Terms of Service

Rick Broider and associate affiliate organizations (“company”, “I”, “we”, my" or “Richard Broider” ) provides general educational information on various topics on various print and media platforms as a public service, which should not be construed as professional  advice. All content that I produce and/or present are based solely on personal opinions and unique life experiences.
 

The term “you” refers to anyone who uses, visits, purchases, consultations, hears and/or views any website, video podcast or  any content that I produce or am featured on.

Effective Date: This Terms of Service Agreement was last updated on April 12, 2022. 

This Terms of Service Agreement sets forth the terms of use of Holistic Wellness Consultations, Coaching and Training Services or information (“Services”) provided by RickBroider.com, Open Living LLC, UniversalWellnessAcademy.com, Richard Broider, and/or their related affiliates (the "Provider"). 

As a viewer of this website or consumer of any listed service, You (“Client”) agrees to all of the following Terms. By using the Provider's website or services you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website and the Services provided by the Provider. Provider reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on this website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.  

Definitions of Terminology used in this agreement. 

Coach, Consultant - Any individual or organization appointed by Provider to function as an Educator, Life Coach, and/or Wellness Consultant.

Session / Appointment - The scheduled time in which the Client and Consultant are communicating through any means, including but not limited to: Phone, Email, Instant messaging, Text and Video calls. The term session and appointment can be used interchangeably. 

Fee - The amount paid by the Client, to hold/reserve a scheduled appointment with Provider. The term fee also describes the amount paid by you, to purchase products from Provider. 

Products - Any object, service, or digital item, including but not limited to, Video, Image, Audio, Text or any other digital format, that is sold or offered by any Provider appointed representative. 

Fulfilled - A session is considered fulfilled when the appointment has reached the scheduled duration. (30) minutes (45) minutes (60) minutes, (90) minutes, (2) hours. 

Wellness Consulting, Coaching, and/or Client Relationship - Wellness Consulting is a relationship service designed to facilitate the creation and development of personal goals. If for any reason the Client does not feel that the goals are being met, they will make this concern apparent to the Provider. 

Confidential Information - All information that you share with your consultant is confidential. To the extent allowed by the law, Provider will not sell or give away any personally identifiable Client information. If any information is to be used by Provider in publicly view-able means, all information that could personally identify the Client will be omitted or changed, unless otherwise authorized by client in writing. If the Client sends Provider a review or success story, all personally identifiable information will be changed or omitted before being posted, again unless otherwise authorized by client in writing. Your consultant will keep notes on your Coaching sessions to ensure that you are provided with a structured and effective Coaching service. These Coaching notes are accessible only to your Coach. We will not disclose personal information we collect from you to third parties without your permission except to the extent necessary: 

• To fulfill your requests for service or support. 

• To protect Provider from liability. 

• To respond to legal process or comply with law. 

Description of Service 

Provider is providing Client with suggestions on general life advice for educational purposes only. The opinions, advice, and coaching provided by the Provider are not to be used as a substitute for medical attention, diagnosis, or treatment, or for other professional mental health or medical services. Provider will not be held liable for the use that anyone might make of the information or advice given. 

Responsibility and Accountability 

While Provider will always exercise every available resource to help the Client learn how to improve their lives, the Client may not achieve these goals during or after their session with Provider. The Client takes full responsibility for any and all actions resulting Provider, and will not hold Provider liable for the Client's failure to achieve his/her/their personal, professional, spiritual, or any other form of life goals. The Client understands that Wellness Consulting is not to be used in lieu of professional advice. The Client will seek professional guidance for legal, medical, financial, business, mental health, and other matters with the appropriate/credentialed provider. All decisions in these areas are exclusively the responsibility of the Client. Client accepts full/ sole responsibility and accountability for the actions they take or don’t take, results achieved and any consequences that follow. Provider does not make any guarantee or warranty as to results that may be achieved or as to the consequences of any actions taken or not taken by the Client. 

Cancellation Policy

Scheduling an appointment or purchasing a consultation package or other service is a commitment that both Consultants and Clients honor. Appointments can be cancelled or rescheduled if 24 hours’ notice is provided. If sessions are cancelled or rescheduled with less than the required notice, or if a client misses a session, the client agrees to pay for that session in full and/or have that session subtracted from their purchased services. 

Late or Absent for Appointment

If Client is late for an appointment, the remaining time of the appointment will be fulfilled. No additional time will be given to the Client. If Client does not call or initiate the appointment, no refunds will be given. It is the sole responsibility of the Client to contact Provider's Coaches for their appointment. Provider is not responsible for late or missed appointments.

Dropped Call or Acts of God

If in the event a phone call is terminated unexpectedly, without the Client or Consultant intentionally ending the session, it is the responsibility of the Client to recall the Provider's Coach. No refunds will be given for the time missed. If in the event any unforeseen circumstance stops Provider's Consultant from being able to attend a scheduled appointment, the appointment will be rescheduled at no additional fee to the Client. If Provider experiences unforeseen circumstances that terminate the appointment prior to scheduled time being fulfilled, a full appointment will be rescheduled at no additional fee to the Client. 

Fees

All sales are final. Charges on your credit card statement from Provider will appear as "Open Living LLC". All Fees will be paid in advance by the Client receiving the product or service. Provider holds the right to deny refunds under any circumstances not described in this agreement. 

Fee Changes

Provider retains the right to change fees and prices at any time without notice. If the Client has appointments that were scheduled prior to the fee change, the Client will continue to pay the original fee amount. 

Text And Email Coaching

Actual response times will vary, Provider's Coaches are not obligated to respond to any text or email. Provider does not offer refunds for any Text or Email Coaching services. Message and data rates may apply, Provider is not obligated to pay any fees or other accruances generated by participating in any of the Provider Services. 

Participating in Text and Email Coaching

Participating in Text or Email Coaching does not reserve any appointments. Text or Email Coaching does not include any over-the-phone or Internet sessions. Text or Email Coaching is limited to only Text and Email Communication. There is no limit on the number of Texts or Email messages that can be sent within any time period. Using Text or Email Coaching services to spam or send unsolicited, repetitious or irrelevant to the scope of life coaching messages will be grounds for immediate termination of service and blocking of further messages. 

Disclaimer of Warranties

The providers websites, systems and services are provided by Provider on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Provider makes no representations or warranties of any kind, express or implied, regarding the use or the results of providers website, systems, or services in terms of its correctness, accuracy, reliability, or otherwise. Provider shall have no liability for any interruptions in the use of this Website. Provider disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. 

Limitation of Liability 

PROVIDER SHALL NOT be liable for any damages whatsoever, and in particular Provider shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Provider has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE. 

Indemnification

Client agrees to indemnify and hold Provider, its parents, subsidiaries, affiliates, officers contractors and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Client’s use of the Service, the violation of this Agreement, or infringement by Client, or other user of the Service using Client’s computer, of any intellectual property or any other right of any person or entity. 

Modifications and Interruption to Service

Client acknowledges and accepts that Provider does not guarantee continuous, uninterrupted or secure access to our website and systems, and operation of our website and systems may be interfered with or adversely affected by numerous factors or circumstances outside of Provider’s control. 

Third-Party Sites

Providers systems and websites may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Clients to review said privacy policies of third parties’ sites. Provider is not responsible for any technical, hardware, software, or support issues arising from your use of the software download links that are provided on our website. 

Governing Jurisdiction of the Courts of Florida

Our website, systems and services are operated and provided in the State of Florida. As such, we are subject to the laws of the State of Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Florida.

Compliance with Laws

Client assumes all knowledge of applicable law and is responsible for compliance with any such laws. Client may not use the Service in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. Client further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. 

Copyright and Trademark Information

All content included or available on Provider’s systems and website, including site design, text, graphics, interfaces, this Terms of Service Agreement and the selection and arrangements thereof is copyright of the Provider, with all rights reserved, or is the property of Provider and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Provider is strictly prohibited. Clients agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Provider’s systems, web pages or the content contained therein without prior written permission of an authorized officer of Provider. Provider’s trademarks may not be used in connection with any product or service that is not provided by Provider, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Provider. All other trademarks displayed on Provider’s website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Provider. 

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Provider.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: Richard Broider, 14851 Fl-52, #162, Hudson, FL 34669 By Email: rbroider@gmail.com 

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Provider, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Client. Client agrees that by accepting this Terms of Use Agreement, Client is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

AMAZON ASSOCIATES DISCLOSURE 

Provider is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and affiliated sites.