Terms of Use

1. Terms

THESE TERMS OF USE (THESE “TERMS”) REPRESENT AN AGREEMENT BETWEEN YOU AND SWELLNESS INC. (“WE,” “US,” OR “SCHOOL”) AND GOVERN YOUR USE OF OUR WEBSITES AT WWW.SWELLNESS.CO, WWW.MALLORYCHAPMAN.COM, WWW.THE-PRACTICE.TEACHABLE.COM AND ANY PRODUCTS OR SERVICES MADE AVAILABLE BY MEANS OF ANY OF THE SITES (THE “PRODUCTS”. OR "PLATFORM"). WE REFER TO THE SITES AND THE PRODUCTS COLLECTIVELY IN THESE TERMS AS THE “PROGRAMS OR SERVICES.” BY USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the School’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.

Waiver of Liability

1. Terms

By accessing this School, you are agreeing to be bound by this Waiver of Liability. If you do not agree with any of these terms, you are prohibited from using or accessing this site. I hereby acknowledge and agree to the following:

Registration

Access to and use of the Platform is restricted to registered users only. Some content on the Platform may require different types of registrations and/or payment of additional fees. In order to register and use the Platform, you must provide truthful and accurate account information, including but not limited to a username, email address, phone number, billing address, and credit card information. You are responsible for updating your account information as necessary to keep it accurate. Failure to maintain accurate account information could limit your access to the Platform.

Risks of Platform Use

This Platform contains content on personal fitness, mental wellbeing, and nutrition and is not a substitute for direct, personal, professional medical care and diagnosis. We are not claiming to be or act as psychologists or medical professionals. None of the content provided on the Platform should be performed or otherwise used without clearance from your physician or health care provider first. The information provided on the Platform is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on the Platform should be misconstrued to mean otherwise.

Not all exercises shown on the Platform are suitable or appropriate for everyone. As with any exercise program, if at any point during your workout you begin to feel faint, dizzy, or have physical discomfort, you should stop immediately. You are solely responsible for exercising within your limits and seeking medical advice and attention as appropriate. We are not responsible for any injuries that result from participating in the exercises shown on the Platform.

Children’s Use

The Platform is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Platform.

The Platform and Permitted Uses

The Platform provides a variety of videos, how-to’s, written descriptions, charts, and other information on fitness programs and diets (collectively, the “Platform Content”).

The Platform can only be used for your own personal purposes. To ensure that the Platform and the Platform Content are available for all users to enjoy, you represent, warrant, and covenant that you will not permit or enable a third party to do any of the following:

(1) violate these Terms;

(2) make commercial use of the Platform that is designed to monetize the login process, the collection and use of any personal information provided by other users, or access to the Platform Content;

(3) use the Platform for any purpose that is unlawful, infringing, harmful, threatening, tortious, defamatory, libelous, abusive, obscene, invasive of another’s privacy, hateful, fraudulent, or malicious;

(4) harass or advocate harassment of another person;

(5) transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(6) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism;

(7) promote information that you know is false, misleading, or promotes illegal activities or conduct;

(8) interfere with or disrupt the Platform or any server or network involved with the operation of the Platform;

(9) collect or harvest from the Platform the names of other users for the purpose of transmitting to those other users unsolicited commercial messages;

(10) access or attempt to access any portion of the Platform or the Platform Content by any means other than through the Website or Platform or use automated tools to operate the Platform (i.e. scripts, robots, etc.);

(11) resell, rent, loan, or sublicense the Platform or Platform Content; or

(12) otherwise violates any local, national or other applicable law or regulation.

Conduct

Be participating in any program offered by Swellness Inc. You agree that you will not:

(i) use the Services in a manner that

(a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities;

(b) is fraudulent, deceptive or misleading;

(c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene;

(d) violates anyone’s rights of privacy, publicity or other rights;

(e) violates any contractual or fiduciary obligations;

(f) has an adverse effect on our business, reputation or ability to provide Services; or

(g) would otherwise be reasonably deemed objectionable under the circumstances;

(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;

(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;

(iv) violate or attempt to violate the security of the Services;

(v) reverse engineer, decompile or disassemble any portion of the Services;

(vi) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;

(i) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or

(viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.

If you become aware of any unauthorized use of the Platform or Platform Content, you must immediately notify us in writing at mallory@swellness.co. In the event that the unauthorized use occurred through your account by a third-party, you will take all steps necessary to terminate such unauthorized use and cooperate with us as may be reasonably requested to stop the unauthorized use.

ANY USE OF THE PLATFORM THAT IS NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT, IN OUR SOLE DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT WITHOUT ISSUANCE OF A REFUND.

Subscription Fees, Payment Terms, and Refund Policy

The fees charged for access to the Platform are referred to as "Subscription Fees". To access the Platform Content, you will be subject to monthly Subscription Fees in accordance with a fee schedule made available on the Platform. You will be required to submit payment monthly in advance to access the Platform. Payment of Subscription Fees will be conducted automatically on a monthly basis. If payment of a Subscription Fee is not successful for any reason, your access to the Platform will be suspended until we can collect payment from you. If we are unable to effect automatic payment via your credit card, we will attempt to notify you via email.

As a condition of using the Platform, you must provide us with payment. Payment for the Platform must be made by a valid credit card or credit card and having sufficient payment to cover the subscription fee as charged to you. Other forms of payment, including cash, check, wire transfer, or other trade format will not be accepted as payment. You are solely responsible for paying amounts billed by use to your credit card for the subscription fees. All fees are payable in Canadian dollars. Any payments made by credit card are subject to the approval of the financial institution that issued the credit card.

Subscription periods are for terms of monthly. Once the initial subscription period has expired, your contract will be renewed automatically for the same term at the rates then in effect. In order to maintain your access to the Platform, you hereby agree that we may continue to process your payments on the credit card you provided for your latest payment. If, before the end of the initial term of service you do not wish to continue renewing your contract, you must advise us in writing within 30 days.

Your Privacy

We are very sensitive to the privacy concerns of our users. Our Privacy Policy outlines the types of personal information that you may provide to us while using the Platform and explains how we handle such personal information and protect it.

The Platform and Intellectual Property

The Platform and Platform Content, including all materials, images, text, illustrations, designs, icons, photographs, video clips, audio signals, structure, layout, software, “look and feel,” and other elements contained on or otherwise making up the Platform or Platform Content (collectively, the “Content”), are protected by copyright, trademark, trade dress, and other intellectual property laws and international conventions. We own all right, title and interest in and to the Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Content solely in accordance with these Terms. You are not granted any further license to any software or intellectual property rights by these Terms. Your access to and use of the Platform is limited to your own personal electronic devices for your own personal use and may not be shared with any other person, regardless of the medium through which you are accessing the Platform.

You are specifically prohibited from personally, and on behalf of others:

(1) copying, adapting, displaying, distributing, publishing, disseminating, transmitting, storing, selling, or using the Platform or Content for any purposes or in any manner other than as intended and expressly authorized in writing by us;

(2) removing or attempting to remove from the Platform, downloading, copying, recreating, disassembling, modifying, destroying, tampering with, deactivating, translating, reverse engineering, or decompiling any software or other Content on the Platform; or

(3) assigning, selling, sublicensing, leasing, or otherwise transferring your right to use the Platform, or Content;

(4) using, displaying, or distributing any of the Content on your personal website, blog, social network or any other medium of publication, whether print or electronic.

We may terminate your access to the Platform if you are in breach of any of our intellectual property rights.

Platform Warranties and Disclaimers

We provide the Platform on an “as is” and “as available” basis. You use the Platform at your own risk. We expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties

(1) that the Platform will be permitted in your jurisdiction;

(2) that the Platform will be uninterrupted or error-free;

(3) concerning any content submitted by any member;

(4) concerning any third party’s use of content that you submit;

(5) that the Platform will meet your personal or professional needs;

(6) that we will continue to support any particular feature of the Platform;

(7) concerning sites and resources outside of the Platform, even if linked to from the Platform.

If a secondary party may have access to or view the Platform content on your computer or mobile device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms.

Indemnity

You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against all claims, damages, losses and costs that:

(1) arise from your activities on or associated with your use of the Platform;

(2) assert a violation by you of any term of this Agreement; or

(3) assert that any content you submitted to the Platform violates any law or infringes any third party right, including any intellectual property or privacy right.

Limitation of Liability

We will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Platform and/or any website with which they are linked, and/or any content, information, products or services accessible through the Platform, even if we have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of us to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for use of the Platform.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES PROVIDED WITHIN ANY AND ALL SWELLNESS INC. PROGRAMS ON THIS PLATFORM. THERE IS NO GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULTS USING THE PROGRAMS OR SERVICES PROVIDED IN CONNECTION WITH SWELLNESS INC. ALL INFORMATION PROVIDED IN CONNECTION WITH THE PROGRAMS OR SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND IS IN NO WAY TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE PROGRAMS OR SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.

Binding Arbitration

You and us agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, these Terms, and/or the Privacy Policy will be settled by binding arbitration in the Calgary, Alberta in Canada area.The arbitrator will apply Provincial and Federal law consistent with the Alberta and Canadian applicable statutes of limitations, and will honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

General Information

These Terms constitute the entire agreement and understanding between you and us and supersedes any prior agreements between you and us. These Terms and the relationship between you and us will be governed by and construed in accordance with the laws of the Province of Alberta, without regard to its conflict of laws provisions. If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision will be deemed severed herefrom and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sub-license any rights granted by these Terms without our prior express written consent. We may assign these Terms to any third party whom we choose without your consent. No waiver by us of any breach of default hereunder will be deemed a waiver of any preceding or subsequent breach or default.