1. Use of Site
Links to external websites are provided solely as a convenience to you. Creative Wellness has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
3. No Warranty
The Materials provided at this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Creative Wellness further does not warrant the accuracy and completeness of the Materials at this Site. Creative Wellness may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Creative Wellness makes no commitment to update the Materials at this Site.
4. Limitation of Liability
In no event shall Creative Wellness, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites liked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
5. Effective Date and Updates
The Terms are effective as of September 9, 2020 and are subject to change without notice by Creative Wellness at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.
Disclaimer of Warranties and Limitation of Liability
You agree that your access to and use of the website and any content herein is at your own risk.
We do not warrant that the functions contained in any content, product, service or program offered through the website (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that host such content are free of viruses or other harmful components or are fully functional, accurate or reliable. We will not be responsible for any loss of content or material as a result of uploading to or downloading from the website and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of the information, content and materials found on sites that link to or from the website. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the website or third party information, content or materials contained on our website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or other materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
The website and products, services or programs contained herein are not substitutes for any professional advice or treatment, including the advice and treatment of a licensed health care professional. The products and services offered by the company are not suited for everyone. The creators of any products, services or programs offered herein or in connection herewith do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website. For specific concerns, questions or situations requiring professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed physician, psychologist, or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the website.
You acknowledge that you have carefully read this “disclaimer of warranties and limitation of liability” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined above) from any and all claims or causes of actions and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the internet and this website and any information provided to or taken from the website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the website or products or services offered on the website whether by us or on our behalf (including free software downloads) for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings) or any loss of goodwill or reputation, or any loss or corruption of data, or any special, indirect, incidental, consequential, punitive, or exemplary losses or damages; in any case whether or not such losses or damages were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, punitive exemplary or any other damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from the use of or any inability to use, the website or any content or functions thereof; or any act or omission, online or offline, of any user of the website or anyone else, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence), or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the website or $100.00.
Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for any incompatibility between the website and any site, service, software or hardware, or any delay or failure you may experience with any transmission or transaction related to the website.
The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Omaha, Nebraska which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.
All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Alameda County, California may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Omaha, Nebraska. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
When you visit the Website or correspond with us via e-mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between you and us relating to the Website and any matter covered and supersede all prior and contemporaneous agreements, representations, understandings or proposals between us. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.
No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.