TERMS & CONDITIONS OF USE 

User's Acknowledgment and Acceptance of Terms Andrea Berkowitz, LLC ( also referred to as “Company” or “us”) provides the www.andreaberkowitz.com site and various related services (together referred to as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these 

Terms of Use. 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH THIS SITE REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. 

These Terms of Use are effective as of July 24, 2020. Company reserves the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. 

As used in these Terms of Use, references to Company’s "Affiliates" include owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or our contents. 

Description of Services 

Company makes various services available on this site including, but not limited to, one-on-one, group, and online coaching programs. The one-on-one and group health coaching will be tailored to your goals and may include, but is not limited to, private coaching sessions, group coaching sessions suggested meal planning, and recipes. Fees for the various services are set out between Andrea Berkowitz, LLC (Coach) and the Client. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access). 

Company reserves the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. Company shall not be liable to you or any third party should Company exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. 

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that Company has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. 

You understand and agree that the services available on this site are provided "AS IS" and that Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. 

Registration Data and Privacy 

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing the site’s online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You also grant Company the right to disclose to third parties certain Registration Data about you. The information Company obtains through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. 

Payment of Fees 

If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, Company will bill your credit or debit card. You agree to provide us with accurate and complete billing information, including valid credit or debit card information, your name, billing address, email address and telephone number, and to provide us with any changes in such information within seven (7) business days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that Company may, at our option, suspend or terminate your order and/or recurring orders for service and require you to pay the overdue amount by other means acceptable to Company. Company may charge a fee for reinstatement of suspended or terminated accounts. 

In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. 

Conduct on Site 

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, message board, newsgroup, or other interactive service that may be available to you on or through this site, you agree that you will NOT upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that: (a) Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company rules or policies; (b) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (c) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (d) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or 

(f) Impersonates any person or entity, including any of Company employees or representatives. 

Company neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the site. Company generally does not pre-screen, monitor, or edit the content posted by users of communications services, message boards, newsgroups, or other interactive services that may be available on or through this site. However, Company and Company’s agents have the right at Company’s sole discretion to remove any content that, in Company’s judgment, does not comply with these Terms of Use and any other rules of user conduct for this site, or is otherwise harmful, objectionable, or inaccurate. Company is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against Company arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal and/or civil liability. 

Furthermore, you acknowledge that Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. 

Third Party Sites and Information This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services 

provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Company’s control, and you acknowledge that this site and/or Company not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is this site and/or Company responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. 

GoDaddy Operating Company, LLC Their policies can be viewed at https://www.godaddy.com/legal/agreements 

Intellectual Property Information 

Copyright (c) 2020 and beyond Andrea Berkowitz, LLC All Rights Reserved. For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Andrea Berkowitz, LLC and/or our Affiliates. You are only permitted to use the content as expressly authorized by Company or the specific content provider. Except for a single copy made for personal use only, you shall not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site and/or materials provided from services in any form or by any means without prior written permission from Company or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site or from services provided. Any unauthorized use of the materials 

appearing on this site and from services provided may violate copyright, trademark and other applicable laws and could result in criminal and/or civil penalties. 

Neither Andrea Berkowitz, LLC or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. 

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Andrea Berkowitz, LLC or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Andrea Berkowitz, LLC or our Affiliates. 

User's Materials 

Subject to our Privacy Policy, any communication or material that you transmit to this site or to Andrea Berkowitz, LLC, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant the Company and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless Company has mutually agreed in writing otherwise. Company is also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. 

Company respects the intellectual property of others, and Company asks you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed; (c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Company’s Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated. Designated Agent for Claimed Infringement: www.andreaberkowitz.com Andrea@andreaberkowitz.com 214-476-4018 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, Company may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the 

materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. Disclaimer of Warranties 

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM COMPANY