Terms and Conditions

Terms of Service

This document represents Wellness Marketing Solutions  Terms and Conditions (hereinafter “Terms”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 19 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using the websites, mobile applications, or blogs (collectively, the “Sites”) provided by Wellness Marketing Solutions (collectively, “Wellness Marketing Solutions ” “we,” “us” or “our”) that link to these Terms, you acknowledge that you have read, understood and agreed to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the products, services, or other materials made available through the Sites (collectively, the “Products”).

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.

Wellness Marketing Solutions reserves the right to revise these Terms at any time by updating the terms as posted on any of the Sites. If we make changes to these Terms, we will provide notice of such changes by any reasonable means, such as by sending an email notification, providing notice through the Sites, or updating the “Last Updated” date at the end of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive, or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products. By agreeing to these Terms it also constitutes your agreement to the Refund  Policy, and the Sites Privacy Policy.

We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Sites. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Sites and to change, suspend or discontinue any aspect of the Sites and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Sites or restrict your access to part, or all, of the Sites without notice or penalty. Your continued use of the Sites will constitute your acceptance of any such changes.

1. Use of the Sites

Where applicable, you may use the Sites only for your noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information, and for the consequences of such communications to the Sites. Any other use of the Sites requires the prior written consent of Nadine Brown. 

We specifically prohibit any use of the Sites, for any of the following purposes:

• Posting,      communicating or transmitting any material that infringes on any      intellectual property, publicity or privacy right of another person or      entity
• Posting      any information which is untrue, inaccurate or not your own
• Engaging      in conduct that would constitute a criminal offense or give rise to civil      liability or otherwise violate any law or regulation
• Attempting      to interfere in any way with Wellness Marketing Solutions network      security, or attempting to use the Sites’ service to gain unauthorized      access to any other computer system

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Sites. Further, you may not use any such automated means to manipulate the Sites, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Sites or any other user’s use of the Sites, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Sites, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Sites within another web site. You may not resell use of, or access to, the Sites to any third party without our prior written consent.

2. Registration and Passwords

In order to access certain services on the Sites, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Sites, including with respect to ordering, shipping and return policies, and review guidelines (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

4. Site and App not for Minors; Fraud protection

4.1. Sites not for Minors

The Sites are available to registered and unregistered users who are 18 years old and older and who have not been suspended or removed by Wellness Marketing Solutions for any reason (each a “Member”). We reserve the right to revoke your ability to access the products and services offered on the Sites for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Sites and agree to these Terms. Use of the Sites is void where prohibited by law.

4.2. Fraud protection

As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

5. Terms of sale: Online products

Wellness Marketing Solutions has an online marketplace where you can purchase digital products from us. 

5.1.  Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. 

5.2. Pricing and Availability

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your purchase, we will provide advance notice of such changes. However, We will not be able to notify you of changes in applicable taxes. The shipment of a purchase, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes.

5.3. Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase of a Physical Product. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Physical Product from Wellness Marketing Solutions, shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Physical Product for export. All physical products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

5.4. Returns and Refunds

Due to the nature of our products, all sales are final and non refundable. There are no refunds, no returns and no exchanges. Please enter the correct email address when placing your order so that you receive your order immediately. All digital downloads purchased will be sent to the email you provided at check out. Be sure to check your spam.

6. Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Sites is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies that we may correct without liability. We also reserve the right  to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Sites will be available.

7. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Sites are the property of Wellness Marketing Solutions or our vendors or licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Sites. Wellness Marketing Solutions and the Wellness Marketing Solutions logo are trademarks of Wellness Marketing Solutions All other trademarks are the property of their respective owners.  All of our Sites’ content is subject to copyright to the full right and extent as afforded by United States copyright law. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Sites. All rights not expressly granted under these Terms are reserved by Wellness Marketing Solutions.

8. Contributed Content Guidelines

[COMPANY] values your engagement. When contributing content, please consider the following guidelines:

• By      submitting or posting any materials or content on the Sites or related      social media, you grant Wellness Marketing Solutions a perpetual,      irrevocable, non-terminable, worldwide, royalty-free and non-exclusive      license to use, copy, distribute, publicly display, modify, create      derivative works, and sublicense such materials or any part of such      materials. You hereby represent, warrant and covenant that any materials      you provide do not include anything (including, but not limited to, text,      images, music or video) to which you do not have the full right to      grant Wellness Marketing Solutions license specified above. You      further represent, warrant and covenant that any materials you provide      will not contain libelous or otherwise unlawful, abusive or obscene      material. Wellness Marketing Solutions will be entitled to use any      content submitted by you without incurring obligations of confidentiality,      attribution or compensation to you.
• All      contributed content is subject to the terms set forth below and in our      standard Terms and Conditions, which include our policy regarding      copyright infringement;

We reserve the right not to post your content if it contains any of the following types of content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:

• Defame,      abuse, harass, stalk, threaten or otherwise violate the legal rights (such      as rights of privacy and publicity) of others;
• Use      obscenities, discriminatory language, or other language not suitable for a      public forum;
• Post      advertisements, “spam” content, or references to other products, offers,      or websites;
• Post      email addresses, URLs, phone numbers, physical addresses or other forms of      contact information;
• Post      unduly critical or spiteful comments of other content posted on the page      or its authors;
• Post      files that contain software or other material protected by intellectual      property laws (or by rights of privacy or publicity) unless you own or      control the rights thereto or have expressly received all necessary      consents;
• Post      files or content that contain viruses, corrupted files, or any other      similar software or programs that may damage the operation of another’s      computer;
• Falsify      or delete any author attributions, legal or other proper notices or      proprietary designations or labels of the origin or source of software or      other material contained in a file that is uploaded, or impersonate any      person or entity or falsely state or misrepresent your affiliation with      any person or entity;

In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via coach@wellnessmarksol.com

9. Disclaimers

You assume all responsibility and risk with respect to your use of the Sites. THE SITES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITES OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, [COMPANY] DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Wellness Marketing Solutions makes no warranties of any kind regarding any non-Wellness Marketing Solutions sites to which you may be directed or hyperlinked from this Sites. Hyperlinks are included solely for your convenience, and Wellness Marketing Solutions makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Wellness Marketing Solutions sites. Wellness Marketing Solutions does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Sites.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

10. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.

11. Indemnification

You agree to indemnify, hold harmless, and defend Wellness Marketing Solutions , subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Sites, your violation of these Terms or the Privacy Policy, content posted to the Sites by you, or your violation of any law or the rights of a third party.

12. Limitation of Liability

IN NO EVENT SHALL WELLNESS MARKETING SOLUTIONS, ITS  SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SITES BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WELLNESS MARKETING SOLUTIONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF [COMPANY], ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THESE SITES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THESE SITES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WELLNESS MARKETING SOLUTIONS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. Wellness Marketing Solutions is not liable for any harm inflicted on an individual that may result from the products sold on the Sites. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through the Sites. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

13. International Use

We control and operate the Sites from Jamaica. We make no representation that materials on the Sites are appropriate or available for use outside Jamaica. If you choose to access these Sites from outside Jamaica, you do so at your initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

14. Copyright Infringement; Notice and Take Down Procedures

Wellness Marketing Solutions specifically prohibits posting content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on these Sites infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Wellness Marketing Solutions will process notices of alleged infringement that it receives and will take appropriate action as required by the National Copyright Act. The Act requires that notifications of claimed copyright infringement should be sent to the following address or emailed to coach@wellnessmarksol.com:

Nadine Brown

554 Chatsworth Road

Waterford, St. Catherine

Jamaica West Indies, JMACE 27

To contact us with any questions or concerns in connection with these Terms or the Sites or to provide any notice under these Terms, please contact us.

15. User Conduct

You agree that you will not violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:

• Engage      in any harassing, threatening, intimidating, predatory, or stalking      conduct;
• Use      or attempt to use another user’s account without authorization from such      user and Wellness Marketing Solutions 
• Use      the Sites in any manner that could interfere with, disrupt, negatively      affect, or inhibit other users from fully enjoying the Sites, or that      could damage, disable, overburden, or impair the functioning of the Sites      in any manner
• Reverse      engineer any aspect of the Sites or do anything that might discover source      code or bypass or circumvent measures employed to prevent or limit access      to any Content, area, or code of the Sites;
• Attempt      to circumvent any content-filtering techniques we employ or attempt to      access any feature or area of the Sites that you are not authorized to      access;
• Develop      any third-party applications that interact with User Content or the Sites      without our prior written consent;
• Use      any robot, spider, crawler, scraper, script, browser extension, offline      reader, or other automated means or interface not authorized by us to      access the Sites, extract data, or otherwise interfere with or modify the      rendering of Site pages or functionality
• Use      the Sites for any illegal or unauthorized purpose, or engage in, encourage,      or promote any activity that violates these Terms.
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16. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

17. Waiver; Remedies

The failure of Wellness Marketing Solutions to partially or fully exercise any rights or the waiver of Wellness Marketing Solutions of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Wellness Marketing Solutions or be deemed a waiver by Wellness Marketing Solutions of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Wellness Marketing Solutions under these Terms and any other applicable agreement between you and Wellness Marketing Solutions shall be cumulative, and the exercise of any such right or remedy shall not limit Wellness Marketing Solutions’s right to exercise any other right or remedy.

18. Dispute resolution; Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WELLNESS MARKETING SOLUTIONS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

18A. Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 16 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and [COMPANY] agree (a) to waive your and [COMPANY]’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and [COMPANY]’s respective rights to a jury trial. Instead, you and [COMPANY] agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

18B. No Class Arbitrations, Class Actions, or Representative Actions

You and Wellness Marketing Solutions agree that any Dispute arising out of or related to these Terms or the Sites, Content, or Products is personal to you and Wellness Marketing Solutions and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Wellness Marketing Solutions agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Wellness Marketing Solutions agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration or on behalf of any other individual or group of individuals.

19. Miscellaneous

These Terms constitute the entire agreement between you and Wellness Marketing Solutions relating to your access to and use of the Sites and your order, receipt, and use of Products. These Terms, and any rights and licenses granted hereunder may not be transferred or assigned by you without the prior written consent of Wellness Marketing Solutions . No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance. Wellness Marketing Solutions failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

20. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose your information.

Questions: If you have any questions regarding these Terms, contact us at coach@wellnessmarksol.com.

Last Updated November 2024