TERMS of Service
1. THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT PROVIDE MEDICAL ADVICE
The Website and Services provide information and entertainment in the fields of health, exercise, food and other related information. The information and Services provided on this website are strictly for informational purposes. BY USING THIS WEBSITE AND THESE SERVICES, YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE INFORMATION ON THIS WEBSITE AND THE SERVICES CANNOT AND SHOULD NOT BE USED IN LIEU OF PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT WHICH CAN ONLY BE PROVIDED BY A PHYSICIAN OR AN APPROVED HEALTH CARE PROFESSIONAL. We advise you to consult with your physician before implementing any of the information contained within this Website or provided by the Services, including but not limited to the taking of any medications or herbal supplements and engaging in diets and exercise regimes. Contact your health care provider immediately if you suspect that you or your child has a medical problem. Under no circumstances should you ignore the recommendations or guidance of a licensed Physician or Approved Health Care Provider because of potentially conflicting information and guidance provided by this Website and/or Services.
NONE OF THE INFORMATION AND/OR EDUCATIONAL INFORMATION PROVIDED ON THIS WEBSITE AND/OR SERVICES HAS BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA) AND ABSOLUTELY NONE OF THE INFROMATION IS DESIGNED TO TREAT, CURE, OR PREVENT ANY DISEASE OR TO BE CONSIDERED IN ANY CAPACITY, MEDICAL ADVICE.
The nature of research in the fields of health, exercise and nutrition is such that it is continuously evolving and therefore, we cannot guarantee that the information provided on the Website and/or Services is always the most up to date. We will continue to strive to provide you with the most up to date information.
You expressly understand that the use of this Website and/or Services DOES NOT constitute or create a physician/patient relationship or for that matter, a privileged and/or confidential relationship of any kind.
BY USING THIS WEBSITE AND SERVICES, INCLUDING LISTENING TO A WEBINAR ON THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU ARE SOLELY AND PERSONALLY RESPONSIBLE FOR YOUR OWN HEALTH AND WELL BEING. YOU ACKNOWLEDGE THAT BY RELYING ON THE INFORMATION CONTAINED IN THIS WEBSITE AND THE ASSOCIATED SERVICES, YOU DO SO AT YOUR OWN RISK AND ABSOLVE YEAR ONE WELLNESS PLLC OF ALL LIABILITY AND LOSS THAT MAY ARISE BY YOUR IMPLEMENTATION OF THE ADVICE AND/OR SUGGESTIONS PROVIDED BY THIS WEBSITE AND SERVICES.
2. ELIGIBILITY TO USE SERVICES
By using our Services, you represent and warrant that:
There exists no law, judgment, or edict by the authorities of any State or Country which bars you from using our services;
You have not been previously blocked by us from registration and are not registering a new account under a new name, without our explicit permission
You are at least the age of 18 (or applicable age in your country)
You agree that you will not:
Violate any and all applicable laws, including without restriction, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the Services in a way that damages or disrupts the Services and/or our Services computer systems and networks
Harass, frighten, defame, or otherwise abuse and mistreat any person on our Platforms or our staff;
Access and use another user’s account;
Use our Services to commit fraud
Violate the terms of the license granted to you by Year One Wellness
Disclose private or proprietary information that you do not have permission to disclose;
Copy, change, distribute, or develop any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Platform and/or services without Year One Wellness PLLC’s prior written consent;
Make use of technical tools, including crawlers and site search/retrieve applications to access and mine data found and used on our Platforms and services.
Damage our Platforms by injecting viruses and other harmful code into our Platforms;
Reverse engineer, modify, decompile or otherwise deconstruct any portion of our Services, or enable others to do so;
Use or develop any third-party applications that interface with our Services or Content or information without our explicit and written consent;
Access, utilize, or publish the Year One Wellness PLLC application programming system without our explicit written consent;
Use our Services for any harmful, illegal, or disreputable purpose
3. CONTENT AND NO REFUNDS FOR WEBINAR PURCHASES
In this agreement, “content” consists of, without limitation, all text, video, images, audio, or other material on our Services, including information on contained in users’ profiles and all information uploaded by users. If you buy and purchase the right to view a Webinar through this site, the fee is NONREFUNDABLE. There will be no refunds for any reason unless for whatever reason the webinar is corrupted and doesn’t play or isn’t viewable. Year One Wellness PLLC is not responsible for issues or computer glitches on the receiving end. You will not be allowed to reproduce, sell, or copy the video or use/display it in any other format. You may not borrow or use this webinar for outside commercial training or education and is for your use only.
4.CONTENT RIGHTS
Year One Wellness PLLC owns all content on our Platforms and Services.
Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest to 0ur Content remains with us at all times.
SERVICES ARE STRICTLY EDUCATIONAL
Services may include but are not limited to educational seminars concerning health and wellness. These educational sessions ARE NOT INTENDED TO SERVE AS MEDICAL ADVICE AND CANNOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT THAT CAN BE PROVIDED BY A PHYSICIAN OR ANY OTHER APPROVED HEALTH CARE PROFESSIONAL. THE INSTRUCTOR IS NOT PROVIDING MEDICAL SERVICES OR PHYSICAL THERAPY SERVICES. Webinars through this website may be conducted through technological channels including, but not limited to, Zoom, Instagram video, or Facetime which may or may not be secure networks.
5. REFUNDS
All purchases are nonrefundable. At its sole discretion, Year One Wellness PLLC, may provide User with a credit to be used for an additional product/service sold on the Website.
6. ACCOUNT TERMINATION
You may delete your account with us at any time. In order to terminate your account, simply access the “Settings” page within your profile and follow the instructions to cancel your membership.
If your account is terminated by you or by Year One Wellness PLLC for any reason, voluntarily or involuntarily, these Terms continue to remain enforceable between you and Year One Wellness PLLC, LLC. If Year One Wellness PLLC, LLC chooses to terminate your account due to a violation of the terms set forth in this agreement, you will not be refunded any of your spent monies.
7. DISCLAIMER
Year One Wellness PLLC, LLC PROVIDES OUR SERVICES ON AN “AS IS” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN). WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Year One Wellness PLLC DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE FIXED, OR (C) THAT ANY CONTENT YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. Year One Wellness PLLC, LLC MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; YOUR ABILITY TO CONNECT AND COMMUNICATE WITH OUR.
Year One Wellness PLLC DISCLAIMS ALL LIABILITY FOR ANY CONTENT THAT YOU RECEIVES THROUGH OUR SERVICES, REGARDLESS OF THE FORM OF ACTION. Year One Wellness PLLC, LLC FURTHER DISCLAIMS ALL LIABILITY FOR ANY RESULTING HARM FROM THE ACTS OR OMISSIONS OF YOURSELF AND/OR OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE. ANY CONTENT OR INFORMATION ACCESSED THROUGH THE USE OF OUR SERVICES IS UNDERSTOOD TO BE ACCESSED AND DOWNLOADED AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Year One Wellness PLLC IS NOT RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES. MORE SPECIFICALLY, DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, AND DAMAGES FOR LOSS OF DATA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP OR SUBSCRIPTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU FURTHER UNDERSTAND THAT YOUR SAFETY IS ENTIRELY UP TO YOU AND YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR OWN SAFETY WHEN MEETING OTHER USERS ON THE PLATFORMS AND IN PERSON. YOU UNDERSTAND THAT WE WILL NOT BE LIABLE FOR PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, DAMAGES ARISING OUT OF THE USE OF THIS SERVICE.
8. ADS AND THIRD-PARTY CONTENT
Year One Wellness PLLC Services and Platforms may display advertisements and promotions provided by third parties, which may or may not link to the third parties’ respective websites and/or resources. It is possible that the third parties’ websites and resources are not properly functioning at the time of their display on our Platforms. We are not responsible for the availability of these websites or their content. Moreover, Year One Wellness PLLC is not liable for, and does not necessarily support the goods or services provided directly by third-party websites or resources. In the event that you decided to engage with the third parties, which you interfaced with through our Services, the third party’s terms will govern their relationship with you. Year One Wellness PLLC, LLC is not responsible or liable for such third parties’ terms or actions.
9. LIMITATION OF LIABILITY
Year One Wellness PLLC’s liability is limited to the maximum extent by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Year One Wellness PLLC, ITS EMPLOYEES, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE BEHAVIOR OR MATERIAL OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) IMPERMISSIBLE ACCESS, USE, OR MODIFICATION OF YOUR CONTENT, EVEN UNDER THE CIRCUMSTANCE WHERE Year One Wellness PLLC HAS BEEN NOTIFIED OF THE PROSPECT OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL Year One Wellness PLLC’s AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS PERTAINING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 9 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
CERTAIN JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND THEREFORE, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT BE RELEVANT TO YOU.
10. DISPUTE RESOLUTION
It is possible that we will have a legal dispute and the following information pertains to how the dispute will be resolved.
In the event that you are not happy with our Services, please first contact Year One Wellness PLLC Customer Service so we can work to rectify the situation together. In the event that you decide to pursue a claim against Year One Wellness PLLC, these terms will apply. The parties agree to not file in state or federal court but instead be bound to binding arbitration in the State of Texas using the rules outlined by the American Arbitration Association and Texas law will apply.
ACCEPTANCE OF TERMS
It is understood that by engaging and utilizing our Services, irrespective of the technological device which allows you to use our services, you agree to be bound by (i) these Terms, which we may alter and update from time to time, (ii) our Privacy Policy.
All pronouns and any variations thereof shall be understood to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. The capitalization of a word shall be deemed to have the same meaning as the uncapitalized version of that word.
11. ENTIRE AGREEMENT
The entirety of your agreement with Year One Wellness PLLC concerning your use of our Services is encompassed by these Terms, the Privacy Policy, Cookie Policy, and any Additional Terms Upon Purchase, all of which supersede any prior agreements or representations between us, oral or written. If it is determined that any clause or provision of these Terms is unenforceable for being either illegal or invalid, the remainder of the Terms shall continue in full force and effect. In the event that the Company shall fail to implement or enforce any right or provision of these Terms, such a failure shall not constitute a waiver of such right or provision. By using our Services, you give your consent to the fact that your account is non-transferable and all of your rights to your account and its content immediately end upon your death, unless otherwise provided by law. You may not transfer or assign any rights and licenses granted hereunder. We may, however, at our discretion assign these rights as we see fit and restriction. By using our Services, you agree that no agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Year One Wellness PLLC in any capacity.