Wellness Within Reach Terms and Conditions
THESE TERMS AND CONDITIONS (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CLIENT”) AND WELLNESS WITHIN REACH, LLC (“WE,” “US” OR “COMPANY”), THE OWNER AND OPERATOR OF THE WELLNESS WITHIN REACH WEBSITE (“THE “SERVICES”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE PRIVATE AND GROUP COACHING, CLASSES, SERVICES, EVENTS, RETREATS AND/OR OTHER PROGRAMS. BY ACCESSING AND USING THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES. COMPANY RESERVES THE RIGHT TO AMEND OR CANCEL THIS AGREEMENT AND CEASE PROVIDING YOU ACCESS TO SERVICES AT ANY TIME, FOR ANY REASON.
By signing up for an Account (defined below) to use the Services, you represent, acknowledge and agree that you are at least 18 years of age.
SECTION 1 – CHANGES TO TERMS; PERSONAL INFORMATION/PRIVACY
1.1 – Changes to the services
Company may add to, change or remove any part of the Services, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
1.2 – Personal Information/Privacy
SECTION 2 – ACCOUNT AND PASSWORDS; LICENSE
2.1 – Account and Passwords
In order to use the Services, you must sign up for an account with us (an “Account”). In order to obtain and maintain an Account, you must provide up-to-date information to us (“Account Information”), including: (i) Services compliant username, (ii) Services compliant password, (iii) name and contact information (including current mobile phone number with text messaging abilities and valid email address), (iv) credit card payment information and authorization, and (v) other information that may be required by us from time to time. Failure to keep Account Information up to date may result in your inability to access the Services.
You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your Account. You agree not to share your password, let anyone else access your password or Account or do anything else that might jeopardize the security of your password or Account. You may not assign your Account. You agree to notify Company if there is any unauthorized use of your password or Account on the Services or if you know of any other breach of security in relation to the Services.
2.2 – License to use Services; Prohibitions
Subject to your compliance with this Agreement, Company hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed on the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.
You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Services, or to any server of Company or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (d) track or seek to trace any information on any other person who visits the Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Services or Content.
SECTION 3 – USE OF SERVICES
3.1 – Payment and Pricing
You understand that by agreeing to purchase sessions provided through the Services at the prices advertised in the Services, you authorize us to charge your designated credit card on file in your Account (or a secondary credit card or payment method, if the designated credit card payment fails) for the associated fees for those services (the “Charges”). After each Charge is made to your credit card, you will receive a receipt via the email address in your Account. All sales for Credits are final and nonrefundable; we may offer Credits for sale at varying prices, in varying packages and at varying times, and you agree (i) that changes in prices or offers from time to time will not affect your or our rights in previously purchased Credits, or entitle you to a refund of any kind and (ii) you agree to purchase the Credits on the terms advertised in the Services at the time of purchasing the Credits.
3.2 – Refund/Cancellation Policy
You may reschedule or cancel a session by providing at least twenty-four (24) hours’ notice through the website, or other prior agreed-upon method and such cancellations will result in a refund of the Credit associated with that session to your Account. In no circumstance will a rescheduling or cancellation of a session result in a monetary refund. A Reschedule or Cancellation within the twenty-four (24) hour window will incur a 15% fee. If you cancel a session with less than twenty-four (24) hours’ notice, you will incur a 15% fee of that session. If you cancel four (4) or more sessions (except for cancellations for a Justified Reason, as defined below), with or without twenty-four (24) hours’ notice, in any twelve (12) month period, we may terminate your rights to use the Services without monetary refund for any unused Credits.
Not withstanding the foregoing, if you decide to cancel a session for a Justified Reason (as defined below), and we determine that the circumstances qualify as a Justified Reason, you will receive a Credit of 100% for the cancelled session/class. A “Justified Reason” means any time a client cancels a session for any of the following reasons:
- The Coach or Instructor(s) is more than ten (10) minutes late to a session;
- The Coach or Instructor(s) shows up to a session intoxicated;
- The Coach or Instructor(s) commits a crime against a client;
- The Coach or Instructor(s) sexually harass a student;
- The Coach or Instructor(s) use foul or offensive language during a session;
- The Coach or Instructor(s) does any unsafe act during a session;
- The Coach or Instructor(s) intentionally or accidentally, damage any property during a session;
- The Coach or Instructor(s) does or allows any other act or omission that would cause a reasonable person to request the session discontinue.
3.3 – Payment Methods
Company accepts credit card payments only. You agree to pay all fees charged to your account based on Company’s fees, charges, and billing terms in effect as shown on the payment page when you confirm any purchases through the Services. All sales and payments will be in US Dollars.
3.4 – Identification
You agree that Coaches or Instructors may require you to present identification confirming that you are the Account holder of the Account that requested the session, and that failure to provide required identification may result in the Coach or Instructor cancelling the session and your loss of payment or credit for that session. Further, a Coach or Instructor may require any of your invitees in a group session to provide identification prior to accepting their liability waivers required for participation in the group session.
3.5 – Your Conduct
You agree not to cause any nuisance, harass any Coach or Instructor, or otherwise act offensively towards a Coach or Instructor. Failure to conduct yourself as required by this Agreement may result in the Coach or Instructor cancelling the session and your loss of payment or credit for that session and may result in us terminating your access to the Services without refund.
3.6 – Contact with You
You agree that we may contact you about your use of the Services, including coordinating a Coach or Instructor’s arrival at the chosen session location, through (i) the Services themselves, (ii) your email address on file, (iii) your mobile phone number on file (via text message or phone call, including automatic phone calling systems), and (iv) any other contact information you have provided to us. Notwithstanding the foregoing, you may opt out of receiving text messages from us at any time by requesting to opt out through the Services.
3.7 – Device
You shall be solely responsible for having a mobile device or other digital device compatible with the Services (a “Device”), and for any payments or fees required to keep the Device operational (including internet access and associated data usage fees). We reserve the right to modify the compatibility requirements for Devices to access the Services in our sole and absolute discretion.
SECTION 4 – PROPRIETARY RIGHTS
You hereby acknowledge and agree that Company or its licensors own all legal rights, title and interest in and to the Services and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist.
Wellness Within Reach is a trademark of Company in the United States. Other trademarks, names and logos on the Services are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on the Services, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Company, Copyright ©2020 Wellness Within Reach, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
SECTION 5 – DISCLAIMER OF WARRANTIES
THE SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. COMPANY, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OF THE SERVICES, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SERVICES, CONTENT, PRODUCTS OR MEMBERSHIPS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND CONTENT.
THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY PERSON ON BEHALF OF COMPANY SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.
NOTHING IN THIS SECTION 5 SHALL EXCLUDE OR LIMIT THE COMPANY PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 6 – LIMITATION OF LIABILITY
IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE) WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, A COMPANY PARTY IS FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR CONTENT, THE RELEVANT COMPANY PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID COMPANY THROUGH THE SERVICES; AND (B) THE SUM OF TWO HUNDRED FIFTY US DOLLARS (US$250).
NOTHING IN THIS SECTION 8 SHALL EXCLUDE OR LIMIT ANY COMPANY PARTY’S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH COMPANY PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 7 – DISPUTE AND ARBITRATION; CLASS ACTION WAIVER; CHOICE OF LAW
7.1 – Dispute and Arbitration; Class Action Waiver Please read this carefully. It affects your rights.
Most client concerns can be resolved quickly and to a client’s satisfaction by writing to our customer service department at firstname.lastname@example.org. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO COMPANY’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services provided or billed to you whenever you also assert claims against us in the same proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.
We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 7.2 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor Company has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
All disputes relating in any way, directly or indirectly, to Company for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Arlington, Virginia, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the laws of the Commonwealth of Virginia, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
7.2 – Choice of Law
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration proceedings must be in Austin, Texas. Any court proceedings relating to this Agreement must be in the state courts of Travis County, Texas or the Federal District Court of the Austin Division, Western Division sitting in Austin, Texas. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
8 – ELECTRONIC COMMUNICATIONS; GENERAL TERMS
8.1 – Electronic Communications
Whenever you use our Services or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (using your email address provided to us in the Account), by posting notices on our Services or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
8.2– General Terms