Wellness Clusters LLC Terms and Conditions
These Terms and Conditions are written in simple, easy to understand language and provide a full and clear explanation of our policies, the terms of membership, your rights and responsibilities and what to expect.
Yes I know, reading terms and conditions is about as interesting as watching paint dry, so we have kept them at a minimum, but it is important you read and understand them. If anything is unclear or if you have any questions, please don’t hesitate to reach out by sending an email to: firstname.lastname@example.org
- Use and Consent
- Intellectual Property Rights
- Information You Are Prohibited from Sharing with Others
- Limitations on Linking and Framing
- Your License to Us
- Request for Permission to Use Content
- Personal Responsibility and Assumption of Risk
- Medical Disclaimer
- Warranties Disclaimer
- Errors and Omissions
- Links to Other Websites
- Indemnification, Limitation of Liability and Release of Claims
- Release of Claims
- Your Conduct
- Communication Guidelines
- Purchase and Online Commerce
- Refund Policy
- Refunds for All Other Programs, Services and Products
- Dispute Resolution
- Confidentiality and Privacy
- What We Do With Confidential Information
- How Secure is Your Data?
- Confidentiality and Disclosure
- Viewing by Others
- Anti-Spam Policy
- Anonymous Data Collection and Use
- Privacy Policies of Other Websites
- Assignment of Rights
- Notification of Changes
Use and Consent
The Wellness Clusters LLC Website and its Content is owned by Sue Lyndes, Health and Wellness Coach, dba as Wellness Clusters LLC, (hereafter known as “Wellness Clusters”, “ Company ”, “we”, or “us”), Health Coaches and Wellness Professionals who make their products and services available through this website. The term “you” refers to the user or viewer of our Website.
Intellectual Property Rights
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.
You are being granted a limited license to use our program materials, products and services as follows:
You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give us 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(s) from which the information was obtained.
You may also download and/or print Program Materials for your own personal use.
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes or for your own business use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times.
All rights not expressly granted in these terms are reserved by us.
Information You Are Prohibited from Sharing with Others
As a Licensee, you understand and acknowledge that our Website, Programs, Products, Services and Program Materials have been created, 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/or unauthorized use.
When you purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from:
- Copying, sharing, stealing, or adapting them or any part of them in any way, without obtaining written permission.
- You will not in any way use, copy, adapt or represent them in any way as yours or as created by you, unless given specific written instruction you may do so.
- You will not engage in improper and/or unauthorized use, including but not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing our materials in any manner or medium for your own personal use, business/commercial use or in any way that earns you money.
- You will not duplicate, share, trade, sell, or otherwise distribute our programs and materials to any other person, for use in any way that earns them money , whether it was known to you or not at the time you shared the information that this was their intention. You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of them.
- You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
- You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.
Limitations on Linking and Framing
You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
Your License to Us
By posting or submitting any material such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
Request for Permission to Use Content
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. You further agree they are for informational and educational purposes only and no results are guaranteed in any way.
We take every precaution to protect our website and the Programs, Products, Services and Program Materials it contains. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Programs, Products, Services and Program Materials or the contributions or information transmitted to us. Submitting contributions or information is done entirely at your own risk.
The Wellness Clusters LLC Website and the Programs, Products, Services, and Program Materials it contains are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with their use or misuse. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.
The Wellness Clusters LLC website and the Programs, Products, Services, and Program Materials it contains are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through them 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, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials , or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional.
If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Wellness Clusters LLC does not warrant that:
- The Service will meet your specific requirements or expectations.
- Will be functional, uninterrupted, correct, complete, appropriate, error-free, or that defects will be corrected.
- The results of the use of programs, products or services in terms of their correctness, accuracy, timeliness, reliability or otherwise.
- The fitness of our programs, products and services for a particular purpose.
- You agree all materials are provided “As Is’ and without warranties of any kind, either expressed or implied.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties that may take you outside of our website. These links are provided for your convenience and the inclusion of any link to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products, Services or Program Materials.
Indemnification and Limitation of Liability
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, 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 our website or the Programs, Products, Services or Program Materials or any other information it contains , or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Release of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website or Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you 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, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
You must use this website and the Programs, Products, Services or Program Materials it contains for lawful purposes only.
You agree you will not use them in any way that causes or is likely to cause access to them either 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 or other devices to this Website.
You agree that you will not use our Website, Products, Programs, Services or Information:
- 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, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others.
- To send, negatively impact, or infect our Website, Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code.
- To cause annoyance, inconvenience or needless anxiety.
- To impersonate any third party or otherwise mislead as to the origin of your contributions.
If you have any questions about this Website, the information it contains, or the Programs, Products, or Services you are enrolled in, contact us at: email@example.com, and we will reply to your question or concerns promptly. Program and service related queries can also be addressed by your Recovery Team who you can access from your Member Dashboard.
Purchase and Online Commerce
We collect and store only the information necessary for your account to function smoothly, to provide you with any necessary updates, and to ensure successful completion of any transactions you place with us.
Payment processing companies and merchants require additional information and may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies, and you release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, or may arise out of your use of this website. Visit their websites directly for specific details about their policies.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Website and the Programs, Products, Services, and Program Materials it contains for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You may cancel your membership in Wellness Clusters LLC at any time by sending an email to: firstname.lastname@example.org with “Cancel My Membership” in the Subject line and we will issue a prompt refund for any unused portion of your latest membership payment
Refunds for All Other Programs, Services and Products
The Refund Policy for all other programs, products and services purchased through the Wellness Clusters LLC website are clearly detailed in each product description. Make sure you read them carefully prior to purchase.
We reserve the right in our sole discretion to refuse or terminate your access to our Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized access to the Wellness Clusters LLC Community.
All these Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to email@example.com and include all of the reasons for your dispute. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You are further agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in Sullivan County, State of New Hampshire where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our members, associates, affiliates, Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. If any terms of these Terms and Conditions are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Confidentiality and Privacy
What We Do With Confidential Information
We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Program Materials, (3) for aggregate, non-identifiable data for research purposes, (4) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
How Secure is Your Data?
Confidentiality and Disclosure
Viewing by Others
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as when you interact in this community and participate in Programs, Products, Services, or Group Programs, the Confidential Information or Other Information that you share also can be seen and used by others. Therefore, we cannot be responsible for any unauthorized use by others of such information that you voluntarily share online or in any other manner.
We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our website.
To use certain features of our website, you will need to create a unique individual username and password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.
It is your responsibility to protect your own password from disclosure to others and you are not permitted to share your username and/or password with anyone. If you share your password(s) with anyone, they may be able to obtain access to your personal information.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the website and any and all Programs, Products, Services, Program Materials.
We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account, so keep it safe!
By using our Website, Programs, Products and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately in-activate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
We have a no spam policy and require you to opt in if you want to receive our Newsletter or Wellness Clusters LLC promotions. We will never sell, rent or share your email address.
Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences.
Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other Websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
Privacy Policies of Other Websites
We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its Content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Confidential Information and Other Information.
Assignment of Rights
Notification of Changes