Home About PROGRAMS FAQs Blog Contact

Posted! Terms of Purchase and Use

Last Updated April 11, 2026

 

 1. Acceptance of Terms.

 

These Terms of Purchase for Posted! ("Terms") are between you ("Member," "you," "your") and Wellness Writer LLC ("Company," "we," "us," "our") and govern your subscription to Posted!, the Company's weekly content membership ("Posted!") through the Company's website at www.wellnesswriter.com or any related domains or subdomains (the "Website"), or in person.

 

By clicking "Join Now," "Subscribe," "Purchase," or any similar button to complete your transaction, submitting payment electronically or in person, or otherwise subscribing through the Website, you are agreeing to be bound by these Terms, together with our Website Terms and Conditions located at https://www.wellnesswriter.com/website-terms and our Privacy Policy located at https://www.wellnesswriter.com/privacy, all of which are incorporated by reference (collectively, the "Agreement"). If there is any conflict between these Terms and the Terms and Conditions, these Terms will control with respect to the purchase and use of Posted!.

 

 2. Eligibility.

 

By subscribing to Posted!, you represent and warrant that you are at least 16 years old and meet all legal age requirements in your jurisdiction to enter into a binding contract and to purchase and use Posted!.

 

3. Program Description.

 

Posted! is a weekly content membership for holistic health and wellness practitioners. As part of your subscription, you will receive access to a member portal containing weekly "Prompt Drops," which may include post prompts, caption templates, audio trend suggestions, email templates, and other curated marketing resources. You may also receive access to additional materials such as AI tutorials, tech tutorials, or profile optimization resources.

 

Access to the member portal and downloadable resources is available only for the duration of your active subscription. Upon cancellation or termination, all access will cease, and you must discontinue further use of the content.

 

The Company reserves the right to modify, substitute, or discontinue any component of Posted!, including the frequency, format, or content of Prompt Drops, at any time, for any reason, without notice.

 

4. Pricing and Payment.

 

By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the "Authorized Payment Method") for all fees related to your subscription to Posted! (collectively, the "Fees"). Unless otherwise indicated, all Fees are stated and charged in U.S. dollars (USD).

 

Taxes. You are responsible for all applicable taxes, duties, and governmental charges associated with your purchase, unless the Company is legally required to collect such amounts. If the Company is required to collect sales tax or other transaction taxes, the applicable tax will be added to your order total at checkout.

 

Recurring Subscriptions. Posted! is sold on a recurring subscription basis (e.g., monthly, quarterly, or annually):

 

You authorize the Company to process recurring Fees until the subscription is terminated and all outstanding Fees have been paid in full. You must maintain a valid Authorized Payment Method on file.

 

Recurring payments are billed in advance on the date of your initial purchase and on each subsequent renewal date based on your selected billing cycle (each, a "Billing Date"). Your subscription will automatically renew at the end of each billing period unless you cancel prior to renewal. Renewal charges will be made using the same payment method you provided at checkout unless you update your billing information.

 

If we are unable to process a payment on the Billing Date, we will attempt to process the payment again 3 days later. If the subsequent attempt is unsuccessful, we reserve the right to suspend or revoke your access until all Fees are paid. If outstanding Fees remain unpaid for 30 days following suspension, the Company reserves the right to refer your account to collections.

 

  • Cancellation. You may cancel your subscription at any time by using the cancellation feature in your account settings or by contacting us at [email protected]. To avoid being charged for the next billing period, cancellation requests must be submitted at least three (3) business days before your renewal date. Upon cancellation, you will retain access through the end of your current paid billing period. No refunds will be issued for any unused portion of the current billing period. Your subscription will not auto-renew after the end of the current billing period.
  • Price Changes. The Company reserves the right to modify subscription pricing, features, or benefits with 30 days' notice to you. If you do not agree to the modified terms, you may cancel before the next Billing Date.

 

Trial Periods. If you are taking advantage of a limited-time trial-period offer, you must cancel on or before the last day of the trial period to avoid being charged. If you do not cancel before the trial period ends, you authorize us to charge your Authorized Payment Method for the applicable Fees. Once the trial converts to a paid subscription, all fees are non-refundable as described in Section 6.

 

Promotions and Discounts. We may occasionally offer promotions, discounts, limited-time offers, or bonuses ("Promotions"). Promotions are available at the Company's discretion and are not guaranteed to be available at the time of your purchase. The Company reserves the right to modify, suspend, or terminate any Promotion at any time. Unless otherwise stated, Promotions cannot be applied retroactively to prior purchases and cannot be combined with other offers. Unless expressly stated, promotional pricing applies only to the initial billing period and automatically renews at the regular Membership Fee thereafter. Existing Members are not automatically eligible for future promotions unless stated otherwise.

 

Pricing and Availability. We strive to present accurate descriptions, images, and pricing on the Website, but errors may occur. The Company reserves the right to correct any errors in Posted! listings, pricing, descriptions, specifications, or availability at any time without prior notice. If Posted! was listed at an incorrect price due to a typographical or system error, the Company will notify you and provide the option to confirm your order at the correct price or cancel for a full refund.

 

Product and Service Discontinuation. The Company reserves the right to modify, suspend, or permanently discontinue Posted!, in whole or in part, at any time and for any reason, in its sole discretion. If the Company discontinues Posted!:

If the Company discontinues Posted! for which you have paid for a subscription period that has not yet expired, the Company will provide at least 30 days' advance notice and will, at its sole discretion, offer one of the following:

 

  • A pro-rata refund for the unused portion of your paid access period.
  • A credit of equivalent value toward another product or service offered by the Company.
  • Extended access to download or save available materials before the discontinuation date.

 

The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of Posted!.

 

Payment Disputes. If you initiate a chargeback or payment dispute with your financial institution, the Company may:

 

  • Present these Terms, order confirmation, and delivery records to your financial institution, payment processor, and/or investigating agency.
  • Suspend or terminate your access to Posted! pending resolution.
  • Pursue recovery of the original purchase amount plus any fees or costs incurred by the Company as a result, to the extent permitted by law.

 

Any chargeback or payment dispute filed against the Company will be treated as a material breach of this Agreement. We encourage you to contact us at [email protected] before initiating a chargeback so we can attempt to resolve the issue directly.

 

Subscription Access Duration. Your access to Posted! content will remain active for the duration of your active paid subscription. Upon cancellation or termination, all access will cease.

 

5. Delivery and Order Confirmation.

 

When you complete your purchase, you will receive an order confirmation via email with details concerning your subscription and access to Posted!. It is your responsibility to review the order confirmation and notify us promptly at [email protected] if there are any errors.

 

Access to Posted! is activated upon receipt of your initial payment. New Prompt Drops and content are delivered on a weekly basis through the member portal. See Section 4 (Recurring Subscriptions) for billing terms.

 

The Company strives to provide continuous, reliable access to Posted! content and to deliver new materials on the schedule described; however, occasional interruptions, delays, or technical issues may occur due to circumstances within or beyond our control. You acknowledge that variations in delivery times, temporary unavailability of materials, or delays in posting content shall not constitute a breach of this Agreement or entitle you to a refund, credit, or extension of your subscription term. The Company reserves the right to modify the content delivery schedule or format at any time, provided that the overall value and purpose of Posted! are maintained.

 

Technology and Platform. Posted! may rely on third-party platforms, such as Kajabi, Canva, or other hosting or communication services. The Company does not control these platforms and shall not be liable for their performance, outages, or changes in service. You are responsible for maintaining any required third-party accounts, software, or subscriptions and for complying with each platform's own terms of service.

 

6. Refunds and Returns.

 

Because Posted! materials are delivered instantly and access cannot be revoked retroactively, all sales are final. The Company does not offer returns, refunds, or credits for partial billing periods or unused access.

 

If you believe you were charged in error, contact [email protected] within five (5) business days of the charge. Verified billing errors will be corrected promptly.

 

If required by law in your jurisdiction, you may have a limited right to cancel within a statutory "cooling-off" period. Accessing Posted! materials constitutes your express request to begin service immediately, and you acknowledge that this waives any cooling-off rights that would otherwise apply.

 

7. License Grant and Intellectual Property.

 

By subscribing to Posted!, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use Posted! content and resources for your personal or internal business use only (the "License"), subject to the terms below. The Company owns and retains all rights, titles, and interests in and to Posted!, including all copyrights, trademarks, trade secrets, and other intellectual property rights. Nothing in these Terms transfers any intellectual property ownership to you. All rights not expressly granted are reserved by the Company.

 

Authorized Use of Templated Content. You may modify, copy, edit, print, and adapt the Product for use for yourself and/or your business, provided you adhere to all applicable laws and these Terms. You may not reproduce, give away, publish, sell, license, or distribute the Product (or any modified version) to any third party. Permission to modify does not grant ownership of the underlying intellectual property. If multiple team members need access, you must purchase an additional License for each.

Permitted Use:

  • You may use the Templates for your own personal or internal business purposes.
  • You may modify and adapt the Templates to suit your specific needs.
  • You may store and access the Templates on your own devices for your authorized use.

Not Permitted

  • You may not, under any circumstances:
  • Use the Templates for or on behalf of any other individual, client, or business entity. (For example, if you are a marketing manager, agency, or virtual assistant serving multiple clients, each client must purchase their own license.)
  • Share, distribute, or publicly post the original Template files or links in any format (including via shared drives, email, or social media).
  • Resell, sublicense, or commercially exploit the Templates in whole or in part.
  • Represent or claim the Templates or any derivative version thereof as your own intellectual property.
  • Use the Templates in any unlawful, defamatory, infringing, or unethical manner.
  • Reverse-engineer, extract, or recreate the underlying structure, format, or code of the Templates for competitive purposes.

You acknowledge and agree that all Templates and related materials remain the intellectual property of the Company. Your right to use them is contingent upon full payment and ongoing compliance with these Terms.

Any unauthorized use, sharing, or redistribution of the Templates constitutes a material breach of this Agreement and may result in immediate termination of access, revocation of your license, and legal action for damages or injunctive relief. 

Authorized Use of Custom GPTs, AI Tools, and Prompt-Based Products. If the Product is a custom GPT, AI-powered tool, chatbot, AI assistant, prompt library, automation workflow, or similar product that operates on or through a third-party platform (the "AI Product"):

  • Your License grants you the right to access and use the AI Product for your personal or internal business use only, as described in the Product description at the time of purchase.
  • The Company retains all intellectual property rights in the AI Product, including all prompts, instructions, system configurations, training data, custom knowledge files, and workflows (collectively, the "AI Product IP"). The AI Product IP constitutes the Company's trade secrets and confidential information.
  • You may not, directly or indirectly:
    • Access, view, extract, reverse engineer, decompile, or attempt to discover the underlying AI Product IP.
    • Copy, reproduce, or recreate the AI Product or any substantially similar tool based on your use of or interaction with it.
    • Use the AI Product to generate outputs for training, developing, or improving any other AI model, tool, or product.
    • Share, sublicense, resell, or provide access to the AI Product to any third party.
    • Remove, bypass, or circumvent any access controls, usage limits, or other restrictions.
  • Platform Dependency. You acknowledge the AI Product operates on a third-party platform (e.g., OpenAI, Anthropic, Google) that the Company does not control. The Company is not responsible for changes, outages, or discontinuations by the third-party platform. If the platform discontinues functionality the AI Product relies on, the Company will make commercially reasonable efforts to migrate to a comparable platform. If no reasonable alternative is available, the Company's sole obligation will be to provide a pro-rata refund for any unused prepaid access period.
  • AI Output Disclaimer. The AI Product generates outputs using artificial intelligence that may be inaccurate, incomplete, or inappropriate. The Company does not warrant the accuracy or suitability of any AI-generated output. You are solely responsible for reviewing and verifying all outputs before relying on them.
  • Data and Privacy. Your inputs to the AI Product may be processed by the third-party platform provider under its own terms of service and privacy policy. The Company is not responsible for how the platform provider processes your data. Do not input sensitive personal information, confidential business information, or protected health information unless the Product description specifically states such use is supported.
  • Usage Limits. The Company may impose usage limits described in the Product description or order confirmation, and may modify them with reasonable notice.

 

Ownership of All Intellectual Property. All content, templates, prompts, graphics, designs, videos, text, logos, and other materials provided through Posted! ("Program Content") are owned by or licensed to the Company and are protected by copyright, trademark, and other intellectual property laws. Your participation in Posted! does not transfer any ownership rights to you. The Company grants you only the limited license described above. All other rights are reserved. The Company name, logos, and slogans are trademarks of the Company and may not be used without prior written consent. Any images or elements provided through Canva® or other design platforms remain subject to those platforms' licensing terms. You are solely responsible for ensuring your use complies with applicable third-party license requirements.

 

License Violations and Audit Rights. The Company reserves the right to monitor, investigate, or audit your use of Posted! to ensure compliance with these Terms. Unauthorized sharing, resale, redistribution, or reproduction of Posted! materials constitutes infringement and may result in immediate termination of access, permanent revocation of license, and legal action. The Company may pursue injunctive relief and damages for any such violations. The Company also reserves the right to monitor publicly available member content, including websites and social media profiles, to ensure compliance with these Terms.

  

Enforcement and Remedies. If the Company reasonably believes you have violated any License restriction above, the Company may immediately revoke your License and terminate your access to Posted! without refund. If you distribute Posted! content to unauthorized third parties, you agree to pay the Company the then-current retail price of the applicable content for each instance of unauthorized distribution, as liquidated damages representing a reasonable estimate of the Company's loss. The Company also reserves the right to pursue all other available legal remedies, including claims for actual damages and injunctive relief.

 

Confidentiality of Posted! Content. By accessing Posted!, you agree to treat the following as confidential and proprietary information of the Company: strategies, frameworks, methodologies, proprietary processes, business models, formulas, systems, and other non-public information contained within or disclosed through Posted! (collectively, "Confidential Information"). You shall not disclose, share, distribute, or use Confidential Information for any purpose other than the permitted use of Posted! under this License.

 

This duty of confidentiality survives the termination or expiration of your access to Posted!. This provision does not restrict your use of general knowledge, skills, or principles that are commonly known in your industry or that you independently developed without reliance on Posted!.

 

While the Company strives to maintain a supportive and respectful community environment, you acknowledge that information shared in group settings (such as live calls, forums, or private communities) cannot be guaranteed to remain confidential. The Company cannot control the actions of other participants and is not responsible for any unauthorized disclosures or use of information you voluntarily share. Please use discretion and good judgment when deciding what personal or business information to share in group settings.

 

8. Copyright and Audio Disclaimer.

 

Posted! may reference or link to trending audio, sound clips, or other creative materials available on platforms such as Instagram®, Facebook®, or TikTok®. These materials may be protected by copyright or platform-specific licensing restrictions.

 

The Company does not own or grant any rights to third-party audio, music, or media content. Any such materials are provided solely for educational or informational purposes to illustrate current trends.

 

You are solely responsible for determining whether and how you may lawfully use any referenced audio or media in accordance with the applicable platform's terms of service, copyright law, and licensing requirements. The Company disclaims all liability for any claims arising from your use of third-party materials.

 

9. Third-Party Content.

 

Posted! may include or reference materials created or owned by third parties ("Third-Party Content"), such as images, fonts, artwork, music, audio, stock media, or design elements sourced from platforms like Canva®, Instagram®, or TikTok®.

 

The Company does not own and cannot grant rights to any Third-Party Content. Such materials are provided solely for educational and illustrative purposes. You are responsible for ensuring your use of any Third-Party Content complies with the applicable license, terms of use, or copyright law. For example, Canva templates may include content that requires a paid Canva® Pro account or separate license.

 

The Company disclaims all liability for your use or misuse of any Third-Party Content. Any unauthorized or non-compliant use of such materials is solely at your own risk.

 

10. Communications and Marketing Consent.

 

By subscribing to Posted!, you consent to receive transactional, service-related, and marketing communications from the Company. These communications may include membership updates, new content announcements, promotions, and offers. You may unsubscribe from marketing emails at any time, but doing so may limit your ability to receive essential Posted! updates. The Company complies with all applicable laws regarding electronic communications, including the CAN-SPAM Act and similar international regulations.

 

11. Publicity and Content Release.

 

Testimonials, Reviews, and Feedback. During participation in Posted!, you may voluntarily provide feedback, comments, testimonials, images, video or audio recordings, or other materials ("Submissions") through the member portal, community spaces, surveys, or other Company channels.

 

By posting, uploading, or submitting any Submission, you grant Wellness Writer LLC a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, edit, distribute, publicly display, and create derivative works from such Submissions, in whole or in part, for business, educational, or marketing purposes. This includes the right to feature your Submissions on the Company's website, social media, advertising materials, or other promotional content.

 

You further grant the Company permission to use your name, likeness, image, voice, or other identifying information as included in your Submissions, without compensation, in connection with such use. You represent and warrant that you own or otherwise control all rights to your Submissions and that the use of such Submissions by the Company does not infringe upon or violate the rights of any third party.

 

You understand that the Company is not obligated to use any Submission and may remove any Submission at any time at its discretion. If you wish to revoke permission for the Company to use a specific Submission, you may contact [email protected]. The Company will make reasonable efforts to honor such requests prospectively but cannot retract materials already published.

 

Non-Disparagement. You agree to refrain from making defamatory, derogatory, or disparaging statements, whether publicly or privately, to any third party regarding the Company, its officers, directors, employees, agents, Posted!, or related services, other than as required by law. This includes directing or encouraging others to make such statements.

 

This provision does not restrict your ability to: (a) post honest reviews, ratings, or performance assessments about Posted! on any platform; (b) provide truthful information in response to a legal proceeding, governmental inquiry, or regulatory investigation; or (c) exercise any rights that cannot be waived by contract under applicable law. This section survives termination.

 

Suggested Products and Recommendations. Posted! may include suggestions or recommendations regarding third-party products, tools, or services. These are provided for informational purposes only and do not constitute endorsements or warranties, whether or not an affiliate relationship exists. You are solely responsible for evaluating and purchasing any suggested products.

 

12. Disclaimer of Warranties.

 

You understand and agree that Posted! is informational and educational in nature and does not constitute legal, medical, financial, tax, or other professional advice. The Company is not responsible for decisions you make or actions you take based on Posted!. You are solely responsible for evaluating whether any information in Posted! is appropriate for your circumstances.

 

You understand that Posted! and its materials may not be suitable for your specific state, country, or jurisdiction. You are solely responsible for consulting a licensed professional to review and modify the content as necessary.

 

Content & Marketing Compliance

The Company makes good-faith efforts to ensure that its templates, examples, and product materials align with general legal and industry standards. However, the Company makes no representation or warranty that such materials comply with specific federal, state, international, or platform-based requirements.

The Customer is solely responsible for ensuring that all materials, copy, or strategies implemented using the Product comply with applicable laws and regulations, including but not limited to:

  • Federal Trade Commission (FTC) rules on advertising, endorsements, testimonials, and results claims;
  • U.S. Food and Drug Administration (FDA) or comparable regulations concerning wellness and health statements;
  • Copyright, trademark, and publicity laws governing creative and promotional materials; and
  • Privacy and data protection laws such as GDPR, UK GDPR, CCPA, and CAN-SPAM.

The Customer is also responsible for determining whether legal disclaimers, disclosures, or other compliance statements are required in connection with their marketing or business practices, and for drafting and implementing those materials.

The Company expressly disclaims any liability for: (a) the Customer’s failure to comply with any applicable law or regulation; (b) any legal consequences resulting from the Customer’s editing or publication of Product materials; or (c) any claim or action based on the Customer’s representations, marketing statements, or use of Product content in commerce.

 

Website, Media, and Email Compliance

The Company provides information and templates intended to support best practices in website, email, and digital communication design. However, the Company makes no guarantee that such materials or examples will ensure compliance with applicable laws or accessibility standards.

The Customer is solely responsible for ensuring that their:

  • Website and digital media comply with accessibility laws such as the Americans with Disabilities Act (ADA)and Web Content Accessibility Guidelines (WCAG);
  • Email marketing and data collection practices comply with privacy and spam laws such as GDPR, CCPA, and CAN-SPAM; and
  • Online disclaimers, opt-ins, and consent mechanisms are properly drafted and implemented for their audience and jurisdiction.

The Company is not responsible or liable for any accessibility violations, data protection breaches, or compliance failures resulting from the Customer’s independent use, customization, or publication of Product materials.

THE PRODUCTS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION IN THE PRODUCTS AND DOES NOT GUARANTEE THE PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

THE COMPANY DOES NOT GUARANTEE ANY SPECIFIC RESULTS, INCLUDING FINANCIAL, BUSINESS, HEALTH, OR PERSONAL OUTCOMES, FROM YOUR USE OF THE PRODUCTS. TESTIMONIALS, CASE STUDIES, OR EXAMPLES REPRESENT INDIVIDUAL EXPERIENCES AND ARE NOT GUARANTEES OF SIMILAR RESULTS. YOUR RESULTS WILL VARY DEPENDING ON YOUR ACTIONS, EFFORTS, SKILLS, MARKET CONDITIONS, AND INDIVIDUAL CIRCUMSTANCES. NOT ACHIEVING YOUR DESIRED RESULTS IS NOT GROUNDS FOR A REFUND.

WITH RESPECT TO AI PRODUCTS, THE COMPANY SPECIFICALLY DISCLAIMS ANY WARRANTY THAT: (A) AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR ERROR-FREE; (B) THE AI PRODUCT WILL BE COMPATIBLE WITH ANY SPECIFIC PLATFORM VERSION OR UPDATE; OR (C) THE THIRD-PARTY PLATFORM WILL REMAIN AVAILABLE OR UNCHANGED.

 

Earnings and Income Disclaimer.

Any earnings, income, or financial claims or examples shown on the Website or in the Products are estimates, hypothetical scenarios, or individual testimonials only. They do not represent guarantees of your actual results. Past performance is not indicative of future results. The Company makes no income or financial claims of any kind regarding outcomes from your use of the Products. Your results will vary depending on your actions, effort, skills, market conditions, and circumstances. There is no guarantee you will earn any money using the Products, and financial risks are involved. We recommend carefully evaluating your own situation before making any decisions.

 

Personal Responsibility.

 

By participating in Posted!, you acknowledge and agree that you are solely responsible for the results you obtain from the use of Posted! materials, guidance, and resources. The Company provides educational and informational content intended to assist you in developing marketing strategies and creating compliant content; however, the success of any implementation depends on your own efforts, skills, business model, and circumstances beyond the Company's control.

 

Participation in Posted! does not create a professional-client relationship. You are responsible for exercising independent judgment, conducting due diligence, and ensuring that all materials, strategies, and content derived from Posted! comply with applicable laws, regulations, and ethical standards prior to implementation.

 

You agree to hold the Company harmless for any decisions you make, actions you take, or results you experience arising from participation in or reliance on Posted! content. 

 

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR PURCHASE OR USE OF THE PRODUCTS, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES IN CONNECTION WITH: (I) 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; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, OR DATA; OR (III) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY.

TO THE EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT.

THIS LIMITATION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

14. Indemnification.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, service providers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your purchase or use of the Products.
  • Your violation of these Terms or any applicable law.
  • Your violation of any third party's rights, including intellectual property, privacy, or publicity rights.
  • Any content you create using or derived from the Products.
  • Your improper or unauthorized use of the Products.

 

15. Termination.

We may terminate or suspend your access to the Products at any time, with or without cause, and with or without notice, including if we reasonably believe you have violated these Terms. Upon termination:

  • Your License is immediately revoked.
  • You remain responsible for all Fees incurred prior to termination, including remaining payment plan installments.
  • The Company will have no further obligation to provide the Products to you.

The Company's right to discontinue Products under Section 4 is separate from and in addition to its right to terminate individual access under this section.

All provisions that by their nature should survive termination shall survive, including intellectual property, license restrictions, confidentiality, non-disparagement, limitation of liability, indemnification, and dispute resolution. 

 

16. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal Resolution. In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your purchase or use of the Products ("Dispute"), you and the Company agree to first attempt to resolve the Dispute informally by contacting us at [email protected]. If the Dispute is not resolved within thirty (30) days, either Party may initiate binding arbitration.

Binding Arbitration. Any Dispute that cannot be resolved informally shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in Jefferson County, Colorado. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

IF THE ARBITRATION CANNOT PROCEED IN THE DESIGNATED JURISDICTION, IT SHALL BE CONDUCTED REMOTELY VIA VIDEOCONFERENCE OR IN A JURISDICTION MUTUALLY AGREED UPON BY THE PARTIES.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Costs and Attorney's Fees. Each Party shall bear its own costs in connection with the arbitration. Filing fees and arbitrator compensation shall be governed by AAA's applicable rules. If any legal action, arbitration, or other proceeding is brought for enforcement of these Terms or because of an alleged breach, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to any other relief to which it may be entitled.

Exceptions. Either Party may bring an individual action in small claims court for Disputes within jurisdictional limits. Either Party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent infringement, misappropriation, or violation of intellectual property rights. 

 

17. Governing Law.

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

 

18. Force Majeure.

The Company shall not be liable for any failure or delay in delivering the Products resulting from circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, epidemics, cyberattacks, internet or telecommunications failures, power outages, labor disputes, supply chain disruptions, or interruptions to third-party services.

 

19. Privacy.

Your purchase and use of the Products is also governed by our Privacy Policy, located at https://www.wellnesswriter.com/privacy. 

 

20. Notices.

We may provide notice to you by: (i) sending a message to the email address associated with your account, or (ii) posting a notice on the Website. Notices sent by email are effective at the time of sending. Notices posted to the Website are effective upon posting.

You may provide notice to the Company by certified mail to:

Wellness Writer LLC, PO Box 350544, Westminster, CO 80035

Notices by certified mail are effective upon actual receipt.

 

21. Modifications.

We reserve the right to update these Terms at any time. The "Last Updated" date reflects the latest version. We will notify you of material changes by posting a notice on the Website or emailing the address associated with your account. Continued use of the Products after changes constitutes acceptance of the revised Terms. 

 

22. Assignment.

You may not transfer or assign any rights or obligations under these Terms without the Company's prior written consent. The Company may freely assign its rights and obligations. These Terms bind and inure to the benefit of the Parties and their respective successors and permitted assigns.

 

23. Severability and Waiver.

If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions continue in full force.

No failure or delay by the Company in exercising any right constitutes a waiver. Any waiver is effective only if in writing and signed by an authorized Company representative.

 

24. Entire Agreement.

These Terms, together with the Terms and Conditions, Privacy Policy, and any order confirmation or additional terms presented at purchase, constitute the entire agreement between you and the Company regarding the purchase and use of Products. These Terms supersede all prior agreements, understandings, and communications on this subject matter. Headings are for convenience only and do not affect interpretation.

The Company reserves all rights not expressly granted.