General

This website https://yaniquebell.com (the “Site”) is owned and operated by Live Love Be Evergreen LLC (“Company” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services (each a “Service,” collectively “Services”) available through the Site or from Company. You and Company each a Party, collectively, “Parties.”

Accessing the Site, in any manner (in example, any other mobile applications, websites, and social media platforms), whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service, whether as a guest or a registered user. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Limited License; Use of Services

Please read this agreement carefully before accessing or using any of the sites and/or services. By accessing or using the site and/or services, you agree to be bound by the Terms of Conditions set forth below (and our Privacy Policy), incorporated herein by reference. These Terms of Service affect your legal rights and obligations. If you do not wish to be bound by these Terms and Conditions do not access or use the Sites or Services and immediately cease such use.

The Services are offered and available to Users who are at least 18 years of age or older (“Users,” “Customers,” or “Company Users”). By using these Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

For Customers of Coaching Services: Your agreement to these Terms of Services constitutes your agreement to the Service License for Coaching Services. This Service License is linked on every purchase page and emailed to you.

For Customers of Programs and Other Products: Your agreement to these Terms of Services constitutes your agreement to the Service License for Programs and Courses. This Service License is linked on every purchase page and emailed to you.

Change of Terms of Use

Live Love Be Evergreen LLC may modify this agreement at any time, and such modifications shall be effective immediately upon notice, which may be accomplished by posting the modified agreement on the Site or via Email (for Users on the email list). Your use of any of the Sites and/or Services following such notice shall be deemed your acceptance of such changes. You agree to review the agreement periodically to be aware of such modifications and continued access or use of the Site and/or the Services shall be deemed your conclusive acceptance of the modified agreement. If we request, you irrevocably agree to sign a non-electronic version of this agreement.

Basic Terms and Rules of Conduct

1. You are responsible for making all arrangements necessary for You to have access to the Services and ensuring that all persons who access such through your internet connection are aware of these Terms of Use and comply with them.
2. To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Services that all the information you provide is correct, current, and complete. You agree that all information You provide to register with these Services or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and You consent to all actions We take with respect to your information consistent with our Privacy Policy.
3. Intellectual Property Rights: Our Limited License to You. Unless otherwise noted, the Services as a whole or in part, and all materials that are part of the Services, Courses, or other Products (defined below), including without limitation, the Company name, logos, processes, methods, teachings, principles/tenets, and other proprietary information (collectively, “Company Content”) are copyrights, trademarks, trade secrets, trade dress or other intellectual property owned, controlled, or licensed by Company or its subsidiaries and affiliates. You may only use Company Content for your personal, non-commercial use; any other use of the Company Content without Company’s express written consent is strictly prohibited. No right, title, or interest in any Company Content is granted or transferred to You as a result of your access or use. Unless otherwise noted herein, You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any part of the Services, including without limitation, the Company Content or Courses, or sharing material with others, posting excerpts of material on any social media, blogging about the material, or using such in any other way that would reasonably appear to share the Services or Service information with a non-member. In other words, you may not copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products, services, or Content obtained through the Sites or the Services. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Company reserves the right to immediately remove You from the Service, without refund, if Company determines You have violated this policy in its sole discretion. Further, unauthorized use of the Company Content is expressly prohibited by law, and may result in severe civil and criminal penalties.
4. Intellectual Property Rights: Your License to Us. We welcome your comments and feedback regarding our Services and Products (defined below). We do not, however, accept confidential or proprietary information. By posting or submitting any material (including, without limitation, comments and photos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The disclosure, submission, or offer of any Comments will constitute an assignment to Company of all worldwide rights, titles, and interests, and goodwill in the Comments without payment of any compensation. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or email address, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever. Thus, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to Company using Services or otherwise (collectively, “Comments”) are not confidential and will become and remain Company’s property.
5. Comments. Additionally, Comments submitted by You must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. Any user failing to comply with the terms and conditions of this Terms of Use may be expelled from and refused continued access to, the ability to post comments in the future. Company reserves the right to remove or alter any Comments for any reason, without prior notice. Notwithstanding the foregoing, Company does not have any obligation to prescreen, monitor, edit, or remove any Comments. If your Comments violate these Terms of Use, You may bear legal responsibility for such Comments. Information and content posted within these public forums may be provided by Live Love Be Evergreen staff, Live Love Be Evergreen’s outside contributors, or by Users not connected with Live Love Be Evergreen, some of whom may employ anonymous user names. Live Love Be Evergreen expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of Live Love Be Evergreen or any of its subsidiaries or affiliates. 
6. Live Love Be Evergreen LLC has no obligation whatsoever to monitor any of the content or postings on the comment section on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
7. You may not participate in any activity that is in violation of any federal, state, or local law.
8. You are responsible for any activity that occurs in the real world and through your account and You agree You will not sell, transfer, license or assign your account, followers, username, or any account rights. Company prohibits the creation of and You agree that You will not create an account for anyone other than yourself. You also represent that all information You provide(d) to or were provided by the Company upon registration and at all other times will be true, accurate, current, complete, and confidential, and You agree to update your information as necessary to maintain its truth, accuracy, and confidentiality.
9. You agree that You will not solicit, collect or use the login credentials or other confidential information of other Company Users.
10. You are responsible for keeping your password secret and secure.
11. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
12. You may not impersonate any person or entity, including without limitation, a Live Love Be Evergreen LLC official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity.
13. You may not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Live Love Be Evergreen LLC product or Service if you are not expressly authorized by such party to do so.
14. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Comments, including but not limited to, copyright laws.
15. You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Company.
16. You must not create or submit unwanted email, comments or other forms of commercial or harassing communications (a/k/a “spam”) to any Company Users.
17. You may not delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
18. You must not use domain names or web URLs in your username, if applicable, without prior written consent from Company.
19. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Company page is rendered or displayed in a user’s browser or device.
20. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
21. You may not manipulate or otherwise display the Sites and/or the Services by using framing or similar navigational technology.
22. You must not attempt to restrict another user from using or enjoying the Services and you must not encourage or facilitate violations of these Terms of Use or any other Company terms.
23. You may not use any Site or Service’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text).
24. You may not upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
25. You may not delete or revise any material posted by any other person or entity.
26. You may not share the Site’s password-protected content or the passwords to such content with any other party. 
27. You may not use the Sites and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Live Love Be Evergreen’s servers or networks, or interfere with any other user’s use and enjoyment of the Sites and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Sites, Services, accounts, computer systems or networks connected to Live Love Be Evergreen through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or the Services.
28. Violation of these Terms of Use may, in Company’s sole discretion, result in termination of your Company account. You understand and agree that Company cannot and will not be responsible for the Content posted on the Service and You use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Company, we can stop providing all or part of the Service to You.

Service and Product Specific Conditions

Accounts, Passwords, and Security

If any of the Sites or Services require you to open an account, you must complete the registration process by providing Live Love Be Evergreen with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to Live Love Be Evergreen which is untrue, inaccurate, not current or incomplete, Live Love Be Evergreen reserves the right to terminate this Agreement and your continued access and use of the Sites and/or the Services.

As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Live Love Be Evergreen immediately of any unauthorized use of your account or any other breach of security. Live Love Be Evergreen will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Live Love Be Evergreen or another party due to someone else using your account or password.

General Rights and Conditions

1. Some of the Services may be supported by advertising revenue and may display adver-tisements and promotions, and You hereby agree that Company may place such adver-tising and promotions in connection with the Service or on, about, or in conjunction with your Comments. The manner, mode and extent of such advertising and promotions are subject to change without specific notice, or compensation of any kind, to You.
2. You represent and warrant that: (i) You own the Comments posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Comments on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed by reason of Comments You post on or through the Service; and (iv) You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
3. Except as otherwise described in the Service’s Privacy Policy, as between You and Company, You acknowledge and agree that your relationship with Company is not a con-fidential, fiduciary, or other type of special relationship.
4. You can request deactivation of your Company account by emailing us at yanique@yaniquebell.com. If We terminate your access to the Service or You request that We deactivate your account, your photos, Comments, and all other data may no longer be accessible through your account.
5. Upon termination, unless subject to specific Course Licenses all licenses and other rights granted to You in these Terms of Use will immediately cease.
6. We reserve the right to refuse access to the Service to anyone for any reason at any time, without the obligation to assigning reason for doing so. Any Services, Courses, or products that required payment are offered subject to the Company’s acceptance of your order or requests. No order is deemed accepted by the Company until payment has been processed. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to You and subject to us fulfilling our previous responsibilities to You based on acceptance of your payment.
7. We reserve the right to force forfeiture of any username for any reason.
8. We may, but have no obligation to, remove, edit, block, and/or monitor Comments or accounts containing Comments that we determine in our sole discretion violates these Terms of Use.
9. If the User uses the Service through Company’s mobile application, User grants Company the right to use the processor, bandwidth, and storage hardware on User’s device in order to facilitate the operation of the Service.
10. You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that Company is not responsible or liable for the conduct of any User. Company reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

The Services may include links to other internet sites maintained by other Users or third parties (“Linked Sites”). Company provides Linked Sites to You solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Company of such Linked Sites. You access Linked Sites at your own risk and by accessing them, You may leave the Services. Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Sites.

Copyright Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Live Love Be Evergreen LLC infringe your copyright, you, or your agent may send to Live Love Be Evergreen a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Live Love Be Evergreen actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Live Love Be Evergreen a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyrightfor details.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

If a User believes that any content appearing on the Service infringes the User’s copy-right rights, Company wants to hear from the User. Please forward the following infor-mation in writing at the address listed below:

a) The User’s name, address, telephone number and e-mail address;   

b) A description of the copyrighted work(s) that the User claims has been infringed;   

c) The exact description of each place where alleged infringing material is located;   

d) A statement by the User that the User has a good faith belief that the disputed use has not been authorized by the User, its agent, or the law;   

e) The User’s electronic or physical signature or the electronic or physical signature of the person authorized to act on the User’s behalf; and   

f) A statement by the User made under penalty of perjury, that the information in the User’s notice is accurate, that the User is the copyright owner or authorized to act on the copyright owner’s behalf.

Please provide any feedback or claims of infringement to the following address: ATTN: Yanique Bell – Live Love Be Evergreen LLC, PO Box 1828, Montclair, NJ 07042 or via email at yanique@yaniquebell.com

Disclaimer of Warranties 

THE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPANY CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, YANIQUE BELL, NOR THEIR PARENT COMPANY, ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES (INCLUDING THE COURSES AND PRODUCTS); (B) THE COMPANY CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICES. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 

THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. 

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 

THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability

NEITHER LIVE LOVE BE EVERGREEN NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES, THE PRODUCTS, OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, (vii) USER CONTENT (IN-CLUDING COMMENTS), (viii) ANY ACTION TAKEN IN CONNECTION WITH AN INVES-TIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES RE-GARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE, (ix) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, (x) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION, (xi) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOOD-WILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE), or (x) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. 

IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE SERVICE OR OTH-ERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF SERVICE DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITA-TION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES. 

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” 

COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Professional Advice Disclaimer

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND LIVE LOVE BE EVERGREEN MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, WELLNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

Jurisdictional Issues and Territorial Restrictions

Live Love Be Evergreen makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. The information provided within or in connection with the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Live Love Be Evergreen reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services, or any portion of the Site or Services, to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Content, Service, program, or products that we provide.

These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.

Order Confirmation and Product Availability

Product, Service, or Course availability on our Website or via the Services is not guaranteed as it may be low or out of stock. We will email You to confirm the placement of your order and with details concerning Product or Service delivery. In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. You can always verify availability by emailing our Customer Services at yanique@yaniquebell.com.

Service and Product Information

The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor, display, or device and may not be accurate.

Sales Tax:

• DISCLAIMER: If applicable, taxes that appear in your online order confirmation are estimated. Because orders may be fulfilled from multiple locations across the U.S., the actual taxes charged to your credit card will be calculated based on the applicable state and local state taxes when your order is shipped. Since the taxation of online transactions is continually evolving, the terms contained herein are subject to change. The Company strives to comply with state and local tax laws as they currently exist and continues to monitor and update its taxation policies as those laws change.

Returns and Refunds. Unless otherwise stated, Products and Services are non-refundable.

Money Back Guarantees. Some Products have a Money Back Guarantee. In order to receive your money back, you must exemplify that you have attended the class(es) or call(s) and completed the assignment(s) (i.e. through journal entries). It is upon the Company’s discretion if your proof of completion is valid. If judged valid, a refund will be issued. This Money Back Guarantee is only applicable for the length of time (after the first payment) stated on each program’s sales page.

Coaching Services. Coaching Services do NOT have a Money Back Guarantee and are non-refundable. In certain cases, (i.e. family emergency, local disaster, financial struggle, etc.) you may pause your payments for a period of time, up to 3 months. If you choose to pause your payments, you will no longer have access to the Coaching Membership Site and all services will be suspended until you resume payment. Review the full Coaching Service License for more information.

For any questions on refunds, membership suspension, and other payment concerns, please email yanique@yaniquebell.com. 

Indemnification

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE AR-BITRATION.

You agree to indemnify, defend, and hold Live Love Be Evergreen and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Live Love Be Evergreen or post on any forums (e.g., support groups, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, (iii) your access or use of the Sites and/or the Services, (iv) your violation of any laws, rules, regula-tions, codes, statutes, ordinances or orders of any governmental and quasi-governmental author-ities, including, without limitation, all regulatory, administrative and legislative authorities, or (v) any misrepresentation made by You.

You will cooperate as fully required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not in any event settle any claim without the prior written consent of Company.

This Section shall survive in the event this Agreement is terminated for any reason.

Disputes

Our Customer Service specialists are ready to assist you and address your concerns: email yanique@yaniquebell.com. 

In the event that our customer service team is unable to resolve your concern, by using the Services, you unconditionally agree that all disputes between You and Company (whether or not such dispute involves a third party) with regard to your relationship with Company, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Company hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor Company will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Company is a party to the proceeding.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Com-pany must be filed within one (1) year after such claim arose; otherwise, your claim is perma-nently barred. This provision expressly survives the termination of your relationship with Company.

Governing Law & Venue

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made via the Website, including without limitation, purchase or subscription of products and Courses) using or relating to the Services, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the state of New Jersey, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the New Jersey AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Termination 

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Live Love Be Evergreen, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.

General Information

This Agreement constitutes the entire agreement and understanding between you and Live Love Be Evergreen LLC and governs your use of the Sites and the Services, superseding any prior agreements between you and Live Love Be Evergreen. This Agreement and the relationship between you and Live Love Be Evergreen shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The failure of Live Love Be Evergreen to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Live Love Be Evergreen LLC of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

The material on this web site is provided for educational purposes only, and is not to be used for medical advice, diagnosis or treatment. See additional information. Use of this site is subject to our terms of service.