By purchasing this program to Empower Health Change: The Road to Change Course and/or Change Warriors Coaching Community, and by using and accessing the Empower Health Change: The Road to Change or Change Warriors Coaching Community membership website (“Site”), you acknowledge and signify your agreement to be bound and abide by the following terms and conditions (“Terms and Conditions”).  If you do not agree to be bound by the Terms and Conditions, do not purchase a membership and do not access or otherwise use the Site.

Empower Health Change LLC (“EHC”) may revise and update these Terms and Conditions from time to time.  Your continued use of the Site means you accept any and all updated changes to the Terms and Conditions.

1. EHC And The Site Do Not Provide Specific Medical Advice

The contents of the Site, such as text, graphics, images, dialogue, including direct and indirect communications with EHC personnel, other materials created by EHC or obtained from EHC’s licensors, and other materials contained on the Site (collectively, “Content”), are for informational purposes only.  You expressly acknowledge that your sole access and use of info on this site does not establish a physician patient relationship and that the information is not meant to be direct medical advice.

While certain of EHC’s personnel are qualified medical professionals, including specifically Nick Trujillo D.O., such personnel are acting solely as health and lifestyle coaches in connection with your purchase and use of the program included within the Site.  The services offered by EHC through the Site are for educational and general purposes only.  You expressly acknowledge that no physician-patient relationship exists between you and EHC’s personnel, including Nick Trujillo D.O., and that no such relationship will exist based on your purchase of the program membership or use of the Site and its benefits.  You also acknowledge and understand that EHC, including Nick Trujillo D.O., is not providing specific medical advice, including, but not limited to, medication management.  The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  EHC strongly advises that you always seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, a medical condition, or medical treatment.  Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately.  Reliance on any information provided by EHC, EHC employees, others appearing on the Site, or visitors to the Site is solely at your own risk.

1. Disclaimer of Warranties

You understand EHC does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.  You are responsible for implementing sufficient safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.  You assume total responsibility and risk for your use of the Site.  The Site is provided “as is” with no warranties whatsoever.  All express, implied, and statutory warranties, including, but not limited to, warranties of merchantability and fitness for a particular purpose are disclaimed.  To the fullest extent permitted by law, EHC disclaims any warranties that the Site, Content, or services provided through the Site are free of defects.  Without limiting the foregoing, EHC makes no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, links, or communications provided on or through the use of the Site.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or medical procedures.

In no event shall EHC or its officers, directors, or employees be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not EHC or its officers, directors, or employees are advised of the possibility of such damages.  EHC shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000.  EHC, its officers, directors, and employees are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below).  Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information provided through the Site.  EHC does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. 

Some links on this Site may direct you away from the Site.  The linked sites are not under the control of EHC, and EHC is not responsible for the contents of the linked sites or any changes or updates to such sites.  EHC provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by EHC of such site. 

1. Use of the Content

The Content posted on the Site is protected by the copyright laws in the United States and in foreign countries.  EHC authorizes you to view or download a single copy of the Content solely for your personal, noncommercial use if you include the appropriate copyright notice at the end of the material, such as: “©2020 Empower Health Change LLC. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. 

Title to the Content remains with EHC or its licensors.  Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.  Content and other features are subject to change or termination without notice in the editorial discretion of EHC.  All rights not expressly granted herein are reserved to EHC and its licensors. 

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

1. User Content and Submissions

The Site contains functionality and other interactive areas, which may include, but is not limited to, blogs, message or discussion boards, direct messaging, chat functionality, Q&A platforms, video messaging, public forums, etc. (collectively “Public Areas”) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas that infringe or violate any rights of any party, including, but not limited to, copyright, trade secret, and trademark rights.  By submitting communications or User Content to the Public Areas, you agree to comply with these Terms and Conditions and other applicable policies.  EHC reserves the right to remove User Content for any reason, including User Content that EHC believes violates these Terms and Conditions or other applicable policies.  By submitting any communications or User Content to the Public Areas or to EHC directly, you further agree that such submission is non-confidential and non-proprietary for all purposes.  EHC shall be free to copy, disclose, distribute, incorporate, and otherwise use the submission and/or communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.  No compensation will be paid with respect to the use of your submission.

1. Indemnification

You agree to indemnify, defend, and hold harmless EHC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all claims, actions, demands, liabilities, losses, expenses, damages, and costs, including reasonable attorney fees, resulting from, or alleged to result from (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any Content, or (d) your violation of these Terms and Conditions.