TERMS OF SERVICE

Please read these terms of service carefully before using www.livingwithbianca.com (the“Website“). By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of my current or future services, you will also be subject to my guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control. 

The services of Living with Bianca LLC are provided by Bianca Kamhi, also referenced as “I” “We” “Our” or “Coach.”

Personal Advice:

Bianca Kamhi’s coaching does not replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Website. Your reliance on any information provided on through our coaching services is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through our services. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.

No Medical Advice:

Bianca Kamhi is not a medical doctor, physician or psychologist, and the scope of her consultation services does not include treatment or diagnosis of specific illnesses or disorders.  If you, the client, suspect you may have an ailment or illness that may require medical attention, then you are encouraged to consult with a licensed physician without delay.  Only a licensed physician can prescribe pharmaceutical treatment.  Any disclosure by client of pharmaceuticals, supplements, vitamins, or lifestyle routines in the course of your Coach’s programs is only for the purpose of providing such information is to have complete information about the client, and your Coach will not evaluate the appropriateness of such pharmaceuticals.  Any change in prescription or dosage is a decision the client makes with his or her physician.

Rather than dealing with treatment of disease, the services provided by Living with Bianca LLC are meant to focus on accountability, wellness and goal implementation through guidance.  As a Holistic Health and Accountability Coach, your Coach educates and motivates clients to assume more personal responsibility for their health by adopting a healthy attitude, lifestyle, and diet.

While people generally experience greater health and wellness as a result of embracing a healthier attitude, lifestyle, and diet, Living with Bianca LLC does not promise or guarantee protection from future illness or any future results.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE WEBSITE, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.

Disclaimer: 

By paying for and confirming service with Living with Bianca LLC, you acknowledge that you understand that your Coach is a health consultant and not a physician, and that you should see a doctor if you think you have a medical condition.  You hereby release, waive, acquit and forever discharge your Coach and Living with Bianca LLC and their respective agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages you may claim to have or that you may have arising out of acts or omissions by you or by your Coach as a result of the advice given by your Coach or otherwise resulting from the coaching relationship contemplated by this agreement. You further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to you. This agreement shall bind your heirs, executors, personal representatives, successors, assigns, and agents. 

Restrictions on Use of Website Content:

Our trademarks and service marks, along with our trade names, trade dress (the “Marks”) and designs and all other content found on www.livingwithbianca.com, including, but not limited to, articles, recipes, art, designs, graphics, text, postings, images, links, photographs, videos, information, and music (collectively, the “Site Content”) is our property and/or the property of its respective owners. Unless noted otherwise, you may access the Website for your personal and non-commercial use only. You will not acquire any ownership rights by downloading the Site Content. You may not use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Site Content, in whole or in part, without our prior written authorization and the authorization of all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained on the Website. Any unauthorized of the Site Content will terminate any permissions granted herein. Such unauthorized use may also violate Applicable Laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to the Marks or Site Content.

Third Party Sites:

The Website may contain links to other sites (“Third-Party Sites”) containing content, goods, services, and applications not owned by us. These Terms of Use apply only to our Website. We do not control, endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any content of Third-Party Sites. You release us from any and all liability, direct or indirect, and for any loss or damage in connection with your use of, or reliance on, any content of Third-Party Sites.

Warranties:

YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. THE WEBSITE AND SERVICES (AND ANY PORTION OF THE WEBSITE) ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAWS, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the Website, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Website and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Website or Third-Party Sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Website and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Website (including, without limitation any of the Services).

Limitation of Liability: 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

Indemnification:

You agree to indemnify and hold harmless Living with Bianca LLC, Bianca Kamhi and our respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your user content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the Website (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses.

Arbitration:

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York. All disputes related to these Terms of Use shall be submitted for resolution to the American Arbitration Association’s (“AAA”) New York, New York office. You hereby waive any rights to bring any civil action in any court regarding such disputes. The award rendered by the arbitrator shall be final, and judgment may be entered into it in accordance with the applicable law in the Circuit Court of New York, New York. If either you or we desire arbitration, that party agrees to serve written notice of the arbitration with the other party and the AAA’s New York, New York office.

Waiver of Jury Trial:

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, YOU HEREBY WAIVE THE RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS RELATING TO THESE TERMS OF USE, AND THE BREACH THEREOF WHETHER IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT.

Severability; Waiver; Modification:

If any provision of these Terms of Use is found unlawful, void or for any reason unenforceable, then said provision shall be severed from the remaining Terms of Use and shall not affect the validity or enforceability of the remaining provisions. Failures to timely exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein.

Injunction Relief

You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.

Questions:

If you have any questions, please do not hesitate to contact Bianca directly: livingwithbianca@gmail.com.