TERMS & CONDITIONS

Welcome to Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC (“Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC,” “we,” “us,” or “our”). We invite you to access and use our website drnicolecain.com (the “Website”) for educational purposes. 

Users are subject to the following Terms of Use, which may be updated without notice to you. Through utilization of Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, (collectively, “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Each user who registers with us (“Registered User”) and choses to purchase a product or service through one of our Websites, agrees to the terms of this Agreement and the Terms and Conditions of Purchase of any and all products and services. 

Should any conflict occur, the Terms and Conditions of Purchase shall control. 

  1. Description and use of our Websites

We provide Visitors and Registered Users with access to the Services as described below.

Visitors are people who do not register with us, but wish to attain education from the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us. This content is for educational purposes only. 

Registered Users can do all the things that Visitors can do, and they may additionally: 

Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Terms of Use

These Terms of Use (“Terms”) govern your use of the https://dr-nicole-cain.mykajabi.com/, and www.Dr Nicole Cain.com Website (hence forth called the “Site”), blogs, social media, printed materials and associated content and services, https://www.drnicolecain.com/, https://dr-nicole-cain.mykajabi.com, or https://www.gutpsychology.com/ Dr. Nicole Cain’s KARTRA Sites, KAJABI Sites, any other Affiliate Sites used by Dr. Nicole Cain, as well as all Dr. Nicole Cain’s social media including the following, but not limited to: Facebook, Instagram, Youtube, Linkedin, TikTok, etc. (the “Sites”). (collectively, the “Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content”) and constitute an agreement between you and  (“Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC”).

Your use of this website Content is conditioned upon your acceptance and continued adherence to these Terms. Please read them carefully. If you do not wish to be bound by these Terms of Use, discontinue using and accessing this website content immediately.

You understand and agree that Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC may modify these Terms at any time without prior notice, and such modifications will be effective upon our posting of the new Terms on the Site or for the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content after any modifications indicates your acceptance of the modified Terms.

Disclaimers

Information and Rationale

The use of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content is solely at your own risk.

Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content includes information regarding specific Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC products. Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC has made good-faith efforts to compile and present this information, but does not guarantee its accuracy or completeness.

The information, instructions, and general advice contained in the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content is intended only as a general reference for further exploration and is not a replacement for professional health advice. 

Information on this web site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. It is provided for informational purposes only. The Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content does not provide individualized dosage information, format recommendations, toxicity levels, or possible interactions with prescription drugs or other items. You should not use the information contained herein for diagnosing or treating a health problem or disease, or prescribing any medication. 

You should read carefully all information and consult with your primary care physician before adding, modifying, or making any other changes to your medical protocol including but not limited to medications, natural remedies, diet, and exercise, or any other change not listed.

We urge you to consult your qualified and licensed healthcare professional such as a Medical Doctor, Doctor of Osteopathy, Naturopathic Physician or Psychiatrist when using any of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC products or content. If you have or suspect that you have a medical problem, promptly contact your health care provider. Do not disregard, avoid or delay obtaining medical or health-related advice from your health care professional because of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content. 

If you are in the United States and think you are having a medical or health emergency, call your healthcare professional, or 911, immediately.

    1. Membership Agreement: Membership Agreement (The Agreement) is effective at the date of purchase by and between Dr Nicole Cain, Health for Life LLC & Health for Life and Company, accessed via https://dr-nicole-cain.mykajabi.com and www.drnicolecain.com and all current members of the “Membership Program” by Dr. Nicole Cain ND, MA, also known as “Family of Warriors” hereinafter referred to as “Member”.
      1. Understanding of Terms and Conditions of Membership
      2. By accessing, browsing or using the (https://dr-nicole-cain.mykajabi.com or www.drnicolecain.com) website or selecting ‘I have read and agree to the terms and conditions of this page.’ during the membership registration, you represent that you have read in its entirety, understood, and agreed to be bound by the terms and conditions of this Membership Agreement.
    2. Nature of the Service
      1. Health for Life and Company LLC is a company offering educational content about mental health and overall health. The membership shall include, for all members, video, written or audio content related to overall health and mental health. Dr. Nicole Cain ND, MA has developed this content and it is sold exclusively through Health for Life and Company LLC.
    3. User Registration and Information
      1. The Member shall fill in the correct information requested in the registration of membership on the site. Members shall be required to promptly update Member information on the site. Members shall select username and password during the registration process. Member shall be responsible for: a) all use of the Site made by the Members username and password, and b) maintaining the confidentiality of the Member’s username and password.
    4. Payment
      1. The Member shall provide accurate credit card information during registration to access the “Family of Warriors” Page (Membership). Memberships are a monthly subscription to content provided and other perks mentioned above. Payments will be automatic every month on the day of the first payment. Lack of proper payment will result in denied access to all content.
    5.  Content
      1. Membership Content: A short video, handout (exclusive), a health graphic custom made by Dr. Cain and her team, a non-published article or blog or tip by Dr. Nicole Cain ND, MA, or an audio file released for the duration of the membership.
    6. Privacy
      1. Members are prohibited from selling, reselling, or making commercial use of any of the content contained within the Membership Services.
    7.  Copyright
      1. All rights reserved. No part of the content on Dr. Nicole Cain’s site may be reproduced, distributed, or transmitted in any form or by any means,including photocopying, recording or other  electronic or mechanical means, including information storage and retrieval systems, without permission in writing from the owner.
    8. The legal penalties for copyright infringement are:
      1. Infringer pays the actual dollar amount of damages and profits.
      2. The law provides a range from $200 to $150,000 for each work infringed.
      3. Infringer pays for all attorneys fees and court costs.
      4. The Court can issue an injunction to stop the infringing acts.
      5. The Court can impound the illegal works.
      6. The infringer can go to jail.
    9.  Termination
      1. Members may terminate at any time, however, no refunds will be issued. Health for Life and Company has the right to terminate access to the course(s) if the member is distributing the courses or information or videos to other parties for free or for sale and does not abide by the agreement.
    10. Liability Limitations
      1. The member recognizes that Dr. Nicole Cain ND, MA is acting as an educator, utilizing her own interpretation and opinions. The member understands that Dr. Nicole Cain ND, MA is not the member’s primary care physician or their doctor or physician in any way. Making any changes to a member’s life, choices, medication, diet, lifestyle, or supplement/ herbal regimen should only be done with the written consent and recommendation of their primary care physician and/or psychiatrist. 
    11. Acknowledgment
      1. I acknowledge that I am viewing the content created by Dr. Nicole Cain for educational purposes only. I further acknowledge that these are the opinions of Dr. Nicole Cain and should not be taken as the “definitive opinion” or “absolute medical opinion” on any subject. The membership materials and videos are not a substitution for medical, psychological, counseling or any other sort of professional care. I acknowledge that my consumption of these materials is for my own education and any medical, psychological, or professional care decisions should be made between myself and my primary care doctor or another provider that I am engaged with.  

 

  1. Course Agreement (The Agreement) is effective at the date of purchase by and between Health for Life and Company, accessed via https://dr-nicole-cain.mykajabi.com or www.drnicolecain.com) and all current purchasers of an online course by Dr. Nicole Cain ND, MA, hereinafter referred to as “Purchaser”.

By accessing, browsing or using the (https://dr-nicole-cain.mykajabi.com or www.drnicolecain.com) website or selecting ‘I have read and agree to the terms and conditions of this page.’ during the course registration, you represent that you have read in its entirety, understood, and agreed to be bound by the terms and conditions of this Course Agreement.

    1. Nature of the Service
      1. Health for Life and Company LLC is a company offering educational content about mental health and overall health. The courses include videos pertaining to a variety of topics and an exclusive written content for the course. Dr. Nicole Cain ND, MA has developed this content and it is sold exclusively through Health for Life and Company LLC
    2. User Registration and Information
      1. Purchaser shall fill in the correct information requested in the registration of course on the site. Purchaser shall be required to promptly update Purchaser information on the site. Purchaser shall select username and password during the registration process. Purchaser shall be responsible for: a) all use of the Site made by the Purchasers username and password, and b) maintaining the confidentiality of the Purchasers username and password.
    3. Payment
      1. Purchaser shall provide accurate credit card information during registration to access the Course. Courses are a one-time payment to receive the content mentioned above. Lack of proper payment will result in denied access to content.
    4. Content
      1. Course Content: Video series consisting of 2-5 videos ranging from 5-20 min long and an exclusive e-book attached to the course.
    5. Privacy
      1. Purchaser is prohibited from selling, reselling, or making commercial use of any of the content contained within the Course Services.
    6. Copyright
      1. All rights reserved. No part of the content on Dr. Nicole Cain’s site may be reproduced, distributed, or transmitted in any form or by any means,including photocopying, recording or other  electronic or mechanical means, including information storage and retrieval systems, without permission in writing from the owner.
      2. The legal penalties for copyright infringement are:
        1. Infringer pays the actual dollar amount of damages and profits.
        2. The law provides a range from $200 to $150,000 for each work infringed.
        3. Infringer pays for all attorneys fees and court costs.
        4. The Court can issue an injunction to stop the infringing acts.
        5. The Court can impound the illegal works.
        6. The infringer can go to jail.
    7. Termination
      1. As a purchaser of an online e-course by Dr. Nicole Cain ND, MA, I understand that no refunds will be issued for any reason. Health for Life and Company has the right to terminate access to the course(s) if the purchaser is distributing the courses or information or videos to other parties for free or for sale and do not abide by the agreement.
    8. Liability
      1. The purchaser recognizes that Dr. Nicole Cain ND, MA is acting as an educator, utilizing her own interpretation and opinions. The purchaser understands that Dr. Nicole Cain ND, MA is not the member’s primary care physician or their doctor or physician in any way. Making any changes to a member’s life, choices, medication, diet, lifestyle, or supplement/ herbal regimen should only be done with the written consent and recommendation of their primary care physician and/or psychiatrist. 
    9. Acknowledgment
      1. I acknowledge that I am viewing the content created by Dr. Nicole Cain for educational purposes only. I further acknowledge that these are the opinions of Dr. Nicole Cain and should not be taken as the “definitive opinion” or “absolute medical opinion” on any subject. The course materials and videos are not a substitution for medical, psychological, counseling or any other sort of professional care. I acknowledge that my consumption of these materials is for my own education and any medical, psychological, or professional care decisions should be made between myself and my primary care doctor or another provider that I am engaged with.  
  1. Restrictions

The Websites are only available for individuals aged 13 years or older. If you are not you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.

  1. Fees and Payment

As consideration for any purchase you make on the Websites, you shall pay Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC all applicable fees and taxes. You hereby consent to the authorization of payment information by us or our third-party payment processor of your credit card or bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes. 

All payments will be charged and made in U.S. dollars.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information and keep your account current, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security. 

You hereby authorize Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. 

We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

  1. Returns

All sales are final. There are no returns available. If you do not agree with this policy, do not purchase a course, program, or product. 

  1. Intellectual Property

The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC  (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, and non-commercial use. Registered Users who have purchased any product or service, may download onto their own devices utilize content for their own personal, non-commercial use. You have no other rights in or to the Content and you will not use the Content except as permitted under this Agreement without the prior written consent of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC. 

Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC retains all right, title, and interest, including all intellectual property rights, within and including Content. You must retain all copyright and other proprietary notices contained in the original Content. You are expressly prohibited from copying, selling, transferring, assigning, licensing, sublicensing, or modifying the Content. You are prohibited from reproducing, displaying, publicly performing, making derivative versions of, distributing, or otherwise using the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content and you are subject to legal fees.

All trademarks, service marks, and logos of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC (the “Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Trademarks”) used and displayed on the Websites are the sole property of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC. 

Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks are prohibited unless approved in advance by us in writing. All goodwill generated from the use of Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC inures to our benefit.

Elements of the Websites are protected by unfair competition, trademark, dress, trade, and other state and federal laws. None of the Content may be retransmitted without our express, written consent for from us.

  1. Registered User Content; Licenses

As noted above, the Registered Users have the ability to post and upload Registered User Content. You acknowledge and agree that once you submit your Registered User Content it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. 

You also grant us and our sublicensees the right to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, and our products and services. 

Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and pictures permitted by the foregoing rights and licenses may include the display of such information in advertising and other material or content, including for profit.

Each Registered User Content submission constitutes a representation and warranty to Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC that such Registered User Content is your original creation, that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or inappropriate material or content that violates our Community Rules.

  1. Communications with Us

Although we encourage you to contact us, you shall not email us any content that contains confidential information. We can not guarantee privacy of any emails and communications you send to us. As mentioned previously, we are free to use ideas, concepts, and techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

  1. No Warranties; Limitations of Liability

There is no warranty available on any of the information or content contained in the Courses, Websites or Membership sites. With passage of time and advancement of information it is your responsibility to stay up to date with information and not rely on the Websites for updated information. We also can not guarantee that the websites will operate error free and it is possible that there may be issues with servers and content. 

The Websites may have content errors or typographical inaccuracies or omissions. We are not responsible for typographical, technical, content, or pricing errors or other technical errors listed on the websites. 

A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. 

WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

  1. External Sites

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely for your convenience and are not an endorsement by us or by the external site creators. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. The content of such External Sites is developed and provided by owners of External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Accessing linked External Sites is at your own risk.

  1. Representations; Warranties; and Indemnification

(a) You agree to defend, indemnify, and hold us and our officers, employees, agents, successors, licensees, and assignees harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, legal and accounting fees, arising or resulting from: 

(i) your breach of this Agreement; 

(ii) your misuse of the Content or the Websites; and/or 

(iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such a case, you agree to cooperate with any requests assisting our defense of such matters.

  1. Compliance with Applicable Laws

The Websites are based in the United States. We make no claims concerning whether the Content is able to be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

  1. Termination of the Agreement

In our sole discretion, we reserve the right, to terminate, suspend, or restrict, this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. 

We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability. 

The following sections shall remain and survive any termination of this Agreement: 

    1. “Fees and Payment” until your balance is paid in full including taxes and late fees. 
    2. “Intellectual Property” 
    3. “Registered User Content” 
    4. “Licenses” 
    5. “Communications with Us”
    6.  “No Warranties; Limitation of Liability” 
    7. “Representations; Warranties; and Indemnification” 
    8. “Termination of the Agreement” 
    9. “Controlling Law” 
    10. “Binding Arbitration” 
    11.  “Class Action Waiver” 
    12. “Equitable Relief” 
    13. “Miscellaneous.”
  1. Digital Millennium Copyright Act

Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will evaluate all claims of copyright infringement received and remove any Content concluded to have been posted or distributed in violation of any laws.

Our designated agent under the Digital Millennium Copyright Act of 1998 (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC

781 Kenmoor Ave SE Suite C, Grand Rapids, MI 49546

If you are under the belief that your content has been copied on the Websites in a way that is considered copyright infringement, please provide our agent with notice in accordance with the requirements of the Act. This includes: 

  1. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of laws provisions.

  1. BINDING ARBITRATION

All disputes will be resolved via arbitration. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. 

In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (hereafter referred to as “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  

Any election to arbitrate, at any time, shall be final and binding on the other party. 

If either party elects arbitration, neither shall have the right to litigate such claim in court or to have a jury trial. Either party may bring its claim into its local small claims court if that is permitted by the small claims court rules and if they are within such a court’s jurisdiction. 

All disputes will be resolved before a neutral arbitrator in the state of Michigan, selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. 

All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. 

This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online or with a designated proxy. 

If conducted in person, the arbitration shall take place in the United States in the state of Michigan. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18, nothing in this Agreement will prevent us from seeking injunctive relief in any court of jurisdiction as necessary to protect our proprietary interests.

  1. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, 

  1. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of any of our trademarked or intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. 

We may, without waiving any other agents under this Agreement, seek from any court having jurisdiction any interim, provisional, or equitable, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration as referenced above. 

You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Michigan for purposes of any such action by us.

  1. Miscellaneous

You acknowledge that any failure on our part to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instances except as expressly agreed by us and you in writing. This Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will insure to the benefit of our successors, assigns, licensees, and sublicensees.

  1. Testimonials 

All testimonials found within this website, on handouts, flyers, social media posts, videos, and other places on the interwebs represent the real life experience of the individual participants. Names of the participants have been changed or withheld to protect the privacy of the individual. I understand that Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC reserves the right to publish, edit or reject any testimonials, or feedback that I send either via email, via the Website or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to me – unless we have specifically agreed otherwise in writing prior to submission. 

I give Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC the right to display advertisements in connection with my testimonial and to use my feedback for advertising and promotional purposes. All testimonials found within this website are opinions that represent experiences of the individual participants. 

  1. 21. International Use

This website is controlled and operated by Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC. Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC makes no representations that the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content is appropriate or legally available for use in locations outside the United States. If you are accessing the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content from outside the United States, you are solely responsible for complying with all local laws and jurisdictions. 

  1. Software Downloads and Export Controls

Software, hardware, and related technologies that may be available in connection with the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content are subject to United States export controls. No software or related technologies may be downloaded from the Site, or otherwise exported or re-exported, in violation of United States export laws.

  1. Termination

Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC, at its sole option, may terminate, block or suspend your access to the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content and these Terms at any time without notice if you breach any provision of these Terms. In the event of termination, those Sections in these Terms which provide for continuing obligations on your part shall survive indefinitely. 

  1. Miscellaneous

Both you and Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC  agree that no partnership, agency, joint venture, or employment relationship is formed between you and us by your use of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC  Content and neither you nor Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC have the power or the authority to obligate or bind the other. 

These Terms set forth the entire agreement between you and Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC  pertaining to your use of the Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC Content. If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

  1. Additional Miscellaneous 

The above document is a formal agreement that documents the terms and conditions of use for this Website, Social Media accounts, Membership, Courses, and any other content created or utilized by Dr Nicole Cain, Health for Life LLC & Health for Life and Company LLC. If you do not accept these terms of use, please do not use this Website or purchase any products listed. I agree and understand that continued use of this Website and purchasing any products, either myself or by-proxy, confirms my acceptance of these terms.