Terms and Agreements
Please read these Terms and Conditions carefully before using this Website.
The term “you” refers to the user or viewer of our Website. The term “we”, “us”
refers to Creating My Wellness, LLC and its Coach
Please read these Terms and Conditions (“T&C”) carefully.
We reserve the right to change these Terms and Conditions on the Website at
any time without notice, and by using the Website, its Content and its Services
you are agreeing to the T&C as they appear, whether or not you have read them.
If you do not agree with these T&C, please do not use our Website, its Content
or its Services.
Website Use and Consent.
If you have purchased a service, program, product or subscription or otherwise
entered into a separate agreement with us you will also be subject to the terms
of that agreement or those terms of use, which shall prevail in the event of a
conflict. Online purchases have additional terms of use relating to the
transaction.
By accessing or using this Website, its Content, and its Services you represent
and warrant that you are at least 18 years old and that you agree to and to
abide by these T&C. Any registration by, use of or access to the Website or its
Content by anyone under age 18 is unauthorized, unlicensed and in violation of
these T&C.
Intellectual Property Rights our Limited License to You.
If you view, purchase or access our Website or any of its Content, and its
Services you will be considered our Licensee. For the avoidance of doubt, you
are granted a revocable, non-transferable license for personal, non-commercial
use only, limited to you only.
As a Licensee, you understand and acknowledge that this Website and its
Content are valuable and/or special which need to be protected from improper and
unauthorized use. We clearly state that you may not use this Website, its Content
or its Services in a manner that constitutes an infringement of our rights or that
has not been authorized by us.
When you purchase or access our Website or any of its Content, and its Services
you agree that:
• You will not copy, duplicate or steal our
Website or Content. You understand that doing
anything with our Website or its Content that is
contrary to these T&C and the limited license we are
providing to you herein is considered theft, and we
reserve our right to prosecute theft to the full extent
of the law.
​
• You are permitted from time to time to
download and/or print one copy of individual pages
of the Website or its Content, for your personal, non-
commercial use, provided that you give us full
attribution and credit by name, keep intact all
copyright, trademark and other proprietary notices
and, if used electronically, you must include the link
back to the Website page from which the Content
was obtained.
​
• You may not in any way at any time use,
copy, adapt, imply or represent that our Website or
its Content is yours or created by you. By
downloading, printing, or otherwise using our
Website Content for personal use you in no way
assume any ownership rights of the Content – it is still
our property.
​
• You must receive our written permission
before using any of our Website Content for your
own business use or before sharing with others. This
means that you may not modify, copy, reproduce,
republish, upload, post, transmit, translate, sell,
market, create derivative works, exploit, or distribute
in any manner or medium (including by email,
website, link or any other electronic means) any
Website Content because that is considered
stealing our work.
​
• We are granting you a limited license to
enjoy our Website, its Content and its Services for
your own personal use, not for your own
business/commercial use or in any way that earns
you money, unless we give you written permission
that you may do so.
The logo displayed on our Website or its Content belong to us, unless otherwise
indicated. Any use including framing, meta tags or other text utilizing these logo,
or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are
reserved by us. Your License to Us. By posting or submitting any material on or through our
Website 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.
When you submit to us or post any comment, photo, image, video or any other
submission for use on or through our Website, you are granting us, and anyone
authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-
exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell,
exploit, create derivative works from, distribute, and/or publicly perform or
display such contributions, in whole or in part, in any manner or medium, now
known or developed in the future, for any purpose, and granting us the right to
make it part of our current or future Website and its Content. This right includes
granting us proprietary rights or intellectual property rights under any relevant
jurisdiction without any further permission from you or compensation by us to
you. You also grant us, and anyone authorized by us, the right to identify you as the
author of any of your comments, posts, photos, images, videos or other
contributions by name, email address, or screen name. You acknowledge that
we have the right but not the obligation to use any contributions from you and
that we may elect to cease the use of any such contributions on our Website or
in our Content at any time for any reason.
Request for Permission to Use Content.
Any request for written permission to use our Content, or any other intellectual
property or property belonging to us, should be made BEFORE you wish to use
the Content by completing the “Contact Us” form on this Website, or by sending
an e-mail to: Antonia.CreatingMyWellness@gmail.com .
We very clearly state that you may not use any Content in any way that is
contrary to these T&C unless we have given you specific written permission to do
so. If you are granted permission by us, you agree to use the specific Content
that we allow and ONLY in the ways for which we have given you our written
permission. If you choose to use the Content in ways that we do not specifically
give you written permission, you agree now that you will be treated as if you had
copied, duplicated and/or stolen such Content from us, and you consent to
immediately stop using such Content and to take whatever actions as we may
request and by the methods and in the time frame that we prescribe to protect
our intellectual property and ownership rights in our Website and its Content.
Personal Responsibility and Assumption of Risk.
As a Licensee, you agree that you are using your own judgment in using our
Website, its Content and its Services and you agree that you are doing so at
your own risk. You agree and understand that you assume all risks and no results
are guaranteed in any way related to this Website and/or any of its Content. This
Website, its Content and its Services are merely to provide you with education
and tools to help you make your own decisions for yourself. You are solely
responsible for your actions, decisions and results based on the use, misuse or
non-use of this Website or any of its Content and Services.
Disclaimer.
Our Website, its Content, and Services 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 our Website, its Content, and Services, including
without limitation any liability for any accidents, delays, injuries, harm, loss,
damage, death, lost profits, personal or business interruptions, misapplication of
information, physical or mental disease, condition or issue, physical, mental,
emotional, or spiritual injury or harm, loss of income or revenue, loss of business,
loss of profits or contracts, anticipated savings, loss of data, loss of goodwill,
wasted time and for any other loss or damage of any kind, however and
whether caused by negligence, breach of contract, or otherwise, even if
foreseeable. You specifically acknowledge and agree that we are not liable for
any defamatory, offensive or illegal conduct of any other Website participant or
user, including you.
​
Medical Disclaimer.
This Website, its Content and Services are not to be
perceived as or relied upon in any way as medical advice or mental health
advice. The information provided through our Website, Content or Services 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. You are encouraged to confirm the information
obtained during sessions/services with other sources. Do not disregard
professional medical advice or delay seeking professional advice because of
information you have read on this Website, its Content, 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. Healthcare and Nutrition are ever
changing sciences. We have checked with sources believed to be reliable in
the efforts to provide information that is complete and generally in accord with
the standards accepted and the time of the services. However, in view of the
possibility of human error or changes in medical sciences, neither us nor any
other party who has been involved in the preparation of this work warrants that
the information contained in this practice is in every aspect accurate or
complete, and they are not responsible for any errors or omissions or for the
results obtained from the use of such information.
​
Legal and Financial Disclaimer.
This Website, its Content, and its Services are not
to be perceived or relied upon in any way as business, financial or legal advice.
The information provided through our Website and its Content is not intended to
be a substitute for professional advice that can be provided by your own
accountant, lawyer, or financial advisor. We are not giving financial or legal
advice in any way. You are hereby advised to consult with your own
accountant, lawyer or financial advisor for any and all questions and concerns
you have regarding your own income and taxes pertaining to your specific
financial and/or legal situation. You agree that we are not responsible for your
earnings, the success or failure of your business decisions, the increase or
decrease of your finances or income level, or any other result of any kind that
you may have as a result of information presented to you through our Website,
its Content, or its Services. You are solely responsible for your results.
Earnings Disclaimer.
You acknowledge that we have not and do not make any
representations as to the health physical, mental, emotional, spiritual or health
benefits, future income, expenses, sales volume or potential profitability or loss of
any kind that may be derived as a result of your use of this Website, its Content,
or its Services. We cannot and do not guarantee that you will attain a particular
result, positive or negative, financial or otherwise, through the use of our
Website, its Content or its Services and you accept and understand that results
differ for each individual. We also expressly disclaim responsibility in any way for
the choices, actions, results, use, misuse or non-use of the information provided
or obtained through the use of our Website, its Content or its Services. You agree
that your results are strictly your own and we are not liable or responsible in any
way for your results.
​
Warranties Disclaimer.
We make no warranties as to our Website or its Content and its Services. You agree
that our Website, its Content and its Services are provided "As Is" and without
warranties of any kind either expressed or implied. To the fullest extent permissible
pursuant to applicable law, we disclaim all warranties, expressed or implied,
including, but not limited, implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. We do not warrant that the Website, its Content or its
Services will be functional, uninterrupted, correct, complete, appropriate, or error-free,
that defects will be corrected, or that any part of the Website, its Content and its Services
are free of viruses or other harmful components. We do not warrant or make any
representations regarding the use or the results of the use of our Website, its Content or
its Services or on third-party websites in terms of their correctness, accuracy, timelines,
reliability or otherwise.
​
Technology Disclaimer.
We try to ensure that the availability and delivery of our
Website, its Content and its Services is uninterrupted and error-free. However, we
cannot guarantee that your access will not be suspended or restricted from
time to time, including to allow for repairs, maintenance or updates, although,
of course, we will try to limit the frequency and duration of suspension or
restriction. To the fullest extent permitted by law, we will be not be liable to you
for damages or refunds, or for any other recourse, should our Website, its
Content or its Services become unavailable or access to the them becomes
slow or incomplete due to any reason, such as system back-up procedures,
internet traffic volume, upgrades, overload of requests to the servers, general
network failures or delays, or any other cause which may from time to time
make our Website, its Content or its Services inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information on our
Website, its Content or its Services. 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. We assume no liability for errors or
omissions on the Website, its Content, and its Services or in other information
referenced by or linked to the site. You acknowledge that such information may
contain 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 which may take you outside of our Website or its
Content. These links are provided for your convenience and the inclusion of any
link in our Website or its Content 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,
statements, errors or omissions provided by external resources referenced in our
Website or its Content, or their accuracy or reliability. We have no control over
the contents or functionality of those websites and so we accept no
responsibility for any loss, damage, or otherwise that may arise from your use of
them. It is your responsibility to review the terms and conditions and privacy
policies of those linked websites to confirm that you understand and agree with
those policies.
​
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 by 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. By purchasing and/or
using our Website and its Content and its Services in anyway or for any reason,
you also implicitly agree to our full Disclaimer which may be found on this Website.
Indemnification, Limitation of Liability and Release of Claims, Indemnification.
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, its Content and
its Services or your breach of any obligation, warranty, representation or
covenant set forth in these T&C or in any other agreement with us.
Limitation of Liability.
We will not be held responsible or liable in any way for the
information, products or materials that you request or receive through or on our
Website, its Content and its Services. We do not assume liability for accidents,
delays, injuries, harm, loss, damage, death, lost profits, personal or business
interruptions, misapplication of information, physical or mental disease,
condition or issue, or otherwise, due to any act or default of anyone or any
business, whether owners, staff, agents, joint venture partners, contractors,
vendors, affiliates or otherwise, affiliated with us. We do not assume liability for
any owners, staff, agents, joint venture partners, contractors, vendors, affiliates
or otherwise who are engaged in rendering our Website, its Content or its
Services, or in any way or in any location. In the event that you use our Website,
its Content and its Services or any other information provided by us or affiliated
with us, we assume no responsibility.
​
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 and its Content and its Services, 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.
Your Conduct
You are agreeing that you will not use our Website or its Conduct and its Services
in any way that causes or is likely to cause the Website, Content, and Coach/es
or access to them 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 to this Website, its Content, and
Coach/es and to us.
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 through the Website or its Content and its
Services. You agree to use the Website, its Content and its Services for
legitimate, non-commercial purposes only and not for speculative, false,
fraudulent, or illegal purposes.
You must use the Website, its Content and its Services for lawful purposes only.
You agree that you will not use the Website, its Content and its Services in any of
the following ways:
• 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 may injure others
• To send, negatively impact, or infect our
Website or its Content with software viruses or any
other harmful or similar computer code designed to
adversely affect the operation of any computer
software or hardware, commercial solicitation,
chain letters, mass mailings or any spam, whether
intended or not
• To cause annoyance, inconvenience or
needless anxiety
• To impersonate any third party or otherwise
mislead as to the origin of your contributions
• To reproduce, duplicate, copy or resell any
part of our Website or its Content, and its Services in
a way that is not in compliance with these T&C or
any other agreement with us.
Online Commerce.
Certain sections of the Website or its Content may allow you to make purchases
from us or from other merchants if applicable. If you make a purchase from us
on or through our Website or its Content, all information obtained during your
purchase or transaction and all of the information that you give as part of the
transaction, such as your name, address, method of payment, credit card
number, and billing information, may be collected by both us, the merchant,
and our payment processing company.
Your participation, correspondence or business dealings with any affiliate,
individual or company found on or through our Website, all purchase terms,
conditions, representations or warranties associated with payment, refunds,
and/or delivery related to your purchase, are solely between you and the
merchant. You agree that we shall not be responsible or liable for any loss,
damage, refunds, or other matters of any sort that incurred as the result of such
dealings with a merchant.
Payment processing companies and merchants may have privacy and data
collection practices that are different from ours. We have no responsibility or
liability for these independent policies of the payment processing companies
and Merchants. In addition, when you make certain purchases through our
Website or its Content, you may be subject to the additional terms and
conditions of a payment processing company, Merchant or us that specifically
apply to your purchase. For more information regarding a Merchant and its
terms and conditions that may apply, visit that merchant’s Website and click on
its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants
from any damages that you incur, and agree not to assert any claims against us
or them, arising from your purchase through or use of our Website or its Content
and its Services.
Termination
We reserve the right in our sole discretion to refuse or terminate your access to
the Website, its Content and its Services in full or in part, at any time without
notice. In the event of cancellation or termination, you are no longer authorized
to access the part of the Website, Content or Service affected by such
cancellation or termination. The restrictions imposed on you in these T&C with
respect to the Website, its Content and its Services will still apply now and in the
future, even after termination by you or us.
If you have any questions about these T&C, please contact us at: (469) 496-6133
​