Please read these Website Terms of Use carefully. By accessing or using this website, you agree to these terms. If you do not agree, please do not use the website.
1. About these Terms
These Website Terms of Use ("Terms") govern your access to and use of flourishbydesignliving.com and its pages, content, publications, resources, features, and links (collectively, the "Website"). The Website is owned and operated by Flourish By Design LLC ("Flourish by Design™," "we," "us," or "our"). "You" and "your" mean each visitor to or user of the Website.
These Terms apply to the Website. Coaching services, programs, speaking engagements, workshops, consulting arrangements, and other paid services may also be governed by a separate agreement, informed consent, proposal, order form, checkout terms, or platform terms. If a separate written agreement conflicts with these Terms regarding a specific service, the separate agreement controls for that service.
2. Eligibility and responsible use
You must be at least 18 years old and legally capable of entering into a binding agreement to purchase products or services through the Website. By using the Website, you represent that you meet these requirements.
You agree to use the Website only for lawful purposes and in a way that does not interfere with the Website, compromise security, violate the rights of others, attempt unauthorized access, introduce malicious code, scrape or harvest data, impersonate another person, or use the Website or its content to develop or train a competing commercial product or service without our written permission.
3. Educational and informational purpose
The Website and its content are provided for general educational and informational purposes. Content may address whole-person well-being, flourishing, leadership, purpose, habits, reflection, stress awareness, restoration, and related topics. It is not individualized medical, nursing, mental-health, psychological, nutritional, legal, financial, or other licensed professional advice.
Using the Website, subscribing to communications, downloading a resource, purchasing a self-guided product, or contacting Flourish by Design™ does not create a clinician-patient, therapist-client, attorney-client, fiduciary, or other professional treatment relationship. A coaching relationship is created only through the applicable enrollment process and written coaching agreement.
Do not disregard, delay, or replace advice from a qualified healthcare or other licensed professional because of information on the Website. Consult an appropriate professional about your individual circumstances. If you believe you are experiencing a medical or mental-health emergency, call 911 or your local emergency service immediately.
4. Coaching is not healthcare or psychotherapy
Sheri L. Testani is a registered nurse, board-certified nurse executive, board-certified advanced holistic nurse, and board-certified health and wellness nurse coach; however, services identified as coaching are provided solely in a non-clinical coaching capacity. Although Ms. Testani holds a nursing license, she is not acting as your nurse and does not provide nursing services, nursing care, medical care, or any regulated health-profession services through coaching. Nothing in the coaching relationship constitutes, or should be understood as, the practice of nursing or the provision of medical, nursing, or clinical advice.
The coaching relationship does not create a nurse-patient, physician-patient, therapist-patient, or other clinical treatment relationship. Flourish by Design™ does not diagnose, prescribe, treat disease, alter medications, or direct anyone to disregard advice from a licensed treating professional.
You are responsible for consulting a qualified healthcare professional before changing medications, nutrition, exercise, sleep practices, supplements, or other health-related routines, particularly if you have a medical condition, are pregnant, or are under specialized care. Information and resources shared through coaching are educational and must be evaluated in light of your personal circumstances and professional guidance.
Urgent or emergency needs: Flourish by Design™ is not an emergency or crisis service. If you believe you may harm yourself or another person, or you are experiencing a medical emergency, call 911 or go to the nearest emergency department. In the United States, you may also call or text 988 for crisis support.
5. No guarantee of results
Flourish by Design™ cannot and does not guarantee any particular personal, professional, health, financial, leadership, organizational, or other outcome. Results vary and depend on many factors, including your circumstances, choices, participation, and follow-through. Testimonials and examples describe individual experiences and are not promises of what another person will achieve.
6. Purchases, payments, and separate service terms
Prices, descriptions, availability, and payment options displayed on the Website or a connected checkout page are subject to change before purchase. You agree to provide accurate and current billing and account information and authorize the applicable payment processor to charge the payment method you select.
Purchases may be processed through third-party platforms. Their terms and privacy practices also apply to your use of those platforms. We do not directly receive or store complete payment-card information when a third-party payment processor handles the transaction.
Refunds, cancellations, rescheduling, installment obligations, expiration dates, and service-specific conditions are governed by the terms presented at checkout and any applicable written agreement. Nothing in these Terms limits any non-waivable right or remedy available to you under applicable law.
7. Digital products and downloadable materials
When you purchase or receive a digital product, publication, workbook, guide, recording, reflection tool, or other downloadable material, Flourish by Design™ grants you a limited, revocable, nonexclusive, nontransferable license to use the material solely for your personal, noncommercial use, unless different written license terms are provided.
You may not copy, publish, sell, teach, distribute, sublicense, alter for commercial use, upload to a shared repository, share access credentials for, or use the material to train an artificial-intelligence system without prior written permission. Purchase does not transfer ownership of intellectual-property rights.
8. Intellectual property and trademarks
The Website and its original content—including text, frameworks, publications, curricula, tools, graphics, logos, photographs, audio, video, downloads, design elements, and arrangement—are owned by or licensed to Flourish By Design LLC and are protected by copyright, trademark, and other applicable laws.
Flourish by Design™, Nourish to Flourish™, Flourish Foundations™, The Flourishing Journey™, associated logos, names, taglines, and other brand identifiers may not be used in a manner that suggests affiliation, endorsement, sponsorship, ownership, or permission without prior written authorization.
You may share a standard link to a public Website page when the link is lawful, accurate, does not imply endorsement, and does not frame or alter the Website. Any permitted quotation must be brief, properly attributed, and otherwise compliant with applicable law.
9. User communications and submissions
If you send an inquiry, feedback, suggestion, testimonial, or other non-confidential submission through the Website, you represent that you have the right to send it and that it does not violate law or another person's rights. Do not submit confidential health information, emergency communications, or sensitive personal information through ordinary Website contact or newsletter forms.
We may use feedback and suggestions to improve our offerings without obligation to compensate you. We will not publicly use your name, likeness, testimonial, or identifiable story for promotional purposes without permission or another lawful basis.
10. Third-party websites, tools, and services
The Website may link to or integrate with third-party services, including scheduling, coaching-platform, videoconferencing, payment-processing, email, social-media, community, and digital-delivery services. These services are operated independently and may have their own terms, privacy policies, accessibility practices, security measures, and availability.
Links are provided for convenience and do not necessarily constitute endorsement. To the extent permitted by law, Flourish by Design™ is not responsible for third-party content, conduct, products, services, security, or availability. Review the terms and privacy practices of any third-party service you choose to use.
11. Website availability and accuracy
We work to present useful and accurate information, but the Website may contain errors, omissions, outdated information, or technical interruptions. We may update, correct, suspend, withdraw, or change Website content, features, products, prices, or availability at any time without notice, subject to applicable law and any existing written agreement.
We do not warrant that the Website will be uninterrupted, error-free, secure, or free from harmful components. You are responsible for maintaining appropriate device, browser, security, and backup protections.
12. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." FLOURISH BY DESIGN LLC DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
Some jurisdictions do not allow certain warranty exclusions. In that event, these exclusions apply only to the extent permitted by applicable law.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOURISH BY DESIGN LLC AND ITS OWNER, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITY, GOODWILL, OR USE; OR DAMAGES ARISING FROM RELIANCE ON WEBSITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR A CLAIM ARISING SOLELY FROM YOUR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID DIRECTLY TO FLOURISH BY DESIGN LLC FOR THE WEBSITE-RELATED PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT, OR ONE HUNDRED U.S. DOLLARS ($100). This limitation does not apply to liability that cannot lawfully be limited or excluded.
14. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Flourish By Design LLC and its owner, officers, employees, contractors, agents, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising from your unlawful misuse of the Website, your violation of these Terms, or your infringement of another person's rights. This section does not require you to indemnify any party for conduct for which indemnification is prohibited by law.
15. Suspension and termination
We may restrict, suspend, or terminate access to the Website or its features if we reasonably believe you violated these Terms, threatened security, infringed rights, or engaged in unlawful or harmful conduct. Provisions that by their nature should survive termination—including intellectual property, disclaimers, limitations of liability, indemnification, and governing law—will survive.
16. Privacy
Our Privacy Policy explains how we collect, use, disclose, and protect personal information associated with the Website. By using the Website, you acknowledge that you have had an opportunity to review the Privacy Policy. If a third-party platform collects information from you, that platform's privacy policy also applies.
17. Changes to these Terms
We may revise these Terms from time to time. The updated version will be posted on this page with a revised effective date. Changes apply prospectively unless applicable law requires otherwise. Your continued use of the Website after updated Terms become effective constitutes acceptance of the revised Terms.
18. Governing law and venue
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles, except to the extent federal law applies. Any legal action relating to these Terms or the Website must be brought in a court of competent jurisdiction located in Michigan, unless applicable consumer law provides otherwise.
19. General provisions
If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, reorganization, sale of assets, or operation of law.
These Terms, together with the Privacy Policy and any applicable written transaction or service terms, constitute the entire agreement concerning your use of the Website and supersede prior discussions about that subject.
20. Contact us
Questions about these Terms may be sent to:
Flourish By Design LLC
Email: info@flourishbydesignliving.com
Website: https://flourishbydesignliving.com