Introduction

Welcome to Lifestyle Health & Wellness! This document sets forth the Terms and Conditions (“Terms”) that govern your use of our website and services (collectively, the “Services”) we offer, including our membership programs and online learning courses. These Terms and Conditions set out the legal agreement between you and Lifestyle Health & Wellness, LLC. By accessing or using the website and Services, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws. If you do not agree to these Terms, please do not use our website and Services.

Section I: Subscription Membership

1.1 Our website offers a monthly or annual subscription membership for access to our Services and support.

1.2 You must be 18 years or older to subscribe to our membership.

1.3 To subscribe, you must provide accurate and complete information and keep your account information up-to-date. We reserve the right to terminate your membership if you provide false information or engage in any inappropriate conduct.

1.4 You are responsible for maintaining the confidentiality of your login details and for any activity that occurs under your account. You agree to notify us immediately if you suspect any unauthorized use of your account.

1.5 By subscribing to one of our memberships, you agree to pay the monthly or annual fee and any taxes associated with your membership.

1.6 Your subscription will automatically renew each month or year, depending on your chosen subscription plan, and the fee will be automatically charged to your preferred payment method. You may cancel your subscription at any time by contacting us.

1.7 Our membership fee is subject to change at any time, and we will provide you with prior notice of any fee changes.

Section II: Cancellation Policy

2.1 You may cancel your subscription at any time. However, certain cancellation rights may apply.

2.2 If you cancel your subscription, you will continue to have access to the Services until the end of your current billing cycle.

2.3 You may cancel your subscription at any time by following the instructions in your account settings or by contacting us.

2.4 We do not provide refunds for any subscription fees, except as required by law. If you are not satisfied with our services, please contact us to discuss how we can improve your experience.

Section III: Code of Conduct

3.1. When using the Services, you agree to comply with all applicable laws and to respect the rights and dignity of others.

3.2 You agree to use our website and Services in a respectful, responsible, and professional manner.

3.3 You agree to not engage in any harmful, illegal, or unethical behavior, including, but not limited to:

• Discrimination and/or harassment of other users
• Infringement of intellectual property rights, such as copyright or trademark laws
• Distribution of malware or other harmful software
• Posting of offensive or inappropriate content, such as hate speech, violence, or sexually explicit content
• Attempt to gain unauthorized access to our Services or to any computer systems or networks connected to our Services.

3.4 We reserve the right to remove any content or terminate your account if we determine that you have violated our Code of Conduct.

3.5. You agree not to post or transmit any harmful, threatening, defamatory, obscene, or otherwise offensive material through the Services.

3.6. You agree not to impersonate another person or entity, or to use a false name or email address when using the Services.

Section IV: Professional Use of Video/Virtual Meetings

4.1 Our Services and support may include video or virtual meetings with industry professionals.

4.2 When you participate in virtual sessions, classes, or meetings, you agree to use the technology in a professional and responsible manner and to follow the code of conduct set out in Section 3 of these Terms. This includes, but not limited to:

• Being dressed appropriately
• Using appropriate language and behavior and respecting the privacy and confidentiality of other participants.
• Avoiding disruptive behavior
• Not recording, sharing, or otherwise distributing any content from the session without prior consent from Lifestyle Health & Wellness

Section V: Intellectual Property Rights

5.1 The Services and all content, including but not limited to text, software, music, sound, photographs, video, graphics, and the arrangement thereof (collectively, the “Materials”), are protected by intellectual property laws, including copyright and trademark laws. Lifestyle Health & Wellness owns all rights, title, and interest in and to the Services and the Materials, including all copyrights and other intellectual property rights.

5.2 We grant you a limited, non-exclusive, non-transferable license to access and use our Materials for personal, non-commercial use.

5.3 You may not copy, distribute, display, or otherwise use the Materials for any commercial or public purpose without our prior written consent.

Section VI: Copyright & DMCA Notice

6.1 We respect the intellectual property rights of others and expects our users to do the same. If you believe that any content on our website infringes your copyright, you may submit a notice to us in accordance with the Digital Millennium Copyright Act (DMCA). The notice must include:

• Your name, address, and contact information
• Identification and description of the copyrighted work that you claim has been infringed
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement by you with signature, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

6.2 Our designated agent for notice of claims of copyright infringement can be reached with our contact information found below.

Section VII: User Content

7.1 Lifestyle Health & Wellness may allow you to submit, upload, publish, or otherwise make available content, but not limited to text, photographs, and videos (collectively, “User Content”).

7.2 You retain all rights in your User Content and are solely responsible for your User Content.

7.3 By making any User Content available through Lifestyle Health & Wellness, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit your User Content in connection with Lifestyle Health & Wellness.

Section VIII: Medical Disclaimer

8.1 The information and services provided on our website are for educational and informational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

Section IX: Email Marketing

9.1 By subscribing to our membership or email newsletter, you agree to receive marketing and promotional emails from Lifestyle Health & Wellness.

9.2 You can opt-out of receiving these emails at any time.

Section X: Dispute Resolution

10.1 Any dispute arising out of or related to these Terms and Conditions, or the use of our website or Services, shall be resolved exclusively through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.

10.2 In no event shall we be liable for any damages of any kind arising from the use of our website or Services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.

Section XI: Accessibility

11.1 Lifestyle Health & Wellness, LLC is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.

11.2 We aim to comply with all applicable standards, including the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) 2.1 level AA. We seek to make our website as accessible as possible.

11.3 If you have trouble accessing any part of our website or need assistance with any content, please contact us at contactus@lifestylehealthandwellness.org, and we will endeavor to provide the content you need in a format accessible to you.

Section XII: Data Privacy

12.1 Lifestyle Health & Wellness, LLC is committed to protecting the privacy and security of our users’ personal information. We comply with all applicable data protection laws, including the Georgia personal data protection act and the Health Insurance Portability and Accountability Act (HIPAA), where applicable.

12.2 We collect, use, and disclose personal information only as necessary to provide our services and as permitted by law. Our privacy policy provides detailed information on how we handle user data.

12.3 We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, protecting personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

Section XIII: Limitation of Liability

13.1 To the fullest extent permitted by law, Lifestyle Health & Wellness, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

13.2 Our total liability for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services.

Section XIV: Arbitration Clause

14.1 Any dispute or claim relating in any way to your use of any of our Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.2 The federal arbitration act and federal arbitration law apply to this agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s supplementary procedures for consumer-related disputes.

14.3 The arbitration will be conducted in the state of Georgia. There will be no judge or jury in arbitration, and court review of an arbitration award is limited.

14.4 You and Lifestyle Health & Wellness, LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Section XV: Governing Law

15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Georgia, without giving effect to its conflict of laws provisions.

Section XVI: Changes to Terms and Conditions

16.1 We may update these Terms from time to time. If we make changes, we will revise the “Effective Date” at the top of this document. We encourage you to review these Terms periodically to stay informed about our services and your obligations.

16.2 Continued usage of this website and Services, consents to any changes made.

Section XVII: Contact Us

17.1 If you have questions or concerns about these Terms, please contact us at contactus@lifestylehealthandwellness.org.

17.2 Thank you for choosing Lifestyle Health & Wellness, LLC. We look forward to helping you develop a lifestyle that enhances your quality of life as you achieve your fitness and health goals.

Effective Date: 26JAN2024