TERMS OF USE

By using this website and its extensions (hereinafter “Website”), you agree to be bound by the following terms and conditions (the “Terms of Use”).  Blissfully Whole with Kelly, LLC (hereinafter “Company”) is responsible for this Website and any questions should be directed to Company.

By using this Website and utilizing Company’s services, you acknowledge and agree that you will be engaging with our health and wellness coaches, virtually, and that such services may involve risk of serious injury and/or death. You further understand that the risks vary from minor to major, depending on the services you choose to utilize. You acknowledge that you are voluntarily participating and engaging with the services offered by Company and hereby agree to accept any and all risk of injury or death, whether caused by the negligence of the Company or otherwise.

Use of this Website signifies your express waiver and release of any and all claims, now known or hereafter known, against the Company, its affiliates, subsidiaries or parent company and each of their members, shareholders, officers, governors, directors, trainers, coaches, employees, agents, successors, and assigns (collectively “Releasees”), arising out of or attributable to the services offered throughout this Website, whether arising out of the negligence of the Company or any other Releasee, and you forever release and discharge the Company and all other Releasees from liability under such claims.

Before using this Website, you represent to the Company and Releasees that you will disclose any medical or physical condition that would prevent you from safely engaging in the services offered through this Website. Further, you are aware and acknowledge that you should consult with your physician before participating in the services offered through this Website. You expressly agree to refrain from any services that you feel may be beyond your physical ability or that you otherwise feel unsafe engaging in.

You understand that the Company and its trainers, coaches and employees are not authorized to suggest or provide any medical treatment or advice. Only licensed medical professionals are qualified to give medical advice. You understand that you are hereby instructed not to act on any advice given in any communications with a health and wellness coach unless such advice has been verified by your own personal licensed medical physician. You further understand and acknowledge that the Company and its employees are not licensed dietitians or medical professionals and that any suggestions or recommendations they may give you regarding meals, supplements, beverages, or other dietary practices will not constitute medical advice by the Company or its employees. You agree to consult with your personal physician before changing any of your dietary practices. You acknowledge that only licensed medical professionals are qualified to give medical advice.

Content of Website

Neither the Company, nor any agency, officer, contractor or employee of the Company warrants the accuracy, reliability or timeliness of any information published by this system, nor endorses any content, viewpoints, products, or services linked from this system, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information.  Portions of such information may be incorrect or not current.  Any person or entity that relies on information obtained from this system does so at his or her own risk. 

Personal Use Only

The Website is made available for your personal, non-commercial use only.  You may not use the Website to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales.  You may not take any information from the Website and reformat and display such information, or mirror the Website home page on your website.  If you want to make commercial use of the Website or any information obtained therefrom, you must enter into an agreement with the Company to do so in advance. Please contact us for more information.

Use Agreement for Individuals Providing Content for the Website

In the event that any individual granted access to the Website provides content, data or information, such an individual agrees that the content, data or information is true, accurate, and is non-defamatory, obscene, lewd, lascivious, filthy, excessively violent, or harassing.

Individuals posting information, content or data shall not use access for attempting to breach, crack or otherwise circumvent security to obtain or alter the intended purposes of the Website.  The Company reserves the right to pursue civil, criminal or other legal action against you for the misuse of the Website.

Content Linked to by Website

The sites displayed as search results or linked to by the Website are developed by people over whom the Company exercises no control.  The Company cannot guarantee that the use of the Website will not locate unintended or objectionable content and assumes no responsibility for the content of any site included in any search result or otherwise linked to by the Website. 

Disclaimer of Warranties

The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on or linked to by the Website.  The Company disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.  The Company disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website.

THE WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE.  THE COMPANY AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.  THE COMPANY AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE WEBSITE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.  SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE COMPANY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).  THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE.  THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.  SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE.  SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall the Company or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Changes in Terms of Use

Company may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. Company reserves the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Intellectual Property Policy

The Company abides by laws governing trademark, copyright and proprietary information.  Use of information (including web based links) from the Website requires compliance with all copyright, trademark, and proprietary information laws.  All material on the Website pages is copyrighted by the Company unless otherwise indicated. 

Miscellaneous Provisions

These Terms of Use will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflict of laws, provisions or your actual state or country of residence.  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.  Any dispute arising out of the use of this Website shall be venued in Wright County, Minnesota.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the Company.