Consent Clause
By accessing or using this website, you hereby acknowledge that you have read, understood, and agree to be bound by our Terms & Conditions and Disclaimers. Your continued use of the website constitutes your express consent to all provisions contained therein.
If you are under the age of 18, or you do not consent or agree to the Terms & Conditions as stated herein, please leave this website immediately.
Please note that these Terms & Conditions contain a Binding Arbitration Clause and by agreeing to these Terms & Conditions, you agree to resolve claims with Us through the details defined below.
Clarifications & Definitions
- “Us”, “I”, “Our”, “Company”, or “We” is defined as Brian Duguay Wellness, Brian Duguay, and this website, www.brianduguay.com
- “Website” or “Site” is defined as “www.brianduguay.com” or “brianduguay.com”
- “You” or “Your” is defined as the Customer, Reader, Viewer, Consumer, or Viewer of this Website.
Right to Modify Terms & Conditions
We reserve the right to modify, update, or revise these Terms & Conditions at any time, at our sole discretion. Any changes will be effective immediately upon posting the updated Terms & Conditions on this website. It is your responsibility to review these Terms periodically to ensure that you are aware of any modifications. By continuing to use the website, services, or products after changes are posted, you agree to the revised Terms & Conditions. If you do not agree with the updates, please discontinue use of the website and its services.
Terms & Conditions Last Modified Date: September 8, 2024
Disclaimers
Please view the Disclaimers page for information on Website Disclaimer, Health Coach Disclaimer, and Testimonials Disclaimer.
Website Rules
By accessing or using this site, you agree to abide by the following rules and guidelines. These rules are in place to ensure a safe, respectful, and productive environment for all users.
- Respectful Conduct: All users must engage in respectful and courteous behavior. Any form of harassment, abusive language, or discrimination based on race, gender, age, religion, nationality, or any other characteristic will not be tolerated.
- No Unauthorized Use: You may not use this site to engage in illegal activities or to violate any local, state, national, or international laws. Unauthorized use, including hacking, tampering, or attempting to gain access to restricted areas of the site, is strictly prohibited.
- Intellectual Property: The content on this website, including text, images, graphics, and any other materials, is the intellectual property of Brian Duguay Wellness, unless otherwise noted. You may not copy, distribute, modify, or use any content without prior written permission.
- User Content: If you submit any content (such as comments, reviews, or feedback) to this website, you grant Brian Duguay Wellness the right to use, reproduce, modify, and publish this content for any purpose. You must ensure that your content does not infringe on the rights of others or violate any applicable laws.
- No Spam: The use of this website to send unsolicited advertisements, spam, or junk emails is strictly forbidden. Violators will be banned and may face legal action.
- Accuracy of Information: You are responsible for ensuring that any information you provide on this site is accurate and up to date. Brian Duguay Wellness is not liable for any misinformation provided by users.
- Privacy: Your use of this website is subject to our Privacy Policy. By using this site, you consent to the collection and use of your personal information as outlined in the policy.
- No Warranty: The content and services provided on this website are for informational purposes only and are offered “as is,” without any warranties. Brian Duguay Wellness does not guarantee the accuracy, completeness, or reliability of any information provided.
- Termination of Use: We reserve the right to restrict, suspend, or terminate access to this website for any user who violates these rules or engages in prohibited activities, without notice or liability.
- Modifications: Brian Duguay Wellness reserves the right to modify these Website Rules at any time. Continued use of the site after changes are made constitutes your acceptance of the revised rules.
By using this website, you acknowledge that you have read, understood, and agree to abide by these rules. If you have any questions or concerns, please contact us via the Contact Us page.
Third-Party Links & External Websites
Our website may contain links to third-party or external websites for your convenience. Please note that we are not responsible for the privacy practices, policies, or content of these third-party websites. Once you leave our site and access a third-party website, any information you provide or actions you take are governed by that website’s privacy policy and terms of use. We have no control over how third-party sites handle your personal information and disclaim any responsibility or liability for any issues, disputes, or disagreements that may arise from your interactions with them. We encourage you to review the privacy policies and terms of use of any third-party websites you visit.
Intellectual Property Rights
All content on this website, including but not limited to text, graphics, logos, images, videos, and any other materials, is the exclusive intellectual property of Brian Duguay Wellness, unless otherwise indicated. This content is protected by copyright, trademark, and other applicable intellectual property laws. Any unauthorized use, reproduction, distribution, or modification of the content is strictly prohibited and may result in legal action. By accessing this site, you agree to respect all intellectual property rights and refrain from any actions that would violate these protections. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
Limited License and Prohibited Use
If you view, access, or purchase from the Site, Courses, Services, and/or Products, you are considered a Limited Licensee (“Licensee”). As a Licensee, you acknowledge and agree that the Site, Courses, Services, and Products have been carefully developed by us through substantial investment of time, resources, education, effort, and creativity. These materials hold significant professional and personal value, and we are committed to protecting them to the fullest extent.
As a Licensee, you are prohibited from using the Site, Courses, Services, and/or Products in any unauthorized or improper manner. Any use that contradicts these Terms & Conditions, our Privacy Policy, or violates applicable U.S. intellectual property laws is strictly forbidden unless express written permission has been granted by us in advance.
User Submissions and License Grant
By submitting comments on the Site or providing documents, statements, or information to Brian Duguay Wellness through contact forms, email, or social media, you affirm that you are the rightful owner of the content provided. In doing so, you grant us a non-exclusive, royalty-free license to use, reproduce, modify, and distribute your submissions as we deem necessary for our business purposes.
Restrictions on Distribution & Protection of Access
During your use, purchase, or download of the Site, Courses, Services, and/or Products, you agree and acknowledge that you are prohibited from distributing, copying, forwarding, or sharing any information restricted by these Terms & Conditions. You further agree to take all necessary precautions to prevent the inadvertent sharing or distribution of such materials, including safeguarding your password (if applicable) used to access your purchases or downloads. Any violation of these Terms & Conditions will be legally enforced to the fullest extent permitted by law.
Permission for Commercial Use & Attribution Requirements
You must obtain written permission through our Contact Us page before using our Site and its Content for commercial purposes. For personal sharing, you are welcome to link directly to the Site. When sharing on social media or your own website, you are required to provide proper attribution by linking back to the Site and its Content, including any photographs. You may not imply or represent that the Site or its Content belong to you, nor suggest that you created, contributed to, or are in any way associated with the Site or Brian Duguay Wellness.
Release of Liability and Discharge of Claims
By using the Site or purchasing, downloading, or utilizing Brian Duguay Wellness Courses, Services, and Products, you agree to release, waive, and forever discharge Brian Duguay Wellness, along with its subsidiaries, employees, agents, contractors, subcontractors, and affiliates, from any and all claims, suits, actions, demands, liabilities, damages, judgments, and costs, whether known or unknown, and whether arising in law or equity.
Binding Arbitration Clause
If you have any issue or complaint arising from the use of this website or Brian Duguay Wellness’s Services, Products, and/or Courses, please first make direct contact with us via the Contact Us page. If your dispute cannot be amicably resolved, you agree to submit your dispute in the following manner.
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, you agree to resolve the matter through binding arbitration, in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Norfolk County, Massachusetts, and the decision of the arbitrator(s) shall be final and binding, with judgment upon the award rendered by the arbitrator(s) to be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney’s fees unless otherwise determined by the arbitrator(s).
Governing Law
This Agreement and any disputes arising out of or related to the use of our Website, Programs, or Services shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Consent to Jurisdiction
By using this Site, Courses, Services, and/or Products, or making any Purchases or Downloads, you hereby irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the District of Massachusetts or any state court located within the Commonwealth of Massachusetts. This consent applies to any disputes or matters arising out of these Terms & Conditions, Privacy Policy, Website and Medical Disclaimers, or related to your use of the Site.
Consent to Service
You hereby irrevocably agree that legal process may be served upon you in any manner authorized by the laws of the Commonwealth of Massachusetts. You further waive any objections you may have to the method of service of process under Massachusetts law.
Payment & Purchases
When you purchase or download any of our Courses, Services, or Products through our Site, payments may be made via PayPal, Stripe, Square or Biocanic. By completing a purchase, you authorize Brian Duguay Wellness to automatically charge your credit card for the total amount due. An electronic receipt will be provided after your purchase, which you should retain for your records.
For coaching services, if you choose an installment or “pay over time” option at checkout, you agree that Brian Duguay Wellness has the right to automatically charge your payment method for each installment on the agreed-upon date(s) without prior notification for each transaction.
In the event that your payment method fails or is declined, your access to our Courses, Services, and Products will be revoked. Please note that even if your payment method is declined, you remain responsible for the full cost of your purchase.
We do not accept chargeback threats, whether real or implied. Should a chargeback be initiated on a purchase or download of our Courses, Services, or Products, we reserve the right to report the incident to major credit reporting agencies, which may negatively affect your credit report and/or score. If you wish to have such a report removed, you must contact us to arrange full payment. Upon receipt of the outstanding balance, we will make the appropriate notifications to the credit agencies.
Please note that payment processing companies may have different privacy policies and practices than ours, and we are not responsible for their policies. Additionally, as with any online transaction, there are circumstances beyond our control that may compromise your payment method or credit card information. We are not liable for any such incidents.
By making a purchase, you agree to release us from any and all damages related to your payment or use of third-party payment processing services. You also agree not to assert any claims against us or the payment processors for any damages arising from your purchase or use of our Site, Courses, Services, and Products.
Liability Waiver Clause
Brian Duguay Wellness (we/us) shall not be held liable or responsible for any information, products, or materials that you request or receive through our Website, Programs, or Services. Under no circumstances shall we be liable to you, your clients, or any third party for any direct, indirect, special, incidental, equitable, or consequential damages arising from your use of, or reliance on, our Website, Programs, and Services, or any content or services provided by those affiliated with us. By using our Website, Programs, and Services, you expressly release us from any and all claims, including, but not limited to, lost profits, business interruptions, personal injuries, accidents, misapplication of information, or any other physical or mental conditions or issues that you or your clients may experience. This release applies even if we have been expressly advised of the possibility of such damages or difficulties.
We do not assume responsibility for any accidents, delays, injuries, losses, or damages caused by any third-party company, organization, or person engaged in providing services in connection with this Website, Programs, or Services. In the event that you or your clients choose to act upon any information provided by us or those affiliated with us, you do so at your own risk, and we assume no liability for the outcome.
By utilizing our Website, Programs, or Services, you and your clients agree to fully indemnify, hold harmless, and release us, along with our employees, shareholders, directors, staff, consultants, agents, and affiliates, from any and all liability, damages, causes of action, suits, claims, and demands, whether known or unknown, in law or equity, that may arise out of your or your clients’ participation in, or reliance upon, our Website, Programs, or Services. This waiver of liability shall apply except in cases of gross negligence or willful misconduct on our part.
Indemnification and Defense
You shall, at all times, indemnify, defend, and hold harmless Brian Duguay Wellness, Brian Duguay, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against any and all losses, damages, injuries, delays, deaths, lost profits, and expenses arising from any claims or proceedings brought by third parties or by Brian Duguay Wellness and Brian Duguay. This indemnification obligation covers claims related to your breach of obligations, representations, warranties, or covenants under these Terms & Conditions and Privacy Policy, as well as any alleged breach or negligence attributed to us.
Termination of Use
At our sole discretion, we reserve the right to terminate your access to the Site, Courses, Services, Products, and any Purchases or Downloads if you abuse, violate, or breach any of these Terms & Conditions, the Privacy Policy, the Website and Medical Disclaimers, or any other terms to which you have agreed.
Entire Agreement
These Terms & Conditions, Privacy Policy, and Website and Medical Disclaimers constitute the entire agreement between you and us concerning the Site, Courses, Services, and/or Products. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, related to the Site, Courses, Services, and/or Products.
Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. If a court of competent jurisdiction deems any provision of this Agreement to be overly broad, the court is empowered to modify the provision to the extent necessary to make it reasonable and enforceable while preserving the original intent.
Guarantees, Warranties, and Representations
We make no warranties of any kind, whether express or implied, regarding the Site, Courses, Services, Products, or any Purchases or Downloads made through this platform. All content, offerings, and materials provided are made available “AS IS” and without any form of warranty, to the fullest extent permissible by law. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Errors & Omissions
While every effort is made to ensure the accuracy and currency of the information provided on the Site and through our services, Brian Duguay Wellness makes no warranties, representations, or guarantees that such information is free from errors, complete, or up-to-date at all times. Given the complexity of the topics covered, it is your responsibility to conduct your own due diligence, research, or consult with a qualified professional to verify the accuracy, reliability, and timeliness of any information you receive, act upon, or rely on from this Site and/or our services.
Refund Policy
We are committed to doing everything reasonably within our power to ensure your satisfaction. However, refunds will not be provided for coaching services that have already been rendered or for products or courses that have been purchased. If you have any questions, concerns, or would like to discuss ways to enhance your experience, please do not hesitate to contact us via our Contact Us page form.
Privacy Policy
Please read our Privacy Policy for how your personal information is handled.
Contact
Please use the following information for questions and concerns regarding these Terms & Conditions:
- Website: www.brianduguay.com
- Email: Please utilize our Contact Us page and it will email our office.
- Business Address: Available by Request
- Business Phone: (781) 269-9890