Please read the Terms of Use for the Program carefully and in their entirety before using Empowher Health™ (hereinafter referred to as the “Program”)

The Program and its content are owned by Amanda Howell and Empowher Health Co.

1. Definitions:“Company”, “We”, “I”, “Our”, or “Us” means Amanda Howell and Empowher Health Co (doing business as "Pregnancy Academy™," and "SmartStrongBold®").

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“You” “User” or “Your” means the purchaser and person using the Program.

2. Consent: By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

3. Disclaimer: By participating in the Program, you understand that the hosts are certified Health Coaches, Nutrition Coaches, Personal Trainers, and Certified Pre & Postnatal Specialists. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis. Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

4. Assumption of the Risk: You must ensure you are physically cleared by your medical provider to participate in the program before participating. If you have any injuries or limitations, please have them cleared by your medical provider before attempting to participate in the Program.

By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Program. 

5. Intellectual Property Ownership: The Program and its content, including, but not limited to, written content, illustrations, video instructions, guides, or downloadable resources inside the Program are intellectual property owned by Amanda Howell and Empowher Health Co. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

6. No Sharing: You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

7. Testimony Release: You understand and hereby consent to the use of the information, submitted photographs, screenshots taken by the Coach, or written testimonies and feedback, from the Client, by the Coach for marketing. You consent to your name (as provided), photographs, screenshots, and statements to be used for promotional purposes by Amanda Howell or Empowher Health Co, without payment to me. 

You understand that Amanda Howell or Empowher Health Co may use your name (as provided), photographs, screenshots, and statements for promotional business purposes, including, but not limited to email marketing, social media, website, etc.

8. No Claims Made Regarding Results: Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

9. No Warrantees, Guarantees, or Representations Are Being Made: We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.

10. Your Release of Us, Indemnification, Hold Harmless: To the fullest extent permitted by law, Empowher Health Co expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By purchasing the Program, you hereby agree to this limitation of liability and release Empowher Health Co from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Empowher Health Co, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use. 

By purchasing the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Empowher Health Co as stated in this section herein. 

11. Refund Policy: You are purchasing digital products and services that cannot be returned. We will do everything within our ability (within reason) to ensure your satisfaction. Refunds will not be issued under any circumstance for services already rendered or products already purchased.

12. Arbitration Clause: If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing helloempowherhealth@gmail.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Amanda Howell and Empowher Health Co shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Detroit, MI.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Michigan. The only award that can be issued to you is a refund of any payment made to Empowher Health Co for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

13. Limitation of Liability: Amanda Howell and Empowher Health Co are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. In no event shall we be liable to you for any indirect, special, exemplary, or consequential damages.

 14. Payment and Purchase Terms: When you pay for the Program by credit card, you authorize and give permission to Empowher Health Co to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant who may have privacy policies or security practices that are different than ours. Amanda Howell and Empowher Health Co are not responsible for the merchant’s independent policies or practices.

15. Severability: The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms and Conditions.

If you have any questions about the Terms & Conditions, please contact helloempowherhealth@gmail.com.