDA. The information contained on Site or provided through Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services has not been evaluated by the Food and Drug Administration.
Personal Responsibility. Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners aim to accurately represent the information provided by or through Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services. You are acknowledging that you are participating voluntarily in using Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services, and YOU ALONE ARE SOLELY AND PERSONALLY RESPONSIBLE FOR YOUR CHOICES, ACTIONS AND RESULTS. You acknowledge that YOU TAKE FULL RESPONSIBILITY for your health, life and well-being, as well as the health, lives and well-being of your family and minor children (where applicable), for and and all decisions now and in the future and in perpetuity.
No Guarantees. The role of Michelle Herzog, MichelleFit Dot Com, LLC., michellefit.com and its affiliates, associates, employees, or partners is to support and assist you in reaching your own health, fitness level, and lifestyle goals; however, your success depends primarily on your own effort, motivation, commitment and follow-through. Michelle Herzog, MichelleFit Dot Com, LLC., michellefit.com and its affiliates, associates, employees, or partners cannot and do not guarantee, in any way, implied or otherwise, that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s health and wellness success depends on his or her unique background, biochemical individuality, dedication, desire, environment, support, motivation and actions. As with any general health, healthy lifestyle or fitness-related advice, education, program, product or service, your results may vary, and will be based on many variables, including but not limited to, your physical body, body chemistry, biochemical individuality, individual experiences and environment, daily demands, energy expenditure, stage of life, individual capacity, life experience, unique health and genetic profile, starting point, range of motion, health status, expertise, and level of commitment.
Testimonials. Michelle Herzog, MichelleFit Dot Com, L.L.C., michellefit.com and its affiliates, associates, employees, or partners 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 real-life clients and results they personally achieved, as well as their personal experienced base on their own perception(s). Clients featured in testimonials have not been monetarily compensated in any way. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting 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 Site and the material contained within, as well as Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services provided through Site. Each of these unique stories, and any and all results and experiences reported in these stories by clients, are the culmination of numerous variables, some of which we cannot control.
LIVE STREAMING.If you participate in any live streaming activities with the COMPANY through third party providers, you are providing your consent for COMPANY to record and reuse the live streaming material in COMPANY'S sole discretion, including but not limited to, educational and marketing purposes, recorded videos (paid and unpaid), blog posts, and any other form of audio visual currently in operation (or yet to reach the market).
COMPANY in no way is obligated to compensate you for any portion of a comment, image, social proof, that you provide as part of your voluntary participation in live streaming platforms.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of the Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services, that cannot be foreseen that can influence or reduce results or experience. Michelle Herzog, MichelleFit Dot Com, LLC, michellefit.com and its affiliates, associates, employees, or partners are not responsible for your personal choices or actions before, during or after use of the Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services. You understand that any mention of any suggestion or recommendation on or through Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services is to be taken AT YOUR OWN RISK, with no liability on COMPANY part, recognizing that there is a rare chance that 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. Your use, or non-use, of this information is at your own risk, and you absolve Michelle Herzog, MichelleFit Dot Com, LLC, michellefit.com and its affiliates, associates, employees, or partners of any liability or loss that you, or your family or minor children (if applicable) or any other person, may incur from your or their use or non-use of the information provided.
No Liability. Michelle Herzog, MichelleFit Dot Com, LLC, michellefit.com and its affiliates, associates, employees, or partners do NOT assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents or otherwise, affiliated with Michelle Herzog, MichelleFit Dot Com, LLC, michellefit.com and its affiliates, associates, employees, or partners. COMPANY does not assume liability for any owners, staff, agents, or otherwise who is engaged in rendering our Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services. In the event that you use any information provided on or through Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services by COMPANY or affiliated with COMPANY, we assume no responsibility.
Every Effort. Although every effort is made to ensure the accuracy of information shared on or through the Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services, the information may inadvertently contain inaccuracies or typographical errors. COMPANY is not responsible for the views, opinions, or accuracy of facts referenced on or through Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services or those of any other individual or company affiliated with COMPANY in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of the internet, scientific research, and the field of health and wellness is constantly evolving, COMPANY cannot be held responsible for the accuracy of our content.
Release of Claims. COMPANY 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 Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services. In no event will COMPANY be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this Site, Programs, Products and Services, or on those affiliated with us in any way; including, without limitation, for accidents, delays, injuries, harm, loss, damage, or death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
No Warranties. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON, OR LINKED TO, THE SITE. 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, EDUCATIONAL MEDIUMS, PROGRAMS, PRODUCTS, SOCIAL SITES, PODCASTS, AND VIRTUAL, DIGITAL, OR PERSON-DIRECT CONSULTING SERVICES.
External Links. Reference or links in our Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do NOT constitute our formal endorsement. COMPANY is merely sharing information for your own self-help only. COMPANY is not responsible for the Site 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 Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services.
Implicit Agreement. By using our Site, Educational Mediums, Programs, Products, Social Sites, Podcasts, and Virtual, Digital, or Person-Direct Consulting Services you implicitly signify your agreement to all parts of the above Disclaimer.
IF YOU DO NOT AGREE WITH AND TO ALL OF THE DISCLAIMERS OUTLINED ABOVE, DISCONTINUE THE USE OF THIS SITE AND ITS CONTENT IMMEDIATELY.
Questions. If you have any questions about this Disclaimer, please contact at: support (@) michellefit.com
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