Website Terms & Conditions (“Terms of Use”)
INTRODUCTION
These Terms & Conditions were last modified on 3/21/2026.
Healnishae Executive and Performance Coaching (the “COMPANY”) welcomes you to www.healnishaeexecutive.com (the “Website”), and any other websites, domains, or microsites operated by the Company, including without limitation those that link to or reference these Terms.
Your access to and use of the Website is subject to the following Terms of Use, which govern your use of the Website and any transactions initiated through it, subject to any additional terms applicable to specific products, services, or programs. By accessing the Website, you agree to be bound by these Terms. These Terms include provisions that affect your legal rights. Please read them carefully.
If you purchase any products, services, or programs from the Company, your purchase will be governed by separate Terms of Purchase. In the event of any conflict between these Terms of Use and the Terms of Purchase, the Terms of Purchase shall control with respect to the purchased product or service.
In these Terms and Conditions, “we,” “us,” or “our” means Healnishae Executive and Performance Coaching LLC
The “Website” means the website located at http://www.healnishaeexecutive.com and any successor URL, subdomain, or related website operated by the Company that links to these Terms.
“You” or “your” means any individual who accesses or uses the Website.
By accessing or using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and consent to our Privacy Policy and any other policies or notices incorporated by reference. If you do not agree to any of the terms contained herein, then please do not use or access the Website.
To access or use the Website, you must be 18 years or older (or the age of majority in your jurisdiction) and have the requisite authority to enter into these Terms and Conditions.
PRIVACY
Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Website, you consent to the practices described in the Privacy Policy.
CONSIDERATION
You acknowledge that your access to and use of the Website constitutes good and valuable consideration for these Terms of Use, the sufficiency of which is hereby acknowledged.
VISITORS & REGISTERED USERS
Any user who voluntarily signs up for additional information (including e-newsletters, promotional materials, or bonus content), or who purchases a product, service, or program through the Website, agrees to be bound by these Terms of Use and any additional terms applicable to the specific product, service, or program, including any applicable Terms of Purchase.
We provide access to certain features, content, and services through the Website as described below.
Visitors. Visitors are individuals who access the Website without registering for an account. No account creation or login is required to browse publicly available content. Visitors may view such content and contact us through the contact information provided on the Website.
Registered Users. Registered Users are individuals who register for an account (where applicable), subscribe to communications, or enroll in a product, service, or program through the Website. Registered Users may access publicly available content and, depending on their registration or purchase, may also receive access to additional or exclusive content or features.
We are under no obligation to accept any individual as a Registered User and may accept or decline registrations in our reasonable discretion and in accordance with applicable law. We may suspend, restrict, or deactivate a Registered User’s access if we determine, in our reasonable discretion, that the user has violated these Terms of Use, any applicable policies, or any terms applicable to a specific product, service, or program.
INTELLECTUAL PROPERTY / RESTRICTIONS ON USE
The Website and any products, services, or programs offered through it may contain text, graphics, logos, images, coursework, templates, software, video or audio files, and other materials provided by or on behalf of the Company (collectively, the “Content”). The Content includes the selection, coordination, and arrangement of such materials. All Content is proprietary to the Company or its licensors and is protected by United States and international intellectual property laws.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content for your personal, non-commercial use only, or for internal business use where expressly permitted as part of a purchased product, service, or program.
Except as expressly permitted, you may not copy, reproduce, distribute, display, transmit, publish, license, sell, sublicense, assign, create derivative works from, or otherwise exploit any Content, in whole or in part, without the Company’s prior written consent. You must retain all copyright, trademark, and other proprietary notices contained in the original Content.
You may not use the Content in any manner that:
Competes with the Company or substitutes for its offerings;
Is likely to cause confusion as to source, sponsorship, or affiliation;
Disparages or discredits the Company or others; or
Infringes or misappropriates intellectual property or proprietary rights.
You are expressly prohibited from scraping, harvesting, compiling, or otherwise extracting Content or user information from the Website or any associated platforms—whether by automated or manual means—for use in databases, datasets, artificial intelligence or machine-learning systems, training materials, or for any commercial or competitive purpose.
You agree not to use the Website for any illegal purpose, to gain unauthorized access to any systems, networks, or content, or in any manner that could interfere with its operation or impair its functionality.
The Company retains all right, title, and interest in and to the Content, including all associated intellectual property rights. No rights are granted to you other than those expressly stated in these Terms.
The Company does not control or endorse content posted by other users and is not responsible for disputes between users. Any claims you may have arising from another user’s conduct must be pursued directly against that user.
Nothing in these Terms restricts your ability to share truthful opinions, reviews, or feedback about your experience with the Company or its services.
SUBMISSIONS & USER-GENERATED CONTENT LICENSE
User-Generated Content. Certain areas of the Website may allow you to submit reviews, comments, images, messages, or other content (“User-Generated Content”). You agree not to submit any content that is unlawful, defamatory, obscene, threatening, harassing, misleading, infringing, invasive of privacy, or otherwise objectionable, or that contains malware, spam, or unauthorized commercial solicitations. You may not impersonate any person or misrepresent the origin of any content.
The Company reserves the right, but not the obligation, to review, moderate, edit, or remove User-Generated Content in its reasonable discretion.
User Generated Content License. You retain ownership of any User-Generated Content you submit. However, by submitting User-Generated Content, you grant the Company a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, display, distribute, modify, adapt, publish, and create derivative works of such content in connection with the operation, promotion, and improvement of the Website, Programs, or Services.
This license includes the right to use your submitted name or username solely in connection with the display or use of the User-Generated Content, unless otherwise agreed.
No confidential, fiduciary, or other special relationship is created by your submission of User-Generated Content, and you acknowledge that such content may be publicly accessible.
This license includes the right to use User-Generated Content, including testimonials or feedback, for marketing, promotional, and advertising purposes, provided such use does not misrepresent the content or the user’s experience.
User-Generated Content will not be used to train artificial intelligence or machine-learning systems unless expressly disclosed and permitted by applicable law.
Representations; Responsibility for Content. You represent and warrant that you own or have the necessary rights to submit the User-Generated Content and that such content does not violate any law or the rights of any third party. You are solely responsible for the content you submit.
You agree to indemnify and hold harmless the Company (and its affiliates, employees, agents, and representatives) from claims arising out of your breach of these representations or your violation of third-party rights. The Company assumes no responsibility or liability for User-Generated Content posted by you or others.
By submitting User-Generated Content or continuing to access or use the Website, you acknowledge and agree that your submissions are subject to the then-current User-Generated Content License applicable at the time of submission.
CONTENT LINKED TO THE WEBSITE
The Company may include links to third-party websites or resources for convenience or informational purposes. The Company does not control, endorse, or assume responsibility for any third-party websites, content, products, or services.
Your access to and use of third-party websites is at your own risk and subject to the terms and privacy policies of those third parties. The Company is not responsible or liable for the availability, accuracy, content, or privacy practices of any third-party sites, nor for any loss or damage arising from your use of or reliance on such sites or resources.
ARTIFICIAL INTELLIGENCE (AI) & AUTOMATED TOOLS
The Company may use artificial intelligence, automated tools, or similar technologies in connection with the creation, delivery, enhancement, or operation of the Website, content, products, or services. Such tools may assist with tasks such as content generation, editing, summarization, transcription, or analysis.
AI-assisted content is provided for informational and educational purposes only and may contain errors, omissions, or inaccuracies. The Company does not guarantee the accuracy, completeness, or reliability of any AI-generated or AI-assisted content, and you remain solely responsible for how you use, interpret, or rely on such content.
You acknowledge that AI tools do not replace professional judgment. Any use of AI-assisted content is at your own risk.
Unless expressly stated otherwise, the Company retains all rights in and to AI-assisted content made available through the Website. You may not use any content provided through the Website, including AI-assisted content, to train artificial intelligence or machine-learning models, create datasets, or develop competing products or services without the Company’s prior written consent.
Nothing in this section alters or expands the Company’s data practices as described in the Privacy Policy.
[OPTIONAL add-ons, below - keep or eliminate as necessary:
For education / legal / medical adjacent content:
AI-assisted content is not professional advice and should not be relied upon as such.
For user-submitted prompts or inputs:
Users are responsible for the legality and appropriateness of any prompts or inputs submitted to AI-assisted tools.
For communities:
AI tools may be used for moderation or content review.
AFFILIATE LINKS & COMPENSATION DISCLOSURE
From time to time, the Company may enter into affiliate or referral relationships with third parties and may include links to third-party products or services on the Website, in email communications, or through other marketing channels. This means that the Company may receive compensation, commissions, or other benefits if you click on such links or purchase products or services through them.
The Company is committed to transparency and discloses affiliate or compensated relationships clearly and conspicuously at or near the point where an affiliate link, endorsement, recommendation, review, or reference is made. Any opinions, reviews, or recommendations expressed are based on the Company’s honest beliefs or experiences, unless otherwise stated.
Where the Company receives compensation, free products, or other consideration in connection with a review, endorsement, or recommendation, that relationship will be disclosed in accordance with applicable advertising, competition, and consumer protection laws and industry standards.
Sharing or recommending a product or service does not guarantee any particular result or outcome, and you are encouraged to conduct your own due diligence before purchasing or relying on any third-party products or services.
CHANGES TO THE WEBSITE & TERMS
The Company reserves the right to modify, suspend, or discontinue the Website, or any part of it, at any time, with or without notice. You agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or any portion thereof. This provision does not apply to any paid products or services governed by separate terms of purchase, except as expressly stated in those terms.
The Company may update or revise these Terms of Use from time to time. When material changes are made, the updated Terms will be posted on the Website with a revised “Last Modified” date. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.
It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you must discontinue use of the Website.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, and representatives from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
your breach of these Terms of Use;
your violation of any applicable law or regulation;
your misuse of the Website; or
your infringement or misappropriation of any intellectual property or other rights of a third party.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to reasonably cooperate with the Company in asserting any available defenses. You may not settle any claim subject to indemnification without the Company’s prior written consent, which shall not be unreasonably withheld.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
The Website and all content, information, materials, and services provided through it are made available on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, or completeness.
The Company does not warrant that the Website or any content will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that defects will be corrected. Your use of the Website is at your own risk.
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or related to your access to or use of (or inability to use) the Website or any content, even if the Company has been advised of the possibility of such damages.
To the extent liability cannot be excluded, the Company’s total cumulative liability to you for any claims arising out of or relating to the Website shall not exceed the lesser of:
(a) the amount paid by you, if any, to access the Website; or
(b) one hundred U.S. dollars (US $100).
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.
MEDICAL, HEALTH & WELLNESS DISCLAIMER
The content provided on this Website, through podcasts, videos, interviews, courses, programs, emails, or other materials offered by the Company is for educational and informational purposes only. It is not intended to diagnose, treat, cure, or prevent any disease, condition, or illness, nor is it intended to be a substitute for professional medical advice, diagnosis, or treatment.
The Company does not provide medical, psychological, psychiatric, or healthcare services. No physician-patient, therapist-client, or other healthcare relationship is created by your use of or reliance on any content provided.
You should not rely on the information provided as a substitute for professional medical advice. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of information obtained through the Company’s content.
Guests, experts, or third parties appearing in interviews or content do so in their individual capacities. Their statements and opinions are their own and do not constitute medical advice or endorsements by the Company.
The Company makes no representations or warranties regarding the accuracy, completeness, or applicability of any health-related information provided. Your use of any information is solely at your own risk.
JURISDICTIONAL LIMITATIONS
The limitations, exclusions, and disclaimers set forth in these Terms apply to the fullest extent permitted by applicable law. To the extent any limitation, exclusion, or disclaimer is not enforceable in your jurisdiction, such provision shall be enforced to the maximum extent permitted and the remainder shall remain in full force and effect.
COMPLIANCE WITH APPLICABLE LAW
The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.
CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the State of Texas.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Website are entitled to the following information pursuant to California Civil Code Section 1789.3:
For any questions or complaints about the Company, our products, services or the Website, please contact us via email at __contact@healnishaeexecutive.com, via written correspondence sent to 21750 Hardy Oak Ste 104 PMB 316555 San Antonio, Texas 78258, or via phone at 726-246-8010. The Company is engaged in the sale of services worldwide and within the USA. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and any applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. The Company reserves the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions that accompany the sale, and on the Order page.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.
DISPUTE RESOLUTION; INFORMAL RESOLUTION REQUIRED & ARBITRATION
1. Informal Resolution Required
Before initiating any formal dispute process, you agree to first contact us via email at _contact@healnishaeexecutive.com_____ with a written description of your concern (“Dispute Notice”). For purposes of these Terms, a “Dispute” means any claim, controversy, or dispute arising out of or relating to these Terms or the Website. You and the Company agree to use best efforts to resolve any Dispute through good-faith, informal discussions for at least thirty (30) days after our receipt of the Dispute Notice. Completion of this informal resolution process is a condition precedent to initiating mediation, arbitration, or litigation, except as provided in Section 5 (Intellectual Property Claims).
2. Mediation
If the Dispute is not resolved informally, the Company may, at its sole election, require the parties to participate in a confidential mediation with a mutually selected, qualified neutral mediator experienced in commercial disputes. Mediation may occur online, by videoconference, by phone, or in-person in San Antonio, Texas. Mediation shall occur within 45 days of the Company’s request unless the parties agree otherwise.
3. Binding Arbitration
To preserve options within the dispute resolution process, either party may elect to pursue an individual claim in small-claims court, where available, in lieu of arbitration, provided the claim qualifies under applicable small-claims court rules.
If the dispute is not resolved through informal resolution or mediation, the dispute shall be resolved by confidential, binding arbitration on an individual basis only, administered by JAMS, under its Streamlined Arbitration Rules & Procedures in effect at the time the arbitration is initiated or, if applicable, its Expedited Arbitration Procedures, as determined by the arbitration provider in accordance with its rules. Arbitration may be conducted remotely by videoconference or based solely on written submissions, unless the parties agree otherwise.
If JAMS is unavailable or unwilling to administer the arbitration, the arbitration shall be administered by another reputable arbitration provider selected by the Company, consistent with the terms of this Agreement.
4. Individual Proceedings; Coordinated Claims
To the fullest extent permitted by law, arbitration proceedings shall be conducted on an individual basis only. The arbitrator shall not consolidate claims or preside over any form of class, collective, representative, coordinated, or mass proceeding.
If multiple similar claims are asserted against the Company by the same or coordinated counsel, the parties agree that resolution shall proceed sequentially, with a limited number of claims selected to proceed first, and all remaining claims stayed pending the outcome of those initial proceedings. The outcomes of the initial proceedings may inform resolution of the remaining claims.
Nothing in this provision authorizes class, collective, coordinated, or mass arbitration.
To the fullest extent permitted by law, the arbitrator—and not any court—shall have exclusive authority to resolve any dispute relating to the interpretation, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this agreement is void or voidable.
5. Intellectual Property Claims (Litigation Carve-Out)
Notwithstanding the foregoing, any dispute, claim, or controversy relating to or arising out of intellectual property rights—including, without limitation, claims involving ownership, validity, scope, infringement, misappropriation, or enforcement of copyrights, trademarks, trade secrets, proprietary materials, or confidential information—may be brought directly in a court of competent jurisdiction, without the requirement to first engage in informal resolution, mediation, or arbitration.
The parties acknowledge that intellectual property disputes are uniquely suited for judicial determination and agree that this carve-out is a material term of this Agreement.
6. Limited Court Actions
Nothing in this Agreement prevents either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, or proprietary rights, or from seeking to compel arbitration, stay proceedings pending arbitration, or confirm or enforce an arbitration award.
7. Fees and Costs
Each party shall bear its own attorneys’ fees and costs, except as otherwise required by applicable law or awarded by the arbitrator or court.
8. Waiver of Jury Trial and Representative Actions
To the fullest extent permitted by law, the parties waive any right to a jury trial and agree that disputes subject to arbitration must be brought in their individual capacities only. If this waiver is found unenforceable as to a particular claim, that claim shall proceed in a court of competent jurisdiction, and all remaining claims shall remain subject to arbitration.
COSTS; BAD FAITH OR ABUSIVE CONDUCT
To the fullest extent permitted by law, the arbitrator or court may, in its discretion, award reasonable attorneys’ fees, arbitration costs, filing fees, or other costs against a party who is found to have brought a claim or engaged in conduct in bad faith, for purposes of harassment, or in a manner that is frivolous, abusive, or without a reasonable basis in fact or law.
Nothing in this provision limits any authority the arbitrator or court may otherwise have under applicable law or procedural rules.
Nothing in this Agreement limits or waives any right to recover attorneys’ fees or costs that may be available under applicable law or statute.
ELECTRONIC COMMUNICATION
When you visit the Website or communicate with us via email, through the Website, via SMS (where permitted by applicable law), or through other electronic means, you are communicating with us electronically. You consent to receive communications from us in electronic form.
We may communicate with you by email, via SMS (where you have provided the required consent and as permitted by applicable law), or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
ENTIRE AGREEMENT
These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between you and us relating to the Website and any matter covered by these Terms and supersede all prior and contemporaneous agreements, representations, understandings or proposals between us. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.
MISCELLANEOUS LEGAL PROVISIONS
No waiver of any provision of these Terms of Use by the Company shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.
The section headings in these Terms of Use are provided for convenience only and shall not affect the interpretation of any provision.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Website.
Nothing in this Agreement limits the Company’s right to comply with governmental, court, or law enforcement requests or requirements relating to your use of the Website or information provided to or collected by the Company. A printed version of these Terms of Use and of any notice provided in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business records maintained in printed form.
If any provision of these Terms of Use is held to be invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
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