Terms of Use

These Terms of Use govern the use of the website https://www.wellnestholistichealth.com/ (the “Website”), operated by Wellnest Holistic Health, LLC (“Company”), any links to other websites contained on the Website, and other online resources accessible via the Website.

By using the Website in any way, you agree to these Terms of Use. If you are using the Website on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.

Company reserves the right, at any time, to modify, alter, or update these Terms of Use. Modifications become effective immediately on being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the modied Terms of Use. Except as provided in this paragraph, these Terms of Use may not be amended.

The bold and italicized text below each section is aimed to give a plain English summary of what’s contained in each section. Please ensure you read the entire agreement, as the plain English wording on the right is just a summary.

1. Disclaimer of Warranties

Use of the Website and any Product is at your sole risk. The Website is provided on an “as is” and “as available” basis, meaning Company makes no guarantees that it will meet any particular standards or requirements or be available at all times. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding your use or the results of the Website in terms of correctness, accuracy, reliability, or otherwise. Company will have no liability to you or anyone else for any interruptions, errors, computer viruses or other harmful components in the use of this Website. COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE AND THE INFORMATION PROVIDED ON THE WEBSITE INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OF THE WEBSITE. COMPANY DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Company makes no guarantees or warranties at all regarding the Website – including your ability to access the website or regarding any content on the website.

2. Limitations of Liability and Disclaimer

UNDER NO CIRCUMSTANCES WILL COMPANY OR ANY OF ITS SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY

FOR ANY UNFORESEEABLE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR MONETARY LOSS RELATED TO YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THE WEBSITE, REGARDLESS OF THE TYPE OF LAW UNDER WHICH THOSE DAMAGES ARISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, despite the previous sentence, liability is imposed upon Company, Company’s total liability to you or any third party will not exceed one hundred dollars ($100). Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law.

The contents of the Website are not intended to, nor do they constitute legal, professional, tax, medical, or healthcare advice or diagnosis, and may not be used for such purposes.

Company provides this Website for entertainment, informational, educational, and promotional purposes only. You may not rely on any information or opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Company be liable for any loss or damage caused by your reliance on any content on this Website.

3. Accounts

You may have the option to create an account to participate in certain features of the Website or purchase a Product. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to Company. If you create an account, you agree to provide and maintain true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity and from using another person’s username, password, or other account information. You must promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

You might be able to create an account on the Website. If you do, all information you submit must be truthful and lawful.

4. Your Warranties

You warrant and represent that all content added to the Website by you or at the instruction of you or your agents or representatives -- including, without limitation, messages, comments, text, illustrations, images, graphics, photographs, comments, sounds, music, videos, information, and/or other content (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise maintain all necessary rights in order to add or upload such User Content.

Basically, anything you upload, like a comment or message (“User Content”) must be lawful, non-infringing, that kind of stuff.

5. Indemnification.

You will indemnify and hold Company and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors, and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of these Terms of Use or your use of the Website. This indemnification and hold harmless provision extends to any dispute between persons accessing the Website or between persons accessing the Website and any third party linked to or from the Website. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Company’s written consent.

If Company suffers damage or is on the receiving end of any claim, lawsuit, etc. in connection with your breach of these Terms of Use or your use of the Website, you are financially responsible for all of that damage.

6. User Content

To the extent forums, community/communities, or comments are present as part of the Website, you may create or come into contact with User Content. You -- and not Company -- are solely responsible for any User Content you post or upload to the Website. Company is not responsible or liable for the contents of any User Content on the Website. User Content does not express the views of Company. Company has the right, but not the obligation, to monitor User Content, and Company does not guarantee that it will edit or delete User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior on or through the Website. Company does not claim ownership of the User Content on the Website.

You acknowledge that public forums or comment blocks available on the Website, if any, are for public and not private communications. You are and will remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting content. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.

By posting or uploading User Content to this Website, you are granting Company permission to use the User Content in connection with the Website and/or Company’s promotional purposes. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content in connection with the Website or with Company. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.

Company may discontinue operation of the Website, or your use of the Website, in either case entirely or partially, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Company has no obligation to return your User Content or otherwise make it available to you.

User Content is content uploaded by Website users. Company isn’t responsible for the User Content in any way. Use common sense when relying on User Content and using public forums. You allow Company to use any User Content you upload in connection with the Website and Company’s promotional purposes. If we discontinue operation of the Website, your User Content could be gone.

7. Compliance with Laws and Prohibited Uses

You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.

You are prohibited from posting or transmitting through the Website:

a. material that violates or infringes on the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other right of Company or of any other person or entity;

b. material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, excessively violent, harassing or otherwise objectionable (in Company’s determination);

c. material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation;

d. material that is an overt, unwelcome, or harassment-level advertisement for goods or services or a solicitation of funds (in Company’s determination);

e. material that includes personal information such as phone numbers, social security numbers, account numbers, addresses, or employer references;

f. material that contains a formula, instruction, or advice that could cause harm or injury;

g. material that, if used by Company, would cause Company to be liable or have legal obligation to a person or business;

h. material that could facilitate mail abuse or unsolicited email of any type (spam); or

i. material that could facilitate scraping, or systematic retrieval of data or other Website Content from this Website to create or compile a collection, compilation, database, or directory without Company’s express prior written permission.

Company reserves the right to refuse service to you for violation of this Section or any of these Terms of Use.

You absolutely, positively, cannot do these things in connection with your use of the Website.

8. Intellectual Property

Unless otherwise noted, all content on the Website is subject to Company’s intellectual-property rights -- including copyrights and trademarks – or the rights of Company’s licensors. Subject to these Terms of Use, Company grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the information on the Website, including, without limitation, all text, les, designs, graphics, drawings, illustrations, images, photographs, video, music and sounds, and/or other content and all trademarks, service marks and trade names used at this Website (all together referred to as the “Website Content”), solely for your own individual use. Despite the terms of the previous sentence, you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, but not limited to: use of the Website Content on any other website or platform. Except as specifically provided in these Terms, Company does not license the right to use or reproduce the Website Content to you, and all intellectual-property rights in the Website are expressly reserved by Company.

YOU MAY NOT USE THE WEBSITE CONTENT FOR ANY COMMERCIAL PURPOSE UNLESS SPECIFICALLY STATED.

All content on the Website and all Products are subject to Company’s intellectual property rights. (Or the rights of third parties that have licensed content to Company.) You do not acquire any rights to the Product (except for your individual right to use the Product) just by virtue of your purchase.

9. Submission of Information

Although Company may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Company through this Website, Company does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g., credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility and is subject to Company’s Privacy Policy.

Company can’t guarantee the safety or security of your connection or of the Website.

10. Privacy Policy

Registration data, if any, and other personal information about you is subject to our Privacy Policy. By using the Website, you consent to the collection and use of this information in accordance with the Privacy Policy.

We process personal information according to our Privacy Policy

11. Restrictions on Use by Minors

If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 18. Company does not collect personally identifiable information from any person Company actually knows is under the age of 18.

If you’re a minor, you may only use this website under parental supervision.

12. Denial of Access

Company, for any reason and at its sole discretion, may decide to deny anyone access to any part of the Website. By agreeing to these Terms of Use, you agree to immediately cease and desist from any attempt to access the Website after such a denial.

Company can deny access to the Website to anyone for any reason.

13. Modifications and Interruption to Service

Company will make its best efforts to provide uninterrupted service to the Website, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted, or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.

Company can’t guarantee uninterrupted access to the Website.

14. Third Parties and Third-Party Sites

The Website may include links to advertisements or other sites on the Internet that are owned, operated, and/or maintained by online merchants or other third parties. You acknowledge that Company is not responsible for the availability of, or the content located on or through, any third- party site. Company is not responsible for the content, operation, or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. Your use of these third-party sites is at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site. If a third-party links to the Website, it is not necessarily an indication of Company’s endorsement, adoption, authorization, sponsorship, affiliation, joint venture, or partnership with that third party. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and your reliance on representations and warranties provided by any vendor or other third party is at your own risk. You assume sole responsibility for your use of third-party links. Company is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

Any link to an outside website (or from an outside website to the Website) is not an indication of sponsorship or approval or partnership between Company and that other website. Outside websites have their own terms and privacy policies and Company makes no promises whatsoever regarding any linked websites.

15. Venue and Governing Jurisdiction

The Website is operated and provided in the State of Tennessee. As such, Company is subject to the laws of the State of Tennessee. Any legal issues arising from or related to your use of the Website will be construed in accordance with, and all questions with respect to such issues will be determined by, the laws of the State of Tennessee applicable to contracts entered into and performed within Tennessee. Any dispute arising out of or relating to these Terms of Use or your use of or visit to the Website must be brought in the state or federal court located in Davidson County, Tennessee, as applicable (or, if no court is located there, as close to that venue as possible). By using the Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee with respect to all such disputes. Company makes no representation that the Website is appropriate, legal, or available for use in other locations. Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Tennessee.

Here are the state’s laws that apply to these Terms of Use and the geographic location where any disputes must be brought.

16. Other Terms

If any provision of these Terms of Use is deemed by an appropriate court to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) will not be affected by that determination and will remain valid, binding, and enforceable to the maximum possible extent. These Terms of Use apply in addition to, and are not superseded by, any other written agreement between Company and you in relation to the Website. Company’s failure to insist on or enforce strict performance of any provision of these Terms of Use do not constitute a waiver of any provision or right in the future. The Privacy Policy is a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between Company and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. The headings and summaries in these Terms of Use are for reference and convenience only and do not affect the interpretation of these Terms of Use.