Terms and conditions
HOLISTIC LIFESTYLE SYSTEMS INC.
Terms of Service
Last Updated: March 2021
- Description of the Services. Holistic Lifestyle provides the Services to you upon your purchase of such Services. Services are non-transferrable by you, may only be used by you, and will expire twelve (12) months after you purchase such Services. The Services may include the following offerings: (a) “Whole Being” Services, which is a group coaching program purchased through this Website and made available through the Holistic Lifestyle’s Facebook group; (b) “Whole Transformation”, which is a group coaching session purchased and accessed by you through this Website; and/or (c) “One-on-One Coaching”, which is individual coaching sessions purchased and accessed by you through the Website and is offered in blocks of ten sessions each. More information about each of the Services and other Services that may be made available by us from time to time are set forth on the Website. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Holistic Lifestyle and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only access or use the Services under the direct guidance and supervision of a parent or guardian who has accepted the Agreement on your behalf. If you are under 13 years of age you may not use the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with the Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are receiving the Whole Being Services, you further agree to comply with Facebook’s then-current terms and conditions and other rules applicable to your participation in a Facebook group.
The Website and/or the Services may include advertisements, which may be targeted to the content or information of the Website and/or the Services, queries made through the Website and/or the Services, or other information. The types and extent of advertising on the Website and/or Services are subject to change. In consideration for Holistic Lifestyle granting you access to and use of the Website and/or Services, you agree that Holistic Lifestyle and its third-party providers and partners may place such advertising on the Website and/or Services or in connection with the display of content or information from the Website and/or Services whether submitted by you or others.
- Scheduling Services. Once you have scheduled a session of the Services, you may reschedule such session up to 24 hours before the scheduled session without penalty. If you do not attend a session that has not been rescheduled as described in the preceding sentence, you forfeit the fees for such session and you will not be permitted to reschedule such session.
- Payment for the Services. Fees applicable to the Services and information about purchasing and paying for the Services is set forth on the Website. When you purchase the Services, you will be redirected to our third-party payment provider, who will process your payment for the Services. Information that you provide to such third-party payment provider, such as your credit card number and contact information, will be collected by such third-party payment provider and will be subject to the privacy, data collection practices and other terms and conditions of such third-party payment provider. We have no responsibility or liability for the acts or omissions of such third-party payment provider. You are financially responsible for all purchases of the Services made by you and for all taxes, duties and other charges associated with such Services. Once you pay for the Services, such fees are non-refundable.
- Passwords. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your account with us. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
- Our Rights. All right, title, and interest in and to the Services, the Website and any content available on or through the Services (other than User Content) are and will remain the exclusive property of Holistic Lifestyle and its licensors and coaches and other personnel. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries and constitute our proprietary, confidential information. Your use of the Services and the content contained therein is limited to your personal use, and you may not disclose or share the Services and the content contained therein with others. We reserve all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Holistic Lifestyle or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- RestrictionsOn Your Use Of The Website and/or the Services. We reserve the right at all times (but do not have an obligation) to suspend and/or terminate users or reclaim usernames without liability to you. You may not do any of the following while accessing or using the Website and/or the Services: (a) access, tamper with, or use non-public areas of the Website and/or the Services, our computer systems, or the technical delivery systems of our providers; (b) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Website and/or Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions); (d) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website and/or the Services to send altered, deceptive or false source-identifying information; (e) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website and/or the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Website and/or the Services; (f) use any content from the Website and/or provided in connection with the Services for use by more than you; (g) restrict or inhibit any other user from using and enjoying the Website and/or the Services; (h) use the Services and/or the Website to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (i) use the Website and/or the Services to instigate or encourage others to commit illegal activities or cause injury or property damage to any person; (j) obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website and/or the Services; (k) use the Website and/or the Services to post or transmit any unlawful, threatening, abusive, libelous, harassing, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (l) use the Website and/or the Services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (m) use the Website and/or the Services to post or transmit any information, software or other material that contains a virus or other harmful component; (n) use the Website and/or the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising; (o) use the Website and/or the Services to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; (p) gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website and/or the Services.
- Termination. The Terms will continue to apply until terminated by either you or us as follows. You may end your legal agreement with us at any time for any reason by deactivating your accounts and/or discontinuing your use of the Services. In order to deactivate your account, please contact us at firstname.lastname@example.org. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Website the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections of these Terms that by their terms are intended to survive termination. You are not eligible to receive a refund for prepaid but unused Services. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice, as provided above.
- Disclaimers, LimitationsOf Liability and Indemnity. Please read this section carefully since it limits the liability of Holistic Lifestyle and its related companies, officers, directors, employees, agents, coaches, representatives, partners, and licensors (collectively, the “Holistic Lifestyle Entities”). This Section 10 only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this Section 10 may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
(a) In providing the Services and the Website, you acknowledge that we are not physicians and are not providing you with medical advice. You are solely responsible for verifying the accuracy of any content on the Services and the Website. Your use of the Services is at your own risk. You expressly acknowledge that we will not be liable for any consequences that arise or that are related to your use of the Services or any content of the Services and/or the Website. Your access to and use of Website and/or the Services, including any content on the Services and/or the Website, are at your own risk. You understand and agree that the Website, the Services and any content thereon are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE HOLISTIC LIFESTYLE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Holistic Lifestyle Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services and/or the Website; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services and/or the Website, or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services and/or the Website; (iv) whether the Services and/or the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) any advice or information you receive through the Services and/or the Website; and (vi) any injuries or harm you or a third party incurs as a result of information or advice received through the Services and/or the Website. No advice or information, whether oral or written, obtained from the Holistic Lifestyle Entities or through the Services and/or Website, will create any warranty not expressly made herein.
(b) The Services and/or Website may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Holistic Lifestyle Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HOLISTIC LIFESTYLE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND/OR THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES AND/OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES AND/OR THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
(d) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HOLISTIC LIFESTYLE ENTITIES EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM OR $100.00 USD, WHICHEVER IS GREATER.
(e) THE LIMITATIONS OF THIS SECTION 10 SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HOLISTIC LIFESTYLE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(f) To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Holistic Lifestyle Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (i) your failure to comply with the Agreement; (ii) your use of any documents, information, advice, recommendation or contents found on the Services and/or the Website; (iii) any representation by you that any content on the Services and/or the Website constitutes legal advice; and (iv) any activity in which you engage on or through the Services and/or the Website.
If you have any questions about these Terms, please contact us.
For questions, issues, or to speak with someone regarding these matters please contact email@example.com