Terms of Use for Courses & Instruction by Denise Wellin/WellinLife
 Please read these Terms of Use carefully before purchasing, accessing, or using any of our programs, products, and services.

Overview
By using www.wellinlife.com or classes offered by WellinLife DBA – online or at any location, referred to as this “Site,” all visitors, referred to as “user,” “you” and “your,” are bound by these Terms of Use. The terms “we,” “us,” and “our” refer to Denise Wellin (the “Company”), owner of www.wellinlife.com or movenow.wellinlife.com or Zoom classes offered by WellinLife, DBA - online or at any location.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. Likewise, by clicking “Buy Now,” “Purchase”, "Enroll", or any other phrase on a purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with products by the Company, and you are entering into a legally binding agreement with the Company, subject to these subsequent Terms of Use.

By using the Site, you agree to these Terms of Use, without modification, and acknowledge reading them. We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Use with the modifications.

Site Use
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Purchase Policy
 By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with products, programs, or services by the Company.

Cancellation Policy
On all products and services, money paid is non-refundable unless otherwise mentioned. In the event of a live class that is cancelled by the instructor a refund will be offered. In the event that a scheduled class changes format from in person to online due to a global pandemic or natural disaster or other unforeseen event a refund will be granted if requested. A transfer to a different class/workshop may be offered, if available, in this case.

The Company does not offer refunds for buyer’s remorse. Refunds will only be issued within the first 30 days of purchase/enrollment, where the purchaser has completed at least 75% of the course in order as it's presented in the curriculum, and they can prove—through written documentation and photographic evidence—that they have completed all lessons, tasks, activities and discussions and seen no tangible benefit. Refunds will not be issued on the basis of the course not being suited to the purchaser’s level of activity or education in the given field. It is the responsibility of the purchaser to ensure the course suits their needs, through the outline on the course sales page, or by emailing the Company directly.

If the User selects a payment plan option, the User agrees to pay fees to the Company according to the payment schedule set forth on the Company's website, or otherwise provided to the User, and the payment plan selected by the User.

If the User selects a payment plan option, and in the event that the User fails to make any of the payments within a payment plan on the agreed upon due date, the Company has the right to immediately disallow participation by User until payment is paid in full, including disallowing access to the Site and its Content. If User does not commence within seven (7) business days, the Company has the right to terminate the agreement and remove access to the Site from the User.

In the event that the User defaults on any payment plans within the scope of the Company, the Company has the right to refuse enrolment in other courses utilizing a payment plan option.

Intellectual Property of Denise Wellin/WellinLife
The Site contains intellectual property owned by Denise Wellin/WellinLife, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property as well as the Denise Wellin/WellinLife logo, all designs, text, graphics, photographs, videos, other files, and the selection and arrangement thereof.

You shall not download any of the Materials from the Site in any fashion. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.

Agreement of Release and Waiver of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site. Additionally, Denise Wellin/WellinLife is not liable for damages in connection with (1) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (2) loss of revenue, anticipated profits, business, savings, goodwill or data; and (3) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Denise Wellin/WellinLife has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Denise Wellin/WellinLife incur any cumulative liability to you in excess of $100.

By using the Content of the Site, the User acknowledges that the Company does not warrant the accuracy of any information provided, and is not liable for any losses the User may suffer by relying on Company’s advice or information. The Company makes no representation or warranty that the information provided within the Site, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

By using the Content of the Site, the User acknowledges that the Company cannot guarantee the outcome of services and/or recommendations within the Product and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.

You acknowledge that the Company has not and does not make any representations as to the future outcome of any kind that may be derived as a result of use of the Company’s Content. Testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Content.

Through use of the Content, the Company may provide the User with information relating to services and/or other products that the Company believes might benefit the User, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.

In addition, you consent that in using this Site, and by participating in any activities presented in the Materials presented on the Site, that: (1) you are fully aware that you are participating in classes and/or workshops that involve physical activity and exertion, which may be strenuous and can cause injury; (2) you are fully aware of the risks and hazards involved in participating in physical activity and exertion; (3) you understand that it is your responsibility to consult with a physician prior to and regarding participation in classes and/or workshops at presented on the Site; (4) you represent and warrant that you are in proper physical condition and that you have no medical condition that would prevent my participation in said programs.

Therefore, in consideration of being permitted to participate in the classes and/or workshops, and/or individual sessions presented on this Site, you agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in any of the above said programs at movenow.wellinlife.com. Also, in further consideration of being permitted to participate in classes and/or workshops, and/or individual sessions, you knowingly, voluntarily, and expressly waive any claim you may have against Denise Wellin/WellinLife in the present, as well as in the future, for any injuries or damages known or unknown that you may sustain as a result of participating in the above said programs. You, your heirs, or legal representatives, forever release, waive, discharge, and covenant not to sue WellinLife and Denise Wellin for injury or damages that I may sustain as a result of participating in any of their classes and/or workshops, either on their premises or elsewhere.

As previously noted, accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein. Likewise, enrolling by any means, electronically, verbally, or otherwise, you agree to enter into a legally binding agreement with the Company, subject to these Terms of Use, and you hereby certify that you have read the above Agreement of Release and Waiver of Liability and that you fully understand the contents.

Third-party Resources
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Use, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Release of Claims

In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.

Online Commerce
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through the Site 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.

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 Site 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.

Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. The company reserves the right to refuse enrolment and access to any course materials for any reason.

Assignment
These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, or otherwise transferable by you. Any transfer, assignment, or delegation by you is invalid.

Entire Agreement; Waiver; Headings
This Agreement constitutes the entire agreement between you and Denise Wellin/WellinLife pertaining to the Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Denise Wellin/WellinLife shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Denise Wellin/WellinLife. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Updated: December 31, 2020.