Terms and conditions
GILLIAN BYERS / MINDFULLY ACTIVE –
DISCLAIMER FOR WEBSITES, PROGRAMS, SERVICES & PRODUCTS
By entering this website or purchasing or using our blog, e-mails, programs, services, and/or products, you are agreeing to accept all parts of this disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, programs, services, or products.
For Educational and Informational Purposes Only. The information contained in our website, blog, guest blogs, e-mails, programs, services and/or products is for educational and informational purposes only, and is made available to you as self-help tools for your own use. While I draw on my prior professional expertise and background as a personal trainer, you acknowledge that I am supporting you in my role exclusively as a personal trainer only. I provide information concerning, but not limited to, the maximizing of human health and optimizing wellness.
Not Medical Advice. The information contained in this website or provided through our blog, e-mails, programs, services or products is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your physician, therapist, nutritionist, or any other health care provider. My team and I are not medical health practitioners or mental health providers, and we are not holding ourselves out to be in any capacity. Rather, we serve as trainers, coaches, mentors and guides who help you reach your own health and wellness goals.
Consult Your Physician or Health Care Provider. Our intent is NOT to replace any relationship that exists, or should exist, between you and your medical doctor or other health care professional. Always seek the advice of your physician or another qualified health care professional regarding any questions or concerns you have about your specific health situation, possible or actual pregnancy, known or suspected food sensitivities or allergies, dietary restrictions, or any medications you are currently taking. We advise you to speak with your own physician before implementing any suggestions from our website, blog, e-mails, programs, services and/or products about lifestyle, diet, or exercise, including but not limited to before taking any medication or nutritional or herbal supplement; performing deep breathing exercises; or participating in any other aspect of a food, exercise or lifestyle program. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. Do not stop taking any medications without speaking to your physician or health care professional. If you have or suspect that you have a medical problem, contact your health care provider promptly.
Not Evaluated by the FDA. The information contained on this website or provided through our blog, e-mails, programs, services, or products has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease, or to be considered medical or psychological advice.
Personal Responsibility. We aim to accurately represent the information provided on our website, blog, e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results. You assume full responsibility for engaging in any form of exercise and using proper form, and you agree to take every effort to perform each exercise properly and making adjustments when recommended. Whether in person, online, via video, audio or otherwise, you agree to engage in warm ups, exercises, and cool downs as advised. You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), and all decisions now or in the future. If you are experiencing pain, lightheadedness, cramping, injury, dizziness, loss of breath, or any other health problem, you acknowledge that you will inform me of your condition and stop the exercise immediately.
No Guarantees. Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular result, and you accept the risk that results differ by each individual. Each individual’s health, fitness, and nutrition success depends on his or her background, dedication, desire, and motivation. As with any exercise-related program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique health and genetic profile, starting point, expertise, and level of commitment.
Client Stories. We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, service, and/or product capabilities, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our programs, services, and/or products. Each of these unique stories, and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which we cannot control.
Assumption of Risk. There are sometimes unknown individual risks and circumstances that can arise during use of our programs, services and/or products that cannot be foreseen that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after any of our programs, services and/or products. You understand that any mention of any exercise, food, suggestion, or recommendation is to be taken at your own risk, with no liability on our part. You accept full responsibility and consequences for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, or your family or children (if applicable) or any other person, may incur from your or their use or non-use of the information provided.
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering service or carrying out arrangements, tours, personal training, exercise, coaching, or educational sessions in any location, including but not limited to, any health food store, grocery store, yoga, martial arts or fitness studio, cooking class, private home, restaurant, or company/business, in person or online. In the event that you use the information provided through our website, blog, e-mails, programs, services, and/or products live, online, or through any other method of communication, we assume no responsibility.
Although every effort is made to ensure the accuracy of published or recorded information on or through our website, blog, e-mails, programs, services and products, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in our website, blog, e-mails, programs, services, and products. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research and exercise science is constantly evolving, we cannot be held responsible for the accuracy of our content.
Release of Claims. We will not be held responsible in any way for the information that you request or receive through or on our website, blog, e-mails, programs, services and/or products. In no event will we be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this website or blog, e-mails, programs, services, and/or products, including, without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.
External Links. Reference or links in this website, blog, e-mails, programs, services or products to any other business or entity’s information, opinions, advice, programs, services, or products do not constitute our endorsement or recommendation. We are not responsible for the contents of any off-site web pages, companies or persons linked or referenced in this site.
By using this website, blog, e-mails, or any of our programs, services, or products, you implicitly signify your agreement to all parts of the above disclaimer. By signing our waiver or client agreement, you also implicitly agree to all parts of this disclaimer.
GILLIAN BYERS / MINDFULLY ACTIVE –
At Mindfully Active we want you to be clear on how we use your data. Mindfully Active will never sell, rent or trade your e-mail for marketing purposes. You’ll find information below on how we collect and use your personal information.
When you sign up for any newsletters or give information to purchase services or products from Mindfully Active that information is used to keep in touch, send information and products, and contact you if we need to obtain or give you any further information as well as to check our records and see if you are happy and satisfied.
We don’t rent, trade or sell this list to any other organization or business.
You are entitled to view, amend or delete any personal information that Mindfully Active holds. E-mail your request to Gillian Byers at Gillian@mindfullyactive.com.