- TERMS OF SERVICE
- I. MAJOR PROVISIONS:
- II. COPYRIGHTS & TRADEMARKS:
- III. PRODUCTS
- A. Website Use, Price and Payment Terms. The use of the Website is dependent upon your assent to the terms of this Terms of Service.
- B. Products.
- C. Inspection of Products Upon Receipt.
- D. REFUND AND EXCHANGE POLICY
- E. Use of Website, License.
- III. PRIVACY:
- IV. PROHIBITED ACTIVITIES:
- V. LINKS:
- VI. USER TERMINATION OF SOFTWARE APPLICATION AND SERVICES:
- VII. LOSS OF SERVICES OR DELETION OF ACCOUNT:
- VIII. EXPORT RESTRICTIONS:
- IX. DISCLAIMERS AND LEGAL NOTICES:
- X. CLASS ACTION WAIVER.
- XI. DISPUTE RESOLUTION AND GOVERNING LAW.
- XII. ALL RIGHTS RESERVED.
- XIII. LIMITATION OF LIABILITY:
- XIV. INDEMNIFICATION:
- XV. ASSIGNMENT OF RIGHTS:
- XVI. APPLICABLE LAW AND JURISDICTION:
- XVII. FORCE MAJEURE:
- XVIII. ENTIRE AGREEMENT; NON-SEVERABILITY:
TERMS OF SERVICE
This agreement (the “Agreement”) contains the terms and conditions that apply to your use of the website https://wellnology.com/ (the “Website”) and the subdomains therein, as well as to your purchase(s) from Wellnology, LLC (the “Company”) of products and/or services, including audiovisual programs (collectively the “Products”) sold in the United States and Internationally. Please read these terms and conditions carefully.
To make this Agreement easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. By checking the “I accept” box, you acknowledge that you have read, accept, and agree to comply with the terms and conditions stated in this Agreement. You further agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations or the export and re-export control laws and regulations in your country. If you do not agree to the terms and conditions, you will not be able to complete your transaction.
The Company offers you access to this Website based strictly on the terms contained in this Agreement. By using the Website and services provided on the Website, you signify your assent to these Terms & Conditions. If you do not assent to the Terms or any part thereof, at any time, you should immediately cease using the Services.
The Company may modify this Agreement at any time at its sole discretion. Also, some courses may have different refund policies and terms. Those will be noted in the course description prior to your purchase. Policies found within an individual course description will supersede the policy provided here. Amended terms are effective upon being posted. You should, therefore, review this Agreement from time to time. Your access and use of this Website and/or the placement of an order for any of our Products after the effective date of amended terms means that you have accepted the amended terms. This Agreement cannot be otherwise amended except in a writing signed by both you and the Company.
Effective Date: July 15, 2022
I. MAJOR PROVISIONS:
Company offers Products, consisting of audiovisual programs. Any purchase made by you of a Product provides a non-exclusive, revocable license to use the Product for non-commercial purposes. You are not permitted to make copies, access any underlying code for the Product, or undertake to violate any reversed intellectual property rights.
You may terminate your use of the Website and related services at any time and for whatever reason. You are not obligated to provide notice of termination.
Information is not collected on this Website. Third-party sites are used for payments and Product playback, and does collect Your information. Wellnology LLC does not access Your information collected from third-party sites.
The Website and Products offered on the Website are provided by Company on an “as is” basis and the use of the Product, is entirely at your own risk. There are no representations or warranties of any kind, express or implied, made with respect to the Website, Products offered on the Website or related services.
II. COPYRIGHTS & TRADEMARKS:
All of the content included on the Website, including the text, graphics, videos, logos, icons, designs, screens, and configurations, is the property of the Company or its licensors and is protected by U.S. and international copyright and trademark laws. The compilation, i.e. the collection and arrangement, of all content on the Website is the exclusive property of the Company and protected by applicable copyright laws. All content of the Products sold on this Website, i.e. any text, graphics, images, and designs contained in the audiovisual Products, is the property of the Company or its licensors and is also protected by U.S. and international copyright and trademark laws.
The Company grants you permission to view and use the content and software made available to you on the Site in connection with your use of the Site only. You do not acquire any ownership rights by printing, downloading, otherwise saving any information, or using this Website. Likewise, you do not acquire any ownership rights to the content of the Products purchased from the Company. Any use of the content of the Products or the content on this Website other than for the express intended use of products and services provided, including, without limitation, reproducing, modifying, selling, distributing, transmitting, replicating or public exhibition, in whole or in part, is strictly prohibited. Your purchase of any Product provides you a license to view the Product and does not provide any transfer of any Intellectual Property rights to You.
“WELLNOLOGY”, “POWERED BY WELLNOLOGY”, the WELLNOLOGY shield, and “Wellnology, LLC” and any associated designs are trademarks and service marks of the Company. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Use of the Website does not grant any license or right to use any Trademark displayed on the Website. The Company and its affiliates, subsidiaries, and licensors expressly reserve all intellectual property rights in all text, products, content and all other material that appears on the Website. Accessing the Website does not confer and shall not be construed as conferring any license to the Company’s or any third party’s intellectual property rights.
A. Website Use, Price and Payment Terms. The use of the Website is dependent upon your assent to the terms of this Terms of Service.
As such, you are required to review and assent to the provisions contained in these Terms of Service.
Your total price for the Products will be stated on your order receipt. Terms of payment are within the Company’s sole discretion, and unless otherwise agreed to by the Company, payment must be received by the Company prior to Company’s acceptance of an order. Payment for the Products must be made by credit card, debit card, or some other prearranged payment method. Orders are not binding upon the Company until accepted by the Company, and the Company reserves the right to decline the acceptance of any order, including, without limitation, in the event the price of the Products is a mistake. Prices advertised do not include applicable sales taxes, which will be added to the price you pay based on the applicable state sales tax laws.
If you wish to purchase Products from the Website, you will be directed to a third-party site to supply certain information applicable to the purchase, including credit card and other information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
All billing and personal information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information shall negatively affect your purchase or shipment of your purchase, and constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products that you have requested.
The Company reserves the right, at its sole discretion, to refuse service and/or to terminate a user’s access if the Company believes, in its sole discretion, that a customer’s conduct violates any applicable law or the Terms.
The Company may revise, modify, and discontinue Products, or any content contained within at any time and without notice. Any Product that is discontinued will be available to customers who purchased the Product prior to discontinuance for a period of at least six (6) months. The Products are offered under a non-transferrable license by Company. YOU UNDERSTAND AND AGREE THAT YOU DO NOT HAVE OWNERSHIP RIGHTS IN THE PRODUCT, AND CANNOT TRANSFER, SUBLICENSE, OR OTHERWISE REDISTRIBUTE THE PRODUCT OR YOUR LICENSE.
The Company cannot and does not guarantee the accuracy or completeness of the descriptions of Products displayed on the Site, including, without limitation, prices, product images, content creator biographies, and course descriptions, WITHOUT ANY WARRANTY, and WITHOUT THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. The Website may contain technical inaccuracies and typographical errors.
C. Inspection of Products Upon Receipt.
You must access the Products within three (3) weeks of your purchase. If any Program is unsatisfactory, after viewing at least 10% of the Product but not more than 40% of the Product, you must notify the Company at once. The Company will not consider any claim for refund or exchange more than thirty (30) days from the date of purchase.
D. Refund & Exchange Policy.
The Company may accept a request for refund or exchange of a Product in the event that the Product is unsatisfactory to You, or the Company may, in its sole discretion, exchange the Product. Any refunds or exchanges will be made in accordance with Company’s refund or exchange policies in effect on the date of the exchange. If the Product(s) you purchased from the Company are (1) unviewable due to a technology issue on the part of Company or a third-party vendor of Company; (2) possesses inaccurate information; (3) lacks educational benefit; or (4) there was a clear mistake by the Company when fulfilling your order with respect to the Product ordered, you may cease access of the Product and request a refund or exchange of the Product to the Company up to thirty (30) days from the date of receipt. You must meet the Inspection of Products requirements provided in Section III.C, above, except where there was a mistake in fulfilling the order request. The Company’s refund and exchange policy is limited to the circumstances listed above. NOTE: Some courses may have different refund policies and terms. Those will be noted in the course description prior to your purchase. Policies found within an individual course description will supersede the policy provided here.
To request a refund or exchange of Products, you must contact the Company using the contact form on the website, with the subject line stating “Refunds” to receive a refund or exchange, and include the reason for the requested refund or exchange. The Company reserves the right to refuse to refund or exchange any Product if it determines upon investigation that You did not meet the Inspection of Products requirement, or the request fails to provide a valid reason for the request.
Claims must be made within thirty (30) days of sale.
E. Use of Website, License.
Any software on the Website is distributed WITHOUT ANY WARRANTY, and WITHOUT THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, as discussed below.
The Company does not collect your information at this time. You may be directed to other third-party websites, which may collect your information, and that such use may be subject to the third-part Privacy Policies. Company has no control over any third-party site and makes no warranties or representations with respect to any third-party website.
IV. PROHIBITED ACTIVITIES:
This Website provides you an opportunity to provide feedback and share your ideas. The Company reserves the right to remove any content added by you if it determines, in its sole discretion, that such posts or content is inappropriate in any way.
A. You may not place any content on this Website that, in Company’s sole determination, is:
- Fraudulent, deceptive, dishonest, bad-faith, false, manipulative, or misleading
- Illegal, abusive, or threatening
- Infringing of the copyrights, trade secrets, trademarks, publicity right, or other intellectual property right of others
- Sexually explicit
- Obscene or pornographic
- Defamatory or libelous
- Is or may be harmful to minors
- Infringing upon the personal, private or confidential information of other persons
- Offensive, derogatory, or disparaging
- Spam or phishing
- Otherwise inappropriate, as determined by the Company
B. You may not use this Product if you are under 18 years of age. If we determine that you are a child or minor under 18 years of age, we will notify any third-party site to suspend your access to the Product.
C. You may not use this Website, or any Products on the Website, for any commercial or political advertisements, solicitations or promotions.
D. You may not upload any destructive programs such as viruses and/or self-replicating code or take any other actions to harm this Website, any Product sold on the Website, or any third-party site linked to this Website.
E. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Product, including removal of any intellectual property notices, or restricting access of others to the Product.
F. You may not use any robot, spider, search / retrieval application or other automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent any features or content of the Website or any Product sold on the Website.
G. You may not “mirror” any part of the Product without prior written authorization.
H. The license you are granted to view the product is for your viewing only. You are not permitted to share any links or login information with any other person. Viewing of this product is to be done privately and not in any group setting.
As a convenience, this Website may contain links to other Internet sites that are owned and operated by third parties. By offering you these links, Website is not endorsing any of the other sites and Website has no responsibility for the content of third-party sites. You access linked sites at your own risk. Certain third-party sites will provide payment options, which may require you to supply certain information applicable to the purchase, including credit card and other information. You should review the policies of the third-party sites before submitted any private information.
VI. USER TERMINATION OF SOFTWARE APPLICATION AND SERVICES:
You may terminate your use of Website and related services at any time and for whatever reason. You are not obligated to provide notice of termination.
VII. LOSS OF SERVICES OR DELETION OF ACCOUNT:
The Company reserves the right in its sole discretion to remove or delete any or all material from the Website, and/or to restrict your access to the Website, services, or Product(s).
If you are under 18 years of age, you are not permitted to use the Website or any Product. If the Company determines that a child or minor under 18 the age of has used the Product, the Company reserves the right to notify third-party vendors to suspend access to the Product.
Deactivation of your Account for any reason, including at your request, or a violation of the provisions of these Terms of Service, may result in removal of any posting by you, and notification to third-party vendors to remove all data, and information uploaded or submitted by you, by the Company, or by a third party, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that the Company has no obligation to make a copy, electronic or otherwise, of your submissions or purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
Termination of Service: The Company reserves the right to terminate your access to and use of the Product, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without prior notice to you.
Upon restriction of your access to the Product, or upon your violation of the Terms of Service, your right to use the Website, or any Product sold on the Website and any portions or functions of the Product, will immediately cease.
VIII. EXPORT RESTRICTIONS:
United States export laws and regulations restrict the exportation and/or re-exportation, through downloading or otherwise, into certain embargoed countries, including Cuba, Iraq, Libya, North Korea, Iran, and Syria. By using this Website and/or purchasing Products, you are representing that you are not located in any of the prohibited countries and/or will not be transmitting Products to any of the prohibited countries.
IX. DISCLAIMERS AND LEGAL NOTICES:
A. Website Use, No Warranty. THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” BASIS AND THE USE OF THIS WEBSITE, AS WELL AS THE PURCHASE OF PRODUCTS FROM THIS WEBSITE, IS ENTIRELY AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR SOLD ON THIS WEBSITE, OR THE CONTENT OF ANY PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT, AND INFORMATIONAL CONTENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WEBSITE OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. This Section shall survive any termination of this Agreement. Company reserves the right to modify its warranty at any time, in its sole discretion. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you.
B. Content of Website and Products. THE CONTENT OF THIS SITE, SOME OF WHICH HAVE BEEN OFFERED IN COLLABORATION WITH OTHER BUSINESSES, ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY CONDITION OR DISEASE. They contain opinions, ideas and anecdotes from its authors and is intended to provide inspirational, aspirational and informational resources regarding the subjects it addresses. These are the views and opinions of the Creators alone and have not been verified, approved or endorsed by the Company. The Company strives to provide accurate information and Programs containing accurate information based on available research, education and practice over the years. As information within healthcare is constantly being updated and refined, you understand that new research and information may come available, thus making some information outdated or inaccurate. Additionally, many of the Creators’ opinions are subject to interpretation. You understand that neither this site nor its content is intended as a substitute for consultation with a licensed practitioner. Because of the rate with which conditions change, you acknowledge the Creators reserve the right to alter and update their opinion based on the new conditions. While every attempt has been made to verify the information provided in this website and the Programs offered on the website, the Company does not endorse or assume any responsibility for errors, inaccuracies or omissions. Any misrepresentations of people or organizations are unintentional.
The Company disclaims any and all responsibility for injury, damage or loss that the reader may incur as a direct or indirect consequence from following any suggestions within this site, Programs offered on the site, workbooks, guides, books, websites or any other materials related to the Products offered on the website. If you have a health concern, please consult with your own medical physician, chiropractic doctor or other appropriate healthcare provider regarding our suggestions and recommendations.
The use of these resources implies your acceptance of this disclaimer.
C. AFFILIATE DISCLAIMER. Some of the links and resources may be affiliate links, which means that the Company and/or third-party affiliates may earn commissions if you choose to buy from that vendor or supplier. Company and/or third-party affiliates may also receive discounts or compensation on products recommended, with the recommendations based on the product or service and fir for an intended purpose and not based on commission amounts.
X. CLASS ACTION WAIVER.
Any legal action under this Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
XI. DISPUTE RESOLUTION AND GOVERNING LAW.
A. Binding Arbitration. YOU UNDERSTAND THAT THIS PROVISION LIMITS YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. If the Parties are unable to resolve a Dispute through informal negotiations, either Party may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration in Tampa, FL. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, as provided in Section (b), and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, either Party may litigate in court to compel arbitration, stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
B. This Agreement shall be deemed to have been made in the State of Florida and its validity, construction, performance and enforcement shall be governed by the laws of the State of Florida, without regard to any principles of choice of law.
C. Rights Cumulative. Except as otherwise specifically set forth in this agreement, all rights, options and remedies in this agreement shall be cumulative and none of them shall be in limitation of any other remedy, option or right available to Company or to you.
XII. ALL RIGHTS RESERVED.
This site may not be modified or altered, in whole or in part, in any form whatsoever, electronic, or mechanical, including photocopying, recording, or by any informational storage or retrieval system without express written, dated and signed permission from the Company.
XIII. LIMITATION OF LIABILITY:
NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES, AFFILIATES, LICENSORS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, AS WELL AS ANY LOST PROFITS, LOSS OF BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF WEBSITE OR THE SERVICES OR TRANSACTIONS THROUGH THIS WEBSITE, THE PURCHASE OR USE OF ANY PRODUCTS AND/OR SERVICES ON THIS WEBSITE, OR THE INABILITY TO GAIN ACCESS TO THIS WEBSITE. YOU AGREE THAT, IN NO EVENT SHALL COMPANY OR ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES BE LIABLE, AND YOU RELEASE ALL SUCH PERSONS FROM ANY LIABILITY, DIRECTLY OR INDIRECTLY, TO YOU FOR ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE PURCHASE AND USE OF THE PRODUCTS AND/OR SERVICES THROUGH THIS WEBSITE REGARDLESS OF WHETHER SUCH LOSS, DAMAGE, LIABILITY OR EXPENSE RESULTS DIRECTLY OR INDIRECTLY FROM COMPANY NEGLIGENCE. IN ANY EVENT, COMPANY’S LIABILITY TO YOU IS LIMITED TO THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. This Section shall survive any termination of this Agreement. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify the Company and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss by reason of, in any way relating to, or arising out of: (a) your use of this Website and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information arising out of or relating to your use of this Website; and (c) any violation of this Agreement.
XV. ASSIGNMENT OF RIGHTS:
You agree that the Company may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that the Company will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
XVI. APPLICABLE LAW AND JURISDICTION:
This Agreement shall be construed and governed by the laws of the State of Florida, United States of America and not by the application of choice of law principles or the laws of any other state or country. You agree that the federal and state courts located in Manatee County, Florida shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from this Agreement and each of the parties irrevocably submits to the jurisdiction of such courts.
A printed version of this agreement shall be admissible in any judicial and/or administrative proceedings based upon or relating to this agreement or your use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form by the Company.
XVII. FORCE MAJEURE:
The Company will not be liable in any amount for failure to perform under this Agreement if such failure is caused by power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of the Company.
XVIII. ENTIRE AGREEMENT; NON-SEVERABILITY:
This Agreement constitutes the entire agreement between you and Website and supersedes all prior agreements and understandings, whether written or oral, with respect to the subject matter of this Agreement. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction or other authority to be invalid, void, unenforceable or against public Agreement, the remainder of this Agreement shall remain in full force and effect and the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties.