Term Conditions

Use and Consent

Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using healthcoachpempi.com or healthcoachpempi.practicebetter.io (hereinafter “we,” “our,” “us”). You, as a visitor and/or user of our website, agree to these Terms and Conditions, and your access and/or use of our website, products, and/or services or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.

This website and any products and/or services offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.

Legal and Financial Disclaimer

You understand and agree that this website and our products, programs, and services are intended to provide information and education. The information provided is not medical or mental health advice. 

You should consult with your primary care physician who understands your particular health situation so that you can take the right steps for you and your wellbeing.

Earnings Disclaimer

You understand and agree that this website and our products, programs, and services are intended to provide information and education to assist you in attaining your goals.

You understand and agree that your success depends entirely on your personal development experience, motivation, and individual capacity. There are no guarantees of any kind as to your health outcomes.

No Warranty or Liability

The information provided on healthcoachpempi.com and healthcoachpempi.practicebetter.io is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete.

You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or services purchased therefrom or via materials requested through email.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com, AND healthcoachpempi.practicebetter.io ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.

YOU AGREE THAT Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com , AND healthcoachpempi.practicebetter.io ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU INCLUDING, BUT NOT LIMITED TO NEGATIVE HEALTH OUTCOMES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.

Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com , AND healthcoachpempi.practicebetter.io CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100.00 (USD).

We expressly exclude any liability to the fullest extent of the law.

By using our website and its content or purchasing a service and/or product from our website or requesting materials via email, you agree to this limitation of liability and release Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com, AND healthcoachpempi.practicebetter.io from any and all claims.

Disparagement 

Both parties agree that neither will engage in any conduct or communication, public or private, designed to disparage the other. This includes but is not limited to social media.

Indemnification

You agree at all times to defend, hold harmless, and indemnify Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com, AND healthcoachpempi.practicebetter.io  and any affiliates, agents, or other party associated with Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com, AND healthcoachpempi.practicebetter.io  from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website.

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.

Intellectual Property Protection and Personal Use

The materials contained on our website, including, but not limited to, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com, AND healthcoachpempi.practicebetter.io  and are protected by United States intellectual property rights.

Stephanie Ortiz (Pempi) grants you a single non-transferable license to download, view, copy, and/or print any products you purchase from Stephanie Ortiz (Pempi), Health Coach Pempi,  healthcoachpempi.com, AND healthcoachpempi.practicebetter.io or materials requested via email solely for your personal and non-commercial use. You may not share the cost or contents of any product or the product itself with any third party. If you are found to have unlawfully shared any of the above information with a third party, you will be charged a secondary enrollment fee of $6,000 USD to your account.

You may not share your login credentials for healthcoachpempi.practicebetter.io or any E-course from healthcoachpempi.com or Stephanie Ortiz (Pempi) with any third party for any reason. You may not sell or transfer your access to healthcoachpempi.practicebetter.io, healthcoachpempi.com, or any of the content and/or materials contained therein to any third party.

Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from healthcoachpempi.com and healthcoachpempi.practicebetter.io obtained therefrom.

You agree that you will not use the contents of and materials in any products and/or e-courses you purchase from Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io to create a competing product.

Any other use of the materials in Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io any product you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.

You agree that you will not use our website, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.

Your License to Us

When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.

You retain the right to remove your User Content at any time, except for the Wellness My Way’s minimum subscription of three months.

If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.

User Limitations

You agree that you will not post, transmit, upload, or otherwise make available any User Content that is harmful, threatening, defamatory, unlawful, abusive, harassing, obscene, vulgar, hateful, or otherwise objectionable.

You agree to use this website and our products, programs, and services for lawful purposes only.

Testimonials

Our website may feature testimonials. They are examples from past clients. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.

No Formal Endorsements

Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.

You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your wellbeing.

You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Affiliate Disclosure

We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.

You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Affiliate Notice

Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io is an affiliate of multiple third-party organizations and will provide a link from time to time to their products. You won’t pay a penny more, but Stephanie Ortiz (Pempi) and healthcoachpempi.com will receive a small commission that helps sustain our small business efforts.

Third-Party Links

From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by healthcoachpempi.com or healthcoachpempi.practicebetter.io. If you use those links, you leave our website.

You agree that Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io are not responsible for the content, and availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.

By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io  are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.

By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from healthcoachpempi.com or healthcoachpempi.practicebetter.io’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.

Payments

You have the right to pay for any Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io product or service in full, including all e-learning courses, website templates, or online business resources. If you choose to pay using a payment plan provided by Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io  using Stripe as a third-party payment option, you agree to pay each payment on time and in the full amount.

Payment Policies

All Health Coach Pempi programs have a minimum three months subscription. Payment Plan is either paid in full of PRICE USD or monthly payments of PRICE USD.  Cancellation can be done by emailing [email protected] and not in the Better portal. Notification of cancellation must be given in writing via email 30 calendar days prior to desired date of cancellation, but only after the required three month minimum subscription. When a purchaser cancels, they will receive access to the Better modules until their payment cycle is completed, and the purchaser will be removed immediately from the group chat.

Should payment fail the purchaser is given three calendar days to update the payment method within the Better platform. If payment is not able to be made, the purchaser will be removed from all products and services platforms. 

Chargebacks are not tolerated. 

Payments are made through Healthcoachpempi.com, Better, and Stripe, and if a payment fails, it will be tried again three times with the payment method provided. If the payment has still not processed after the three attempts, and is more than 30 days late, all remaining payments will be differed to a collections agency of our choosing to gather all remaining payments. Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io  is not responsible for overdraft fees, late payment fees for your bank, or any other financial setback caused by your inability to pay your payment on time. If you’re unable to commit to the entire payment plan, this product and investment is not for you. If a payment is not fulfilled, you will be immediately removed from Better product or membership created by Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io. If this happens, and you pay the payment and want to resume your enrollment, please contact our team at [email protected]

You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.

All of the personal information that you provide as part of the purchase process for any product or service on our website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.

Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.

You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.

Refund

Due to the extensive time and effort that goes into the product(s) and/or program(s), there is no refund policy whatsoever for any and all of the Stephanie Ortiz (Pempi), Health Coach Pempi, healthcoachpempi.com, AND healthcoachpempi.practicebetter.io products or services.

No refunds will be granted regardless of modules you have or have not consumed, calls you have or have not attended, or any and all other resources or materials you have or have not consumed. No refunds will be given at any time regardless of start date or client involvement in the program.

We do not tolerate or accept any type of chargeback from your credit card company. Failed payments or chargebacks will be sent to a collections agency. 

You do not reserve the right to cancel payment or involvement in the program before, during, or after the start date. 

Chargebacks or payments disputes of any kind will not be tolerated. You will immediately be sent to collections & removed permanently from all program materials. 

Termination

We reserve the right to terminate your access to our website, modules, resources, or other forms of contact in full or in part, at any time for any reason. You are responsible for payment if you choose to terminate. 

Dispute Resolution and Jurisdiction

These Terms and Conditions shall be governed and construed according to the laws of the Commonwealth of Puerto Rico without regard to conflict of laws principles. The nearest state and federal court to Mayagüez, Puerto Rico shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email.

By using our website or its content, or products and/or services purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non convenient.

In the event that Health Coach Pempi must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.

Severability

If any provision of these Terms and Conditions shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.

Modification of Terms and Conditions

We may change, modify, or update these Terms and Conditions at any time and will notify you of any such changes by a prominent notice displayed on our website at least 10 days prior to implementing the change. We recommend that you check the Terms and Conditions when you visit our website to be sure that you are aware of our most current policies.

By continuing to use this website, you agree to be bound by the most updated version of these Terms and Conditions, whether you have read them or have had the opportunity to read them and have chosen not to.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS AND CONDITIONS, PLEASE CONTACT: [email protected]

These Terms and Conditions are fully effective as of August 2022.