WIRED FOR WELLNESS TERMS OF SERVICE
Effective Date: December 11, 2023.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS SITE, BY CLICKING/CHECKING THE “I AGREE” OR SIMILAR BUTTON OR CHECKBOX, OR BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE OR OUR SERVICES.
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
These Terms of Service (“Terms”) apply to your access to and use of the www.getwiredforwellness.com website, platforms, products, features, applications, technologies (collectively, the “Site”) and all services (“Services”) and products (“Products”) provided by Wired for Wellness, LLC (“we,” “our,” or “us”), including any services provided on third-party platforms or applications, such as Kajabi and Slack. By accessing or by using our Site or using our Services, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Site or Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by providing a notice through our Site or by updating the Effective Date. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site or Services.
If you have any questions about these Terms or our Site, Services, or Products, please contact us at info@getwiredforwellness.com.
1. PRIVACY
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
2. CONSENT TO USE OF DATA AND MOBILE OR OTHER UNENCRYPTED COMMUNICATION
You consent to our communicating with you about the Site and our services by SMS, text message, e-mail, or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications.
3. TERMS OF SALE
The following terms apply to your purchase of the Products and/or Services offered on the Site. Any Services or Products offered on any Third-Party Platform (as defined below) will be subject to the terms of sale on that Third-Party Platform unless those terms conflict with these Terms, in which case these Terms will govern.
Product/Service Descriptions. We try to make the Site and any listings on Third-Party Platforms thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site or Third-Party Platforms on which we list our Products and/or Services may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by, among other things, changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update product information at any time without notice.
Availability and Pricing. We reserve the right to change the prices and available Products and/or Services at any time. We may occasionally make errors in the stated prices on this Site or when we provide such information to a Third-Party Platform. If a Product or Service’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchases. The display of Products and/or Services on the Site or any associated, authorized Third-Party Platform invites you to make us an offer to buy the Products and/or Services. Your order is an offer to buy the Products and/or Services, which we accept by accepting payment for Products and/or Services. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction in the event of inaccuracies, errors, unavailability, or for any other reason.
Orders. We have the right to refuse or limit any orders or quantities. We will not be liable if a Product and/or Service is unavailable or delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion and determination. We reserve the right to provide substantially similar products to fulfill your order.
Payment. You authorize us (and any payment processor) to charge your payment card (or any payment account, such as PayPal, Google Pay, etc.) for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund, if permitted. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Products and/or Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iii) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (iv) failure to cooperate in an investigation or provide additional information when requested.
Free Trials, Refunds, Cancellation. Your purchase of the Services or any Products may start with a free trial. The duration of the free trial period will be specified when you sign up for the Services. Free trials are intended to allow new and certain former users to try the Services. Free trial eligibility is determined by us in our sole and absolute discretion and determination and we may limit eligibility or duration to prevent free trial abuse or for any other reason. We reserve the right to revoke the free trial and put your account on hold in the event we determine you are not eligible. Restrictions may apply when free trials are offered with other offers. If you are eligible for a free trial, you may cancel the Services at any time prior to the end of the trial period and receive a full refund. We may also offer subscription or other plans where you are not entitled to a free trial, but you may have the option to cancel your subscription within a set period of time and receive a refund. Such offer will be stated when you purchase your subscription. You will only be entitled to a refund in that instance if you cancel within the time specified in that offer. Otherwise, we reserve the right to charge the full price of the Services should you cancel prior to the end of any subscription for any Services offered with a trial and subscription plan. To cancel any subscription for Services, please contact us at info@getwiredforwellness.com. Please note, however, that you may have to also contact the third-party payment processor to cancel any subscription payment directly with that service. For any subscription, you understand and agree that you will be charged monthly through the payment method associated with your account. You will remain responsible for any uncollected payments; your access to the Services will terminate if your payment is not successfully settled.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes or duties related to your purchase. We have the right to charge you for any taxes or duties that we believe we are required to pay or collect related to your purchase.
Personal Use Only. Our Products and/or Services are for your personal use only; resale of the Services is not permitted. We reserve the right, with or without notice, to cancel Products and/or Services to be provided to you that may result in a violation of these Terms, as we determine in our sole and absolute determination and discretion.
4. YOUR ACCOUNT
Login Credentials. Our Site currently does not provide login credentials for our services, which are currently provided through Third-Party Platforms. You are responsible for following the rules, policies, and terms of any Third-Party Platform through which you participate in our Services or use our Products. We are not responsible for losses or damage caused by your failure to safeguard your login and password for any Third-Party Platform.
Permissions. You are not permitted to share your login or password information with any third party for the purpose of that third party accessing our Services or any information on our Site that is not publicly available without registering for our Services. If we become aware of any violations of this policy, we may take any (or no) action that we believe is appropriate, including, but not limited to issuing warnings, removing content, or terminating your access to our Services and/or Products without refund.
User Identification. In addition to creating login credentials through the Third-Party Platform, you may also be required to create a user identification associated with your account. The user identification may not be disparaging, harassing, offensive, or used in a way to impersonate another. We reserve the right to remove any user identification (or terminate the account of any user) who violates these requirements or any other provisions in these Terms.
5. THIRD-PARTY PLATFORMS; RECORDING
From time to time, we may employ third-party websites, platforms, service providers, or applications to provide the Services (for example, Zoom, Kajabi, Streamyard, Slack, etc.) (“Third-Party Platforms”). In the event we use a Third-Party Platform, you are responsible for familiarizing yourself with that Third-Party Platform and its technical and legal requirements and policies.
YOU ARE NOT PERMITTED TO RECORD ANY OF OUR SERVICES WHETHER PROVIDED ON OUR SITE OR ON ANY THIRD-PARTY PLATFORM, IRRESPECTIVE OF THE THIRD-PARTY PLATFORM’S POLICIES REGARDING RECORDING. VIOLATION OF THIS POLICY WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICES.
6. SYSTEM REQUIREMENTS
Use of the Services and Site requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services and Site involves hardware, software, and Internet access, your ability to access and use the Services and Site may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
7. USER CONTENT
Our Site, as well as and any Third-Party Platforms that host our Services, may allow you and other users to create, post, store, and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us. Pursuant to the terms of the Third-Party Platforms hosting our Services, your User Content may also be licensed by the Third-Party Platform—you must familiarize yourself with the platform’s terms.
If you submit any User Content to us, including through the Site or through a Third-Party Platform, you grant us and our employees, contractors, service providers, and consultants, a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such User Content, and any name, username or likeness provided in connection therewith, in all media formats and channels now known or later developed without compensation to you, in connection with the Site and us.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
8. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Site or any Third-Party Platform operating our Services, and you are solely responsible for your conduct while using our Site or any platform operating our Services. You will not:
Engage in any harassing, threatening, intimidating, disruptive, predatory or stalking conduct;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Site or Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
Modify our Site, Services, or Products, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site, Services, or Products;
Use our Site, Services, or Products other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site, Services, or Products, including through harassment, disparagement, or other conduct related to us, our Site, our Services or Products, or that could damage, disable, overburden or impair the functioning of our Site in any manner;
Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
Develop or use any applications that interact with our Site or Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Site, Services, or Products for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content, if our Site or a Third-Party Platform operating our Services allows User Content, that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent; or
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
Enforcement of this section is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
9. COPYRIGHT POLICY
We respect the intellectual property of others. If you believe that your work has been copied and is available on our Site in a way that constitutes copyright infringement, you may notify us according to the notice requirements of the Digital Millennium Copyright Act ("DMCA") and any other applicable law at the following electronic address: info@getwiredforwellness.com. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services or Products and/or terminate any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. OWNERSHIP; LIMITED LICENSE
The Site, our Services and Products offered on this Site or through Third-Party Platforms, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by us or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Site, Services, and Products are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site, Services, and Products for your own personal, noncommercial use. Any use of the Site, Services, or Products other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
11. TRADEMARKS
Our logos, our slogans, and the look and feel of the Site are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
12. FEEDBACK
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about us or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.
13. THIRD-PARTY CONTENT
We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control or endorse, and make no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
14. INDEMNIFICATION
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless us, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Site. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
15. DISCLAIMERS
YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SITE AND ANY CONTENT THEREIN, AND OUR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE WE ATTEMPT TO MAKE YOUR USE OF OUR SITE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE.
WE FURTHER MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS RELATED TO THE SERVICES WILL BE CORRECTED.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we, our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, will not be liable to you under any theory of liability (whether based in contract, tort, negligence, strict liability, warranty, or otherwise) for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. Our total liability, including that of our employees, contractors, service providers, consultants, successor organizations, and each of their respective officers, directors, agents, and employees, for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the amount of compensation you pay, if any, to use or access the Site.
Certain state laws may not allow limitations on implied warranties or the exclusion of certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
17. EXPORT CONTROLS
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
18. GOVERNING LAW; VENUE
Any claim or dispute arising out of or related to these Terms and your use of our Site, Products, or Services will be governed by and construed and enforced in accordance with the laws of the State of Florida, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
Any claim or dispute arising out of or related to these Terms and your use of our Site or Services that is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in Broward County, Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Broward County, Florida.
19. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
THIS SECTION INCLUDES AN OPT-OUT PROVISION SHOULD YOU CHOOSE TO OPT OUT OF BINDING ARBITRATION YOU MUST FOLLOW THE SPECIFIC OPT-OUT REQUIREMENTS.
You and we agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Notice of Dispute. Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to us by e-mail at info@getwiredforwellness.com and by U.S. Mail to: Wired for Wellness, LLC, c/o Slater Legal PLLC, 113 S. Monroe Street, Tallahassee, Florida 32301. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site, Products, or Services shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes.
Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration. Any arbitration will be held in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS then in effect, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. For more information on the Rules please visit: https://www.jamsadr.com/rules-streamlined-arbitration/. You and we both agree that arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. If our or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, we both agree that the claim will be conducted, through a telephonic hearing under JAMS Rules, solely based on documents submitted to the arbitrator. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if you are a consumer (as defined by JAMS), you may have a right to an in-person hearing in your hometown area. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator.
If you are a consumer (as defined under JAMS rules), remedies that would otherwise be available to you under applicable federal, state or local laws will remain available under this arbitration clause, unless you retain the right to pursue such remedies in court. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the claim. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms you consent to exclusive jurisdiction and venue in the state or federal courts located in Broward County, Florida.
For residents outside the United States, arbitration shall be initiated in Broward County, Florida. You and we both further agree to submit to the personal jurisdiction of any state or federal court in Broward County, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. We shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless we are specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on both us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Both we and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Both we and you understand that, absent this mandatory arbitration provision, we and you would have the right to sue in court and have a jury trial. Both we and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Wired for Wellness, LLC by U.S. mail to Wired for Wellness, LLC, Attn. Slater Legal PLLC, 113 S. Monroe Street, Tallahassee, Florida 32301. The notice must be sent within thirty (30) days of this Terms taking effect, or your account creation. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of this section. If you opt out of the provisions requiring arbitration, we will not be bound by them either. If any clause within this arbitration provision is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
Survival. This Arbitration section shall survive any termination of the Services.
20. CLASS ACTION WAIVER
THIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
You and we agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.
The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not our other customers, and cannot be used to decide other disputes with other customers of us.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Broward County, Florida.
This Class Action Waiver section shall survive any termination of the Services.
21. MODIFYING AND TERMINATING OUR SITE
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension.
22. SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
23. SERVICES NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE
Our staff members may be licensed medical professionals, but the services they are providing to you are not medical or mental health services. Instead, our Services, communications, or information are for research, informational, and educational use only—not for medical advice. We do not provide medical advice. The Services and Products are not intended to be used by you for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
We do not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Site or in our Services or Products. If we provide to you any recommendations, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. Reliance on any information provided by us, our employees, others appearing on our website at our invitation, or other visitors to our website is solely at your own risk.
24. YOUR REPRESENTATIONS CONCERNING OUR SERVICES
You understand that information you learn from us is not designed to independently diagnose, prevent, or treat any condition or disease or to ascertain the state of your health in the absence of medical and clinical information. You understand that our Services are intended for research, informational, and educational purposes only, and that while information provided in connection with the Services might point to a diagnosis or to a possible treatment, it should always be confirmed and supplemented by additional medical and clinical testing and information from your own personal medical practitioner. You acknowledge that we urge you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your participation in the Services. Dr. Cureton will not serve as your medical practitioner at any time during your participation in our programs. Nor will she diagnose or prescribe any treatment to you since your participation does not constitute a doctor patient relationship under any circumstances.
25. MINORS
Our Services and Site are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Site and Services only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms. For information on how we protect the privacy of minors who use our Site, please see our Privacy Policy.
26. MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You may not assign or delegate any rights under these Terms. We may freely assign or delegate our rights under these Terms. You agree that communications and transactions between us may be conducted electronically. You agree that these Terms constitute the entire agreement between you and us and govern your use of the Services, Products, and Site, superseding any prior agreements between you and us on these subjects. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. CONTACT US
If you have any questions about these Terms, please contact us electronically at info@getwiredforwellness.com.