Terms of service.
General
Agreement between User and www.thewiseandwell.com
Welcome to www.thewiseandwell.com. The www.thewiseandwell.com website (the "Site") is comprised of various web pages operated by The Wise & Well. www.thewiseandwell.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.thewiseandwell.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.thewiseandwell.com is a Blog Site.
The purpose of this website is to create an enriching experience that will facilitate the adoption of new habits that will positively impact the health and wellness of our community.
Disclaimer: As a health and wellness coach, I am not providing healthcare, medical, or nutritional therapy services or attempting to diagnose, treat, prevent, or cure any physical, mental, or emotional issue.
The information provided on this website is for informational purposes only and is not intended to substitute professional medical advice, diagnoses, or treatment. Always seek advice from your physician or other qualified healthcare provider before undertaking a new health regimen.
Do not disregard medical advice or delay seeking medical advice because of information you read on this website. Do not start or stop any medications without speaking to your medical or mental health provider.
All information on this website is for informational purposes only, does not constitute medical advice, and does not establish any kind of patient-client relationship.
Please note that I can’t take any responsibility for the results of your actions, and any harm or damage you suffer as a result of the use, or non-use of the information available on this website. Please use judgment and conduct due diligence before taking any action or implementing any plan or practice suggested or recommended on this website.
Please note that I don’t make any guarantees about the results of the information applied on this website. I share educational and informational resources that are intended to help you succeed in improving your overall health and well-being. You nevertheless need to know that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond my knowledge and control.
In addition, I do not provide any services that would be covered by Medicare. Only statutorily uncovered fitness and wellness services are available to Medicare recipients. If at any point in time during your coaching program you became qualified to receive services covered by Medicare, I would have to postpone your future sessions and refer you to a Medicare-contracted provider.
Privacy
Your use of www.thewiseandwell.com is subject to The Wise & Well's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.thewiseandwell.com or sending emails to The Wise & Well 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 Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Wise & Well is not responsible for third party access to your account that results from theft or misappropriation of your account. The Wise & Well and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
The Wise & Well does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.thewiseandwell.com only with permission of a parent or guardian.
Cancellation/Refund Policy
I have held nothing back in creating this program for you and I am here to support you every step of the way. Because I want you to experience the amazing results possible in this program, once the program materials have been sent out, there are no refunds. I have created this policy so that we are both accountable for your success. If you have any questions about the program, I want to make sure to answer them before you sign up. Please email me any questions at info@thewiseandwell.com, so we can make sure this is a good fit for you.
Should you need to reschedule a coaching session, you may do so by providing 48 hours notice in advance of your session and making up the session within a week of the originally scheduled date. Sessions not cancelled 48 hours in advance will not be eligible for make-ups. It is important that you prioritize this work to receive the full benefit of your coaching package.
Links to Third Party Sites/Third Party Services
www.thewiseandwell.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Wise & Well and The Wise & Well is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Wise & Well is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Wise & Well of the site or any association with its operators.
Certain services made available via www.thewiseandwell.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thewiseandwell.com domain, you hereby acknowledge and consent that The Wise & Well may share such information and data with any third party with whom The Wise & Well has a contractual relationship to provide the requested product, service or functionality on behalf of www.thewiseandwell.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.thewiseandwell.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Wise & Well that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
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 Site, is the property of The Wise & Well 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 Site. The Wise & Well content is not for resale. Your use of the Site 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 personal use, and will make no other use of the content without the express written permission of The Wise & Well 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 Wise & Well or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your The Wise & Well account to third party accounts. By connecting your The Wise & Well account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by The Wise & Well from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Wise & Well Content accessed through www.thewiseandwell.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless The Wise & Well, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Wise & Well reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Wise & Well in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE WISE & WELL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE WISE & WELL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE WISE & WELL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WISE & WELL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE WISE & WELL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
The Wise & Well reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Wise & Well as a result of this agreement or use of the Site. The Wise & Well's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Wise & Well's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Wise & Well with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Wise & Well with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Wise & Well with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Wise & Well reserves the right, in its sole discretion, to change the Terms under which www.thewiseandwell.com is offered. The most current version of the Terms will supersede all previous versions. The Wise & Well encourages you to periodically review the Terms to stay informed of our updates.
The Wise & Well welcomes your questions or comments regarding the Terms:
Email Address:
info@thewiseandwell.com
Effective as of April 01, 2022