This website, mobile application and/or electronic service (collectively referred to as the “Services”) is owned and operated by Trusted Wellness, LLC (“Company,” “we,” or “us”). The Company offers the Services conditioned upon your acceptance of these Terms.
BY ACCESSING OR USING THE SERVICES, YOU (“USER”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DISCONTINUE USE OF THE SERVICES.
WE RESERVE THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS INDICATES YOUR ACCEPTANCE OF THESE CHANGES.
WE MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES, OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES, WITHOUT NOTICE OR LIABILITY. WE MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME, AT OUR SOLE DISCRETION.
USE OF THE SERVICES IS AT USER’S SOLE RISK. NO WARRANTY IS MADE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE AND/OR ERROR FREE. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws, including any applicable local laws.
These terms and Conditions apply to your use of this website, mobile application and/or electronic service (collectively referred to as the “Services”), as well as any other website, mobile application and/or or electronic service on which these Terms appear.
Our services are in no way intended to diagnose, treat, cure, or prevent any disease. All action or inaction you decide to take based on information provided by us is your sole responsibility. Always consult with your primary physician or your healthcare provider before making any changes to your diet or starting on any new exercise regimen.
Everyone’s situation is unique beyond the scope of what we can gather without administering a full physical, and any changes you make may affect you in different ways that only a qualified healthcare professional may foresee. Information provided by us is not intended for people with health conditions, people under 18, or pregnant or breast feeding women.
A User may not impede or inhibit any other User from using and enjoying the Services. Therefore, a User agrees: (1) to not disrupt or interfere with the security of, or otherwise abuse, the Services; (2) to not upload, post or transmit any viruses or other harmful, disruptive or destructive files through or on the Services; (3) to not use or attempt to use another’s account, service or system, or link to another site, without authorization from Company; (4) to not create or use a false identity on the Services; and (5) to not transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
You are solely responsible for your interaction(s) with other users, whether online or offline. We are not responsible or liable for your conduct or the conduct of any other user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
Please note, we cannot and do not assure that other users are or will be complying with these Terms. As between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Failure by Company to object to a User’s behavior, conduct or action(s) does not constitute a consent, ratification or waiver of objection.
Optional Subscription Trials and Digital Products
The original diet program is a single payment for unlimited access.
By purchasing any digital product you understand that there are NO REFUNDS or extensions for non-use of digital products purchased since they cannot be returned once you login to access the website.
Optional coaching subscriptions can be added onto an original diet program.
You can however, if you select to add on group coaching access, then cancel that add on optional coaching you may have selected any time and will no longer be billed.
However, optional monthly group coaching membership will be made available, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the service. We will bill the monthly membership fee to the payment method used when signing up unless updated or changed by subscriber. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method
Trial Subscriptions: Your membership may start with a trial. The trial period of your membership lasts for 7 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. OlesyaNovik.com reserves the right, in its absolute discretion, to determine your trial eligibility.
Weekly Subscriptions: For weekly subscription purchases, you will automatically be rebilled until you cancel. Any cancellation request after your payment is completed will only affect the next billing period. You may cancel at any time after the initial charged has been processed.
Monthly Subscriptions: For monthly subscription purchases, you will automatically be rebilled until you cancel. Any cancellation request after your payment is completed will only affect the next billing period. You may cancel at any time after the initial charged has been processed.
Yearly Subscriptions: For yearly subscription purchases, you will be automatically rebilled until you cancel.
Ownership of Intellectual Property
All text, photographs, images, illustrations, artwork, audio clips, video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of Trusted Wellness, LLC or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only.
The following acts are prohibited, unless prior written authorization is obtained from Company: (1) copying, reproducing and/or modifying the Services or the Content or any portion, variations or derivatives thereof; (2) creation of derivative works; (3) display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part; and (4) disassembling, decompiling, reverse engineering or otherwise modifying the Content. Any unauthorized or prohibited use of our Content may subject the offender to civil liability and/or criminal prosecution under applicable federal and state laws.
In the event that we offer downloads of software and you download said software, the software (including any files, images incorporated in or generated by the software, and data accompanying the software) is licensed to you by us (or third-party licensors) for your personal, non-commercial use only. Your use of the Software may be governed by additional terms, which may be included with the Software. We do not transfer title to the Software to you. You may not copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
We reserve all rights in the Content and the Services that we do not specifically grant in these Terms.
We respect the intellectual property rights of others. If you believe any Content contained on the Services violates your intellectual property rights, please notify us using the contact information below.
Email: firstname.lastname@example.org – Mail: Trusted Wellness LLC, 1869 E Seltice Way #285, Post Falls, ID 83854
Any unsolicited ideas and/or materials posted on or sent to us via the Services are deemed User Submissions and licensed to us. Company retains all of the rights held by members of the general public with regard to said unsolicited ideas and materials.
By providing User Submissions through the Services, you represent, warrant and covenant that you own those User Submissions, or otherwise have the right to grant to us the license associated therewith.
The Company’s receipt of your unsolicited ideas and/or materials is not an admission by Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to your unsolicited ideas and/or materials. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their unsolicited ideas and/or materials, and there is no obligation for Company to pay or otherwise compensate you for any of your ideas or materials in any communications with us, whatsoever.
Company reserves the right to remove any User Submissions that it, in its sole discretion, believes to be infringing, defamatory, illegal and/or offensive.
You are and shall remain solely responsible for the User Submissions you distribute on or through any Services and for the consequences of submitting and posting same. Further, use of any User Submission is at your own risk. We are not responsible or liable for the content of any User Submission.
We have no obligation to review, monitor, display, post, store, maintain, accept or otherwise make use of, User Submissions, and you agree that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you and any other person or entity resulting from User Submissions.
We do not endorse the opinions, advice or recommendations posted or sent by users in any User Submission, and we specifically disclaim any and all liability in connection therewith.
We reserve the right, but have no obligation, to refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable.
As noted above, we respect the intellectual property rights of others. If you believe any Content contained on the Services violates your intellectual property rights, please notify us using the contact information below.
Contact Us with any questions before using this website.
The materials and content contained in this website are for general health information only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Users of this website should not rely exclusively on information provided in this website for their own health needs. All specific medical questions should be presented to your own health care provider.
Trusted Wellness LLC makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained or referenced in this website. Trusted Wellness LLC does not assume any risk for your use of this website. Users of this website should be aware that the materials and content contained in this website are only updated periodically; such materials or content may not contain the most recent information available.
Trusted Wellness LLC reserves the right to update or change information contained in this website at any time. Trusted Wellness LLC is not responsible for information appearing at hyperlinks.
In consideration for your use of and access to this website, you agree that in no event will Trusted Wellness LLC or any other party involved in creating, producing or delivering this website or any site linked to this website, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this website.
All the information on this website is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information on our website is strictly at your own risk. and we will not be liable for any losses and damages in connection with the use of this website.
From our website, you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites. Disclosure: You should assume that the owner of this website is an affiliate for providers of goods and services mentioned on this website. The owner may be compensated when you purchase after clicking on a link.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control.
You hereby represent and warrant that:
A. You are age eighteen or older;
B. You have read this agreement and thoroughly understand the terms contained in this agreement;
C. Any products you purchase from the website will be used for your personal, non-commercial use;
D. You will not re-sell, re-distribute or export any product that you order from the website;
E. Trusted Wellness LLC has the right to rely upon all information provided to Trusted Wellness LLC by you;
F. Trusted Wellness LLC may contact you by email, telephone or postal mail for any purpose, including but not limited to:
(i) follow-up calls
(ii) customer satisfaction surveys
(iii) inquiries about any orders you placed, or considered placing, at or through the website.
Without the express prior written authorization of Trusted Wellness LLC, you may not:
A. Duplicate the website (except as expressly provided elsewhere in this agreement or as permitted by law);
B. Create derivative works based on the website or any of the materials;
C. Remove any copyright or other proprietary notices from the website or any of the materials contained therein;
D. Frame or utilize any framing techniques in connection with the website or any of the materials;
E. Use any meta-tags or any other “hidden text” using the website’s name or marks;
F. “Deep-link” to any page of the website;
G. Circumvent any encryption or other security tools used anywhere on the website (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the website);
H. Use any data mining, bots, or similar data gathering and extraction tools on the website;
I. Use any device, software or routine to bypass any operational element or to interfere, or attempt to interfere, with the proper working of the website, server or activities conducted therein; or,
J. Take any action that imposes an unreasonable or disproportionately large load on the website or its network infrastructure.
A. This agreement shall remain in force as long as you access the website, use any functions or features of the website, or order anything from the website.
B. We reserve the right to terminate this agreement without notice and/or refuse to sell to anyone who we believe, in our sole discretion,
(i) has violated any of the terms of this agreement,
(ii) is abusing the products or the services we provide, or
(iii) is unable to provide us with sufficient information to allow us to properly identify the customer’s real name, address, or other contact information.
3. LIMITATION OF LIABILITY; NO WARRANTIES
A. In no event shall Trusted Wellness LLC or its officers, directors, employees or subcontractors be liable for any indirect, special, incidental, exemplary, consequential or punitive damages, under any cause of action whatsoever including but not limited to contract, tort, strict liability, warranty or otherwise, for any claim, cause of action, fee, expense, cost or loss (collectively, “claims”) arising from or related to this agreement, the products, or customer’s use of the website or any product.
B. Except as otherwise specifically stated in this agreement, the website and all products and services provided to you are provided “as is”, without any warranty whatsoever.
C. You agree that Trusted Wellness LLC entire liability for all claims shall be limited, in the aggregate, to the lesser of (i) USD $500.00, or (ii) the total amount of money You paid to Trusted Wellness LLC in the one (1) month period immediately preceding the incident on which your Claim is based. This limitation of liability shall apply for all claims, regardless of whether Trusted Wellness LLC was aware of or advised in advance of the possibility of damages or such claims.
D. The warranties and representations specifically set forth in this agreement are the only warranties and representations with respect to this agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the
parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless Trusted Wellness LLC, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your misuse or inability to use the website, or your breach of any of these terms and conditions of this agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you
Any notice required to be given under this agreement to you may be provided to you by postal mail or by email. If notice is sent by email, such notice shall be sent to the last known email address that you provided to us, and shall be deemed delivered once sent. Notices by customers to Trusted Wellness LLC must be sent in writing to the following address: Trusted Wellness LLC, Attention: Legal, 1869 E Seltice Way #285, Post Falls, ID 83854
6. FORCE MAJEURE
Trusted Wellness LLC shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Trusted Wellness LLC performance.
* Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
* Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
* Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these terms and conditions will continue in full force and effect.
* Attorneys’ Fees. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this agreement, or relating in any way to this agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.
* No Waiver. No waiver of or by Trusted Wellness LLC shall be deemed a waiver of any subsequent default of the same provision of this agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this agreement.
* Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this agreement.
* Complete Agreement. This Agreement constitute the entire agreement between the parties with respect to your access and use of the website and your ordering and use of the products, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.
* Modifications. Trusted Wellness LLC reserves the right to change any of the provisions posted herein and you agree to review these terms and conditions each time you visit the website. Your continued use of the website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes.
Trusted Wellness LLC does not and will not assume any obligation to provide you with notice of any change to this document. Unless accepted by Trusted Wellness LLC in writing, these terms and conditions may not be amended by you.
Last updated: June 26th, 2015