Terms and Conditions

Our Terms and Conditions were last updated April 2023.

Please read these terms and conditions in full carefully before using the Website.

These Terms and Conditions apply to all visitors, users and others who use (hereinafter “Users”) the Ann P Messer Coaching website and its contents, accessible from annpmessercoaching.com (hereinafter the “Website”) which is managed by Annie P LLC, doing business as Ann P Messer Coaching (hereinafter the “Company”, “We”, “Us, and/or “Our”), and set out the rights and obligations of all Users regarding the Use of the Website.

By using, accessing, browsing, reading, following, clicking on, filling out forms, or doing other actions on or in (hereinafter “Use” and/or “Using”) this Website, You voluntarily agree that you have read, understood, and fully consent to these Terms and Conditions and voluntarily agree to be bound by these Terms and Conditions in full.

These Terms and Conditions, hereby incorporate Our Privacy Policy (collectively, hereinafter “Terms & Conditions”), and form the agreement between You and the Company regarding the use of the Website.

Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website. Privacy Policy

If You disagree with these Terms or any part of them, You must not Use the Website.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website. If you are under the age of 18, stop Using the Website now and do not Use the Website.

Legal Information Disclaimer

The Company does NOT provide legal services or legal advice. The content, information and material provided on this Website is provided as general information only and does not, and is not intended to, constitute legal advice on any matter, does not constitute legal service, lawyer advertising, or lawyer referral service, and no attorney-client or confidential relationship or privileged or protected communication is or will be formed by Use of this Website or by any follow-up communications after Use of this Website.

Use of the Website and any action or inaction taken by you is at your sole choice and risk. We cannot and do not guarantee or predict that you will achieve any particular result or outcome using this Website. You agree that you are solely responsible for the success or failure of your legal decisions and for any fluctuation in your legal situation.

Information on this Website may not reflect the most up-to-date legal developments or other information and may not address your situation. You should not act or refrain from action based on any content included in this Website.

You should not rely on this information as a substitute for, nor does it replace, professional legal advice, and you are advised to seek the advice of an attorney familiar with the laws of your jurisdiction for any and all legal needs.

Business, Fitness, Nutritional & Lifestyle Information Disclaimer

Use of the Website does NOT create a coaching, working, business, or any other professional or personal relationship of any kind between the Company and any other person.

The Company may offer business and/or career, health, fitness, nutritional and lifestyle information that is provided solely for general informational purposes. Use of this Website and any action or inaction taken by you is at your sole choice and risk. The Company cannot and does not guarantee or predict that you will achieve any particular result or outcome, including, but not limited to finances, earnings or income, business, career, legal situation, physical health, mental health, emotional health, life or lifestyle.

You agree that you are solely responsible for the success or failure of your personal, health, life, lifestyle, legal, financial, earnings, income level, business and/or career decisions and for any fluctuation in your personal, health, life, lifestyle, business, career, legal, earnings, finances, and income situation. Individual results may vary based on numerous factors, including without limitation, the individual’s health, beliefs, background, experience, education, skills, expertise, resources, effort, motivation, commitment, and actions taken.

Information on the Website may not reflect the most up-to-date developments or other information and may not address your situation. You should not act or refrain from action based on any content included in this Website. 

You should not rely on this information as a substitute for, nor does it replace, professional business or financial advice, and You are advised to seek professional accounting, tax, financial, business consulting, or other professional advice about your own situation.

You should not rely on this information as a substitute for, nor does it replace, professional medical advice, therapeutic advice, counseling, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning, stopping, or changing any health, nutrition, exercise, or lifestyle program.

FTC Affiliate Disclaimer

The disclosure is intended to fully comply with the Federal Trade Commission’s policy of the United States that requires the Company to be transparent about any and all affiliate relations the Company may have on the Service. You should assume that some of the links are “affiliate links”, a link with a special tracking code. This means that if You click on an affiliate link and purchase an item, the Company may receive an affiliate commission. This is a legitimate way to monetize and pay for the operation of the Service and the Company gladly reveals its affiliate relationships to You.

Fair Use Disclaimer

The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research. The Company believes this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the United States Copyright law.

Views Expressed & Testimonial Disclaimer

The Website may contain views, opinions and/or recommendations which are those of the individual authors and may not reflect the official policy or position of any other person, author, agency, organization, employer, or company, including the Company.

The testimonials and opinions expressed therein are real but are not a guarantee that you will obtain the same or a similar result. The opinions expressed and the results achieved may not be typical, and your opinions and results may vary significantly. This Website does not guarantee success or any particular outcome.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services; (ii) that the Service will meet any performance or reliability standards as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (iii) that the Service will be uninterrupted or error-free or that any errors or defects can or will be corrected; (iv) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (v) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Your Account

If and when You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your Right to Post Content

Our Service may allow You to post comments, photos, video, articles, or other content (hereinafter, “Content”). You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Website, You grant Us the right and license to use, modify, delete, publicly display, reproduce, and distribute such Content on and through the Website. You retain all of Your rights to any Content You submit, post or display on or through the Website and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms & Conditions, and (ii) the posting of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the Content of the Website Users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account and all liability and blame for any libel or litigation that results from Content you post.

You may not transmit any Content that is unlawful, discriminatory, offensive, upsetting, intended to disgust, threatening, false, libelous, defamatory, obscene or otherwise objectionable.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms & Conditions, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner or delete of any Content.

As the Company cannot control all Content posted by users and/or third parties on the Website, you agree to use the Website at your own risk. You understand that by using the Website You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content.

Promotions

Any Promotions made available through the Website may be governed by rules that are separate from these Terms & Conditions. If You participate in any promotions, please review the applicable rules. If the rules for a promotion conflict with these Terms & Conditions, the promotion rules will apply.

Your Feedback to Us

You assign all rights, title and interest in any feedback, ideas, innovations, suggestions (hereinafter “Feedback”) You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Intellectual Property and Reproduction Notice

All material contained on the Website are copyrighted and may not be reproduced, distributed, transmitted, or published without prior written approval. You may not delete any copyright notice.  You may use material from this Website for your own personal, non-commercial, and informational use. The limited permission to recopy does not allow you to modify or incorporate any portion of the contents in any work or publication. You may not recopy and share reproductions with third parties.

By using this Website, You agree not to infringe any copyright, trademark, trade secret or other intellectual property right without the prior written consent of the Company.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may limit or revoke the Use of the Website, terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms & Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven’t purchased anything through the Website.

To the maximum extent permitted by applicable law, You agree that in no event shall the Company or its members, managers, agents, officers employees, coaches, parent companies, contractors, affiliates, suppliers, successors, transferees, assigns, licensees or any other person or entity associated with Company, be liable in any way for any damages, including but not limited to, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, contract, personal injury or death, for loss of privacy arising out of or in any way related to or arising out of any decisions or choices made, action taken, refrain from action, or the Use, mis-Use, non-Use, or inability to Use the Service, materials, information or content, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms & Conditions), even if the Company or any of its members, managers, agents, officers employees, coaches, parent companies, contractors, affiliates, suppliers, successors, transferees, assigns, licensees or any other person or entity associated with Company, has been advised of the possibility of such loss or damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Dispute Resolution

By using the Website, you consent to these Terms & Conditions, even if you have not read these Terms & Conditions.

We will make every effort to work out disputes amicably. Please send any concerns to Annie P LLC at ann@annpmessercoaching.com to attempt to resolve any matter of concern to you.

However, if a dispute arises that we cannot solve in this way, by agreeing to these Terms & Conditions you agree that you will participate in binding arbitration before an arbitrator that we mutually agree too, and that any such arbitration will take place in Cook County, Illinois. You agree that the laws of the State of Illinois, USA shall govern these Terms & Conditions and Your use of this Website.

You further agree to a modification of the statute of limitations (the time in which you are required to bring the arbitration) and agree that any and all arbitration must be commenced within one year of the date of the alleged act, omission, or conduct, and that if arbitration is not commenced within that time, your right to address such act, omission, or conduct is forever waived and forfeited.

Some states do not allow such modification of the statute of limitations, and in these states the statute of limitations will be limited to the greatest extent permitted by law.

Severability and Waiver

You agree that the headings and titles contained in these Terms & Conditions have no particular meaning. If any provision of these Terms & Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms

We reserve the right, at Our sole discretion, to modify or replace these Terms & Conditions at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms & Conditions. If You do not agree to the new Terms & Conditions, in whole or in part, please stop using the Website.

Contact Us

If you have any questions You can contact Us by sending an email to ann@annpmessercoaching.com