Introduction
Welcome to Reclaim Wellness Day. This Terms of Use Policy ("Terms of Use") applies to this website and any other websites or mobile applications, together with the information, resources, services, products, and tools ("the Services") owned and/or operated by Hushon Consulting ("Reclaim Wellness," "we," "us," "our"). By visiting and accessing the Services we provide, you understand and agree to accept and adhere to the following terms of use as stated in this policy, along with the terms of our Privacy Policy.
Please read this Policy carefully and in its entirety. By using the Services and/or purchasing, viewing, downloading, or providing your email to receive a newsletter or other materials available on or through the Services, you agree to the terms of this Policy.
Responsible Use and Conduct
By utilizing the Services, either directly or indirectly, you agree to use these Services only for the purposes intended as permitted by (a) these Terms of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, and you may incur criminal or civil liability. We may provide various open communication tools on our website. You understand that generally we do not pre-screen or monitor the content posted by users of these communication tools, which means that if you choose to submit content to our website via these tools, then it is your personal responsibility to use these tools in a responsible and ethical manner.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable local, state, federal, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Reclaim Wellness, a Reclaim Wellness employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
- Use any manual process to monitor or copy any of the material on the Services without our prior written consent.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
We have the right at our sole discretion to remove any content that we feel does not comply with these Terms of Use. We are not responsible for any delay or failure in removing such content.
Right to Monitor and Terminate Use
Although we have no obligation to monitor any user conduct on the Services, we reserve the right, and have absolute discretion, to monitor any user conduct on the Services at any time and for any reason without notice.
We reserve the right, without notice and in our sole discretion, to terminate your ability to use the Services, and to block or prevent your future access to and use of the Services. The Terms remain in effect even if your account is terminated.
User Submissions
Any and all information, including but not limited to feedback, data, questions, comments, suggestions, or ideas that you submit on the Services shall not be deemed confidential, and Reclaim Wellness will not have any obligation to keep such information confidential. All such submissions shall be deemed the property of Reclaim Wellness, and your submission of information shall constitute an irrevocable assignment to Reclaim Wellness of all worldwide rights, titles, and interests in and to such information.
User Created Hyperlinks to Services
Reclaim Wellness grants users a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Reclaim Wellness in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
No Use by Minors
The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Services, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of these Terms of Use.
Communications
If you voluntarily provide your email in response to an offer or contest, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing wendy@team.uplevelwellness.org.
Links to Other Sites
The Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES. WE STRONGLY ENCOURAGE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.
Indemnification
We do not assume any liability for any content posted by you or any other third-party users of our website. You agree to indemnify and hold harmless Reclaim Wellness and its directors, officers, managers, employees, agents, affiliates, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.
Privacy
Your privacy is very important to us. We have a separate Privacy Policy which explains in detail how we collect, manage, process, secure, and store your personal information. Read our Privacy Policy.
Disclaimer of Warranties
THESE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, RECLAIM WELLNESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF RECLAIM WELLNESS, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES.
No Professional Advice
The information contained in or made available through our sites cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. You alone are responsible and accountable for any consequences arising from your decisions, actions, and results in choosing to implement any information contained on the Services.
Ownership
All content and materials available on reclaimwellnessday.com, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Reclaim Wellness, and are protected by applicable copyright and trademark law. No portion of the Services may be used or otherwise exploited for any purpose in any form without the express written permission of Reclaim Wellness.
Refund Policy
All sales are final. No refunds will be issued once a service has been started and/or completed.
Changes to Services
We reserve the right to withdraw or amend the Services, and any service or material we provide via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
Changes to Terms of Use
We reserve the right to change these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically to familiarize yourself with any modifications. Your continued use of the Services following the posting of changes to these terms constitutes your acceptance of the changes.
Governing Law and Jurisdiction
By accessing the Services, you agree that Pennsylvania law will govern, without regard to conflicts of law provisions, for all matters relating to the use of the Services. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in York County, Pennsylvania, USA.
Dispute Resolution
By visiting the Services or making a purchase, you and Reclaim Wellness agree that, if there is any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Services, both parties shall first try in good faith to settle such dispute by providing written notice to the other party describing the facts and circumstances of the dispute and allowing the receiving party thirty (30) days in which to respond to or settle the dispute.
Notice shall be sent to Reclaim Wellness at wendy@team.uplevelwellness.org.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE THE COURTS OF YORK COUNTY, PA.
Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Acknowledgement
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.