Terms and Conditions 


Please read these Terms and Conditions carefully and in their entirety before using www.IndividuWELL.com (the/our “Site”).

Your access to and use of the Site and/or purchasing or downloading any content, program, service, or product offered on this Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

You must be at least 18 years old and be able to consent to these Terms and Conditions. If you are under the age of 18, or you do not agree with these Terms and Conditions as stated herein, please STOP now and do not use this Site or its content.

These Terms and Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms and Conditions, you agree to the Arbitration Clause contained herein and voluntarily waive your right to a jury trial.

Definitions:

- Company/We/Our/Us means IndividuWELL, our website, www.IndividuWELL.com and associated health coaching services.
- Site means www.IndividuWELL.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
- You/Your means the user, customer, or viewer of the Site.
- Content means all written, visual or audio information contained on the Site, including emails received from IndividuWELL, and/or www.IndividuWELL.com, and written or downloadable material purchased, viewed, or otherwise offered by IndividuWELL and/or on www.IndividuWELL.com, including blog posts, illustrations, images, newsletters, e-documents, workbooks, guides and other materials.
- Site Programs/packages/Services, and/or Products means www.IndividuWELL.com, content (as defined herein), email list/newsletters, social media posts, blog posts, programs, coaching services/packages, guides, eBooks, forms, worksheets, workbooks, webinars, coaching materials and articles on the Site or through IndividuWELL.
- Personal Information means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual. For example, personal information includes your name, address, email address, telephone number and credit card information.

You understand and agree to the following:

Consent:
By using the Site including purchasing and/or downloading programs/packages, services, and/or products from our Site, you agree to act in accordance with, and abide by, these Terms and Conditions, our Privacy Policy, and Disclaimer.

By using the Site and/or making any purchase, you represent and warrant that you are at least 18 years-old. Any access to or use of the Site and its content by anyone under the age of 18 is unauthorized and in direct violation of these Terms and Conditions and our Privacy Policy.

Site Rules:
By using the Site and/or making any purchase, you hereby agree and consent NOT to:

  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content.

  • Abuse or harass any person through or on the Site.

  • Post or transmit any “spam” or unwanted, unsolicited content.

  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

  • Copy, download, share, post, or transmit our content in any way that infringes on our intellectual property rights.

  • Post or transmit content that infringes on the intellectual property rights of another person, website or company.

  • Use the Site in any way or for any purpose which violates any laws of the United States and the jurisdiction in which you use the Site.

Disclaimer:
By using the Site, you understand that IndividuWELL provides health and wellness information for educational purposes. None of the ideas presented on this website, programs, or services are intended to replace medical advice of any kind. The information provided here has not been evaluated by the U.S. Food and Drug Administration, and is not intended to diagnose, treat, cure, or prevent any disease. Full medical clearance from a licensed physician should be obtained before beginning or modifying any diet, exercise, supplements, medications, or lifestyle habits.

Changes to Terms and Conditions:
We reserve the right to change or amend these Terms and Conditions at any time without notice to you. When changes are made to these Terms and Conditions, we will update the Update date at the bottom of this page.

Links to External Websites:
Our Site may contain links to third-party external websites for direct access to information, products or services. We are not liable for any of the information contained within these external websites. We are not responsible for the way they handle your personal information or any information you provide them by visiting their website. You are responsible for reading the external website’s Privacy Policy, Terms and Conditions and Disclaimers, if provided, and use (or not use) these sites at your own discretion and risk.

Intellectual Property:
The Site and its content are intellectual property solely owned by IndividuWELL unless otherwise noted. The Site and its content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of intellectual property or other terms in the Terms and Conditions will be legally pursued to the fullest extent of the law.

Sharing Site and Content:
You must request and receive written permission in writing before sharing our Site and its content for commercial purposes. You may share the site for personal purposes, but you must link directly to the Site. You are required to give us and the Site credit by linking to the Site and its content if you share it on social media or your own website, including all photographs. Since the Site and its content are not yours, you may not in any way imply or represent that the Site or its content are yours or that you in any way created, initiated, or contributed to the Site or its content. You may not make any claims that you are in any way associated with IndividuWELL.

Purchase and Access:
During the course of your use, purchase, and/or download from the site of programs, services, and/or products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms and Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your purchase or download. Any violations of these Terms and Conditions will be legally pursued to the fullest extent of the law.

Use of Your Communication
By commenting on the Site, or submitting documents to IndividuWELL via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

No Claims Made Regarding Results:
Current or past-client testimonials, statements, or case studies are authentic but do not guarantee that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

No Warrantees, Guarantees, or Representations Are Being Made:
We do not offer any warranties regarding the Site and/or your purchase or download of any content, programs, services or products. The Site, programs/packages, services, products, and/or your purchases or downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

Errors and Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, IndividuWELL does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

Your Release of Us:
By using the Site or purchasing, downloading, or using IndividuWELL’s programs/packages, services, and products, you agree to release, forgive, and forever discharge IndividuWELL, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

Arbitration Clause:
If you have any complaint or issue arise in the use of the Site or IndividuWELL’s programs/packages, services, and/or products, please contact us directly first by using our contact form on www.IndividuWELL.com. If we are unable to amicably resolve your dispute in that manner, you agree that you and IndividuWELL shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should an arbitration hearing need to be held, it shall be held within 20 miles of Arlington Heights, IL.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Illinois. The only award that can be issued to you is a refund of any payment made to IndividuWELL for the applicable product or service. You are not permitted to seek additional damages, including consequential or punitive damages.

Consent to Governing Law, Jurisdiction, Service:
These Terms and Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Illinois. You hereby irrevocably agree and consent: 1) to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Illinois or a state court located within the State of Illinois in connection with any matter arising out of these Terms and Conditions, Privacy Policy, Disclaimer, or as a result of your use, download, or purchase from the Site, programs/packages, services, and/or products. 2) that process may be served on you in any manner authorized by the Laws of the State of Illinois for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Illinois.

Payment and Purchases:
We accept most US-issued credit cards. When you purchase or download one of our programs/packages, services or products from us or the site you give IndividuWELL permission to charge your credit card for payment. You will receive an electronic receipt following your purchase, which you should retain for your records.

If you elect the installment or “pay over time” option for coaching service, you agree that IndividuWELL has permission to automatically charge the installment amounts due on the date(s) agreed upon, without checking with you before each installment transaction is charged.

If your payment method fails or is otherwise declined, your access to coaching programs or services will cease until payment is made. You are still responsible for the cost of services rendered.

We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your purchase or use of our site and its content.

Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Our refund policy for coaching sessions/packages is outlined in the coaching agreement. Note: Purchases made from third parties linked from our site may have different refund policies. If you have any questions or concerns, please use our contact form on the Site.

Limitation of Liability:
IndividuWELL is not responsible or liable in any way for damages you receive directly or indirectly from your use, purchase, or download from our Site, content, programs/packages, services, and/or products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

Defense and Indemnification
You shall, at all times, indemnify, defend, and hold harmless IndividuWELL, Kelley Hvizdos, and all of our officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by IndividuWELL and Kelley Hvizdos (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms and Conditions, Disclaimer or Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, programs/packages, services, and/or products, and purchases/downloads if you abuse, violate, or breach any of these Terms and Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

Entire Agreement
These Terms and Conditions, our Privacy Policy and Disclaimer, and the Coaching Agreement constitute the entire agreement between you and us with respect to the Site, programs/packages, services, and/or products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, programs/packages, services, and/or products.

Severability
The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein

Privacy and Security:
Please read our Privacy Policy for how we handle your personal information.

Contact:
If you have any questions or concerns regarding these Terms and Conditions, you may contact us using the following information:

Website: www.IndividuWELL.com (contact form)

Updated on April 12, 2019