Effective Date: February 01, 2019
Our Site is only available to users over the age of 18 who reside in the United States. If you are under 18 or reside in a different country, please navigate away from our Site immediately. Continued use of our Site is a violation of these Terms.
III. OWNERSHIP OF OUR SITE AND CONTENT
All right, title and interest in our Site including, but not limited to all of the software and code that comprise and operate our Site and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URLs, advertising copy and other materials provided through our Site (collectively, “Content”) are owned by us or by third parties who have licensed their content to us. Our Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of our Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of our Site.
We hereby grant you a limited, revocable license to download and print copies of any portion of the Content of our Site to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the Content you download. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy or monitor any portion of our Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of our Site or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through our Site. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on our Site except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in our Site or Content to you or anyone else, except the limited license to use our Site and Content on the terms expressly set forth herein.
Notwithstanding the foregoing, and specifically with regard to trademarks, the WBK names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within our Site unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of WBK and/or its affiliates (the “WBK Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within our Site are the property of their respective owners. You are not authorized to display or use the WBK Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within our Site without the prior written permission of such owners. The use or misuse of the WBK Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
IV. ACCEPTABLE USE
You may not frame our Site or link to a page other than the home page without our express permission in writing. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from our Site or through use of our services. The information contained on our Site is intended for general information purposes only. We have made reasonable efforts to ensure that the information on our Site is accurate at the time of posting; however, there may be inaccuracies and occasional errors. We make no representations or warranties about the information provided on or through our Site, including information obtained through links to any third-party websites, and we do not assume any responsibility for updating information provided on or through our Site. We accept no liability for any inaccuracies or omissions on our Site and any decisions based on information contained on our Site are the sole responsibility of each user of our Site.
You agree not to use our Site to:
- Promote surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, that is made available through our Site in any manner that infringes any copyright, trademark, patent, trade secret, or other intellectual or proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or property of a third party.
- Restrict or inhibit any other user from using and enjoying our Site.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity, any directory of users or other user or usage information or any portion thereof.
V. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing WBK with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA claims may be sent to the following address:
Wellness by Kelley
10801 W. Charleston Blvd., Suite 600
Las Vegas, Nevada 89135
Or, please email us at [email protected]
VI. COMPLIANCE WITH LAW
You shall not use our Site for any illegal purposes. You agree not to send any unsolicited promotional or advertising material, spam, or similar materials or any volume messages and/or interfere with the operation of our Site or with the enjoyment of our Site by other users of our Site.
VII. LINKS TO THIRD PARTY WEBSITES
The presence of links to third party websites does not constitute or imply an endorsement by WBK of the opinions or views expressed by these linked websites, and WBK does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained on these websites. Furthermore, WBK is not responsible for the quality or delivery of the products or services offered, accessed, obtained, or advertised by or through such third party websites. To the extent that third party websites collect personally identifiable information from you, please be advised that in no event shall WBK assume or have any responsibility or liability for the manner in which such information is collected or for any claims, damages, or losses, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with your access to and/or use of such third party websites. In no event will WBK be liable to you for any direct, indirect, incidental, consequential, or special loss or other damage arising out of or in connection with your use of such third party websites.
VIII. CANCELLATIONS AND TERMINATION OF OUR SITE AND/OR ACCESS THERETO
The WBK program is for those who are entirely committed to achieving real change. That’s why we do not offer refunds of any kind after you commit to the program. You will get out of the WBK system what you put in. All you have to do is show up ready to make a change. If you can do that, trust me when I say you will experience a true transformation.
We will accommodate 2 reschedules made at least 48 hours before your appointment, after which you risk forfeiture of your appointment.
You must use your session within the month, and sessions will not be held past the completion date of the program. There are no refunds or exchanges on any group coaching, one on one sessions or events. If you have questions regarding your sessions, please reach out to [email protected]. No-call no-show appointments are immediately terminated, so take your scheduled time seriously!
Since your purchase is a digital product, it is deemed “used” after download or opening, and all purchases made on www.wellnessbykelley.com are non-refundable or exchangeable, this includes annual memberships, digital guides and courses. Since the products made available here are intangible, there is a strict no-refund policy.
WBK METHOD PROGRAM:
You will be automatically enrolled into the WBK Method membership program unless you cancel before the end of your 7-day free trial. You can cancel anytime in your member settings or by contacting us at [email protected] following your 3-month minimum commitment.
There are no refunds of any kind on annual memberships. By purchasing an annual membership during a promotional sale, you acknowledge that a 7-day free trial is not included.
If you object to any of the Terms contained herein, you may discontinue use of our Site.
WBK and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Content on our Site. While WBK strives to keep Content on our Site updated, accurate, and complete, WBK and its agents will not be responsible for any damages or losses related to the Content. The Content provided on our Site is intended for informational purposes only and is not intended to constitute an offer or solicitation. Despite the efforts of WBK to provide accurate information on our Site, it is not possible to ensure that all information is correct or up to date. WBK assumes no responsibility or liability for any actions taken as a result of using our Site, or for errors or omissions in the Content on our Site.
OUR SITE AND THE CONTENT CONTAINED ON OUR SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WBK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WBK DOES NOT REPRESENT OR WARRANT THAT THE CONTENT CONTAINED ON OUR SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, OR RELIABLE, OR THAT RECEIPT OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WBK DOES NOT UNDERTAKE TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT OUR SITE OR THE SERVER THAT MAKES OUR SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
X. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS, OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OUR SITE AND SERVICES WILL BE THE AMOUNT OF $2,000.
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF OUR SITE AND SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SITE AND SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE ACCESSING OUR SITE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE OUR SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF OUR SITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE WBK AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF OUR SITE; AND (D) VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST WBK FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF WBK AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
You agree to indemnify, defend, and hold harmless WBK and our affiliates, directors, officers, employees, agents, representatives, successors, or assigns from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: (1) your failure to comply with these Terms; (2) your use of our Site; or (3) content submitted or posted by you or otherwise provided by you to WBK.
WBK is an equal opportunity employer. Nothing in these Terms shall constitute an offer of employment. Although WBK will use reasonable efforts to maintain as confidential any personal resumes or information submitted to it, WBK cannot guarantee that confidentiality will be maintained.
XIII. APPLICABILITY OF TERMS
These Terms and all other legal terms on our Site are applicable upon your access to our Site. These Terms may be revised, modified, amended, or supplemented by WBK without notice at any time for any reason. These Terms shall apply to you regardless of any future transaction or dealings between you and WBK, or lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.
XIV. GOVERNING LAW
The use of our Site and the Content shall be governed by the laws of the State of Nevada, without regard to any conflict of law provisions. Any actions or claims related to our Site and/or the Content shall be filed in the federal or state courts located in Clark County, Nevada (and you hereby consent to exclusive jurisdiction and venue in such courts). Any actions or claims made by a user related to our Site and/or Content, including these Terms, must be commenced within one (1) year after such action or claim arose or be forever waived and barred.
To the fullest extent permitted by applicable law, you agree that any and all actions or claims related to our Site and/or the Content will be resolved individually, without resort to any form of class action.
XV. PRIVACY AND COLLECTION OF PERSONAL INFORMATION
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed modified to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
XVII. CONTACT INFORMATION
If you have any questions about these Terms, please contact us by email at [email protected] (and include your name and address in the message), via the contact us page, or by calling customer service at 702-221-4700. You can also reach us at:
Wellness by Kelley
10801 W. Charleston Blvd., Suite 600
Las Vegas, Nevada 89135