The website located at wellwardcoaching.com (“Website”) and its Contents are owned and operated by Edkinetic LLC (“Company”, “we”, “us” “our”) and WELLWARD. The term the “Site” refers to Wellwardcoaching.com. The terms “user,” “you,” and “your” refer to site visitors, viewers, clients, customers, and any other users of the website.
The information, including but not limited to words, design, layout, graphics, photos, images, and information, materials, document, databases, articles, downloads, and intellectual property accessible on or through this Webite is our property and protect by United States intellecutal property laws.
DISCLAIMER FOR WEBSITE, SERVICES, EVENTS, AND/OR PRODUCTS
By entering this website or purchasing or using our blog, e-mails, videos, social media, products and/or services, from or related to Linda Franchock and Edkinetic, LLC, AND/OR Wellward, you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the disclaimer below, STOP now, and do not use our website, blog, e-mails, videos, social media, products or services or anything you have purchased or experienced through us (collectively “Website, Products, Events, Services and emails”).
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information provided in or through our Website, Services, Events, Products and/or emails is for informational purposes only and is made available to you as self-help tools for your own use. When using any material obtained from or through Edkinetic, LLC, AND/OR Wellward whether through in-person, phone, Skype, Zoom, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group classes, workshops, events, retreats, seminars, coaching sessions, and/or trainings, you acknowledge that we are supporting you in our role exclusively as providing information for information purposes only and in no other role.
NOT A SUBSTITUTE FOR MEDICAL ADVICE
The information provided in or through our Website, Services, Events, Products and/or emails is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by you or your clients’ own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.
CREDENTIALS & BACKGROUND
The principal of EDKINETIC LLC and WELLWARD is Linda Franchock. As of 2/2019 Linda Franchock holds the following credentials: Board Certified Behavior Analyst, Licensed Behaivor Spealist, ADAPT-Certified Functional Health Coach (ADAPT-CFHC) Completion June 2019, Certified Special Education Teacher K-12, Elementary Education Teacher K-5. Credentials are subject to change without notice.
NOT HOLDING SELF OUT
Linda Franchock is NOT a Medical Provider (including doctor/physician, nurse, physician’s assistant or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietician or licensed nutritionist, or member of the clergy. Rather, Linda serves as a Coach who provides general information on topics related to health and wellness and behavior change that may lead to healthier lifestyles.
CONSULT YOUR PHYSICIAN OR HEALTH CARE PROVIDER
We do NOT replace any relationship that exists, or should exist, between you or your family’s Medical Provider or Mental Health Provider. You should always seek the advice of your own doctor/physician, nurse practitioner, physician’s assistant, Mental Health Provider, or another health care professional regarding any questions or concerns about your specific health situation. We strongly advise you to speak with your own Medical Provider or Mental Health Provider before implementing any and all suggestions obtained through our Website, Services, Events, Products and/or emails including but not limited to exercise, lifestyle, weight loss, food, sleep, de-stressing, engaging in an elimination diet, meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. You shall NOT disregard professional medical advice or delay seeking professional advice because of information you have read on this website or received from us. You should NOT stop taking any medications without speaking to your Medical Provider and/or Mental Health Provider. If you have or suspect that you have a medical problem, you are strongly advised to contact your own Medical Provider or Mental Health Provider immediately.
NOT LEGAL OR FINANCIAL ADVICE
The information contained in our Website, Services, Events, Products and/or emails is NOT intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial adviser. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state and it is constantly changing and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding any and all information presented by our Website, Services, Events, Products and/or emails pertaining to your specific financial and/or legal situation.
Our Website, Services, Events, Products and/or emails aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Services, Events, Products and/or emails and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your own health, life and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now or in the future.
Our role is to provide coaching services that empowers you in reaching your own health and wellness goals, but your success depends primarily on your own decisions, efforts, motivation, commitments and follow-through. I cannot and DO NOT guarantee that you will attain a particular result, and you accept and understand that results differ by each individual. Each individual’s health and wellness success depend on his or her background, dedication, desire, and motivation, and a whole host of additional factors. As with any health and wellness service, event or product that you adopt and/or purchase, your results may vary, and will be based on many variables, so therefore NO guarantees can be made. Any examples shown through our Website, Services, Events, Products and/or emails are only approximations of what might be possible for you. There can be no assurance as to any particular health and wellness outcome based on the use of our Website, Services, Events, Products and/or emails. You agree that we are NOT responsible for the success or failure of your decisions, the increase or decrease of your health or wellness or any other result of any kind that you may have as a result of information presented to you through our Website, Services, Events, Products and/or emails. You are solely responsible for your actions and results.
The events and activities may change (including cancellation of sessions, events and workshops) without notice.
We may present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and/or photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and/or photos for use in materials to speak to our Website, Services, Events, Products and/or emails, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Website, Services, Events, Products and/or emails. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Website, Services, Events, Products and/or emails are the culmination of numerous variables, some of which we cannot control.
ASSUMPTION OF RISK
There are sometimes unknown individual risks and circumstances that can arise during use of our Website, Services, Events, Products and/or emails that cannot be foreseen that can influence or reduce results. We are not responsible for your personal choices or actions before, during or after use of our Website, Services, Events, Products and/or emails. You understand that any mention of any suggestion or recommendation on or through our Website, Services, Events, Products and/or emails is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that failure, illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by us through any means whatsoever, as well as your family’s use or non-use of any information obtained through you or our Website, Services, Events, Products and/or emails. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, your family and/or children, your business or any other person may incur from your or their use or non-use of the information provided.
NO LIABILITY AND RELEASE OF CLAIMS
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website, Services, Events, Products and/or emails. In no event will we be liable to you or to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website, Services, Events, Products and/or emails or on those affiliated with us in any way, and you and your family hereby release us from any and all claims, including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue experienced by you and/or your clients, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties. We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any person, company, organization engaged in rendering this Website, Services, Events, Products and/or emails in any way. In the event that you or your use the information provided through our Website, Services, Events, Programs, Products and/or emails by us or affiliated with us, we assume no responsibility. We will not be held responsible in any way for the information that you request or receive through our Website, Services, Events, Products and/or emails. By using our Website, Services, Events, Products and/or emails, you and your clients fully and completely hold harmless, indemnify and release us and any other of our employees, shareholders, directors, staff, consultants, agents, or anyone affiliated with us from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you or your family ever had, now have or will have in the future against us, arising from your and/or your family’s participation in or in any way related to our Website, Services, Events, Products and/or emails.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR OUR WEBSITE, SERVICES, EVENTS, PRODUCTS AND/OR EMAILS
NOT EVALUATED BY THE FDA
The information contained on this Website or provided through our Website, Services, Events, Products and/or emails has not been evaluated by the Food and Drug Administration.
Although every effort is made to ensure the accuracy of information shared on or through our Website, Services, Events, Products and/or emails the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, Services, Events, Programs, Products and/or emails or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of health care, scientific, business, and technology research is constantly evolving, we cannot be held responsible for the accuracy of our content.
Reference or links in our Website, Services, Events, Products and/or emails to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information for your own self-help and for informational and educational purposes only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Website, Services, Events, Products and/or emails. Should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website.
By using our Website, Services, Events, Products and/or emails you implicitly signify your agreement to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us at firstname.lastname@example.org.
TERMS AND CONDITIONS
Please read these Terms and Conditions carefully. Edkinetic, LLC, AND/OR Wellward reserves the right to change these Terms and Conditions on the Website from time to time, and by using the Website, you agree to the Terms and Conditions as they appear whether or not you have read them. If at any time you do not agree with these Terms and Conditions, please, STOP, and do not use this Website.
WEBSITE USE AND CONSENT
Whether you use this Website as a casual visitor, guest, registered user, licensee, or as a client of our services, you agree to certain terms which are outlined below.
If you have purchased Services, Events, and/or Products or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement or the terms and conditions for those services/events and/or products, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.
We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We, of course, try to limit the frequency and duration of any suspension or restriction.
Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to our Website.
INTELLECTUAL PROPERTY RIGHTS
The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. Content is solely owned by us unless otherwise indicated.
OUR LIMITED LICENSE TO YOU
This Website and all the materials available on the Website are the property of us and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.
The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. The content is solely owned by us unless otherwise indicated.
If you purchase any program, events, services, products or materials through this Website, you will be considered our Licensee and the terms and conditions specifically relating to the respective program or service purchase shall apply.
If you are a visitor to this Website and you are not making a purchase of a service, event, products or materials through this Website, for the avoidance of doubt, all content obtained from or on this Website is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you enroll in or purchase any of our services, events, or products or obtain information through this Website, you expressly agree that you will not steal our content. Duplication, sharing, or uploading files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.
In addition, as a Licensee, you understand and acknowledge that the information obtained on or through this Website have been developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
You may not use this site or the materials available on or through this Website in a manner that constitutes an infringement of our rights, or that has not been authorized by us.
As a visitor to this Website, you may from time to time, download and/or print copies of individual pages of the Website, including blog posts, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained. By downloading, printing, or otherwise using Website content for personal use you in no way assume any ownership rights of that material.
You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you unless specifically permitted to do through the terms and conditions relating to your respective program or service purchase or unless specifically authorized by us in advance and in writing.
Unless otherwise explicitly authorized in these Terms and Conditions or the terms and conditions relating to a specific program or service you purchased through this Website, or unless you obtain advance written permission from us, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through any of our Services, Events, Products or Services, or obtained on or through the Website or emails, including through an individual or group program, e-book, private Facebook or Website forum, or class for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website or emails for your own business use or before sharing with others.
All rights not expressly granted in these terms or any express written license are reserved by us.
The trademarks and logos which are displayed on the Website are trademarks belonging to us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.
YOUR LICENSE TO US
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Website, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website or emails or incorporate into another Website or other service any of our material, content or intellectual property.
OBTAINING PERMISSION TO USE OUR INTELLECTUAL PROPERTY
Any request for permission of our content or images, or other use of information obtained from or through our Services, Events, Products, Website, emails or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on this Website, or by sending an e-mail to email@example.com.
We take every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
As a visitor to this Website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.
THE INFORMATION, SERVICES, EVENTS, PROGRAMS, AND PRODUCTS OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
We try to ensure our Website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our Website will be available.
To the fullest extent permitted by law, we will not be liable to you for damages or refunds should our Website become unavailable or access to the Website becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to you.
The content obtained on or through this Website is designed for non-medically trained individuals and should not be relied upon as a replacement for consultation with your doctor or other qualified health care provider.
The information provided through our Website is NOT intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. You and your family should not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. You and your family should not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you or your family have or suspect that you/they have a medical or mental health issue, you are advised contact your/their own health care provider promptly. You and your family assume all risks and no results are guaranteed. The content of this Website is provided for informational purposes only to help you reach your own goals, but you are solely and personally responsible for the results you and your family obtain through our Website.
By using our Website in any way or for any reason, you also implicitly agree to our full Disclaimer whether you have read it or not.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to negligence, shall anyone related to EDKINETIC, LLC and/or WELLWARD or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Website, Services, Events, Products and/or emails including its materials or third party materials made available through the Website, Services, Events, Products and/or emails, even if we are advised beforehand of the possibility of such damages.
You agree at all times to defend, indemnify and hold harmless EDKINETIC LLC AND WELLWARD our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each, if applicable, from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to the Services, Events, or Programs as experienced by you, anyone affiliated in any way with you, or any of your family, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions.
You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future results that may be obtained from your access to our Website.
THIRD PARTY LINKS
Throughout this Website, we may provide links and pointers to Internet sites which may take you outside of our owned or controlled Website to other websites maintained by third parties. Links are provided for your convenience, and inclusion of any link does not imply endorsement, sponsorship, or approval by us of the linked website, its operator or content.
Also, neither we nor affiliates operate or control in any respect any information, programs, products or services that third parties may provide on or through their websites or on websites linked to our Website. We have no control over the contents or functionality of those websites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside this Website, and such other website use will be subject to those linked websites’ relevant terms and conditions and privacy policies. It is your responsibility to review those terms and conditions and privacy policies of other websites to confirm that you understand and agree with those policies.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we do not endorse, and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorized representative while acting in his/her official capacity.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Edkinetic LLC and Wellward pertaining to the Services, Events, Products, Website, and emails and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Edkinetic LLC and Wellward 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 Edkinetic LLS and Wellward.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Linda@wellwardcoaching.com.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania as applied to contracts that are executed and performed entirely in Pennsylvania. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Centre County, PA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
You must not use our Website in any way that causes or is likely to cause our Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website or to us.
You must use the Website for lawful purposes only. You must not use the Website for any of the following:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your content
Certain sections of the Website may allow you to purchase different types of services, events, or products online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these programs, products or services.
If you make a purchase from a merchant on the Website or on an external site linked to by the Website or through a cellular phone app, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.
A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. Also, when you purchase our Services, Events, or Products on or through the Website, you are subject to additional terms and conditions that specifically apply to your purchase or use of such Services, Events, or Products.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or cellular phone app. You agree to use the Website and to purchase our Services, Events, Programs, or Products through the Website or cellular phone app for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular Service, Event, or Product.
You release us and our affiliates from any damages that you incur and agree not to assert any claims against them or us, arising from your purchase or use of any Services, Events, or Products made available by third parties through the Website or cellular phone app.
Your participation, correspondence or business dealings with any third party found on or through our Website or cellular phone app, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When purchasing for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.
We reserve the right in our sole discretion to refuse or terminate your access to the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on you concerning material downloaded from the Website, and the disclaimers and limitations of liabilities outlined in these Terms and Conditions, shall survive. If you have any questions, please contact us at firstname.lastname@example.org.
Edkinetic, LLC or Wellward may assess a $30.00 late fee for any payment that is 15 days past due. If a customer initiates a chargeback, Edkinetic, LLC or Wellward may assess a $50.00 processing fee for each individual chargeback. Edkinetic, LLC or Wellward may assess a $50.00 processing fee for returned checks. In the event, an account is submitted to a third-party service for collection, a $50.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed to the account. Any charges not paid when due are subject to interest at a rate equal to the lesser of one and one-half percent (1.5%) per month; or the maximum interest rate allowed by applicable law.