Terms and Conditions

Our Programs, Products, and Services are owned and operated by Kathryn Baughman, LLC doing business as Blood Coach ("Company", "we", or "us"). The term "you" refers to any user of our Programs, Products and/or Services.

These Terms of Use ("Terms of Use") state how you may use our Programs, Products and Services, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.

By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

2. Use and Consent

By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer and Privacy Policy and any other terms and conditions that may apply. Accessing, purchasing or using our Programs, Products, Services in any manner constitutes use of the Program, Products, Services, and your agreement to be bound by these Terms of Use.

All of our Programs, Products, Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use.

3. Intellectual Property Rights

Our Limited License to You

Our Programs, Products, and Services and all materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, and graphics of our materials. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

Permitted Use

You are permitted to use our Programs, Products, Services and Materials as follows:

You may download and/or print materials for your own personal use. You may use materials as part of your personal health coaching journey. You may incorporate the information into your own health coaching practice, but you must create your own programs and materials.

Prohibited Use

You are not permitted to:

Share, sell, reprint or republish any materials for any purpose. Copy or steal our Programs, Products, Services, or any parts of them. Use, copy, adapt or represent any of our Programs, Products, Services in any way as if they are yours or created by you. Engage in improper and/or unauthorized use of our Programs, Products, Services.

4. Security

When you purchase our Programs, Products or Services, we may collect personal data including but not limited to your name, email address, phone number, billing information, health information, and other personally-identifying information ("Confidential Information").

We implement appropriate security measures to protect your information, including:

Encryption of digital records.

Secure storage of physical documents.

Access controls for staff

Regular security assessments

Employee training on privacy and security

5. Personal Responsibility and Assumption of Risk

As a client, you agree that you are using your own judgment in using our Programs, Products, Services and understand that you assume all risks related to your health decisions. You agree and understand that you assume all risks and no specific health outcomes are guaranteed in any way related to our Programs, Products, Services.

6. Medical Disclaimer

Our Programs, Products, Services, and Materials are intended for informational and educational purposes only. Nothing contained in our Programs, Products, Services, or Materials is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it intended to replace the advice of a physician or qualified healthcare provider.

You should not use the information provided through our services for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always consult with your healthcare provider before:

Starting any diet exercise or supplementation program

Taking any medication or supplements

If you have or suspect you might have a health problem, before making any changes to your existing medical treatment

7. Media Release

By participating in our Programs, Products, and Services, you grant us permission to:

Record, film, photograph, audiotape or videotape you and your participation. Include your name, likeness, image, voice, and participation in any materials we create. Use these materials for educational purposes, promotional materials, marketing communications, social media. content, website content, professional presentations.

You agree that:

All such recordings and materials become our sole property. We may edit, copy, distribute, or transmit these materials. You will receive no compensation for use of these materials. You waive any right to inspect or approve the finished product

You can revoke this permission for future materials by submitting a written request, but any existing materials may continue to be used.

8. Technology Disclaimer

While we strive to provide uninterrupted access to our digital services and content, we cannot guarantee continuous or error-free access.

Specifically:

Platform Availability& Our website, member portal, and digital materials may experience downtime for maintenance. Technical issues may temporarily affect access. Server capacity or internet connectivity issues may impact service. Updates and security patches may require temporary service interruption. Digital Content Access& Video sessions may experience quality variations. Downloaded materials may require specific software to access. Mobile device compatibility is not guaranteed for all features. Streaming content may buffer or lag based on your internet connection. Limitation of Liability. We are not responsible for lost data or interrupted sessions. Technical difficulties do not constitute grounds for refunds. Alternative access methods will be provided when possible. You are responsible for maintaining adequate internet connectivity.

9. Purchase and Online Commerce

Payment Processing

By purchasing our services, you authorize us to:

Charge your chosen payment method

Store your payment information securely

Process recurring payments if you've selected a subscription

Update stored payment information as provided

Payment Security & We use industry-standard encryption for transactions

Payment processing is handled by secure third-party providers

We do not store complete credit card information

You must provide accurate billing information

Pricing and Packages All prices are listed in USD. Prices may change with notice to existing clients. Package rates are locked in at time of purchase. Special offers cannot be combined unless specified.

Failed Payments: You have 3 days to update failed payments. Services may be suspended after failed payments. Reinstatement may require additional fees. Outstanding balances must be resolved.

10. Program Participation and Commitment

Communication Guidelines

If you have questions or concerns about your Programs, Products, Services, you may contact us at [insert contact email], and we will do our best to reply to your question or concern promptly.

Termination

We reserve the right to terminate service to any client who violates these Terms of Use or engages in behavior that we determine, in our sole discretion, to be inappropriate or harmful. This includes but is not limited to:

Dishonest or unethical behavior

Violation of laws or regulations

Actions that harm our reputation

Violation of others' rights

11. Payment and Refund Policy

Payment Terms

All payments must be made in full at the time of purchase unless otherwise specifically arranged in writing. We accept all major credit/debit cards.

Refund Policy

Due to the nature of our Programs, Products, and Services and the extensive time, effort, preparation and care that goes into creating and providing our Programs, Products, and Services, we do not offer refunds. We are committed to delivering high quality health coaching services, and you acknowledge that results from our Programs, Products, and Services depend on your participation, adherence to the program, and individual circumstances.

12. Enhanced Privacy Policy

Information Collection

We collect and store:

Contact information (name, email, phone)

Billing and payment details

Health goals and preferences

Program participation records

Communication history

Survey responses

Session notes

Progress tracking data

Information Use

We use your information to:

Deliver coaching services

Customize your program

Send relevant communications

Process payments

Improve our services

Track program effectiveness

Comply with legal requirements

Information Protection

We protect your data through:

Encrypted storage systems

Limited staff access

Secure communication channels

Regular security updates

Employee training

Data backup protocols

Incident response planning

Information Sharing

We may share your information with:

Service providers who help operate our business

Payment processors for transactions

Legal authorities if required

Professional advisors under confidentiality agreements

Your Privacy Rights

You have the right to:

Access your personal information

Request corrections to your data

Obtain copies of your records

Opt-out of marketing communications

Request data deletion where applicable

Know how your information is used

Data Retention & Active client data:

Duration of service plus 7 years

Inactive client data: 2 years from last contact.

Financial records: As required by law

Marketing contacts: Until opt-out received

Electronic Communications

By using our services, you consent to receive:

Program updates and materials

Scheduling confirmations

Payment receipts

Educational content

Newsletter communications

Service announcements

Third-Party Websites

We are not responsible for external website privacy practices. Links to other websites are provided for convenience only. Review third-party privacy policies before sharing information.

Children's Privacy

Our services are not intended for individuals under 18. We do not knowingly collect data from minors. Parents should supervise children's internet use.

Updates to Privacy Policy

Changes will be posted on our website. Material changes will be communicated via email. Continued use constitutes acceptance of changes.

13. Limitation of Liability

To the fullest extent permitted by law, Kathryn Baughman, LLC and Blood Coach shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Your use or inability to use our services, Any unauthorized access to or use of our servers and/or any personal information stored therein. Any interruption or cessation of transmission to or from our services. Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services.

14. Dispute Resolution

Any dispute arising from these Terms of Use shall be resolved through binding arbitration in the St. George, Utah Fifth District Court. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and shall take place in St. George Utah.

15. Changes to Terms

We reserve the right to modify these Terms of Use at any time. We will notify users of any material changes by:

Email notification

Notice on our website

Announcement during coaching sessions

16. Contact Information

For questions about these Terms of Use, please contact:

Kathryn Baughman, LLC

DBA: Blood Coach

Email: [email protected]

17. Severability

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

18. Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published by us, shall constitute the entire agreement between you and Kathryn Baughman, LLC regarding our Programs, Products, and Services.

Last Updated: 11/12/2024