Disclaimer – Transcending Pain

Disclaimer / Terms of Use / Policies

Disclaimer

All information found on this website is for educational purposes only. It is not intended to, nor should be used to, diagnose, treat, prescribe, cure, or prevent any disease, health condition, or illness. The information provided is not a substitute for professional care. Should you suspect you may have a medical or psychological issue, please consult a healthcare professional in that given field. Transcending LLC (Transcending Pain) provides information on mind-body issues and healing techniques. However, the content is not intended to serve as a substitute for professional healthcare advice or treatment. Individual results may vary, and Transcending LLC cannot guarantee effectiveness. By using this website, you agree to the privacy and cookie policy of this website and GreenGeeks hosting. Personal information collected could include information about your browser, network, and device; web pages you’ve visited previously or while using this website, your IP address, activity on this webpage. By using this website, you assume the risks that may be associated with internet use to include virus or malware, and you do not hold Transcending LLC responsible. Transcending LLC provides informational resources only, does not endorse any products, and does not hold the same opinions of these resources. NEVER DISREGARD PROFESSIONAL HEALTHCARE ADVICE OR DELAY SEEKING CARE BECAUSE OF INFORMATION YOU ENCOUNTERED ON THIS WEBSITE. Transcending LLC (Company) is not a licensed medical institution, nor employs licensed healthcare providers. Company publishes information for educational purposes only. None of these materials or content have been approved by the Food and Drug Administration, the Federal Trade Commission, or any other government agency. You understand that the information provided is not designed or intended to offer emergency medical care or response services. Transcending LLC (Company) offers general information about a non-medical process that has been effective in helping some people in alleviating chronic symptoms. Please note: the information included in the process may not be appropriate for your specific health situation. Company does not give medical advice or opinions on medical conditions, treatments or cures; and you should not rely upon anything in the process or process materials as a preventive, cure, or treatment for any purposes. Any information in the process or process materials that appears in the form of an opinion, recommendation, preventive, cure or treatment should NOT be taken as medical or other advice even if it may appear to you as such. Company recommends you check with a licensed physician who is familiar with the details of your particular situation before you begin employing any of the suggested tools. Your health is your responsibility. Your use of this information is your choice and will be at your own risk. The concepts shared are not intended to offer you all information about maintaining a healthy mind and body. There are many options and alternative courses of action that may be equally or more beneficial to you. Depending upon your specific health situation, the information shared may be detrimental to your health. Exploring all of the options and alternatives is your responsibility. Transcending LLC (Company) will not be liable for any injury, harm or death you or others may suffer as a result of the use or attempted use of ideas shared. Company will not be liable for any indirect, consequential, special, incidental or punitive damages related to your decision to employ the tools suggested. Check with your medical provider before employing the Transcending LLC approach or suggested tools.

The following Terms of Use are entered into by and between You and Transcending LLC / Transcending Pain (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.kimguillory.com, including any content, functionality and services offered on or through www.transcendingpain.com (the “Website”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes To the Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Website Disclaimer

Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Accessing The Website And Account Security

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

No Unlawful Or Prohibited Use And Intellectual Property

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.

For Educational And Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

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 As To Results

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.

Email And Other Electronic Communications

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 pleased 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.

Use Of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog 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.

Materials Provided To The Website

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 “Submissions”). 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.

Links To Third Party Websites And Services

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators. Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

Use Of Templates And Forms

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms 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 templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use. By ordering or downloading Forms, you agree that the Forms 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.

Use of Paid Courses, Programs, and Associated Material

The Company from time-to-time 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 “Freemium 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 Freemium Content in any manner. By downloading the Freemium Content, you agree that the Fremium 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 Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

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.

SMS Messaging Policy
By providing your phone number and opting-in on any of our website forms, scheduling pages, checkout pages, or lead capture forms, you consent to receive SMS text messages from us for customer support, reminders, requested information, event notifications, and other service-related purposes. Message frequency may vary based on the type of engagement and your communication preferences. Message and data rates may apply. Your consent to receive SMS messages is not a condition of purchase. You may opt out at any time by replying STOP to any message we send. After you reply STOP, you will no longer receive SMS messages from us. If you need additional assistance, reply HELP or contact us through our website support email. We do not share, sell, rent, or disclose your phone number to third parties for marketing purposes. We only send SMS messages to individuals who have voluntarily opted in and confirmed their number directly with us. By submitting any form on our site that includes a phone number field and checkbox consent, you are agreeing to this SMS policy along with our general Terms of Service and Privacy Policy.

Messaging Terms of Service
By providing your phone number and opting-in on any of our website forms, scheduling pages, checkout pages, or lead capture forms, you consent to receive SMS text messages from us for customer support, reminders, requested information, event notifications, and other service-related purposes. Message frequency may vary based on the type of engagement and your communication preferences. Message and data rates may apply. Your consent to receive SMS messages is not a condition of purchase. You may opt out at any time by replying STOP to any message we send. After you reply STOP, you will no longer receive SMS messages from us. If you need additional assistance, reply HELP or contact us through our website support email. You may rejoin messages by sending REJOIN. We do not share, sell, rent, or disclose your phone number to third parties for marketing purposes. We only send SMS messages to individuals who have voluntarily opted in and confirmed their number directly with us. By submitting any form on our site that includes a phone number field and checkbox consent, you are agreeing to this SMS policy along with our general Terms of Service and Privacy Policy. We send customer support messages, program reminders, scheduling confirmations, educational insights, and requested information to contacts who have explicitly opted in through Transcending LLC (Transcending Pain) website or forms. You can cancel the SMS service at any time. Simply text “STOP”. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@transcendingpain.com. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our privacy policy.

Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages. Delivery of SMS messages can be affected by carrier networks, device settings, network traffic, and external factors outside of our control. You understand and agree that we are not responsible for any delays, missed messages, or failed delivery of text messages. The receipt of SMS messages is not guaranteed and is dependent on your mobile carrier and mobile device.

Compliance with Industry Standards
We adhere to all applicable industry guidelines, best practices, and carrier requirements related to SMS communications. We follow CTIA guidelines and comply with all relevant federal and state regulations, including the Telephone Consumer Protection Act (TCPA). We only send text messages to individuals who have provided explicit consent, and we maintain strict internal processes to protect consumer privacy, data accuracy, and responsible message sending practices.

Legal Compliance Note
All SMS communications are sent in accordance with applicable law, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and other relevant federal/state regulations. By choosing to receive SMS messages from us, you acknowledge and agree that you have read and understand these compliance terms and consent to receive text messages within the guidelines outlined above.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

-Delete your personal information from our records; and
-Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
-Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
-Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
-Debug to identify and repair errors that impair existing intended functionality;
-Exercise free speech, ensure the right of another consumer to exercise his or her rightof free speech, or exercise another right provided for by law;
-Comply with the California Electronic Communications Privacy Act;
-Engage in public or peer-reviewed scientific, historical, or statistical research in thepublic interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
-Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
-Comply with an existing legal obligation; or
-Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Privacy Policy
Transcending Pain, Transcending LLC, and “Company/we/us” are used interchangeably. Protecting your private information is our priority. This Statement of Privacy applies to transcendingpain.com and Transcending LLC coaching services and governs data collection and usage. This Privacy Policy pertains to Transcending LLC. For the purposes of this Privacy Policy, unless otherwise noted, all references to Transcending Pain or Transcending LLC includes transcendingpain.com. The Transcending Pain website is a business site. By using the Transcending Pain website, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered on our Site, Company may collect personally identifiable information, such as your: First and Last Name, Phone Number, or E-mail Address. We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

Company collects and uses your personal information to operate its website(s) and deliver the services you have requested. We may also use your personally identifiable information to inform you of other products or services available from Transcending Pain and its affiliates.

Sharing Information with Third Parties

Company does not sell, rent or lease its customer lists to third parties. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Transcending Pain, and they are required to maintain the confidentiality of your information. Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Company or the site; (b) protect and defend the rights or property of Company; and/or (c) act under exigent circumstances to protect the personal safety of users of Company, or the public. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Tracking User Behavior

Company may keep track of the websites and pages our users visit within Company, in order to determine what Company services are the most popular. This data is used to deliver customized content and advertising within Company to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by Company. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Company website.

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.