Terms of Service

This website is owned and operated by Wellness & Nutrition With Beth LLC (“W&N”). W&N makes this site available for the sole purpose of facilitating communications between W&N and

its consumers who choose to use the website and/or seek to use programs and services offered by W&N. By visiting, using or otherwise interacting with our site and/or using our services, you agree to follow and be bound by these Terms of Service (“Terms”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these Terms, please do not use this website or any of W&N’s materials or online tools.

We may revise these Terms at any time without notice to you by posting a revised version on the website. Such revised Terms shall be effective as to all use of the website (including with respect to existing users) upon posting, and your sole remedy should you disagree with any such revision shall be to cease use of the website. Your continued use of or access to the website following the posting of any changes constitute your acceptance of those changes. If you have any questions about these Terms, please contact W&N by email.

DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS.

If you experience a medical emergency, call 911 immediately.
W&N is not licensed to practice medicine and does not render medical care or medical advice.

Interaction with providers and associates of W&N is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. Do not disregard medical advice from your regular doctor or other health professional because of information provided by a W&N provider.

YOUR COMMUNICATIONS

You are responsible for your own communications using W&N’s website and online communication tools. You may not:

  • communicate material that is copyrighted, without the permission of the copyright owner;

  • communicate material that reveals trade secrets, unless you have permission of the

owner;

  • communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

  • communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;

  • communicate a sexually explicit image;

  • communicate chain letters or pyramid schemes;

  • impersonate another person; or

  • violate the Children’s On Line Privacy Protection Act.

PERSONAL INFORMATION

Your submission of personal information through W&N’s website is governed by our Privacy Policy.

SITE CONTENT

All right, title and interest in and to the content displayed, published, downloaded, or otherwise provided on or by the site, including but not limited to information, documents, logos, graphics, sounds, images, and other content (collectively, the “Content“) are owned by W&N or by its respective third party licensors, developers, or vendors. Except as otherwise expressly permitted by W&N in writing, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the site shall be construed to confer any license to such effect to any of W&N’s intellectual property rights in the Content or the site, whether by estoppel, course of dealing, or otherwise. Please contact W&N by email if you have any questions about obtaining a license to use the ContentforanypurposeotherthanasexpresslypermittedbytheseTerms. Anyrightsnot expressly granted herein are reserved by W&N.

Subject to these terms, W&N hereby grants you a limited, revocable, non-transferable and non- exclusive license to use the software, network facilities, content and documentation on and in the W&N website to the extent, and only to the extent, necessary to access and use the W&N website and online communication tool for your personal use.

YouagreethatW&Nmay,inoursolediscretion,withoutnoticeofanysort: (a)modifyfromtime to time the design and functionality of the site and all services we offer; (b) edit, modify, or remove certain Content; (c) reasonably edit any submission or posting you or any other user provides; or (d) otherwise modify or remove any content, service, feature, or other aspect of the site or the Content.

CHARGES FOR SERVICES

If you choose to use or enroll in any programs or services offered by W&N, you will be informed of any fees to be charged at the time you make an appointment with W&N. You will be asked to supply credit card information, which will be verified prior to your online visit. All payments must be made at the time of your appointment with W&N and per W&N’s financial policies. W&N’s office and financial policies are available upon written request and will also be provided at the time of you make an appointment with W&N.

W&N may share your credit card information and related personal information to its designated credit card payment processor to facilitate payment. This information is shared solely for the purpose of collecting the fee.

RESPONSIBILITY FOR APPLICABLE FEES

You are solely and personally responsible for all fees associated with the programs and services provided to you by W&N. W&N does not accept health insurance at this time.

PASSWORDS AND ACCOUNT

Your username and password (collectively, the “Password”) will allow you to access the W&N’s online communication tool and/or program materials. You are solely responsible for controlling your Password, and are prohibited from making available your Password to any third party. You

are responsible for all activities that occur under your Password. You agree to notify W&N at

saman.wellnessandnutrition@gmail.com immediately of any unauthorized use of your Password or of any need to reset or lock down the Password(s) associated with your account.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or other W&N materials that contains typographical errors, inaccuracies or omissions that may relate to program/service descriptions, pricing, promotions, offers, and charges. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel services if any information on our site and materials is inaccurate at any time without prior notice (including after you have made an appointment or enrolled in our programs).

We undertake no obligation to update, amend or clarify information in the website or our materials, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in our programs/services or the site should be taken to indicate that all information has been modified or updated.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in W&N’s sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, W&N may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination. Accordingly, W&N may also deny you access to our programs and services (or any part thereof).

W&N may terminate any user’s right to use its website at any time. W&N reserves the right to block, delete or stop the uploading of materials and communications that it, in its sole discretion, finds unacceptable for any reason. If your right to use this site ends, you shall make no further use of this site or any information obtained from this site. If you find that you have been terminated, you may contact W&N at saman.wellnessandnutrition@gmail.com for further information.

LINKING TO OTHER SITES

From time to time, we may provide links to other websites or platforms, not owned or controlled by W&N. We do this because we think this information might be of interest or use to you or where, as a user, we can provide you with value-added services. While we do our best to

ensure your privacy, we cannot be responsible for the privacy practices of other sites. A link to a non-W&N website does not constitute or imply endorsement by W&N. Additionally, we cannot guarantee the quality or accuracy of information presented on non-W&N websites. We encourage you to review the privacy practices of any website you visit.

APPROPRIATENESS OF CONTENT

This website is not intended to attract children under the age of 18. Children under 18 must be enrolled on the site under their parent or guardian’s account as a dependent. Parents or guardians are solely responsible for being present with their minors when using W&N’s website and online tools.

NO LIABILITY FOR COMPUTERS AND NETWORKS USED TO ACCESS YOUR ACCOUNT

We are only responsible for the security of the computer systems we own and operate. W&N shall have no liability for information about you stored or recorded by any computer or mobile

device or any network, whether public or private, that you may use to access W&N’s website or online tools.

ACCEPTABLE USE

You agree not to access or use W&N’s website and/or online communication tool for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the services or the W&N online system. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.

OPERATION AND RECORD RETENTION

W&N reserves complete and sole discretion with respect to the operation of W&N’s website and online communication tools. W&N may withdraw, suspend or discontinue any functionality or feature of the services. W&N is responsible for maintaining data arising from use of the services, but does not warrant the accuracy or completeness of the data stored. W&N reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the W&N online system pursuant to its internal record retention and/or destruction policies.

DIGITAL MILLENNIUM COPYRIGHT ACT

W&N respects the intellectual property of others and expects users of our website to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you must provide the following information when providing notice of the claimed infringement to W&N:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;

  • Information reasonably sufficient to permit W&N to contact you, such as an address, telephone number and/or electronic mail address;

  • A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;

  • A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification to W&N by writing us at saman.wellnessandnutrition@gmail.com, ATTENTION: LEGAL DEPARTMENT/DMCA

COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

NO WARRANTY.
NO WARRANTY OR GUARANTEE OF A CURE IS EXPRESSED OR IMPLIED WITH ANY INFORMATION AT THIS SITE, NOR DOES W&N MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OBTAINED WITH THE INFORMATION.

THE SITE AND ALL ITS CONTENTS AND THE CONTENT PROVIDED THEREON ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, W&N EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT

NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL RISK OF USE OF THE SITE, PARTICIPATION IN SITE ACTIVITIES, OR USE OF THE CONTENT IS WITH YOU.

THE CONTENT IS FOR INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE ANY LEGAL, TAX, MEDICAL, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. THE CONTENT MAY NOT COMPLY WITH LEGAL REQUIREMENTS OR PRECEDENT IN YOUR JURISDICTION. YOU ACCEPT SOLE RESPONSIBILITY TO CONSULT WITH AN ATTORNEY (OR OTHER APPROPRIATE PROFESSIONAL) PRIOR TO USE OF THE CONTENT IN ANY MANNER OTHER THAN STRICTLY FOR INFORMATIONAL PURPOSES.

W&N MAKES NO WARRANTY THAT: (A) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FROM ALL AREAS OR JURISDICTIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY CONTENT OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE,

RECOMMENDATIONS, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE CONTENT WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. W&N SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER (OR OTHER BROWSING DEVICE, OR ANY OTHER DEVICE CONNECTED THERETO) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

W&N AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION IN, OR LINKS OR SEARCHES CONDUCTED THROUGH THIS SITE IS COMPLETE, EXHAUSTIVE, RELIABLE, CURRENT OR ACCURATE. NO CLAIMS OR ENDORSEMENTS ARE MADE FOR ANY DRUG, HERB, SUPPLEMENT, COMPOUND, THERAPY, OR TREATMENT.

LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED HEREIN, W&N SHALL NOT BE LIABLE FOR ANY

REFUNDS, DIRECT DAMAGES, COVER DAMAGES, OR THE COST OF SUBSTITUTE SERVICES. IN NO EVENT SHALL W&N, ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, or SUCCESSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND REGARDLESS OF LEGAL THEORY (WHETHER CONTRACT, TORT, PROPERTY, OR OTHERWISE), OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE OR CONTENT AVAILABLE FROM THE SITE, EVEN IF W&N HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE ABOVE LIMITATIONS ARE MATERIAL AND OF THE ESSENCE WITH RESPECT TO W&N MAKING THE SITE AND THE CONTENT AVAILABLE TO YOU.

INDEMNIFICATION

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, You agree to indemnify and hold harmless W&N and its licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their managers, members, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of W&N’s website and online communication tools and/or your receipt of services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth here. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

CHANGES TO THIS NOTICE

W&N may revise, modify or amend the information contained on this page at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to this web site or otherwise notifying you.

GOVERNING LAW; VENUE

W&N is based in New Hartford, Connecticut in the United States of America and makes no claims that the content and information included at this site is appropriate or may be downloaded outside of the United States. Access to the content and information included at this site may not be legal by certain persons or in certain countries. If you access this site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.

These Terms of Service and any separate agreements whereby we provide you services, and your rights and obligations hereunder or with respect to your use of our services or of the site or its content and materials, shall be governed by and interpreted in accordance with the laws of the State of Connecticut, excluding its choice of law rules.

Any legal action relating to these Terms, or the site or the Content, shall be instituted in a state or federal court in Litchfield County, Connecticut, provided that actions for specific performance or injunctive relief, or to enforce a judgment may be brought where necessary, and each of you

and W&N agrees to exclusive personal jurisdiction and venue in Litchfield County, Connecticut.

Any cause of action or claim you may have against or involving W&N must be commenced within one year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall modify these terms. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these terms.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions and the unenforceable portion shall be deemed to be severed from these Terms. The remaining provisions shall nonetheless be enforceable to the fullest extent

permitted by appliable law.

NOTICES

To the extent that the law and/or any applicable regulation allows for the provision of notice electronically, use of this site constitutes agreement by the user to receive all such notices electronically, including but not limited to notices required by state or federal privacy laws, and

all financial information pertinent to, or required in connection with the operation of W&N.

PRIVACY POLICY; OTHER WEBSITE AND OFFICE RULES

You agree to W&N’s Privacy Policy, to which you are also bound. All limitations of liability, disclaimers of warranty, jurisdictional and venue provisions in these Terms shall apply to any claim or question under the Privacy Policy and shall be deemed incorporated therein by reference. All other W&N policies or rules set forth on the site and/or provided to you as part of our services are also binding on you and apply to your use of the site and/or our services, and your violation thereof shall be deemed a breach of these Terms.

QUESTIONS

If you have questions and comments, or if you believe that your confidentiality has been

breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these terms, please contact W&N by email
at saman.wellnessandnutrition@gmail.com immediately.