TERMS OF SERVICE

Wellness Design Group (“WGD”, “us” or “we”), owns and operates this website (“Site”). These Terms of Service (“Terms”) constitute a legally binding agreement made by and between WDG and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”). The Terms govern your use of WDG and the services we make available (“Services”).

 

By accessing or using any part of the site or services, you agree that you have read, understood and agreed to be bound by these terms, which contain an arbitration agreement, a waiver of class-action rights, and liability limitations. If you do not agree to be so bound, you may not access or use the site or any services.

 

If you have any questions about these Terms, please contact us by email.

 

1.GENERAL

 

Eligibility. To use the Site you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site. 

 

  • License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. WDG reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.

  • Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a)copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer,decompile, tamper with or disassemble the technology used to provide the Service or Site(except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or Site; (g) collect information about users of the Service, the Site, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, orregulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Site.

 

Privacy Policy. WDG’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms.

 

2. HEALTHCARE DISCLAIMER

WDG services are not intended to diagnose, treat, or cure any psychological or medical condition. WDG, its staff and the content-providers are not licensed medical care or healthcare providers and are not rendering personal medical and/or psychological advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical or mental health conditions of any kind, or in determining the effect of any of the services, specific exercise or nutritional or dietary supplements on a medical condition. Our site and services may include information and instruction relating to healing and nourishment of overall well-being, including, but not limited to, private health coaching, nutritional and dietary suggestions, and personal exercise and fitness training, such topics are for informational purposes only. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services:

 

  • Nothing contained on the site or services offered by WDG should be construed as any form of such medical or mental health advice, diagnosis or substitute for professional consultation (i.e., advice, diagnosis, or treatment). You are urged and advised to seek the advice of a mental health professional, physician and/or registered dietitian or nutritionist for any medical condition. WDG's services may not be right for every person and makes no commitments or guarantees of any kind that any part of the services will meet your requirements or expectations.

  • Physical training activities, in all of its forms and with or without the use of equipment (i.e., classes may include blocks, straps or any other equipment that may be suggested by the instructor), is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician or health and fitness professional before beginning any physical exercise regimen, routine, or program through the services. WDG with respect to any physical activities, all comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while in the class. By using the services, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental capabilities of such activities. It is your responsibility to ensure that by participating in classes and activities from WDG, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for mental or physical conditions and/or limitations you may have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition.

  • Without limiting any other terms herein, you expressly waive and release any claim that you may have at any time for injury of any kind against owl, or any person or entity involved with WDG, including without limitation its founder, coaches, designers, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives to extent permitted by applicable law.

 

3. TERMS OF SALE

The following terms apply to your purchase of the services offered on the Site (“Services”).

 

  • Services Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.

  • Availability and Pricing. WDG reserves the right to change the prices and available Services at any time. Quantities of some Services may be limited and stock cannot always be guaranteed. Services offered for sale on this Site are for sale only in the United States and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

  • Purchasing Services. The display of Services on the Site invites you to make us an offer to buy the Services. Your order is an offer to buy the Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before finalizing in the event of inaccuracies, errors, Services unavailability, or for any other reason.

  • Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Service is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.

  • Returns. We do not allow returns or substitutions of Products. All sales are final.

  • Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Service support materials, or if you are otherwise unhappy with any Service, please contact us. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion. 

  • Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at anytime by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.

  • Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise,federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

  • Personal Use Only. Services are for your personal use only. You agree not sell or resell any services you purchase. Except where prohibited by law, we may limit the quantity of Services available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.


 

4. CONTENT CONTRIBUTIONS TO WELLNESS DESIGN GROUP

Any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content that you submit or post to the Site or otherwise provide to us are referred to as “UserContent”. The following terms apply to User Content:

 

  • License to WDG. By sharing, submitting or uploading any User Content, you grant WDG a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt,translate, modify, reverse-engineer, disassemble and create derivative works from your UserContent in any manner existing now or created in the future. Subject to the license above,you retain ownership of User Content.

  • Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights,including any “moral rights,” that you have to prevent us from exploiting the rights granted in Section. 

  • Right to Name and Likeness. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.

  • Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant WDG the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of thisUser Content or WDG’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

  • No Obligations Regarding User Content. We will not have any obligation to hold any User Content in confidence or compensate you or anyone else for its use. We have the right to remove or edit any User Content for any reason or no reason at all.


 

5. WARRANTIES; DISCLAIMER

  • No Warranties. The Site and Services are provided “As Available” and “As Is”, the fullest extent permitted by law, with no representation or warranties of any kind. WDG disclaims to the fullest extent permitted by law all warranties, express, implied, and statutory, including all warranties title and non-infringement. This provision is not intended to disclaim liability that we may not disclaim under applicable law. 

  • Use Of This Site Is At Your Own Risk. WDG does not represent or warrant that the Site, Services, or emails sent to you will not be interrupted, error-free, secure, free of viruses, or other harmful code or that all information will be accurate or complete. You agree that your use of the Site shall be at your sole risk and that you will be solely responsible for any damage to your hardware or loss of data that results from the download of material or data. WDG makes no representation, warranty, guarantee or promise that the Site or Services will meet your requirements or achieve any particular results. WDG will not be responsible for any third-party content or services on the site, any links to third-party websites or any third-party websites. WDG makes all disclaimers in this paragraph on behalf of itself and its licensors and service providers. 

  • No Responsibility For Third-Party Materials. WDG does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any website featured or linked to through the site, and WDG will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. WDG will not be liable for the offensive or illegal conduct of any third party. You voluntarily assume the risk of harm or damage the foregoing. The foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law. 

  • Your Rights May Vary. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may have other rights which may vary from state to state or in other jurisdictions. 



 

6. LIMITATION OF LIABILITY

  • NO CONSEQUENTIAL DAMAGES. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL WDG, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “WDG” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, OR SERVICES, EVEN IF OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE.OWL WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.

  • OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.

  • YOUR RIGHTS MAY VARY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.

  • Data. You are responsible for creation, storage, and backup of your data and records.These Terms and any registration for or subsequent use of this Site or the Services will not be construed as creating any responsibility on OWL’s part to store, backup, retain, or grant access to any information or data for any period.

 

7. INDEMNITY

You agree to defend, indemnify and hold harmless WDG, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any purchase of service or transaction on this Site; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d)arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Site or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense.You may not settle any such claim without our express written consent.


 

GENERAL TERMS

  • Force Majeure. Under no circumstances shall WDG or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

  • No Waiver; Severability. No waiver of any term of these Terms will be binding unless inwriting, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of WDG to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

  • Miscellaneous. These Terms (and all policies, terms and conditions referenced herein)constitute the entire agreement between you and WDG and govern your use of the Site, andServices provided by WDG, and supersede any prior agreements between you and WDG on the subject matter. You also may be subject to additional terms that may apply when you use certain WDG services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. TheseTerms, and any rights or licenses granted hereunder, may be assigned or delegated by WDG without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of WDG. A party’s failure or delay in exercising any right,power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future nor will any single or partial exercise of any right power or or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership,joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including,without limitation,'' unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.

  • Use Outside the United States of America. The Site is controlled and offered by WDG from the United States of America. WDG makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.

  • Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by email, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: