Terms of Service — WELLTEMPLE

Terms & Conditions

Thank you for visiting the website of WellTemple, LLC (Welltemple, “we”, “us”, “our”). We welcome and invite you to use the website (including related corporate and subsidiary sites, collectively the “Websites”). We know these documents can be a bit much to read, but we've got to do it. To help make things clear, any person accessing or using the website, associated webpages (collectively, the "Website") is referred to as "you". We will also just refer to both the Website and the services available through the as the “Services” — we hope this helps.

1. GENERAL DESCRIPTION AND USE

We provide access and use of this website subject to the Terms of Use and our Privacy Policy. These terms may be updated by us at anytime, without notice to you. By using the Websites, you agree that you have read, understood and will be legally bound by the Terms of Use, Privacy Policy and any other terms and conditions which may appear on the Websites from time to time (collectively, the “Agreement”). Please do not use the Websites if you do not agree with these terms. Any capitalized terms that have not been defined here will have meanings defined in the Privacy Policy.

Content on this site is not a substitute for medical (or other professional) advice or treatment and does not create a physician/patient confidential agreement or any other relationship that would give duties to our contributors or us.

Any Visitor (anyone who accesses public areas of the websites) or Registered User (anyone who registers with us i.e. creates a log-in to access areas of the Websites to access exclusive content, posting ability, and purchases) who desires to purchase a product or service through our Websites is agreeing to the terms set forth in this Agreement as well as the any Terms and Conditions of Purchase associated with that product and service. Should there be a conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase supersede.

Content on the Websites is intended for individuals 18 years of age or older. If you are under eighteen years of age you should get consent from your parent or guardian and they should read and understand this Agreement before you use the Websites.

THESE TERMS OF USE ("TERMS AND CONDITIONS") REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE SECTIONS TITLED "AGREEMENT TO BINDING ARBITRATION, JURISDICTION, CHOICE OF LAW" PROVISION. THESE AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITES.

This Website and its Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of this Website or its Content other than for personal and non-commercial purposes is prohibited.

2. PRIVACY

Our Privacy Policy describes the collection and use of information on the Websites. Please read it.

3. INTELLECTUAL PROPERTY; CONTENT

The Websites contain material such as text, images, graphics, video, audio, logos, description, date articles, videos, audio recordings, course material, photographs, lesson plans, training modules, outlines, features, functionality, renderings, titles, icons, logos, illustrations, files, trademarks, trade dress, digital files, User Generated Content (described below) and any other material that appears on the Websites (collectively “Content”). The Content is protected under the laws of the United States and foreign laws.

Third parties may own some Content. You are not authorized to use or display such content without prior written permission from the party the applicable third party.

Trade dress, trademark, and copyright laws of the United States protect components of the Websites. All worldwide rights, title and interest in and to the Websites and Content are owned controlled, and/or licensed by WellTemple and may not be partially or in the whole copied, imitated or retransmitted without our prior written consent for each occurrence.

The logos, trademarks, service marks and related product/service names, slogans and design are registered and unregistered trademarks of WellTemple or other entities (collectively the “Trademarks”). Such marks cannot be used without the prior written permission from WellTemple. Nothing in the Agreement, Terms or elsewhere on the Websites should be construed (or thought to be implied) as granting or conferring license or right to use the Content or Trademarks without prior specific permission for each use and/or occurrence.

Unless expressly permitted by WellTemple in writing, you may not use, reproduce, copy, transmit, download, reverse engineer, create derivative works, modify, distribute, publish, frame, mirror, display, license, transfer, exploit, sell or participate in the sale of —partially or in whole— any Content, the Websites, or any related software or application. Visitors to the Websites may use Content for their personal non-commercial use. Registered Users and those who have purchased product (s) or service(s) may download and view the Content of the purchased material on their own devices and for their own personal, non-commercial use. Beyond this, you have no other rights to the Content. No right, title or interest in any Content is transferred to you as a result of any permitted copying or downloading and agree not to use the Content in any manner not permitted by this Agreement.

The Content on the Websites is provided for informational purposes only and may at times be out or date, contain errors or omissions. We are under no obligation to keep the Content current. At our sole discretion and at any time we may modify, update, remove or change the Content without prior notice to you.

4. USER GENERATED CONTENT; LICENSES

‘User Generated Content’ refers to all of the following generated, posted or emailed to us on the Websites and other platforms including other third-party sites (ex. Social Media platforms, blogs, bulletin boards, forums, and applications) from Visitors or Registered Users: messages, email, data, text, photos, graphics, illustrations, information sounds, video, audio clips, video clips, files, comments, reactions (ex. “likes”on Facebook), feedback or other material or content regarding our marketing/business strategies, reviews, questions and customer service.

You acknowledge and agree that any submission of any User Generated Content you submit to the Websites will be accessible to others, and that there we make no promise or guarantee of confidentiality or privacy of such User Generated Content, including any personal identifying information you share. PLEASE NOTE THAT YOU ARE ENTIRELY RESPONSIBLE FOR ANY CONTENT THAT YOU POST, SEND, UPLOAD, EMAIL, SHARE OR TRANSMIT IN ANY FORM VIA THE WEBSITES AND THIRD PARTY SITES AS DESCRIBED ABOVE.

By posting, sending, displaying or distributing User Generated Content you acknowledge and agree that while you retain copyright and other intellectual property rights to your User Generated Content, you DO grant WellTemple non-excusive, royalty free, perpetual, transferable, irrevocable, fully-paid up, global, sublicensable right to modify, use, copy, reproduce, adapt, adopt, translate, compile, combine, synthesize, distribute, publish, create derivative works of, publicly perform, display, use for profit, incorporate into other works and any other use of the User Generated Content for any legally permissible use in any means, media and method currently known and future devised. You also grant WellTemple and our subliscencees the right (but not obligation) to use your name, log-in name, photograph or likeness in connection with such User Generated Content for business purposes (including advertising and content placement). You also acknowledge and agree that WellTemple at it’s sole discretion will determine how to use any such User Generated Content including the right to reject and delete for any reason such content.

Should you submit, send or display User Generated Content to us you represent and warrant that for each you own, control all ownership rights to distribute, post and liscence such content through the Websites; that such content is truthful, complete, not misleading, does not infringe or violate any applicable laws or regulations and that it’s use by WellTemple and its partners as allowed under this Agreement does nor will in the future infringe, breach, violate or misappropriate moral or intellectual rights of any person or entity, contain defamatory, libelous or obscene material or any other material not in accordance with the Community Interaction Guidelines set forth in this Agreement.

5. LOG-IN INFORMATION

Sections of the Websites may require valid log-in to be used. You agree to provide complete and accurate information in the creation of such a log-in. You should notify us of any changes to the information you provided for this purpose. Each log-in (sign-in name and password and/or other log-in credentials) is for use by a single individual use only — meaning only one Registered User may use it. Unless specifically permitted in writing by WellTemple you agree not to a) share your log-in with anyone b) allow anyone other than you to access sections of the Websites requiring log-in. You are solely responsible for the safety, confidentiality and preventing unauthorized use of your Sign-in name, password and other log-in credentials. If you believe there has been unauthorized use you must notify us immediately. We reserve the right to change, delete or otherwise modify your password, Sign-in name and any other log-in credentials at anytime, for any reason. WellTemple shall have no liability to you for any loss or damage caused by such action.

6. GUIDELINES FOR COMMUNITY and INTERACTIVE AREAS

The Websites may contain areas that facilitate interaction between parties. You are solely responsible for your use of such areas and you use them at your own risk. You agree that when using these areas you will not share, post, upload, distribute, create, store or publish by any means and methods currently known and future developed any content that:

a. infringes on any copyright, intellectual property rights, trademark, patent, trade secret or any other proprietary rights of any person or entity.

b. Is harassing, constitutes hate speech (demeaning and offensive speech based on race, ethnicity, color, gender, sexual orientation disability or other traits), violates laws or regulations (local, state, federal, or international) provides directives for unlawful acts, sexually explicit, libelous, slanderous, derogatory, lewd, indecent, violent, obscene, threatening, abusive, in violation or threatens to violate privacy or publicity rights of another person or entity, inflammatory, violates individual or group rights, fraudulent, creates liability, or is otherwise objectionable.

c. Impersonates or uses the likeness of another person whether living or dead without their verifiable written permission.

d. Misrepresents your affiliation with another person or entity

e. Discloses personably identifiable information, including but not limited to, names, postal addresses, email addresses, social security number, phone numbers, places of employment, passport number, credit card numbers, nationality or similar information.

f. Creates or has the potential to create a burden to our technical infrastructure as determined at our sole discretion.

g. Impedes or has the potential to the functioning of the Websites with virus, harmful files, viruses, data mining elements or functions, corrupted data, improper mechanisms of access, malicious software or any other means.

h. Discredits or communicates messages inconsistent with the goodwill of WellTemple or is in violation of this Agreement.

i. Advertises links to other commercial websites, spam, or unrelated materials.

j. Any other material deemed objectionable at the sole discretion of WellTemple.

We consider our Websites part of our online community. When you access our community you agree that you will not impede or interfere with any of the Websites’ safety features or advertisements including but not limited to attempts to block, obscure or redirect advertisements, traffic, reporting functionalities. With the exception of search engines that pull public areas of the Websites to aid the public search and indexing, no right or permission is granted to robot, spider, or crawl by automated or other means the Websites without our prior written permission. You will also let us know about content that violate the Guidelines for Community and Interactive Areas should you become aware of them.

To the extent possible under applicable law, WellTemple takes no responsibility and assumes no liability for any loss or damage to any personal or entity for any loss or damage arising from any User Generated Content or use that violates the Guidelines for Community and Interactive Areas. WellTemple is also not liable for any defamation, slander, libel, falsehoods, obscenity, profanity, pornography, hate speech, or any other offensive or dangerous encounter or representations you have as a result of User Generated or other third-party content posted, uploaded, displayed or otherwise shared on the Websites in violation of the terms of this Agreement.

WellTemple reserves the right, and at our sole discretion, to remove or modify any content without prior notice or consent. Use of the Websites in violation of the aforementioned Guidelines for Community and Interactive areas as well as other sections of the terms of this Agreement may result in termination of any access or permission to use the Websites and any other platform under our ownership or control.

7. COMMUNICATING WITH US ( including UNSOLICITED suggestions)

You are welcome to send us your feedback regarding our existing products, platforms, services and performance. However, we do not want you to, nor should you send us unsolicited ideas, proposals, materials or any suggestions for new or improvement on existing products, services, platforms, performance or strategies. Since we are constantly developing new products, improving current offerings and developing business strategies, we do not accept these or consider these. This helps avoid any misunderstanding or disputes between you and us in the event that WellTemple develops similar or identical ideas for products, services, offerings or strategies.

If despite the aforementioned you still submit unsolicited ideas or materials to WellTemple, you agree that: WellTemple is under no obligation to maintain confidentiality of such submission and WellTemple shall solely and exclusively own the content and any submission shall not be returned to you, we may use, modify, distribute and disclose any such submission for any purpose and in any manner without attribution or compensation or consideration to you or any other person or entity.

8. NO MEDICAL ADVICE

Content provided on the Websites should not be considered medical advice and is not intended to substitute medical advice, diagnosis or treatment by a qualified physician or any health provider. You should always seek the advice of your physician or qualified healthcare provider and should never disregard or delay medical treatment as a result of any Content on the Websites. You should also consult with your physician or other healthcare provider before making any dietary or lifestyle changes and before using any new products. We make no guarantees about experiences that you will have as a result of the Content or any other material provided on the Websites. You agree to release WellTemple, its agents, officers, partners, contractors or employees from any liability related to your use of the Content.

9. TERMS OF PURCHASE & SALE

· ORDERS

· PRICING

· FEES AND PAYMENT

· SHIPPING, DELIVERY, RETURNS, EXCHANGES

· WARRANTIES & RECALLS

· GIFTCARDS AND STORE CREDIT

· THIRD PARTY PRODUCTS

· DISCLAIMERS, WARRANTIES, LIABILITY LIMITATION

· COPYRIGHT

1O. DISCLAIMERS; WARRANTIES; LIMITATIONS OF LIABILTY

YOU USE THE WEBSITES AT YOUR OWN RISK. CONTENT ON THE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITES WILL OPERATE WITHOUT ERRORS, WITHOUT INTERRUPTION OR THAT THE WEBSITES, SERVERS OR CONTENT ARE FREE OF VIRUSES OR ANY OTHER MALICIOUS OR DESTRUCTIVE FEATURES, OR THAT ANY DEFECTS WILL BE CORRECTED.

EXCEPT AS SET FORTH IN THIS AGREEMENT AND TO THE FULL EXTENT PERMITTED BY LAW, WELLTEMPLE DISCLAIMS ALL WARRANTIES (EXPRESSED OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MECHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WELLTEMPLE ALSO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE FITNESS FOR USE, RELAIBILITY, ACCURACY OR COMPLETENESS OF THE WEBSITES, THE CONTENT, USER GENERATED CONTENT OR THE CONTENT OF THIRD-PARTY PARTNERS OR EXTERNAL LINKS PROVIDED ON THE WEBSITES.

THE WEBSITES MAY CONTAIN INACCURACIES, PRICING ERRORS TYPOS, CONTENT ERRORS OR MISTAKES. WELLTEMPLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH INACCURACIES, PRICING ERRORS, TYPOS, CONTENT ERRORS OR MISTAKES. FURTHERMORE WELLTEMPLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: ANY PERSONAL INJURY OR DAMAGE RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITES OR THIRD-PARTY WEBSITES, UNAUTHORIZED USE OR ACCESS TO THE WEBSITES OR OUR TECHNICAL INFRASTRUCTURE, ANY CESSATION OF SERVICE TO THE WEBSITES OR THIRD-PARTY WEBSITES.

NOT ALL PRODUCTS AND CONTENT ARE AVAILABLE EVERYWHERE AND AVAILABILITY ON THE WEBSITES DOES NOT CONSTITUTE AVAILABILITY IN ALL LOCATIONS.

ALL PROMOTIONS ARE VOID WHERE PROHIBITED.

IN NO CIRCUMSTANCE SHALL WELLTEMPLE OR ITS SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PARTNERS, SUPPLIERS, VENDORS, MANUFACTURERS OR DISTRIBUTORS (COLLECTIVELY, ‘RELEASED PARTIES’), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, REVENUE, PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPRTUNITY OR GOODWILL, ARISING FROM OR IN CONNECTION WITH: THE USE OF, OR INABILITY TO USE, THE WEBSITES; THE PROVISION OF OR FAILURE TO PROVIDE CONTENT, OR SOFTWARE AVAILABLE FROM, ON OR THROUGH THE WEBSITEs OR ANY THIRD-PARTY WEBSITE; OR THE CONDUCT OF OTHER USERS OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITES.

SOME JURISDICATIONS HAVE LAWS THAT DO NOT ALLOW CERTAIN RESTRICTIONS ON WARRANTIES. AS SUCH, SOME OF THE AFOREMENTIONED STATEMENTS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless WellTemple, our officers, directors, employees, successors, agents, vendors, licensors, suppliers, manufacturers and distributors (collectively, the "WellTemple Parties") from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses —including but not limited to attorneys' fees, arising from or in connection with: (I) your misuse of the Websites; (II) any Content submitted, posted, or otherwise provided by you to the Websites, any third parties and/or their agents, third party licensors or licensees (III) your breach of this Agreement, (IV) your misuse of the Websites (VI) your breach or violation of any third-party rights — including but not limited to copyright, property, trademark, publicity or privacy right. We will provide notice to you of any proceeding, claim or suit and at your expense will assist you in defending any such proceeding, claim or suit.

We reserve the right to assume the exclusive control and defense (at your expense) of any claim that is subject to indemnification under this section. In such case, you agree to fully cooperate with us in asserting any and all defense of such matter(s).

12. THIRD PARTY & EXTERNAL SITE LINKS

The Websites may contain links to third-party (external) websites and/or content. Links to third-party Content are provided only as a convenience to you. Inclusion of these links is not an endorsement of such third-part sites and should you choose to access them, you do so at your own risk. WellTemple does not develop or run these sites and we are not responsible or liable for any loss or damage that you may incur as a result of using or purchasing content, products or services from these external websites.

13. DMCA (Digital Millennium Copyright Act)

We respect intellectual property rights. If you believe, in good faith, that your Content on the Websites infringes upon your work, please provide the following: 1) Clear identification of the copyrighted work 2) clear identification of the Content you believe infringes on the copyrighted work including the location, such as URL of the location of the content on the Websites 3) A statement that you believe, in good faith, that the content in unauthorized and that under penalty of perjury that you are the owner of the copyrighted work or authorized to act on behalf of the owner of the copyrighted work 4) your contact information including name, physical mailing address, email and telephone number and 5) a physical or electronic signature of the owner of the copyright or person authorized to act in the interest of the copyright owner. You may send this notice to legal (at) welltemple (dot) com. We will review all claims of copyright infringement and remove any posted or distributed Content deemed to be in violation.

By submitting this notice, you acknowledge and agree that we may share and forward the notice and any other related communication to third-parties and in the case of User-Generated Content, the user(s) involved.

14. JURISDICTION and CONTROLLING LAW

This agreement and any related action will be governed by the State of Maryland without regard to its conflict of laws provisions.

15. AGREEMENT TO ARBITRATION and CLASS ACTION WAIVER

In the event of a dispute relating to this Agreement, the Website or Content each person may elect to have the matter resolved exclusively and finally through arbitration under the Federal Arbitration Act. Any election to arbitrate by one party is binding on the other party and neither party shall have the right to litigate any such claim in court or in a jury trial EXCEPT if claim is brought in small claims court in the local jurisdiction of the WellTemple LLC. You hereby agree that you waive any right to a jury trial. You also note that nothing in this agreement prevents us from seeking injunctive relief in any court or proceeding to protect our interests — proprietary and otherwise.

You also agree that any arbitration or other proceeding is limited to you and us individually and not as a plainitif as a class or member of any class.

16. EQUITABLE RELEIF

You acknowledge and agree that we will suffer irreparable harm and will be entitled to injunctive relief to enforce this Agreement should you violate (or threaten to) or breach our intellectual property rights. Without waiving any other remedies under this Agreement, we may seek provisional, interim, equitable or injunctive relief from any court having jurisdiction in order to protect our property and rights while awaiting the outcome of arbitration. For the purposes of such action, you also hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction in the State of Maryland.

18. TERMINATION AND SEVERABILITY

Should we not enforce any part of this Agreement, it does not mean we give up or relinquish our right to later enforce that or any other part of these Terms. Any waiver of compliance with the terms of this Agreement is only binding if we provide you with written notice of such waiver.

If any part of this Agreement is invalid, void, or for any reason unenforceable, that part/section will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the part/section will not affect any other parts of the Agreement.

19. MISCELLANEOUS

Sections and headings in these terms are for used as a matter of convenience only and do not affect their interpretation.