Terms and Conditions

TERMS AND CONDITIONS

Part 1 - Acceptance of These Terms

1.1 Agreement to Terms and Conditions

By accessing, browsing, or using the website theeducatedpatients.teachable.com (the "Website"), owned and operated by Live Well and Prosper PLLC ("Live Well and Prosper," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, please do not use the Website.

1.2 Changes to the Terms

Live Well and Prosper reserves the right, at its sole discretion, to modify, add, or remove any portion of these Terms, in whole or in part, at any time. Please check the Terms periodically for changes. Your continued use of the Website after any changes have been made constitutes acceptance of those changes.

1.3 Eligibility

By using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are under the age of 18 or do not have the legal capacity to enter into these Terms, you must obtain the consent of a parent or guardian before using the Website. Live Well and Prosper reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

1.4 Scope of Use

These Terms govern your use of the Website, and any products, services, or content made available through the Website (collectively, the "Services"). Additional terms and conditions may apply to specific portions or features of the Website or Services. If there is a conflict between these Terms and the terms posted for a specific portion or feature of the Website, the latter terms shall control with respect to your use of that portion or feature.

1.5 Privacy Policy

Your use of the Website and Services is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Website, you acknowledge that you have read and understood the Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein.

1.6 Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Live Well and Prosper, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Part 2 - License to Use Website

2.1 Grant of License

Subject to your compliance with these Terms, Live Well and Prosper grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its content for your personal, non-commercial use, solely for the purpose of educating yourself and others about how to take control of your health. This license does not include any resale or commercial use of the Website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.

2.2 Restrictions

You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You shall not:

(a) copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website or its content;

(b) use the Website or its content for any commercial purpose, without the prior written consent of Live Well and Prosper;

(c) use the Website or its content to solicit others to join or become members of any other commercial online service or organization;

(d) interfere with, disrupt, or damage the Website, its servers, or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

(e) attempt to gain unauthorized access to any portion of the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means;

(f) use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission;

(g) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or

(h) remove, obscure, or modify any copyright, trademark, or other proprietary rights notices from the Website or its content.

2.3 Termination

Live Well and Prosper reserves the right, in its sole discretion, to terminate your access to the Website and the related Services, or any portion thereof, at any time, without notice. Upon termination, all rights granted to you under these Terms shall cease.

Part 3 - Acceptable Use Policy

This Acceptable Use Policy applies to your use of the Website and its Services while in the state of Michigan, as well as any other applicable jurisdictions. By accessing and using the Website and its Services, you agree to comply with this Acceptable Use Policy.

3.1 Prohibited Conduct

You must not use the Website or its Services in any way that:

(a) violates any applicable federal, state, or local laws, regulations, or rules, including but not limited to those governing online conduct and acceptable content;

(b) is fraudulent, false, misleading, or deceptive;

(d) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

(e) is violent or threatening or promotes violence or actions that are threatening to any person or entity;

(f) promotes illegal or harmful activities or substances;

(g) infringes upon the rights of any third party, including but not limited to intellectual property rights, privacy rights, or rights of publicity;

(h) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or

(i) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity.

3.2 Monitoring and Enforcement

Live Well and Prosper reserves the right, but has no obligation, to:

(a) monitor, review, or edit any content posted by users on the Website;

(b) take appropriate legal action against anyone who violates this Acceptable Use Policy, including, without limitation, reporting you to law enforcement authorities;

(d) take any action with respect to any content that we deem necessary or appropriate, in our sole discretion, if we believe that such content violates this Acceptable Use Policy, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public, or could create liability for Live Well and Prosper; and

(e) disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

3.3 Your Responsibility

You are solely responsible for your conduct while using the Website and its Services and for any consequences thereof. You agree to indemnify and hold harmless Live Well and Prosper and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website and its Services, or your violation of this Acceptable Use Policy.

3.4 Modifications

Live Well and Prosper may revise this Acceptable Use Policy at any time by updating this posting. Your continued use of the Website and its Services following the posting of any changes constitutes acceptance of those changes.

Part 4 - International Use and Compliance

4.1 International Use

The Website and its Services are controlled and operated by Live Well and Prosper from the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

4.2 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of the Website and its Services. Without limiting the foregoing, you shall not use the Website or its Services in any manner that would violate any applicable export control laws, economic sanctions, or trade embargoes imposed by the United States or any other applicable jurisdiction. You further agree not to access or use the Website or its Services if you are located in any country that is subject to U.S. government sanctions or if you are listed on any U.S. government list of prohibited or restricted persons.

4.3 Jurisdiction-Specific Terms

Certain features, products, or services offered through the Website may be subject to additional terms and conditions specific to certain countries, regions, or jurisdictions. In the event of any conflict between these Terms and any jurisdiction-specific terms, the latter shall prevail with respect to your use of the relevant features, products, or services in that jurisdiction.

4.4 Indemnification

You agree to indemnify and hold harmless Live Well and Prosper and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website and its Services from outside the United States, or your violation of any applicable laws or regulations.

4.5 Changes to International Use and Compliance Terms

Live Well and Prosper may revise this International Use and Compliance section at any time by updating this posting. Your continued use of the Website and its Services following the posting of any changes constitutes acceptance of those changes.

Part 5 - Minors

5.1 Age Restrictions

The Website and its Services are not intended for individuals under the age of 18. If you are under the age of 18, you may only use the Website and its Services under the supervision and with the consent of a parent or legal guardian.

5.2 Parental Responsibility

Parents and legal guardians are responsible for supervising and monitoring the access and use of the Website and its Services by their minor children. By permitting your child to use the Website and its Services, you agree to these Terms on behalf of both yourself and your child. You are responsible for any and all account activity and content posted by your minor child.

5.3 Parental Control Tools

We encourage parents and legal guardians to use available parental control tools to help ensure that minors only access content that is appropriate for them. These tools can also prevent minors from disclosing personal information without parental consent.

5.4 Reporting Violations

If you become aware of any unauthorized use of the Website or its Services by a minor, please contact us immediately at [insert contact email]. We will take appropriate action to address any such unauthorized use.

5.5 Removal of Content

If a parent or legal guardian becomes aware that their minor child has provided personal information or content to the Website without their consent, they should contact us at [insert contact email]. We will make reasonable efforts to remove such information or content upon request.

Part 6 - User Content

6.1 User-Generated Content

The Website and its Services may allow you to post, submit, or share content, including but not limited to text, images, video, audio, or other materials (collectively, "User Content"), on various social media platforms. By submitting or sharing User Content, you represent and warrant that you have the necessary rights and permissions to post, submit, or share such content and that the content complies with these Terms and any applicable laws and regulations.

6.2 License Grant

By submitting or sharing User Content on or through the Website, you grant Live Well and Prosper a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Website, its Services, and Live Well and Prosper's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Website and its Services (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Website and its Services a non-exclusive license to access your User Content through the Website and its Services and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Website and its Services and under these Terms.

6.3 User Content Responsibility

You are solely responsible for the User Content you post, submit, or share and for any consequences thereof. Live Well and Prosper does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted on or through the Website and its Services. You understand that by using the Website and its Services, you may be exposed to User Content that might be offensive, harmful, inaccurate, or otherwise inappropriate, and you agree that Live Well and Prosper shall not be liable for any damages you allege to incur as a result of such User Content.

6.4 User Content Monitoring

Live Well and Prosper has no obligation to pre-screen, monitor, or edit User Content posted on or through the Website and its Services. However, Live Well and Prosper reserves the right, in its sole discretion, to remove, edit, or refuse to post any User Content, in whole or in part, that violates these Terms, any applicable laws or regulations, or for any other reason without notice.

6.5 User Content Retention and Deletion

Live Well and Prosper may retain your User Content for as long as necessary to fulfill the purposes outlined in these Terms and any applicable laws or regulations. Upon termination of your account or deletion of User Content by you or Live Well and Prosper, your User Content may be removed from the Website and its Services. However, you acknowledge that copies of your User Content may continue to exist in archived or backup form and may remain accessible to other users if it has been shared or distributed by you or others.

6.6 Feedback

If you provide Live Well and Prosper with any feedback, suggestions, or comments regarding the Website and its Services, you grant Live Well and Prosper a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit such feedback, suggestions, or comments in connection with the development, marketing, and improvement of the Website, its Services, and any other products or services offered by Live Well and Prosper or its affiliates.

Part 7 - Enforcement of Acceptable Use Policy

7.1 Monitoring and Investigation

Live Well and Prosper reserves the right, but has no obligation, to monitor, investigate, and review any User Content and use of the Website and its Services for compliance with these Terms and any applicable laws and regulations. Live Well and Prosper may, in its sole discretion, report any actual or suspected violations of law to law enforcement authorities and cooperate with them in any investigation or prosecution.

7.2 Actions in Response to Violations

If Live Well and Prosper becomes aware of any User Content or conduct that violates these Terms or any applicable laws and regulations, Live Well and Prosper may take any action it deems appropriate, in its sole discretion, including but not limited to:

(a) issuing a warning;

(b) suspending or terminating your access to the Website and its Services;

(d) reporting the violation to law enforcement authorities;

(e) taking legal action against you;

(f) disclosing your identity to any third party who claims that your User Content or conduct violates their rights, including their intellectual property rights or their right to privacy; or

(g) any other action deemed necessary or appropriate to address the violation.

7.3 No Liability for User Content and Conduct

Live Well and Prosper assumes no liability for any action or inaction regarding transmissions, communications, or content provided by users or third parties. Live Well and Prosper has no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.

7.4 Indemnification for Violations

You agree to indemnify and hold harmless Live Well and Prosper and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website and its Services, your violation of these Terms, your violation of any applicable laws or regulations, or your User Content.

Part 8 - Third-Party Resources

8.1 Links to Third-Party Websites and Services

The Website and its Services may contain links to third-party websites, services, or resources that are not owned or controlled by Live Well and Prosper. Such links are provided for your convenience and reference only. Live Well and Prosper does not endorse, sponsor, or accept any responsibility for the content, products, services, policies, or practices of any third-party websites, services, or resources.

8.2 No Liability for Third-Party Resources

Live Well and Prosper has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites, services, or resources. You acknowledge and agree that Live Well and Prosper 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 your use of or reliance on any such content, products, services, or resources available on or through any third-party websites, services, or resources.

8.3 Your Responsibility

If you decide to access or use any third-party websites, services, or resources linked to or from the Website, you do so entirely at your own risk and subject to the terms and conditions and privacy policies of such third-party websites, services, or resources. It is your responsibility to review the terms and conditions and privacy policies of any third-party websites, services, or resources before using them.

8.4 Indemnification

You agree to indemnify and hold harmless Live Well and Prosper and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of any third-party websites, services, or resources linked to or from the Website.

Part 9 - Modification of Site

9.1 Site Updates and Changes

Live Well and Prosper reserves the right, at any time and in its sole discretion, to update, modify, suspend, or discontinue the Website and its Services, or any part thereof, with or without notice. This includes, but is not limited to, adding, removing, or modifying content, features, products, or services, as well as adjusting or updating pricing, hours of availability, and equipment required for access or use. You agree that Live Well and Prosper shall not be liable to you or any third party for any such updates, modifications, suspensions, or discontinuations.

9.2 No Obligation to Maintain Site

Live Well and Prosper has no obligation to maintain or update the Website and its Services or to continue providing or enabling any particular features, functionality, or content. Live Well and Prosper may remove or modify any content, features, products, or services at any time, in its sole discretion, without notice or liability.

9.3 Your Responsibility

It is your responsibility to check these Terms periodically for any updates or changes. Your continued use of the Website and its Services following the posting of any updates or changes constitutes acceptance of those updates or changes. If any update or change is not acceptable to you, your sole remedy is to cease accessing and using the Website and its Services.

Part 10 - Privacy

10.1 Privacy Policy

Your access to and use of the Website and its Services are subject to Live Well and Prosper's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy provides information about how Live Well and Prosper collects, uses, and discloses your personal information when you use the Website and its Services. By accessing and using the Website and its Services, you acknowledge that you have read, understood, and agree to be bound by the terms of the Privacy Policy.

10.2 Consent to Data Processing

By using the Website and its Services, you consent to the collection, processing, storage, and transfer of your personal information as described in the Privacy Policy, including the transfer of your personal information to and from the United States and other countries where Live Well and Prosper or its service providers operate.

10.3 Data Security

Live Well and Prosper takes reasonable measures to protect the security of your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while Live Well and Prosper strives to protect your personal information, it cannot guarantee its absolute security.

10.4 User Responsibility

You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to notify Live Well and Prosper immediately of any unauthorized use of your account or any other breach of security. Live Well and Prosper will not be liable for any loss or damage arising from your failure to properly safeguard your account information.

Part 11 - Live Well and Prosper PLLC Rights and Ownership

11.1 Intellectual Property Rights

All content, features, products, services, and functionality on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video, data, software, and designs, as well as the compilation, arrangement, and organization of such content, are the exclusive property of Live Well and Prosper or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

11.2 Trademarks

Live Well and Prosper, the Live Well and Prosper logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Live Well and Prosper or its affiliates or licensors. You must not use such marks without the prior written permission of Live Well and Prosper. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

11.3 License Limitations

Except as expressly authorized under these Terms or by Live Well and Prosper in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, publicly display, publicly perform, transmit, or create derivative works based on the content, features, products, services, or functionality available on the Website.

11.4 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Live Well and Prosper and its licensors. No rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Live Well and Prosper or its licensors, except for the rights and licenses expressly granted in these Terms.

11.5 Feedback and Submissions

Any feedback, suggestions, or submissions you provide to Live Well and Prosper regarding the Website or its Services shall be the property of Live Well and Prosper, and Live Well and Prosper shall have the unrestricted right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback, suggestions, or submissions in any form, media, or technology now known or later developed, without attribution, compensation, or any other obligation to you.

Part 12 - Copyright Policy

12.1 Respect for Copyrights

Live Well and Prosper respects the intellectual property rights of others and expects users of the Website and its Services to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), Live Well and Prosper will respond promptly to claims of copyright infringement on the Website that are reported to our designated Copyright Agent.

12.2 Notice of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(b) Identification of the copyrighted work claimed to have been infringed;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Your contact information, including your address, telephone number, and an email address;

(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

12.3 Copyright Agent

Our designated Copyright Agent to receive notifications of claimed infringement is:

Joseph Ortiz

livewellandprosperpllc@gmail.com

Only notices of alleged copyright infringement should be sent to the Copyright Agent. Any other feedback, comments, or other communications should be directed to the appropriate contact as specified in these Terms.

12.4 Counter-Notification

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our Copyright Agent:

(a) Your physical or electronic signature;

(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

(d) Your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Live Well and Prosper may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Live Well and Prosper's sole discretion.

12.5 Repeat Infringers

In accordance with the DMCA and other applicable law, Live Well and Prosper has adopted a policy of terminating, in appropriate circumstances and at Live Well and Prosper's sole discretion, users who are deemed to be repeat infringers. Live Well and Prosper may also, at its sole discretion, limit access to the Website and its Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement

Part 13 - Sales, Refund, and Cancellation Policies

13.1 Sales

When you purchase products or services through the Website, you agree to pay the price, fees, and any applicable taxes for the products or services. All payments must be made in the currency specified on the Website or during the checkout process. Live Well and Prosper reserves the right to change the prices and fees of its products and services at any time, in its sole discretion, without prior notice.

13.2 No Refunds

All purchases made through the Website are final and non-refundable. Once you have completed your purchase, you will not be entitled to a refund, credit, or exchange for any reason, including but not limited to dissatisfaction with the product or service, technical issues, or changes in your personal circumstances.

13.3 No Cancellation

You acknowledge and agree that you do not have any right to cancel your purchase of products or services through the Website. Live Well and Prosper is not obligated to accept any cancellations, returns, or exchanges, and any requests for such will be considered on a case-by-case basis, at the sole discretion of Live Well and Prosper.

13.4 Responsibility for Payment

You are solely responsible for ensuring that your payment information is accurate, complete, and up-to-date. By providing your payment information to Live Well and Prosper, you represent and warrant that you are authorized to use the payment method provided and that you have the right to provide such payment information. You agree to promptly update your payment information in the event of any changes.

13.5 Chargebacks and Payment Disputes

If you dispute any charges made through the Website, you must notify Live Well and Prosper in writing within thirty (30) days of the date of the charge. Failure to notify Live Well and Prosper within this time period will result in your waiver of any claim relating to the disputed charge. You are responsible for any fees, costs, or expenses incurred by Live Well and Prosper as a result of chargebacks or payment disputes, including but not limited to legal fees and collection agency fees.

Part 14 - Disclaimer

14.1 No Medical Advice

The content, products, and services provided on the Website are for informational and educational purposes only and are not intended as a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or treatment, and before undertaking a new health care regimen. Never disregard professional medical advice or delay in seeking it because of something you have read, seen, or heard on the Website.

14.2 No Warranties

The Website and its Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Live Well and Prosper disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Live Well and Prosper does not warrant that the Website or its Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that defects will be corrected.

14.3 No Guarantees or Endorsements

Live Well and Prosper does not guarantee or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by the Website, its employees, or other users of the Website is solely at your own risk.

14.4 Limitation of Liability

In no event shall Live Well and Prosper, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Website or its Services; (ii) any conduct or content of any third party on the Website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Live Well and Prosper has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

14.5 No Liability for User Actions

You understand and agree that Live Well and Prosper shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Live Well and Prosper has been advised of the possibility of such damages), resulting from your actions or decisions based on information obtained through your use of the Website or its Services.

Part 15 - Limitation of Liability

15.1 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Live Well and Prosper, its affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Website or its Services; (ii) any conduct or content of any third party on the Website, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Website; (iv) unauthorized access, use, or alteration of your transmissions or content; and (v) any errors, omissions, or inaccuracies in the content or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Live Well and Prosper has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

15.2 Maximum Liability

In no event shall Live Well and Prosper's total liability to you for all damages, losses, or causes of action exceed the amount paid by you, if any, for accessing the Website or using its Services during the twelve (12) month period immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.

15.3 Applicability of Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Part 15 may not apply to you. In such jurisdictions, Live Well and Prosper's liability shall be limited to the greatest extent permitted by law.

15.4 Acknowledgment

You acknowledge and agree that the limitations of liability set forth in this Part 15 represent a reasonable and fair allocation of risk between you and Live Well and Prosper, and that these limitations are an essential basis of the bargain between you and Live Well and Prosper regarding your use of the Website and its Services.

Part 16 - Indemnity

16.1 Indemnification

You agree to defend, indemnify, and hold harmless Live Well and Prosper, its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and its Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This indemnification obligation will survive these Terms and your use of the Website and its Services.

16.2 Cooperation

You agree to cooperate fully with Live Well and Prosper in the defense of any claim that is the subject of your obligations under this Part 16. Live Well and Prosper reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Live Well and Prosper.

16.3 No Settlements

You agree not to settle any claim, action, or proceeding relating to your use of the Website or its Services without the prior written consent of Live Well and Prosper, which consent may be withheld in Live Well and Prosper's sole discretion.

Part 17 - Release

17.1 Release of Claims

To the maximum extent permitted by applicable law, you hereby release and forever discharge Live Well and Prosper, its affiliates, licensors, service providers, employees, agents, officers, and directors from any and all claims, liabilities, losses, damages, costs, or expenses, whether known or unknown, arising out of or in any way connected with your use of or access to the Website and its Services. You expressly waive any rights you may have under any statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17.2 Waiver of California Civil Code Section 1542

If you are a California resident, you expressly waive your rights under California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

17.3 Acknowledgment

You acknowledge and agree that the release set forth in this Part 17 represents a reasonable and fair allocation of risk between you and Live Well and Prosper, and that this release is an essential basis of the bargain between you and Live Well and Prosper regarding your use of the Website and its Services.

Part 18 - Termination

18.1 Termination by Live Well and Prosper

Live Well and Prosper may, in its sole discretion, terminate, suspend, or restrict your access to the Website and its Services, or any part thereof, at any time, without notice, for any reason or no reason, including without limitation, if Live Well and Prosper believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination, your right to use the Website and its Services will immediately cease. Live Well and Prosper shall have no obligation to maintain or provide any of your User Content, and may delete or destroy all copies of your User Content in its possession or control, without any liability to you.

18.2 Termination by You

You may terminate your use of the Website and its Services at any time by discontinuing your access to the Website and its Services and deleting all materials obtained from the Website, along with all related documentation and any copies thereof, whether made under these Terms or otherwise.

18.3 Survival

All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18.4 No Liability for Termination

You agree that Live Well and Prosper shall not be liable to you or any third party for any termination or suspension of your access to the Website or its Services, or the deletion or destruction of any User Content you have submitted or posted on the Website.

Part 19 - Modification of These Terms

19.1 Right to Modify Terms

Live Well and Prosper reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time, without prior notice. Any such modifications, amendments, or replacements will be effective immediately upon posting the updated Terms on the Website. It is your responsibility to periodically review the Terms for any changes. By continuing to access or use the Website and its Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must immediately discontinue your access to and use of the Website and its Services.

19.2 Notification of Changes

While Live Well and Prosper is under no obligation to notify you of any changes to these Terms, it may, at its discretion, choose to do so by posting a notice on the Website or by sending you an email or other notification. Your continued use of the Website and its Services after any such notice shall constitute your acceptance of the updated Terms.

19.3 No Waiver

No waiver by Live Well and Prosper of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by Live Well and Prosper to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Part 20 - Violations of These Terms

20.1 Reporting Violations

If you become aware of any violation of these Terms by any person, including other users, please report the violation to Live Well and Prosper by contacting us at [email address]. In your report, please provide a detailed description of the violation, including any supporting evidence or documentation that may assist us in investigating the matter.

20.2 Consequences of Violations

Live Well and Prosper reserves the right, at its sole discretion, to take any action it deems necessary in response to a violation of these Terms, including but not limited to suspending or terminating your access to the Website and its Services, removing or disabling access to any User Content, or pursuing legal action against you or any other person responsible for the violation.

20.3 Cooperation with Law Enforcement

Live Well and Prosper reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing Live Well and Prosper to disclose the identity or other information of anyone posting any materials on or through the Website or its Services. You waive and hold harmless Live Well and Prosper from any claims resulting from any action taken by Live Well and Prosper during or as a result of its investigations and from any actions taken as a consequence of investigations by either Live Well and Prosper or law enforcement authorities.

20.4 No Liability for User Actions

Live Well and Prosper assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Live Well and Prosper has no liability or responsibility to anyone for the performance or nonperformance of the activities described in this Part 20.

Part 21 - Dispute Resolution

21.1 Informal Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms, the Website, or its Services (a "Dispute"), you and Live Well and Prosper agree to use your best efforts to settle the Dispute through consultation and good faith negotiations. Before initiating any formal dispute resolution proceedings, you agree to contact Live Well and Prosper in writing, describing the nature and basis of the Dispute and the specific relief sought, and giving Live Well and Prosper a reasonable opportunity to resolve the Dispute.

21.2 Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations within thirty (30) days of receipt of the written notice described in Section 21.1, either party may elect to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") then in effect, unless the parties agree otherwise in writing. The arbitration shall be conducted in the State of Michigan, unless the parties agree otherwise in writing. The arbitrator's decision shall be final, binding, and non-appealable, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

21.3 No Class Actions

You and Live Well and Prosper agree that any arbitration shall be limited to the Dispute between you and Live Well and Prosper individually. To the fullest extent permitted by law, (i) no arbitration shall be joined with any other proceeding; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

21.4 Governing Law

These Terms and any Dispute arising out of or in connection with these Terms or your use of the Website or its Services shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions.

21.5 Venue

In the event that the arbitration agreement in Section 21.2 is found not to apply to a Dispute, you and Live Well and Prosper agree to submit to the exclusive jurisdiction of the state and federal courts located in Michigan to resolve any such Dispute. You agree to waive any objection to the venue of any action or proceeding in such courts and to waive any claim that any action or proceeding has been brought in an inconvenient forum.

Part 22 - General Terms

22.1 Entire Agreement

These Terms, together with any other legal notices and agreements published by Live Well and Prosper on the Website, constitute the entire agreement between you and Live Well and Prosper concerning your use of the Website and its Services, and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Live Well and Prosper with respect to the Website and its Services.

22.2 Severability

If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

22.3 No Assignment

You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Live Well and Prosper. Any purported assignment or delegation in violation of this Section 22.3 shall be null and void. Live Well and Prosper may assign its rights or delegate its obligations under these Terms in its sole discretion and without restriction.

22.4 No Agency

Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between you and Live Well and Prosper. Neither party has the authority to bind the other party or to incur any obligation on its behalf.

22.5 Force Majeure

Live Well and Prosper shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22.6 Headings

The headings and captions used in these Terms are for convenience only and shall not affect the interpretation or construction of these Terms.

22.7 Contact Information

If you have any questions, concerns, or comments about these Terms or the Website, please contact Live Well and Prosper at livewellandprosperpllc@gmail.com