Website Disclaimer

WEBSITE DISCLAIMER

 

By using this website and/or blog, or making a purchase, user agrees as follows:

The information, services and products are sold or given to the user with the understanding that neither the author, seller, nor publisher is engaged in rendering any professional advice or services to the purchaser, or to the general public. The ideas, procedures, and suggestions contained within this work are not intended as a substitute for consulting with your physician. All matters regarding your health require medical supervision. The views and opinions expressed are those of the authors, and do not necessarily reflect the official policy or position of GARNER COACHING, LLC.  Any content provided by our guest speakers, bloggers or authors are of their opinion, and not the opinion of GARNER COACHING, LLC; and are not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied. GARNER COACHING, LLC makes no representations or warranties in relation to this website, or the information and materials provided on this website.  

 

Without prejudice to the generality of the foregoing paragraph, GARNER COACHING, LLC  does not warrant that:

 

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, professional advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

 

Limitations of liability

 

GARNER COACHING, LLC will not be liable or responsible for any loss or damage allegedly arising from any information or suggestions within this site. You, as a reader of this website, are totally and completely responsible for your own health and healthcare. (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS, SERVICES AND INFORMATION ON THIS WEBSITE AND/OR BLOG IS PROVIDED “AS IS”, AND WITH ALL INACCURACIES, AND GARNER COACHING, LLC MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, SERVICES AND INFORMATION, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS. SPECIFICALLY, GARNER COACHING, LLC DISCLAIMS ALL IMPLIED (IF ANY) WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCTS, SERVICES AND INFORMATION LIES WITH USER.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GARNER COACHING, LLC,  OR ITS VENDORS, SUPPLIERS, AGENTS, OR EMPLOYEES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF, OR IN ANY WAY RELATING TO THIS AGREEMENT OR USER’S USE OF, OR INABILITY TO USE THE PRODUCTS, SERVICES AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF GARNER COACHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF NECESSARY PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE, AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF GARNER COACHING, LLC, AND ANY OF ITS VENDORS, SUPPLIERS, AGENTS, OR EMPLOYEES UNDER ANY PROVISION OF THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE PRECEDING SHALL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THE PRECEDING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS FUNDAMENTAL PURPOSE.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit GARNER COACHING, LLC’s liability in respect of any:

 

  • death or personal injury caused by GARNER COACHING, LLC’s negligence;
  • fraud or fraudulent misrepresentation on the part of GARNER COACHING, LLC; or
  • matter, which it would be illegal or unlawful for GARNER COACHING, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited liability entity, GARNER COACHING, LLC has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against GARNER COACHING, LLC officers or employees in respect of any losses you suffer in connection with the website.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect GARNER COACHING, LLC employees, agents, subsidiaries, successors, assigns and sub-contractors as well as GARNER COACHING, LLC.

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Venue & Choice of Law

 

The terms of use shall be governed by the laws of the State of Florida.    

 

Mediation

 

It is the policy of the State of Florida to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to the use of this web site, which is not resolved through informal discussion, will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction.

 

Attorney’s Fees

 

The prevailing party in any legal proceeding related to this contract is entitled to recover reasonable attorney’s fees, and all costs of such proceeding incurred by the prevailing party. 

 

CONTACT US 

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: 

 

Business Mailing Address – 1611 S Utica Ave #150 Tulsa, OK 74104

Business phone – (833) 445-1348

Business email – Sean@entrefit.co

Business website – www.entrefitcoaching.com