TERMS OF SERVICE

Terms of Service for Mandi Scovern Coaching and Wellness LLC

Last Updated: February 21, 2025

Pease read these Terms of Service ("Terms") carefully before using the website operated by Mandi Scovern Coaching and Wellness LLC (“Company,” "we," "us," or "our"). By accessing or using our website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website.

1. Use of the Website and Account and Security

  • Eligibility:
    You must be at least 18 years old to access and use this website. By using this website, you represent and warrant that you meet this age requirement.

  • License to Use:
    We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for personal, non-commercial purposes in accordance with these Terms.

  • Acceptable Use:
    You agree not to use our website for any unlawful purpose or in any way that may harm us or interfere with the proper functioning of the website. Prohibited activities include, but are not limited to, transmitting malware, unauthorized access, or disrupting the website's operation.

  • You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. 

    To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Hickory, North Carolina. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

  • No Warranties

    The Company makes no warranties regarding the performance or operation of this website. The Company further makes no representations or warranties of any kind, expressed or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extend permissible under the law, the Company disclaims all warranties, expressed or implied, including implied warranties of the merchantability and fitness for a particular purpose.

2. Intellectual Property

  • Ownership:
    All content on this website, including text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of Mandi Scovern Coaching and Wellness LLC or its content suppliers and is protected by copyright and intellectual property laws.

  • Restrictions:
    You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent, except as expressly permitted by these Terms.

  • You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use. 

    As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

    All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

    You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website. 

    The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

    The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  • Use of Paid Courses, Programs, and Associated Material
    The Company, at times, provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner. 

    By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

    By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

  • Use Of Free Downloadable Content

    The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Free Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner. 

    By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

    By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

3. Services and Content

  • Informational Purposes:
    The content provided on this website is for general informational and educational purposes only. It is not intended as a substitute for professional advice. While we strive to provide accurate and up-to-date information, we do not warrant the accuracy or completeness of any information on the website.

  • Accuracy And Personal Responsibility

    As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

    By using this Website, you accept personal responsibility for the results of your actions.  You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

  • No Guarantees:
    We make no guarantees regarding the results you may achieve from using our coaching services, tools, or advice. Your success depends on a variety of factors that are beyond our control.

  • As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

    You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

  • Guests

    The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

    Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign. 

4. User Submissions

  • Content You Provide:
    Any information or materials you voluntarily provide through the website (such as comments, questions, or other submissions) become non-confidential and may be used by us in any manner. We reserve the right to remove or modify any user-submitted content at our discretion.

  • Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

    We would be delighted to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship.  As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

  • Conduct:
    You agree to provide accurate, non-misleading, and respectful information when interacting with our website and services.

  • Communication Services:

    The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog/journal comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

    By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

    The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

    The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

    Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.

    Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

  • The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively, “Submission”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

    No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

    By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

5. Third-Party Links and Services

  • External Links:
    Our website may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these third parties. Your use of any third-party websites is at your own risk.

6. Disclaimers and Limitation of Liability

  • Disclaimer:
    Our website and its content are provided on an "as is" and "as available" basis. We expressly disclaim any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • Limitation of Liability:
    In no event shall Mandi Scovern Coaching and Wellness LLC, its affiliates, or its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, our website or any services provided herein.

  • You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this Website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Website.

    The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added/modified to the information herein. The Company and/or its suppliers may make improvements and/or changes in the website at any time.

    The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and/or accuracy of the information, software, products, services, and/or related graphics contained on the Website for any purpose. To the maximum extended permitted by applicable law, all such information, software, products, services, and related graphics are provided “As Is” without warranty or condition of any kind. The Company and/or its suppliers, hereby, disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

    To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Become some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of the Terms of Use, your sole and exclusive remedy is to discontinue using the website and/or services.

  • Arbitration

    ​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. 

    To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Hickory, North Carolina. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

  • Termination And Access Restriction

    The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

  • No Joint Venture Or Other Relationship​

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

7. Indemnification

You agree to indemnify, defend, and hold harmless Mandi Scovern Coaching Wellness LLC and its affiliates, officers, directors, employees, agents, and third parties from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations, violation of these Terms, or infringement of any intellectual property or other rights. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

8. Entire Agreement​

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

9. Modifications to Terms

We reserve the right to modify or update these Terms at any time without prior notice. The most current version of the Terms will supersede all previous versions. Your continued use of the website after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Mandi Scovern Coaching and Wellness LLC operates, without regard to its conflict of law principles.

11. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Mandi Scovern Coaching and Wellness
Email: admin@mandiscovern.com
Phone: (828) 406-8762
Address: 811 37th Avenue NW, Hickory NC 28601

By using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.