Stoplight Health LLC ("We", or "Us") offer a variety of online, streaming and downloadable content accessible on a subscription, purchase or other basis, including Our courses (collectively, the "Online Courses") and the purchase other services.  YOUR ACCESS TO OUR ONLINE COURSES AND PURCHASE OF OUR OTHER SERVICES IS SUBJECT TO AND GOVERNED BY THESE TERMS. PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR THE SUBSCRIPTION, PURCHASE OR OTHER ACCESS TO THE ONLINE COURSES AND THE PURCHASE OF OUR OTHER SERVICES.

1. Acceptance of Terms.

Our Online Courses and any and all applications included in the Stoplight Health website located at www.pediatrichealthcoaching.com (“Our Website”), the terms of Stoplight Health’s Privacy Policy, any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Us for your access and use of the Online Courses and the purchase of Other Services (the “Agreement”). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. By registering for one or more Online Courses or by accessing or using any of Our Online Courses or by purchasing any Other Services via Our Website or email, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should not register for an Online Course, you should discontinue your access or use of the Online Courses immediately and you are not authorized to purchase any Other Services. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Our Website. You agree to be bound by any modification to this Agreement when you access or use any of Our Online Courses or purchase any Other Services after any such modification is posted; it is therefore important that you review this Agreement regularly.

2. General Service Purchase and Course Registration Requirements.

If you wish to purchase access to and use of one or more Online Course, you must (a) register for such Online Courses, and (b) pay the applicable fees. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration form or at checkout (the “Registration Data”), and (ii) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse you any and all current or future access to and use of the Online Courses (or any portion thereof) and/or service purchases. Access to and use of the Online Courses, and registration for Our Online Courses, are void where prohibited.

3. Non-commercial Activity Only.

The Online Courses may not be used in connection with any commercial purposes, except as specifically approved by Us. Unauthorized framing of or linking to any of Our Online Courses is prohibited. You are prohibited from purchasing any Other Services for resale or other commercial use without Our specific written consent, which may be withheld at Our discretion.

4. Third Party Content.

Our Online Courses and other content and materials available via Our Website contain content of Our third party licensors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Online Courses to which you register other than the right to access and use such Online Courses under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through Our Online Courses.

5. International Use.

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. We make no representations or warranties of any kind regarding the compliance of Our Online Courses, Our Other Products or the other content and materials available via Our Website with any rules, regulations, statutes, laws or directives of any jurisdiction other than the United States.

6. Privacy Policy.

We respect your privacy and permit you to control certain aspects of the treatment of your personal information as set forth in Our Privacy Policy.

7. Term and Termination.

This Agreement shall remain in full force and effect for so long as it is posted on Our Website. We reserve the right to terminate your access to Our Online Courses immediately, with or without notice to you, and without liability to you, if We believe that you have breached any of the terms of this Agreement, furnished Us with false or misleading information, or interfered with use of Our Website or the Online Courses by others. The terms of Sections 4, 7 and 13-29 will survive termination of this Agreement or termination of your use of the Service.

8. Updates, Typographical Errors and Incorrect Pricing.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications and availability. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to change, discontinue or limit availability of Our Online Courses and Our Other Services in Our sole discretion.

9. Return and Refund Policy.

Purchases of Our Services are non-refundable. Customer service may be reached at info@pediatrichealthcoaching.com .

10. Purchases and Payment.

If you wish to purchase any service made available through Our Website (“Purchase”), you must supply payment information including, without limitation, your first and last name, phone number, payment card number, expiration month, billing address, and delivery information.

By making a Purchase and providing payment information, you authorize Us (or Our third party payment processor) to charge your payment method for the total amount of your Purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any problem We encounter in order to proceed with your Purchase. You can change or update payment information at any time by logging into your account and revising your information.

Payment processing services for Our Website are provided by third party service providers and are subject to the terms of use/service (collectively, the “Processor Services Agreements”). By making a purchase via Our Website, you agree to be bound by the applicable Processor Services Agreement as they may be modified from time to time by the applicable third party. As a condition of Us enabling payment processing services through Our third party service providers, you agree to provide Us accurate and complete information about you and your business (as applicable), and you authorize Us to share it and transaction information related to your use of the payment processing services provided by third party service providers.

We may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make subscription or recurring payments automatically, all charges and fees will be billed to the credit card you designate during the account setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your account information online. This may temporarily delay your ability to make online payments while We verify your new payment information.

By providing payment information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to Us is true, correct and complete. By submitting such information, you grant Us the right to provide the information to third parties for purposes of facilitating the Purchase. We reserve the right to refuse or cancel your Purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

All prices shown are in U.S. dollars and do not include applicable taxes. Taxes may vary and are not within Our control. We may adjust future prices as necessary, in Our sole discretion. By making a Purchase, you agree to pay the then-current Purchase price. Purchases are not to be used for resale or any commercial purposes.

PAYMENTS ARE NON-REFUNDABLE.

11. Disclaimer of Warranties.

THE ONLINE COURSES ARE AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE ONLINE COURSES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE ONLINE COURSES.

WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ONLINE COURSES, OUR OTHER PRODUCTS OR ANY OTHER CONTENT OR MATERIALS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH OUT WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING THE FAILURE TO COMPLY WITH ANY WARNING LABELS OR INSTRUCTIONS ATTACHED TO THE PRODUCTS.

12. Limitation on Liability. 

Stoplight Health and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the, Our Online Courses or Our Other Products, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the, Our Online Courses or Our Wellness Content (including, without limitation, as a result of breach of any warranty or other term of these Term of Sale or Our Terms of Use). Any claim against Us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course or Other Product. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

13. Indemnity. 

Upon a request by Us, you agree to defend, indemnify, and hold harmless Us and Our subsidiary and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of the Site or the Services. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Us in asserting any available defenses.

14. Your Release of Stoplight Health.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Us, and Our subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your purchase of products or services via Our Website. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. You specifically hereby waive 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.

15. Modification and Discontinuation.

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, any of the Online Courses (or any portion thereof) or Our Other Services with or without notice. You agree that We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of Our Online Courses.

16. Entire Agreement.

This Agreement, Our Privacy Policy and Our Terms of Use together constitute the entire agreement between you and Us with respect to Our offer and sale of the Online Courses and Our Other Products and supersedes any prior agreements between you and Us with respect thereto.

17. Choice of Law and Forum.

This Agreement shall be governed by the laws of the United States and the State of California, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SAN MATEO COUNTY, CALIFORNIA AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

18. Waiver and Severability of Terms.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

19. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Courses or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Questions.

If you have any questions regarding this Agreement, please contact Us by email at info@pediatrichealthcoaching.com 

Last Update: September 1, 2024