SIMPLY WELL SOCIETY POLICIES
TERMS AND CONDITIONS OF USE
OVERVIEW
Welcome to our website. This website is owned, controlled, and operated by Simply Wellness. The terms “we”, “us”, and “our” refer to Simply Wellness. The term “Site” refers to Simplywellnessllc.com and simplywellness.mykajabi.com. The term “user,” “you” and “your” refers to any and all site visitors. The term “Service” refers to general information about services and products, as well as general information about different areas of the law.
This Term of Use Agreement (the "Agreement") specifies the Terms and Conditions for access to and use of the Site (the "Site") and describes the terms and conditions applicable to your access of and use of the Site. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site. Simply Wellness may amend the Terms of Use at any time. The last update was on 8/26/2021.
SITE SUBMISSIONS
The user shall not upload, post or otherwise make available on the site or via email any artwork, photos or other materials (“Materials”) protected by intellectual property laws without the express written permission of the owner of the copyright. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
OWNERSHIP
All content included on this site is and shall continue to be the property of Simply Wellness, its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Simply Wellness claims no intellectual property rights over any Materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site. Content you submit to the Site remains yours to the extent that you have any legal claims. However, you grant Simply Wellness a worldwide, nonexclusive, irrevocable license to display any Materials you supply to us for business development and marketing purposes only. By visiting the site, you agree to hold Simply Wellness harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice to our office: [email protected]
USE OF THIS SITE
To access or use the site, you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this site or service.
Materials on Simplywellnessllc.com and simplywellness.mykajabi.com contain nutritional and wellness coaching. Simply Wellness grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Simply Wellness, and we may terminate your use of this website at any time.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
INDEMNIFICATION
You agree to indemnify, defend and hold Simply Wellness and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
DISCLAIMER
The information presented on Simplywellnessllc.com and simplywellness.mykajabi.com is provided “as is” and “as available,” without representation or warranty of any kind. Simply Wellness does not represent or warrant that such information is or will be always current, complete, or accurate. Simply Wellness disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent that your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Site shall be to discontinue using the Site.
LIMITATION OF LIABILITY
You agree that under no circumstances shall Simply Wellness be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Services. Additionally, Simply Wellness is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Simply Wellness has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.
GUARANTEES
Materials and information provided on the website are not indicative of likely results in any particular fashion. Simply Wellness makes no guarantees as to results; further, past results do not guarantee future results for that same client or party, or any third party. Simply Wellness make(s) no income/financial claims, nor guarantee of any kind regarding the potential income or results through our communications or your participation in the purchase of any of the products or services on this Site. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.
AUTOMATIC RENEWAL; CANCELLATION; REFUNDS
The Free Trial is an opportunity for you to use our Product free of charge for the period of time communicated in the offer for the corresponding Product. The Free Trial will begin on the date that you accept the Free Trial offer, and, regardless of whether you use the Product, will expire at the end of the Free Trial.
After the Free Trial ends, the Product will automatically renew at its then-current renewal price with no further action from you, until cancelled. You may cancel the Free Trial or the automatic renewal of the associated Product at any time prior to or after the end of the Free Trial by emailing [email protected] .
Weekly Membership: If you are seeking a refund, send Simply Wellness LLC an email at [email protected] requesting a refund and cancellation of your membership and Simply Wellness LLC may refund your last payment.
Annual Membership: Annual members can request a refund by emailing Simply Wellness LLC at [email protected] requesting a refund and cancellation of the membership. The refund shall be prorated based on remaining time left in the 12 month period since the Product was purchased/renewed.
Any other means or methods of contact for a refund or cancellation purpose(s) other than listed above shall be a breach of this agreement and any potential refund shall be left up to the discretion of Simply Wellness.
SCHEDULED CALLS
If your purchased tier includes 1:1 calls with a Simply Wellness Dietitian, it is your responsibility to schedule your call each month. If you do not schedule your call before the month, you forfeit it. Calls do not roll over. If you need to reschedule, it is your responsibility to reschedule any session.
USE OF INFORMATION
Simply Wellness reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of Arizona as applied to contracts that are executed and performed entirely in Arizona. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in the United States of America, Arizona.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ENTIRE AGREEMENT/WAIVER
This Agreement constitutes the entire agreement between you and Simply Wellness pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the Site and Service. No waiver of any of the provisions of this Agreement by Simply Wellness shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Simply Wellness
PO Box 5674
Goodyear, Az 85338-0612
Release And Waiver Of Liability
By purchasing this membership, you hereby agree to the following:
- You are participating in yoga classes, health programs, workshops and/or other wellness, body work, therapy, exercise and healing arts activities (collectively, the “Activities”) offered by Simply Wellness LLC (the “Teacher”). The Activities may be offered in the physical location of the Studio or offered online by videos, television, podcasts, apps or other digital media or platforms. All of such offerings, either physical or online, shall be considered “Activities.”
- You recognize that you must be in adequate physical and mental health to participate in the Activities. You understand that the Activities may require intense physical exertion, and you represent and warrant that you are physically fit enough to participate, and you have no medical condition which would prevent your full participation in the Activities. You recognize that the Activities may cause or aggravate a physical injury or medical condition. You understand that it is your responsibility to consult with a physician before your participation in the Activities. If you have done so, you have taken the physician’s advice. You understand that the Teacher reserves the right to refuse your participation in any Activity on medical, fitness or any other grounds.
- You are aware that your participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. You understand that you could experience muscle, back, neck and other injuries as a result of your participation in the Activities. You understand your physical limitations and you are sufficiently self-aware to stop or modify you participation in any Activity before you become injured or aggravate a pre-existing injury.
- In consideration of being permitted to participate in the Activities, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in the Activities, including those which may result from the negligence of the Teacher.
- In further consideration of being permitted to participate in the Activities, you knowingly, voluntarily and expressly waive any “Claim” (as defined below) you may have against the Teacher and any of Teacher’s employees, independent contractors or assistants (each, a “Released Party”) that you may sustain as a result of participating in the Activities even if the Claim arises from the negligence of Released Party or anyone else.
You agree to indemnify and hold harmless Released Party from any loss, cost, or liability incurred in defending any Claim made by you or anyone making a Claim on
your behalf, even if the Claim is alleged to or did result from the negligence of Released Party or anyone else.
“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that you may suffer, your spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
- You, you heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of any Released Party.
- You hereby understand that the Teacher from time to time may photograph, video, or otherwise record Activities and place such photographs and videos on its Website or social media platform. You hereby consent to the use of your image that may appear in any such photograph or video.
- This agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona and that all actions, suits, claims and proceedings relating to this agreement shall be brought in a court of competent jurisdiction located in Arizona. In case any provision of this agreement shall be held invalid, illegal or unenforceable, it shall not affect any other provision of this agreement and this agreement shall be construed as if such provision had never been contained herein.
You acknowledge that you have carefully read this agreement and fully understand its contents. You voluntarily and knowingly agree to the terms and conditions stated herein. You are aware that by signing this agreement, you are giving up substantial rights, including your right to sue and certain legal rights your heirs, next of kin, executors, administrators and assigns may have against any Released Party.