IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.
Terms and Conditions of Use of this Site All information is provided “as is”, without any representations or warranties of any kind, and Lagniappewellness.com and associated websites expressly disclaim all express and implied warranties including those with respect to accuracy, completeness, timeliness or fitness for a particular purpose of the information on this website or of any product or service referenced on this website, unless otherwise expressly indicated.
Lagniappe Wellness LLC and Melinda (Mindy) Scott assume no responsibility for any losses, damages, whether direct, indirect, special or consequential, which arise out of the use or misuse of this website howsoever caused, whether such damages arise in contract, tort, negligence, equity, statute or by way of any other legal theory regardless of whether such damages could have been foreseen. The information on this website is subject to change without notice.
Independent parties develop websites that may be accessed from this website. Lagniappe Wellness LLC and Melinda (Mindy) Scott, is not responsible for the privacy policies or the accuracy of the information in such websites nor do we endorse products offered in those websites.
Lagniappe Wellness LLC and Melinda (Mindy) Scott, do not represent or warrant that unauthorized use of information from this or other websites does not infringe on the trademark rights of third parties.
By your use of this website, you acknowledge that Lagniappe Wellness LLC and Melinda (Mindy) Scott, its employees, heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, and other parties involved in the creation, production or delivery of the site will not be held liable for any damages suffered or incurred by you or any third person arising out of: (a) any fault, interruptions or delays in the provision of this website; or (b) any inaccuracies, errors or omission on this website or any product or services referenced on the site, however such faults, interruptions, delays, inaccuracies, errors or omissions arise.
Lagniappe Wellness LLC and Melinda (Mindy) Scott liability, if any, shall be limited only up to the amount paid by the user for the products and/or services herein.
Privacy policy statement
At Lagniappe Wellness LLC and Melinda (Mindy) Scott, we take the issue of privacy seriously. We want to assure you that the security and confidentiality of personal information that you disclose while visiting our website will be respected. Policies governing the protection of privacy on our website are strictly observed and enforced to ensure this happens.
In our online access area, you may be asked to provide personal information that is necessary for us to communicate with you, to provide you with your coaching program and any other information that Lagniappe Wellness LLC and Melinda (Mindy) Scott consider may be valuable to you. Personal financial information is required to enable us to bill you for products and/or services you have requested. It is your responsibility to ensure that the information provided to Lagniappe Wellness LLC and Melinda (Mindy) Scott is complete and accurate.
Use of information collected
We use the information collected from you when you visit our website to address your specific requests and to provide better customer service, including the provision of the latest information regarding our products and services. The information collected may also be used to document communications between Lagniappe Wellness LLC and Melinda (Mindy) Scott and our online users and to comply with any applicable legal and/or regulatory requirements.
Cookies
Like many other commercial sites, our site utilizes standard technologies called “cookies” and clear GIFs to collect information about how our Site is used. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your web browser permits) that can later be retrieved to identify you to us. Cookies were designed to help a website recognize a user’s browser as a previous visitor and thus save and remember any preferences that may have been set while the user was browsing the site. A cookie cannot be read by a website other than the one that set the cookie. A cookie cannot pass on a computer virus or capture any of the Personally Identifiable information.
Access to information collected
Certain members of Lagniappe Wellness LLC and Melinda (Mindy) Scott will be provided with information about a website visitor in order to fulfill that user’s requests and provide the user with requested information regarding specific products. Our staff and contractors are instructed to use strict standards of care in handling the personal information of our clients, and the use of such information is dealt with in our internal code of conduct. Staff and contractors who do not conform to Lagniappe Wellness LLC and Melinda (Mindy) Scott rules are subject to disciplinary sanctions which may include dismissal.
Lagniappe Wellness LLC and Melinda (Mindy) Scott does not transmit any personal information collected through its website to any third parties. Personal information may be transmitted, however, if there is a specific need to complete a transaction requested by the online user.
Unauthorized downloading, re-transmission, storage in any medium, copying, redistribution, or republication for any purpose is strictly prohibited without the written permission of Lagniappe Wellness LLC and Melinda (Mindy) Scott.
All matters that do or may arise, in any way relating to the use of this Web Site, are subject to and shall be governed, construed and enforced exclusively in accordance with the laws of the country of United States of America, as those laws apply to contracts made in United States of America, and which are wholly performed in United States of America by persons domiciled in United States of America and your use of this Web Site is and shall be deemed to be your irrevocable agreement to be subject to the laws and jurisdiction of United States of America.
If you have any questions about the protection of personal information you have disclosed on Lagniappe Wellness LLC and Melinda (Mindy) Scott or it’s terms and conditions of use, please send us an e-mail at lagniappewellnessllc@gmail.com and mscott@lagniappewellness.com so that we can address your questions as quickly and completely as possible.
Last Updated: April 2020
Disclaimers
General:
Lagniappewellness.com, Lagniappe Wellness LLC, Melinda (Mindy) Scott, the affiliated blog and email series, and affiliated products (including, but not limited to, coaching packages and courses hosted at lagniappewellness.com and https://my.practicebetter.io/#/p/services/list?cid=5e9230172a9823036477e1fc, collectively “Products”) are educational and informational resources for health and wellness, not medical advice. They are not substitutes for working with a primary care practitioner or other professional. Lagniappe Wellness LLC and Melinda (Mindy) Scott cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. Lagniappe Wellness LLC and Melinda (Mindy) Scott makes no guarantees about the information and recommendations provided herein. By continuing to use, read, watch, and participate in lagniappewellness.com and the associated blog, email series, affiliated product websites and affiliated Products, you acknowledge that Lagniappe Wellness LLC and Melinda (Mindy) Scott cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within their control. Therefore, following any information or recommendations provided on lagniappewellness.com, its affiliated blog, email series, affiliated product websites and affiliated Products are at your own risk. If you need medical advice, you should see your primary care practitioner or other health professional.
Product Descriptions
Lagniappe Wellness LLC and Melinda (Mindy) Scott aim to describe and display their Products as accurately as possible. However, they cannot guarantee that the features of each Product will be completely accurate. Likewise, Lagniappe Wellness LLC and Melinda (Mindy) Scott cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the Product descriptions contained on lagniappewellness.com, https://my.practicebetter.io/#/p/services/list?cid=5e9230172a9823036477e1fc and affiliated Product websites are entirely accurate, current, or error-free. Occasionally, Lagniappe Wellness LLC and Melinda (Mindy) Scott may correct errors in pricing and merchandise descriptions.
Affiliate Links
Some of the links contained on or within lagniappewellness.com, the affiliated blog, email series and affiliated Products are affiliate links. This means that they may receive a commission if you click on one of these affiliate links and make a purchase from the affiliate. Lagniappe Wellness LLC and Melinda (Mindy) Scott only recommend products and services that they know or trust to be of high quality, whether an affiliate relationship is in place or not.
Last Updated: April, 2020
Terms and Conditions
Overview
BY VISITING LAGNIAPPEWELLNESS.COM OR ANY OF THE ASSOCIATED PRODUCT WEBSITES, COLLECTIVELY “SITES”, YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. The term “Services” refers to products and services offered by Lagniappe Wellness LLC and Melinda (Mindy) Scott, including but not limited to, a blog, email series, coaching packages, programs and online courses hosted on any of Lagniappe Wellness LLC and Melinda (Mindy) Scott associated Sites.
Use of any of Lagniappe Wellness LLC and Melinda (Mindy) Scott Sites, including all materials presented herein and all online Services provided by Lagniappe Wellness LLC and Melinda (Mindy) Scott, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Sites. By using the Sites or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of Sites and Services
To access or use the Sites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Sites. Information provided on the Sites and in the Services related to health and wellness and other information are subject to change. Lagniappe Wellness LLC and Melinda (Mindy) Scott make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Lagniappe Wellness LLC and Melinda (Mindy) Scott disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Account Creation
In order to use the Sites and Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Lagniappe Wellness LLC and Melinda (Mindy) Scott will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
Lawful Purposes
You may use the Sites and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to Lagniappe Wellness LLC and Melinda (Mindy) Scott acceptance of your order or requests. Lagniappe Wellness LLC and Melinda (Mindy) Scott reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Lagniappe Wellness LLC and Melinda (Mindy) Scott until payment has been processed. Lagniappe Wellness LLC and Melinda (Mindy) Scott may at any time change or discontinue any aspect or feature of the Sites or Services, subject to Lagniappe Wellness LLC and Melinda (Mindy) Scott fulfilling previous responsibilities to you based on acceptance of your payment.
Order Confirmation
Melinda (Mindy) Scott will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform Melinda (Mindy) Scott as soon as possible.
Cancellations, Returns, and Refunds
Terms and conditions of pre-paid coaching sessions will be governed by a contract agreement entered into between you and Melinda (Mindy) Scott.
Payment for coaching sessions is due at booking. Refunds or purchases of the Lagniappe Wellness LLC and Melinda (Mindy) Scott coaching sessions are not issued at any point during or after the session has started, or if you cancel within 24 hours prior to the scheduled session start time. Refunds are not issued if you do not participate or miss the scheduled session. The scheduled session is considered missed if you fail to attend via phone or video chat after 10 minutes of the scheduled start time.
Product Description
Lagniappe Wellness LLC and Melinda (Mindy) Scott endeavors to describe and display the Sites and Services as accurately as possible. While Lagniappe Wellness LLC and Melinda (Mindy) Scott try to be as clear as possible in explaining the Sites and Services, please do not accept that the Sites’ and Services’ descriptions are entirely accurate, current, or error-free. From time to time Lagniappe Wellness LLC and Melinda (Mindy) Scott may correct errors in pricing and descriptions. Lagniappe Wellness LLC and Melinda (Mindy) Scott reserves the right to refuse or cancel any order with an incorrect price listing.
Lagniappe Wellness LLC and Melinda (Mindy) Scott’s Intellectual Property
The Sites and Services contain intellectual property owned by Lagniappe Wellness LLC and Melinda (Mindy) Scott, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites’ or Services’ Content or intellectual property, in whole or in part, without Lagniappe Wellness LLC and Melinda (Mindy) Scott’s prior written consent. Lagniappe Wellness LLC and Melinda (Mindy) Scott reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Changed Terms
Lagniappe Wellness LLC and Melinda (Mindy) Scott may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by Lagniappe Wellness LLC and Melinda (Mindy) Scott posting the new Terms and Conditions on this Site. Any use of the Sites or Services by you after being notified means you accept these amendments. Lagniappe Wellness LLC and Melinda (Mindy) Scott reserves the right to update any portion of the Sites and Services, including these Terms and Conditions, at any time. Lagniappe Wellness LLC and Melinda (Mindy) Scott will post the most recent versions to this Site and list the effective dates below the Terms and Conditions section.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL LAGNIAPPE WELLNESS LLC AND MELINDA (MINDY) SCOTT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, LAGNIAPPE WELLNESS LLC AND MELINDA (MINDY) SCOTT IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF LAGNIAPPE WELLNESS LLC AND MELINDA (MINDY) SCOTT HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LAGNIAPPE WELLNESS LLC AND MELINDA (MINDY) SCOTT CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM LAGNIAPPE WELLNESS LLC AND MELINDA (MINDY) SCOTT, AND IF NO PURCHASE HAS BEEN MADE BY YOU LAGNIAPPE WELLNESS LLC AND MELINDA (MINDY) SCOTT CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Sites and the Services contain links to third party websites and resources. You acknowledge and agree that Lagniappe Wellness LLC and Melinda (Mindy) Scott is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Lagniappe Wellness LLC and Melinda (Mindy) Scott. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold Lagniappe Wellness LLC and Melinda (Mindy) Scott harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Services. You shall provide Lagniappe Wellness LLC and Melinda (Mindy) Scott with such assistance, without charge, as Lagniappe Wellness LLC and Melinda (Mindy) Scott may request in connection with any such defense, including, without limitation, providing Lagniappe Wellness LLC and Melinda (Mindy) Scott with such information, documents, records, and reasonable access to you, as Lagniappe Wellness LLC and Melinda (Mindy) Scott deems necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Lagniappe Wellness LLC and Melinda (Mindy) Scott pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and Lagniappe Wellness LLC and Melinda (Mindy) Scott. No waiver of any of the provisions of this Agreement by Lagniappe Wellness LLC and Melinda (Mindy) Scott shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Lagniappe Wellness LLC and Melinda (Mindy) Scott.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to lagniappewellnessllc@gmail.com and mscott@lagniappewellness.com
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Last Updated: April 2020