Terms

TERMS OF USE

Last updated AUGUST 2018

The following terms outline the legal relationship between our company and your use of our sites. Please read carefully and refer back to these as needed and for updates.

VICTORY IN ACTION LLC (the “Company”, “We”, “Us”, “Our”) WELCOMES YOU TO www.victoryinaction.com (the “Site”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE, THAT COVER YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (the “AGREEMENT”).

Your access to and use of this website, as well as all related websites owned, hosted, or operated by VICTORY IN ACTION LLC, www.victoryinaction.com, www.deborahshowell.com, www.emotionalmusclefitness.com, www.inspiredmedicalwarrior.com, inspiredhealthcarewarrior.com, www.medicallifecoach.net, www.healthcarerebootcamp.com and any other site that we have owned or operated, do own and operate or may own or operate in the future including social media sites and the services and or goods provided there is subject to the following terms of use and all applicable laws.

BY ACCESSING, VIEWING, OR USING THIS SITE, AS WELL AS ALL RELATED WEBSITES OWNED, HOSTED, OR OPERATED BY THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.

USE OF SITE

This Site is provided solely for the use of current and future customers of the Company to provide you with information about the Company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this Site is prohibited. By way of example, you should not use any features of this Site that permit communications or postings to post, transmit, display, or otherwise communicate

i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;

iii. any encouragement of illegal activity;

iv. unauthorized use or disclosure of private, personally identifiable information of others; or

v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

 

SITE CONTENTS AND OWNERSHIP

The information contained on this Site, including all images, designs, photographs, writings, graphs, data, and other materials (the “Materials”) are the property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.

Company makes no claim in regard to its use of graphics; voice and sound recordings, artwork, photos, documents and or text that it may display that are properly licensed and attributed to others’ intellectual property rights. Company has made every reasonable effort to give proper attribution where required.

The Company may host discussion forums, message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this agreement may be removed from and denied continued or future access and waive your right for refund. Information and content shared, discussed, or posted are intended as educational and informational resources. The Company disclaims all responsibility and endorsement, makes no representation as to the accuracy or validity of any advice, opinion, information, or statement displayed on these forums, and is not responsible for any possible errors or omissions in such discussions, postings, or hyperlinks embedded in any message. You are not permitted to use this site to post or communicate any unlawful, threatening, abusive, defamatory, derogatory, pornographic, obscene, or profane information of any kind or engage in conduct that would violate or infringe upon the rights of others. You may not use any forum in a commercial manner. You may not post material that advertises or solicits goods and or services, or that solicits funds. You may not post or transmit any information that contains a virus or any other harmful components. You are not permitted to use this site to instigate, provoke, or encourage hurtful, illegal, or unlawful behaviors. Users are responsible and accountable for the content of their postings and messages. The Company reserves the right to edit or remove any part of or all content.

By accepting these terms, you agree to participate in responsible, respectful, and thoughtful communication and correspondence with the Company, other subscribers, and members.

By accepting these terms, you agree to provide truthful, current, accurate, and complete information about yourself when registering, subscribing, or purchasing any product or service. You agree to be financially responsible for all purchases made by you or someone acting on your behalf and acknowledge that your purchase of products or services are for legitimate, non-commercial purposes. You may not sell or distribute in any form or portion thereof any product or service you have purchased. If there are reasonable grounds to suspect violation of these terms, the Company has the right to suspend or terminate your account and deny continued access or deny future access to use product/s, service/s, or this site.

There may be certain features of the Site that will require a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of your account and password. You are responsible for all activities, whether by you or by others, that may occur with your account and password. You agree to notify us immediately of any unauthorized use of your password or account, or any other breach of security. Make sure that you exit, sign out, or log out from your account. The Company is not liable for any loss or damage arising from your failure to protect your password or account information.

We are glad to have you share our content, but you must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. You must provide accurate links back to the Company’s Materials if you want to display or distribute Company’s Materials.

Modification of the Company’s content and or materials provided for any other purpose is a violation of copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

INTELLECTUAL PROPERTY

The contents on our Site is protected by copyright and trademark laws. All trade names, trademarks, and images and biographical information of people used in the Company content and or materials contained in the Site, are either the property of, or used with permission by, the Company.                                                                                                                            

Emotional Muscle fitness®, Heart’s Alchemy Self-Mastery Intensive®, and Victory in Action® and logo image, are trademarked by Deborah Howell, and all information on the Site is copyrighted by Victory in Action LLC.

The use of Materials by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Materials may violate the copyright, trademark, and other proprietary rights of the Company and or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.

Nothing contained in this Agreement or in the Site shall be interpreted as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner.

The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

DISCLAIMER OF WARRANTY

You expressly agree that use of this Site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANT ABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

THIS SITE OFFERS INFORMATION AND EDUCATION THAT PERTAINS TO PERSONAL AND PROFESSIONAL DEVELOPMENT, HEALTH, WELLNESS, AND FITNESS. ANY INFORMATION STATED OR POSTED ON this SITE is NOT INTENDED as medical or legal advice or to diagnose, treat, cure, or prevent any medical or mental condition. It is NOT in any way intended as a substitute for medical or psychological counseling. The suggestions, ideas, and exercises shared have been helpful to SOME PEOPLE, but may not have the same benefit for you. You should consult with a licensed physician OR MEDICAL PROFESSIONAL for anything that relates to your overall health, which includes appropriate medical treatment or any anticipated/planned changes to your diet or exercise routine. your USE OF ANY INFORMATION PROVIDED ON THIS SITE IS DONE SO AT YOUR OWN RISK.

YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to

(i) your breach of this Agreement,

(ii) any violation by you of law or the rights of any third party,

(iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site,

(iv) your use of the Site or any services that the Company may provide via the Site, and

(v) your conduct in connection with the Site or the services or with other users of the Site or the services.

The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

PRIVACY POLICY

Click here to access the Company’s Privacy Policy governing the use of information that the Company obtains from you through your use of this website. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, the Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not maintained, controlled, or otherwise governed by the Company.

The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the Company.

Links do not imply that the Company or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.

Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. The Company reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Nevada, U.S.A., without reference to its conflict-of-law provisions. The Company makes no representation that the materials are appropriate or available for use outside the United States.

If you access this Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Clark County, Nevada for any disputes with the Company arising out of your use of this site.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this Site.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission.

When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.