Términos y Condiciones

Wellzense Terms of Use

1. Terms of Use

(a) Wellzense website provides its users (each individually a “User” or “Member” and collectively, “Users” or “Members”) with access to self-paced online courses, online masterclasses, online group coaching, zoom meetings, library of resources, online somatic classes, workshops, newsletters, online resources, and other content regarding a wide spectrum of mental health and wellness, self-care, and other tools to support your journey to wellness (“Available Content”).

(b) The terms “Wellzense”, “the Site”, “we”, “us”, and “our” refer to the Wellzense resource. The terms “you” and “your” refer to any person becoming a member of the Site, accessing and/or using the Site.

(c) We provide you access to the Site expressly subject to these Terms of Use, together with our Privacy Policy and terms.

(d) “Terms” means these Terms of Use. If you do not or are unable to agree to these Terms, do not use the Site.

(e) The Available Content on this Site is for informational purposes only. As described further in Section 15 below, Wellzense is not engaged in rendering therapy services by providing the Site, and your use of the Site does not create any therapist-patient or other treatment relationship between you and Wellzense or any of its representatives. The Site is not a substitute for medical or psychological treatment and before engaging with us, we recommend you take advice from your General Practitioner or medical professional, or psychological provider.

(f) You expressly acknowledge that Wellzense is not liable for any physical, emotional, or financial loss of any kind that you may incur as a result of using the Site.

(g) We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. We will notify you by email when we make material changes to these Terms of Use. By continuing to use the Site after any changes come into effect, you agree to the revised Terms. If you do not agree with any of the revised Terms, do not use the Site.

(h) Any and all claims against the Releasees whether arising in contract, tort, or other body of law arising under or relating in any manner to my membership with Wellzense as well as any claim asserted by me or anyone claiming a right derived from me against Wellzense shall be brought in the jurisdiction of Maricopa County, Arizona. All such claims shall be governed by the laws of the state of Arizona without regard to conflict of law principles. This release contains the entire agreement between the parties of this Agreement. This Agreement supersedes any prior or contemporaneous agreements, understandings, or negotiations regarding it subject matter. This Agreement shall be interpreted and enforced in accordance with the laws of the state of Arizona and shall be as broad and inclusive as permitted by such laws. If any provisions of this Agreement are held invalid, it is agreed that all other provisions are not to be held invalid and shall continue in full force and legal effect.

2. Your Account

(a) The Site may be accessed and used only by individuals are at least 18 years old. By using this Site, you represent that you meet this eligibility requirement.

(b) In order to access and use all of the Available Content, materials and services offered on and through the Site, you must register for an account and become a paid monthly member. When you register for an account, you must provide us with some basic information, including your first name and last name, an email address, payment information, user ID and a password. You will also have the ability to provide additional optional information in response to questions in connection with onboarding. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and confidentiality of your account. If someone is using your password or accessing your account without your permission, email us at [email protected]

3. Your Privacy

(a) Wellzense collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.

4. Prohibited Activities

(a) You agree that you will not (directly or indirectly) use the Site to advertise or disseminate advertisements regarding any offered products or services, or the need for any products or services, regardless of whether you are doing so on a professional or personal basis.

(b) For the avoidance of doubt, this prohibition includes (but is no way limited to) advertisements and disseminations of advertisements regarding the offer, purchase, sale, sharing, and/or availability any products or services. Additionally, you agree that you will not (directly or indirectly) use the Site:

To advertise or disseminate advertisements regarding any other types of promotional materials, ‘pyramid schemes’, ‘junk mail’, and ‘chain letters’;
To advertise or disseminate advertisements of a political nature, including, but not limited to, disseminating information on political rallies, marches, protests, and/or other political events;
For any unlawful purpose or for any purpose that would give rise to civil liability;
To solicit others to perform or participate in any unlawful acts;
To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
To submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site;
To upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site;
Other than for your use of the Site as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;
To spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape;
To interfere with or circumvent the security features of the Site;
To damage, disable, overburden, or impair Wellzense servers or networks;
To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
To use language, images, or other content that Wellzense in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with Wellzense’ brand; or its community guidelines; or
To post anything that exploits children or that depicts cruelty to animals.

5. User Content, Live Events, and Conduct of Others

(a) At Wellzense, we value community. Within any community two things are true: Disagreements are natural and respect is required. By using our Site or purchasing and attending, or participating in, live event workshops or Support/Coaching Sessions (as defined in Section 5), or any other Wellzense events (each an “Event” and collectively, “Events”), you agree to conduct yourself in a productive and respectful manner and otherwise in accordance with these Terms.

6. Your Participation in Support/Coaching/Workshops/Event sessions

(a) By participating in a Support/coaching Sessions/workshops or other Events in person or online, you acknowledge and agree to the following:

These Sessions are not healthcare, mental health, or therapy services and do not involve diagnosis, assessment, mitigation, or treatment of any health condition, and you will not use these Session in place of your medical treatment;
You are fully responsible for your physical and mental wellbeing while you are participating in these Session, including for all of your choices and decisions that may arise from or otherwise relate to your participation in these Sessions, and you expressly assume the risks of your participation;

You are responsible for any information you share while participating in these Sessions, including any health or other sensitive information, you provide such information voluntarily and understand that such information may not be protected under any law, and you have obtained all necessary consents if such information relates to any other person or individual;
You will maintain the confidentiality of any information shared by any other User during your participation in these sessions;

You will act in a courteous and respectful manner towards all Users participating in the Support Sessions; and
Notwithstanding anything in these Terms to the contrary, you waive and release Wellzense, and its employees, directors, and officers, from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, you ever had, now have, or will have, arising from your past, present, or future participation in these Sessions, or otherwise with respect to an Event. If you do not agree to the foregoing terms, you will not participate in Events or Sessions. Wellzense may terminate your participation, at any time, in its sole discretion, for any reason, including, if you violate these Terms of Use.

7. Site Use Restrictions and Intellectual Property

(a) As used in these Terms, “Site” means:

The website wellzensehub.comand any future affiliated website(s), including all webpages on such websites; and
The workshops, lessons, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made available to you, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); and
Any current or future public forum(s) hosted on, or as part of, the Site.

(b) All Available Content and other aspects of the Site are protected by copyright and owned, controlled, or licensed by Wellzense. You may not:

Sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Site without Wellzense express prior written consent.

8. Quality of Available Content

(a) Wellzense regularly updates the Available Content on the Site. Additionally, Wellzense test certain Available Content or Site features by making them available to you for limited periods of time. In all cases, Wellzense reserves the right to make changes to, or remove from the Site, any or all Available Content at any time without notice and without liability to you or third parties. The playback resolution and quality of the Available Content depends on a number of factors. Wellzense makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.

(b) The Wellzense website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up to date. We have taken reasonable steps to ensure that the information contained in this website is accurate, but Wellzense cannot represent that this website is free of errors. You accept that the information contained on this website may be erroneous and agree to conduct due diligence to verify any information obtained from this website and/or resources available on it prior to taking any action. Furthermore, you expressly agree not to rely upon any information contained in this website.

9. Paid Content and Subscription Services

(a) Except as expressly agreed otherwise, all fees are non-refundable once paid. All fees are in United States dollars which will be converted to your currency.

(b) Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in Wellzense sole discretion.

(d) You may cancel your subscription at any time and your access to the Site will continue for the balance of the paid-up period. No whole or partial refunds will be given for access to the Site that has been paid for but not used by you.

(e) Unless expressly cancelled by you prior to the end of your paid up period, your subscription will automatically renew each month or on an annual period and your credit or debit card, or PayPal account will be charged.

(f) If your subscription includes a free trial period, then unless expressly cancelled by you prior to the end of your free trial period, your subscription will automatically renew and your credit or debit card, or PayPal account will be charged.

10. Not Professional Advice; No Professional Relationship Created

(a) Although this Site may provide information related to mental health, psychology/psychoeducational, and other medical issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider.

(b) Wellzense is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Site, and your use of the Site does not create any therapist patient or other treatment relationship between you and Wellzense or any of its representatives.

(c) The information and resources provided are not intended to provide diagnosis or treatment or to interfere or to replace the services of your medical or psychological providers. Becoming a Member acknowledges and understands that any membership with Wellzense does not in any way establish a counselor-client relationship or privilege with Wellzense. Wellzense does not guarantee that any member will be healed or changed from the use of its services. Wellzense has not made any guarantees about the results of taking any action, whether recommended on this website or not. Wellzense provides informational resources that are intended to assist members. You as a member, nevertheless, recognize that your ultimate success or failure will be the result of your own efforts, particular situation, and other innumerable circumstances beyond the control and/or knowledge of Wellzense. You as a member also recognize that results do not guarantee any similar outcome among members and that results obtained by other members of Wellzense are no guarantee that you will be able to obtain similar results.

11. Limitation of Liability and Disclaimer of Warranties

(a) Member or user hereby acknowledges that Wellzense, PLLC (“Wellzense”), an Arizona limited liability company does operate an online holistic/wellness studio offering the following services: (including but not limited to: different styles of yoga, (e.g. Yin Yoga, Restorative Yoga, Yoga Nidra, Therapeutic Yoga, Hatha Yoga, Gentle Yoga, Somatic Yoga, Chair Yoga, Trauma Informed Yoga, Wall Yoga), mindfulness breathing, meditation practices, sound healing practices, somatic movements, (e.g. Myofascial Release, Trauma and Tension Releasing Exercises (“TRE”), meditation movements, master classes on mental health related topics such as managing stress, anxiety and burnout). In exchange for such paid or unpaid services offered, and by agreeing to engage with Wellzense, you hereby agree to this liability waiver and hold harmless agreement (“Agreement”).

(b) It is expressly understood that Your are voluntarily obtaining membership to Wellzense with a full understanding of all risks and/or injuries that may be attributable to the types of services offered. You assume and agree to accept all risks to your safety, health, and well-being during the course of your membership or engagement with Wellzense and in perpetuity thereafter. You acknowledge that Wellzense cannot guarantee risk against injury during your membership or site use in any capacity. You agree to abide by all disclaimers, warnings, rules and regulations as it pertains to my membership with Wellzense.

12. Medical Clearance

(a) You agree to have consulted a physician of your own choosing and have been advised that Your are in good health. Your physician has confirmed that you do not suffer from any physical or mental ailment which would prevent you from obtaining membership with Wellzense, or which would cause injury or death as a result of your participation in such services. In the event You experience any hazard, injury, incapacity, or illness, you will use your best efforts to contact your emergency assistance as soon as practicable.

(b) By using this website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this website, obtaining membership with Wellzense and the use of any services or products of Wellzense, or the resources available for download from this website. You agree to use prudent judgment as a reasonable person would do and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended by Wellzense.

13. Release Waiver and Hold Harmless

(a) In light of the above and in consideration for you being permitted as a member, you do, for yourself, your spouse, your heirs, your executors, your administrators, and your assigns, as far as legally permissible release and forever discharge Wellzense and its affiliates, predecessors, successors, and assigns, and all of its respective past, present and future officers, directors, shareholders, employees, and agents, and their respective heirs, executors, administrators, and assigns (collectively, the “Releasees”), of and from any and every claim arising from or by reason of any bodily injury, personal injuries known or unknown (including emotional trauma), death, or property damage resulting or alleged to result from any accident, or other episode that may occur, whether based on the negligence of, or the breach of contract by, any Releasee or any other party for whose acts any Releasee may be responsible in law or in fact, or any other cause or principle of law, as a result of my participation as a member of Wellzense or any activities connected therewith.

(c) Wellzense is not responsible for negligence or carelessness on the props (e.g. Yoga Blocks, Chairs, Straps, Yoga balls, and Bolsters) that are acquired through Wellzense. You hereby agree that you will be using any props in conjunction with the Wellzense platform at your own risk.

14. Choice of Law Provision

(a) Any and all claims against the Releasees whether arising in contract, tort, or other body of law arising under or relating in any manner to my membership with Wellzense as well as any claim asserted by me or anyone claiming a right derived from me against Wellzense shall be brought in the jurisdiction of Maricopa County, Arizona. All such claims shall be governed by the laws of the state of Arizona without regard to conflict of law principles. This release contains the entire agreement between the parties of this Agreement. This Agreement supersedes any prior or contemporaneous agreements, understandings, or negotiations regarding it subject matter. This Agreement shall be interpreted and enforced in accordance with the laws of the state of Arizona and shall be as broad and inclusive as permitted by such laws. If any provisions of this Agreement are held invalid, it is agreed that all other provisions are not to be held invalid and shall continue in full force and legal effect.

15. Termination

(a) You agree that Wellzense, in its sole discretion, may suspend or terminate your use of the Site and may remove any User Content or other data within the Site, for any reason, including, without limitation, if Wellzense believes that you have violated or acted inconsistently with these Terms of Use, if it is in the best interest of the Wellzense Member community, or to protect our brand.

16. Acknowledgement of Review and Understanding

(a) The information contained on this website and the resources available for download through this website is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of Wellzense are professionals and the information provided on this website relates to issues within Wellzense’s areas of professionalism, the information contained on this website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. Nothing available on or through this website should be understood as a recommendation that you should not consult with a professional to address your information. Wellzense expressly recommends that you seek advice from a professional when necessary.

(b) You are aware that this is a release of liability and a contract that you have agreed to through my your free will and volition. You understand that taking part in the membership courses of Wellzense holds you liable under this contract and not Wellzense.

(c) You agree that this Agreement shall be binding on you and your spouse, executors, administrators, legal representatives, heirs, and assigns. You represent that you have read the foregoing and fully understand the meaning and effect thereof, and, intend to be legally bound by its terms.

Wellzense Terms of Use

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