Wellness Lifestyle at Home Terms and Conditions of Service

 

Effective Date: January 1, 2021

 

1.1 THIS AGREEMENT (“AGREEMENT” OR THE “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“YOU” OR “YOUR”) AND Wellness Lifestyle at Home, LLC. (HEREINAFTER “WLAH,” “WE”, “US” OR “OUR”) THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR ACCESS TO AND USE OF WWW.WELLNESSLIFESTYLEATHOME.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY WLAH (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY WLAH SOFTWARE, INCLUDING ANY WLAH MOBILE APPLICATIONS (THE “APP(S)”) OR OTHER SERVICES OFFERED BY WLAH, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME A (COLLECTIVELY, THE WEBSITE(S), APP(S) AND SERVICES ARE REFERRED TO AS “SERVICE(S)”). BY USING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR AGREEMENT TO BE BOUND BY THESE TERMS, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. YOU ARE NOT PERMITTED TO USE THE SERVICE IF YOU DO NOT AGREE TO THESE TERMS. THESE TERMS CAN BE CHANGED, MODIFIED, SUPPLEMENTED, AND/OR UPDATED BY Wellness Lifestyle at Home, LLC 

 

1.2 YOU MAY SUBSCRIBE TO WELife Membership. AS A WELife MEMBER YOU WILL HAVE THE OPPORTUNITY TO SAVE ON PRICING FOR MONTHLY MASSAGES, AND YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF ONE MONTH OR ONE YEAR, DEPENDING ON THE SUBSCRIPTION TERM OPTION YOU CHOOSE, AT WELife’s THEN-CURRENT SUBSCRIPTION FEES FOR SUCH SERVICES, UNLESS YOU OPT OUT OF THE AUTO-RENEWAL OR TERMINATE YOUR SUBSCRIPTION IN ACCORDANCE WITH THE TERMS HEREIN.

 

1.3 Why should you read these Terms? These terms create a legally binding agreement between you and us. By accessing or using the Site, you are accepting this Agreement and agreeing to use the Services in accordance with the terms and conditions in this Agreement. Some of our Services may have additional rules, policies, and procedures. Where such additional terms apply, we will make them available for you. A copy of this Agreement may be downloaded, saved and printed for your reference.

 

1.4 You confirm that you can enter the Agreement. As a condition of your use of the Services, you confirm and warrant to us that you meet the eligibility requirements set out in Section 4.3 and have the right, authority, and capacity to enter into this Agreement or, if you are under the age of majority in your jurisdiction of residence, you have obtained the consent of your parent or legal guardian to this Agreement.

 

1.5 What to do if you don’t want to accept these terms? If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.

 

2 Information about Wellness Lifestyle at Home, LLC and contact details

 

2.1 Who we are? Wellness Lifestyle at Home, LLC. is a company registered in Florida, USA.

 

2.2 Where we are based? Our registered office is at 1422 Wilks Ave, Belle Isle, Florida. 32809.

 

2.3 How to contact us. You can contact us by writing to us info@wellnesslifestyleathome.com or calling us at, ………

 

2.4 How we may contact you? If we have to contact you, you agree we may do so by telephone call, text message or by email to the number and/or address you provided when you registered or updated an Account or that you used to communicate with us. You agree that we may use automatic telephone dialing equipment and other technology in connection with these communications.

 

2.5 Electronic Communications. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you consent to receiving notices, disclosures, agreements, terms, conditions, amendments and other communications from WLAH in an electronic form and agree that such electronic communications will have the same legal effect and satisfy the same legal requirements that such communications would satisfy if they were made “in writing” in a physical document. The foregoing does not affect your statutory rights.

 

3 Changes to the Site and these Terms

 

3.1 We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by WLAH at any time. Those changes will go into effect on the effective date shown in the revised agreement. If we change this Agreement, we will give you notice by posting the revised agreement on the applicable website(s) or app(s) and/or by sending an email notice to you using the contact information provided by you. Therefore, you agree to keep your contact information up-to-date and that notice sent to the last email address you provided shall be considered effective. We also encourage you to check this Agreement from time to time to see if it has been updated.

 

3.2 We may require you to affirmatively acknowledge the updated Agreement before further use of the Services is permitted. However, by continuing to use any Services after the effective date of any modifications to this Agreement, you agree to be bound by such changes. If the modified terms are not acceptable to you, please cease using the Services.

 

4 Service Description and Participation/Account Creation/Eligibility/CBD Massage/Referrals and Promotions

 

4.1 Service Description and Participation. WLAH provides an online platform and virtual marketplace that allows individuals to make purchases of WLAH-branded merchandise, and connects Wellness Professionals and massage therapists (“Therapists”) with individuals (“Individual Customers”) or businesses (“Corporate Customers”) that want to purchase and/or receive “on demand” massage therapy, together herein referred to as (“Customers”). As a user of the Services (including a Therapist or a Customer), you agree to provide us with complete and accurate information (if requested) and to update such information to keep it accurate, current and complete, including with regard to payment information. By purchasing such Services and providing payment information, you represent that you are authorized to utilize the payment method presented and agree to pay the specified fee for Services, including any method offered or used through an online or mobile application. Furthermore, you agree and authorize us to, from time to time, and to the maximum extent permitted by law: (i) submit a transaction using the card information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or yearly basis) for membership renewals, (iii) if necessary, obtain updates from card issuers, card networks or other payment service providers for card numbers or other information provided to us, (iv) if necessary, charge you, in a prorated manner (including with regard to cancellation of Services, for which you may not be entitled to a full or complete refund), in accordance with the particular fee terms for the Service you are purchasing when a recurring basis transaction is at issue, and (v) if necessary (and applicable) bill your mobile carrier or others via a mobile application if you authorize us to do so. You understand that any personal information you provide or that we collect through our Services is subject to WLAH 

 

4.2 Account Creation. In order to access certain features of the Website and Apps and to use certain Services, you may be required to register to create an account (“Account”). In connection with setting up your Account with WLAH, we may supply you with or enable you to create a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your Account and agree to be responsible for maintaining the security of your password and user identification. You agree to immediately notify WLAH of any unauthorized use of your user identification or password or any other breach of security. You can delete your Account at any time, for any reason, by calling WLAH at …….…

 

4.3 Eligibility. Persons under 13 are prohibited from providing personal information on our Websites or via our Apps. If you are under the age of majority in your jurisdiction of residence, you may use the Services only with the consent and involvement of your parent or legal guardian. Make sure that you review this Agreement with your parent or guardian so that you both understand all your rights and responsibilities. If you are under the age of majority in your jurisdiction of residence, you represent and warrant that you have obtained the consent of your parent or legal guardian to this Agreement.

 

4.4 CBD Massage. We offer CBD massage as a menu option. All CBD in the topical lotions and oils used by massage therapists are hemp-derived, contain less than 0.3% tetrahydrocannabinol (THC), and are therefore non-intoxicating. The CBD topical lotions and oils used by WLAH massage therapists are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease, illness, or health condition. The CBD products used by massage therapists have not been approved by the Food and Drug Administration (FDA) for any indication, including safety and efficacy.

WLAH makes no representations that the products or services available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed. To the best of WLAH’s knowledge, it operates legally under both state and federal law in the United States; however, it is the responsibility of the Customer to be aware of the laws and regulations of all applicable state, local jurisdictions and international jurisdictions relating to hemp-derived products. You may only place an order to purchase our CBD products or CBD massage in accordance with the laws of the US and any applicable international jurisdiction in which you will use or ship the product.

 

4.5 Referral Rewards. Subject to any additional terms and conditions we may establish for our Referral Rewards Program, we may from time to time offer promotional rewards for referring new users that are denominated at our sole discretion in either free massage minutes or as dollars off discounts on the price of future massage services. Referral rewards are promotional in nature, cannot under any circumstances be transferred or redeemed for cash, Massage Cards or any cash equivalent and may expire prior to your use. The total aggregate discount value of any referral rewards you earn that are denominated as dollars off discounts may not exceed six hundred dollars ($600) of massage discount value and the total aggregate value of any referral rewards you earn that are denominated in massage minutes may not exceed six hundred (600) massage minutes.

 

4.6 Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Each benefit may only be redeemed once per Account. Promo Codes for duplicate benefits will be voided. Only Promo Codes sent to you through official WLAH communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.

 

4.7 Reservation of Rights. We reserve the right to withhold or deduct benefits obtained through the use of Promo Codes by you or any other user in the event we determine or form a suspicion that the use or redemption of the Promo Code or the provision of any benefit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any related discount or other promotional value in your Account to obtain Services, no further promotional value will be issued for any reason, including but not limited to, dissatisfaction with the Services.

 

4.8 Promotional Discounts. From time to time, WLAH may offer promotional discounts when you purchase a massage series or complete other transactions associated with a promotional offer. Such promotional discounts may only be available in certain jurisdictions and only a limited quantity of promotional discounts may be available during any single promotional period. Promotional discounts are nontransferable, nonrefundable, not for resale, and not redeemable for cash or Massage Cards. Promotional discounts may expire before their use and are subject to any additional terms and conditions we may publish in connection with a particular promotional offer.

 

5 Acceptable Use

 

5.1 You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to WLAH.

 

5.2 If you are a Therapist or Customer, you agree not to attempt to contact each other directly to discuss or arrange for the delivery of massage therapy or related products or services outside of the Services for a period of 6 months after the date of your last use of the Services, except as may be permitted by this Agreement or WLAH in writing.

 

5.3 When you use the Services, you agree that you will not:

1. violate this Agreement or any WLAH rules regarding use of the Services;

(b) violate any law or regulation (and you shall comply with all applicable laws and regulations);

(c) breach any agreements you enter into with any third parties;

(d) violate, infringe, or misappropriate WLAH’s or any third party’s intellectual property, privacy, publicity, or other legal rights;

(e) engage in any behavior that is abusive, harassing, indecent, profane, obscene, hateful or otherwise objectionable, including sexual misconduct;

(f) stalk, harass, or harm another individual;

(g) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services or in connection with WLAH;

(h) impersonate any person or entity or perform any other similar fraudulent activity;

1. harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users or alter transmission data;

(j) collect, distribute or gather personal or aggregate information, including Internet, e-mail or other electronic addresses, about WLAH’s customers or other users;

(k) upload, post, e-mail or otherwise transmit any material that constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial electronic message;

(l) use any means to scrape or crawl any Web pages or Content contained in the Websites or Apps (although WLAH may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and WLAH reserves the right to revoke these exceptions either generally or in specific cases);

(m) attempt to circumvent any technological measure implemented by WLAH or any of WLAH’s providers or any other third party (including another user) to protect the Websites or Apps; to the extent permitted by applicable law, attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or

(n) advocate, encourage, or assist any third party in doing any of the foregoing.

 

6 Safety Acknowledgement

 

6.1 For anyone who is pregnant, nursing, taking medication, has allergies, or has a medical condition, WLAH advises consulting with a physician before booking a CBD massage. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.

 

7 Medical-Related Disclaimers

 

7.1 THE CONTENT AND INFORMATION MADE AVAILABLE THROUGH SERVICE, INCLUDING MATERIALS, (COLLECTIVELY, THE "CONTENT") ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE. 

7.2 WLAH DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY WLAH OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.

7.3 THE SERVICE IS CONTINUALLY UPDATED AND WLAH MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. WLAH MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS. 

7.4 YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE OR BY ANY PROVIDER TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW. THE SERVICE ARE NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

7.5 ALTHOUGH WLAH PROVIDES INFORMATION ABOUT VARIOUS PROVIDERS ON THE SERVICE, WLAH DOES NOT RECOMMEND ANY OF THE PROVIDERS AND DOES NOT PROVIDE THE SERVICES RENDERED BY SUCH PROVIDERS. WLAH REQUESTS COPIES OF PROVIDERS' LICENSES, CERTIFICATIONS AND OTHER BACKGROUND INFORMATION, BUT WLAH DOES NOT AND CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION-GATHERING OR THAT A PARTICULAR PROVIDER IS QUALIFIED TO PERFORM ANY GIVEN SERVICE; AND IT IS SOLELY THE RESPONSIBILITY OF EACH WLAH MEMBER, AND NOT WLAH, TO DETERMINE WHETHER A GIVEN PROVIDER IS QUALIFIED AND CAPABLE OF RENDERING SERVICES. FURTHER, WLAH DOES NOT AND CANNOT GUARANTEE THAT ITS IDENTITY VERIFICATION PROCESSES (WHETHER OF WLAH MEMBERS OR PROVIDERS) ARE ACCURATE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WLAH DISCLAIMS ANY LIABILITY ARISING OUT OF A WLAH'S FAILURE TO ACCURATELY VERIFY THE IDENTITY OF A WLAH MEMBER OR PROVIDER. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS' PERSONAL PROPERTY AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE SERVICE.

8 Purchases, Payments, Cancellation and Rescheduling

 

8.1 Booking Treatments. As a condition of being permitted to make appointments with Providers through the Service, WLAH Members agree with the following terms for all appointments booked on the Service.

 

8.2 Treatments Booked Through the Service. WELife Members understand that Providers are highly trained, certified and licensed (where applicable under relevant state law) and specialize in massage therapy, personal training, assisted stretch, yoga, mindfulness, and other health and wellness techniques. WLAH does not tolerate any requests deemed sexual or inappropriate in nature. Users reported for inappropriate behavior will be immediately removed from the Service. WLAH Members agree that Treatments are for therapeutic purposes only and should not be used if the person who will receive the Treatment is on any medication that would be expected to weaken bone structure and/or connective tissue or lead to enhanced bleeding; have edema due to chronic heart failure or kidney failure; have an inflammatory condition in the acute stage; have acute phlebitis and/or deep venous thrombosis; have had an acute trauma or recent surgery; are in the first trimester of pregnancy; or where Treatment is otherwise contraindicated. A WLAH Member who uses the Service to book a Treatment on his or her own behalf should consult a physician if uncertain as to whether a Treatment is appropriate for such WLAH Member, and a WLAH Member who uses the Service to book a Treatment on behalf of a third party should encourage that third party to do the same.
b. Prices. The fees listed on the Service are the standard fees for the listed service, which WLAH may change at any time in its sole discretion by so posting on the Service. In addition, fees for services provided by a Provider may vary depending on a variety of factors such as length, day, time, or location of appointment. The fee you are ultimately charged is the "Fee."
c. No Liability. To the fullest extent permitted by law, WLAH will not have any liability whatsoever for any of the services provided by Providers. Providers bear sole liability for all of the services provided, including those services that are booked through the Service.
d. Exclusive Booking through WLAH. In order to receive pre-negotiated rates with Providers, WLAH Members agree that once a WLAH Member has made an appointment with a Provider through the WLAH Network, all subsequent appointments with the Provider will be made through WLAH, for as long as: (i) the Provider is an active participant in the WLAH Network, and (ii) the WLAH Member continues to keep its account with WLAH active and in good standing.
e. Responsibility for Payment. You will be charged the Fee following your receipt of a Treatment by a Provider. You agree to pay to WLAH all Fees, whether or not you dispute the amount of the charge or the quality or nature of the services provided. You acknowledge that Treatments obtained through the Service in all likelihood will not be covered services under your benefit plan, the Medicare program, a state Medicaid program, or any health insurance plan whether government-sponsored or private. You acknowledge and agree that WLAH will not file any claims with your insurance benefit plan, the Medicare program, a state Medicaid program, or any other third party medical benefits program, and that the services you receive from or through WLAH may not be eligible for reimbursement under such plans. You acknowledge, understand and agree that when using the Service, you may be responsible for standard phone, data and messaging charges from your wireless carrier. Under no circumstances will WLAH be responsible for any wireless email, data, phone, or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address.
f. Cancellations. If you cancel before your scheduled Treatment, then WLAH may charge you a cancellation fee, which will be set forth in the Cancellation Policy.
g. Dispute Resolution. Although WLAH retains the right to mediate any dispute between you and a Provider, all disputes between you and such Provider must ultimately be resolved between you and the Provider directly. All sales booked through the Service are final and WLAH provides no refunds, except as determined in WLAH’s sole discretion. For avoidance of doubt, WLAH will not refund you for any reason if you receive a Treatment, except as determined in its sole discretion. If you engage in conduct deemed inappropriate or unsafe by a Provider, as determined in the Provider’s sole discretion, including, but not limited to, making inappropriate requests, engaging in inappropriate touching, or the Provider perceives a threat to his/her safety or well-being, and such conduct results in a Provider ending the Treatment prior to the end of the allotted time, WLAH will not refund you. 

 

9 E-commerce and Wellness Lifestyle at Home Store. 

 

9.1 WLAH offers a curated list of products from various partners, and additional terms may apply. When you purchase an item from the WLAH store, you are also subject to the guidelines, terms, and agreements applicable to the manufacturer or distributor of that product. Depending on the product purchased, the manufacturer or distributor may handle the return, refund, recall, or exchange. Click on the specific terms of use below for each specific manufacturer or distributor: 

 

1. Hyperice Technologies, Inc: 

2. https://hyperice.com/terms-conditions/

 

10 Consent to Electronic Communications

 

10.1 Consent to Electronic Communications. By using the Service or providing Personal Information (as defined in the Privacy Policy) to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at memberservices@wellnesslifestyleathome.com.

10.2 SMS Text Messages and Push Notifications. When you register with WLAH, WLAH will send you an SMS text message containing a 4-digit code in order to verify your phone number and will send SMS text messages and push notifications ("Messages and Notifications") in order to keep you informed about the Service. For example, WLAH will send you a text message to confirm or remind you of your Treatment appointment. By using the Service, you agree to receive Messages and Notifications regarding your use of the Service. SMS text messages are for informational purposes only. While Messages and Notifications are intended to enhance your use of the Service, you may (i) disable push notifications on your device, and/or (ii) text "STOP" to GO-WLAH or 877-GET-WLAH to remove yourself from our text message database.

10.3 If you wish to remove yourself from any list (other than as set forth in Section 7.b), please email us with an "OPT-OUT", "UNSUBSCRIBE", "STOP" or "REMOVE" in the subject line.

10.4 Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold WLAH liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of WLAH, and that WLAH is not responsible for any failure of warranty by any such third party.
10.5 WLAH cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier's service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.

11 Content Submitted to Wellness Lifestyle at Home, LLC

 

11.1 By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, "Materials"), or by posting such Materials to any area of the Service, you grant WLAH and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent; provided further, that if you are a Provider, the use of certain Materials (for example, your biography, photo, and other information to associate with your profile on the Service) will be as set forth in the Provider Agreement. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. WLAH may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any user. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will WLAH and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.

11.2 The opinions expressed on the Service by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of WLAH. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact WLAH immediately at www.wellnesslifestyleathome.com so that we can consider its editing or removal.

11.3 You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or 

slander, defame, or libel any other person; 

(iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.

11.4 Sending Messages. The Service may allow Providers and WLAH Members to exchange messages ("Messages") with each other. Sending Messages is a privilege, not a right, and WLAH may terminate such privileges of any user at any time and for any reason, without any liability to such user. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to ****help@wellnesslifestyleathome.com****. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that WLAH may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sub-licensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as WLAH may deem appropriate in its sole discretion.

12 Contests. 

 

12.1 WLAH may provide contests on the Service. The rules, regulations, and procedures governing such contests ("Contest Rules") will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.

 

13 Term and Termination

 

13.1 The term of these Terms (the "Term") will commence on the date on which you first access or utilize the Service in any way (the "Effective Date") and will continue so long as you continue to access or utilize the Service; provided that WLAH reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms including, without limitation, the suspension or termination of the user's access and/or account, or blocking the user from access to the Service. WLAH may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, WLAH reserves the right at all times to disclose any information as WLAH deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WLAH's sole discretion.

13.2 Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.d, 3, 4, 5.e, 9.a, 10, 12.b, 13, 14, 15, 16, 17, 18, 19, 21 - 29. Payments by you, which accrue or are due before termination of your Massage WELife Membership, will continue to be payable by you, and amounts owed to WLAH at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.

14 Ownership

 

14.1 Proprietary Information. You acknowledge and agree that: (i) the Service, including, without limitation, any Content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, "Proprietary Information"), is owned by WLAH and its licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of WLAH; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.
b. Trademarks. You acknowledge that WLAH has acquired, and is the owner of, trademark rights in the name and word mark "WelLife"Ⓡ and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or WLAH's ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you will inure exclusively to the benefit of WLAH. All marks shown on the Service but not owned by WLAH are the property of their respective owners.

15 Disclaimer of Warranty

 

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. YOU ACKNOWLEDGE THAT, BECAUSE OF THE NATURE OF THE INTERNET, MOBILE NETWORKS, AND THE DEVICES WHICH ACCESS THE INTERNET AND/OR MOBILE NETWORKS, THE SERVICE MAY NOT BE ACCESSIBLE WHEN NEEDED, AND THAT INFORMATION, DATA, AUDIO AND VIDEO TRANSMITTED OVER THE INTERNET AND/OR MOBILE NETWORKS MAY BE SUBJECT TO INTERRUPTION OR THIRD PARTY INTERCEPTION AND MODIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, WLAH DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF WLAH, ITS AFFILIATES OR SERVICE PROVIDERS, WLAH'S CONTENT PROVIDERS AND/OR THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES NOR THE EMPLOYEES, AGENTS AND/OR CONTRACTORS (COLLECTIVELY, THE "WLAH PARTIES") WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICE. WLAH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF CONTENT AND INFORMATION ACCESSED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF THE RESPECTIVE CONTENT IS AT YOUR SOLE RISK.

15.2 You acknowledge that any information you obtain from Providers comes from those individuals, and not from WLAH, and that WLAH, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, WLAH disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.

16 Limitation of Liability

 

16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, EACH USER IS SOLELY RESPONSIBLE FOR (I) HIS OR HER USE OF THE SERVICE, AND (II) ANY DAMAGES INCURRED BY HIM OR HER OR ANY THIRD PARTY THAT ARISE FROM OR ARE RELATED TO THE SERVICE. THE AGGREGATE LIABILITY OF THE WLAH PARTIES FOR ANY DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, WILL BE LIMITED TO ACTUAL DAMAGES PROVED, AND NOT TO EXCEED THE AMOUNT PAID BY YOU TO WLAH FOR THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, NONE OF THE WLAH PARTIES WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WLAH OR ITS CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE WLAH PARTIES WILL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES; COSTS OR DAMAGES OF ANY KIND INCURRED OR SUFFERED BY YOU AS A RESULT OF SERVICES PROVIDED BY ANY OF THE PROVIDERS ACCESSED THROUGH THE SERVICE.

16.3 YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE SERVICES OR RECEIVING THE TREATMENTS MADE AVAILABLE TO YOU BY WLAH AND THE POSSIBLE RISKS INVOLVED IN USING SUCH SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

17 Third Party Disputes. 

 

17.1 WLAH IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE OR YOUR EMPLOYER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE WLAH (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

18 Force Majeure. 

 

18.1 WLAH will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond WLAH's reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays WLAH in fulfilling its obligations hereunder.

19 Indemnification and Release

 

19.1 To the fullest extent permitted by law, You will defend, indemnify and hold WLAH, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys' fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against WLAH by other parties to whom you allow access to the Service. 

 

19.2 To the fullest extent permitted by law, You further waive, release and forever discharge the WLAH Parties from any and all responsibility or liability for injuries or damages resulting from your Treatments or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.

 

19.3 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.