Last updated: September 12, 2022
Please read these Terms ( “Terms”) carefully before using lawellnesshome.com (“Website”) operated by LA WELLNESS HOME, INC. (“Company,” “Us,” “We,” or “Our”), services provided at Our facilities (“Facilities”), and any other services We provide that may refer to these Terms (the Website, Facilities, and other services are collectively referred to as the “Services”).
By using Our Services, You are indicating Your acknowledgment and acceptance of these Terms and any and all amendments thereof. These Terms are subject to change by Us at any time at Our sole discretion.
The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to LA WELLNESS HOME, INC., with business address 2428 N LINCOLN ST., BURBANK, CA 91504, and to any and all Company Facilities.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Website, such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Services.
Terms (also referred as “Terms”) mean these Terms that form the entire agreement between You and the Company regarding the use of the Services.
Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available on Our Services.
Website refers to LA WELLNESS HOME, accessible from lawellnesshome.com
You (also, referred to as “Your”) means the individual accessing or using the Our Services, or other legal entity on behalf of which such individual is accessing or using Our Services, as applicable.
These are the Terms governing the use of Our Services and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of Our Services.
Your access to and use of Our Services is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use Our Services.
If you do not agree to any of these Terms or any changes to these Terms, please do not use, access, or continue to access Our Services, or discontinue any use of Our Services immediately.
When using Our Website, You affirm that You are either at least 18 years of age, or an emancipated minor, or You possess parental or guardian consent, and are fully able and competent:
● to assume and to fulfill the obligations set forth in these Terms,
● to make representations and warranties set forth in these Terms, and
● to abide by and comply with these Terms.
You agree to use Our Services only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of Our Services, render the Services inaccessible to others or otherwise cause damage to the Services. You agree not to use the Services in any manner that might interfere with the rights of third parties. To access Our Services or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of Your use of Our Services that all the information You provide to Us is true, correct, and complete. If Our Company believes the information You provide is not true, correct, or complete, We have the right to refuse Your access to Our Services or any of its resources, and to terminate or suspend Your access at any time, without notice.
From time to time, We may restrict access to some or all parts of the Services, including, without limitation, your access to Our Website.
Our Website is provided solely for non-commercial, personal use, and/or so that you may learn about Our Company and the services we provide. Subject to Your full compliance with these Terms, Company gives you the limited, non-exclusive, non-transferable, and revocable right to access and use Our Website solely for your personal and non-commercial use. Notwithstanding anything to the contrary in these Terms, Company does not give You any right to, and You hereby agree not to do any of the following:
● Use Our Website for any other purpose, including, without limitation, any commercial purpose, without Our Company’s express prior written consent. For example, You may not (and may not authorize any other person to) (i) co-brand Our Website, or (ii) frame Our Website, or (iii) hyperlink to Our Website, without the express prior written permission of an authorized representative of Our Company. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to publish, distribute or display Our Website and/or Content accessible within this Website. You agree to cooperate with Our
Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
● Use Our Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation.
● Use Our Services in a way that restricts or hinders anyone’s use of the Services, or which, as determined by Us, may harm Us or other persons using the Services or expose them to liability.
● Use a false email address or other identifying information, impersonate any person orentity or otherwise misrepresent your relationship with Company.
● Copy, stream, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute Our Website or portion thereof by any means, other than as expressly allowed by these Terms.
● Remove, alter, bypass, avoid or circumvent any intellectual property rights notice, including, without limitation, copyright, trademark or other proprietary rights notice, digital rights management mechanisms or other content protection measures included in or associated with Our Website.
● Introduce any material which is malicious or technologically harmful, including, without limitation, viruses, trojan horses, worms, bugs, or logic bombs.
Any unauthorized use by You, or otherwise on Your computer or personal device of Our Services or any portion thereof will immediately terminate the limited rights granted to You under these Terms, and such termination will be without prejudice to any other right or remedy Company may have under applicable law or in equity.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property of any person.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit Your notice in writing to the attention of Our copyright agent (“Copyright Agent”) via email at [email protected] and include in Your notice a detailed description of the alleged infringement following the DMCA requirements.
DMCA requires the email address of the Copyright Agent in order to receive infringements notices.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
● A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
● Identification of the URL or other specific location on the Website where the material that You claim is infringing is located.
● Your address, telephone number, and email address.
● A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● A statement by You, 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.
Any notification by a copyright owner or a person authorized to act on copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. You can contact our Copyright Agent via email at [email protected]. Upon receipt of a notice, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged Content from Our Services. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counternotice. All notices and counternotices must meet the then current statutory requirements imposed by the DMCA. See https://www.copyright.gov/title17/92appb.html for details.
Our Website and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors.
Our Website is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or website without the prior written consent of the Company.
Company owns all content displayed or made available on or through, or otherwise included in, Our Website, including, without limitation, all text, video clips, audio clips, copyrights, graphics, trademarks, service marks, trade names, logos, icons, images, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof, but excluding any Content created, posted, or provided by its users or customers (“IP”). Our Website and IP, including the selection, coordination, arrangement and enhancement of IP and the design, layout and “look and feel” of Our Website, constitute valuable intellectual property of Company, and are protected by applicable intellectual property laws and rights, including, without limitation, copyright, patent, or trademark. Our Website and IP are licensed, not sold, to You, and Your limited rights to access and use the said Website or IP or both are conditioned upon your compliance with these Terms. Company and its licensors hereby expressly reserve all rights in the Website and IP, and may revoke Your license to use any part of the Website and IP at any time.
Our Website may be hyper-linked to other Third-Party Media Services which are not maintained by or related to Company. The inclusion of any hyperlink to a Third-Party Media Service does not imply endorsement, sponsorship, or recommendation by Company of that Third-Party Media Service. Hyperlinks to such Third-Party Media Services are not sponsored by or affiliated with this Website or Company or both. Company has not reviewed any such Third-Party Media Services and is not responsible for their content. Hyperlinks are to be accessed at Your own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or Third-Party Media Services hyperlinked to this Website. If you access a hyperlink to a Third-Party Media Service, please be aware that you will leave Company’s Website and will become subject to the Terms of the linked Third-Party Media Services.
Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service. You further acknowledge and agree that Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third-Party Media Services. We recommend that you make yourself aware of the Terms of any Third-Party Media Services you access from our Company’s Website.
You understand that Company cannot and does not guarantee or warrant that the files available for downloading from the Internet and/or Our Website will be free of viruses, worms, Trojan horses, or other codes that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for Your use of the Internet and/or Our Website.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH OUR SERVICES AND BY COMPANY AND ANY THIRD-PARTY MEDIA SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WE DO NOT WARRANT THAT OUR WEBSITE OR ANY OF FUNCTIONS THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF OUR WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES OR ON THIRD-PARTY MEDIA SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. COMPANY MAKES NO REPRESENTATION OF ANY KIND THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, AND THAT OUR WEBSITE WILL BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR WEBSITES, OPERATE WITHOUT INTERRUPTION, OR MEET ANY PERFORMANCE OR RELIABILITY.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY’S PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED:
(I) AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
OUR WEBSITE MAY OFFER HEALTH AND WELLNESS INFORMATION, FEATURES, FUNCTIONALITIES, SERVICES AND CONTENT MADE AVAILABLE THEREIN, INCLUDING WITHOUT LIMITATION ANY ADVICE, INFORMATION, AND/OR OTHER MATERIALS (“WELLNESS FEATURES”) DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL OR PHSYCOLOGICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, COUNSELOR, OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE OR WELLNESS PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OUR SERVICES. COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES OF YOU HAVING READ, USED AND/OR RELIED UPON ANY WELLNESS FEATURES. NOTHING STATED OR POSTED ON OUR WEBSITE OR AVAILABLE THROUGH ANY THIRD-PARTY MEDIA SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR DECISION TO RELY ON AND/OR USE ANY WELLNESS FEATURE WE OFFER IS AT YOUR SOLE RISK, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY AND DEATH, ARISING OUT OF OR RELATED TO YOUR RELIANCE ON OR USE OF ANY WELLNESS FEATURE.
Pursuant to these Terms, the collective liability of Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors (collectively, “Company“) for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages arising out of or in connection with any problems or dissatisfaction with Our Website, including, without limitation, loss of profit or revenue, pain and suffering, emotional distress, or similar damages (regardless of the form of action, whether in contract, tort, or otherwise), whether such damages were foreseeable or not or Company has been advised of the possibility of such damages, shall not exceed ten US Dollars ($10).
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
You agree to release, defend, indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from all third-party claims, liabilities, losses, damages, demands, complaints, actions, judgements, settlements, fines, penalties, costs and expenses (including without limitation reasonable attorneys’ fees) (“Claims”), arising out of or related to:
(1) Your use of Our Services; (2) Your failure to comply with these Terms or with any applicable law, rule and/or regulation; or (3) your infringement, misappropriation or violation of Our Website, IP or of any third party’s intellectual property right. We will use reasonable efforts to promptly notify You of any such Claim and will provide You (at Your sole expense) with reasonable assistance in defending the Claim. Any failure to provide You with a prompt notice shall not limit Your indemnification obligations unless You can establish actual prejudice resulted from such failure. Company reserves the right, at Your expense, to assume the exclusive defense and control of any Claim for which You are required to provide indemnification, and You agree to cooperate with Us in defending against those Claims. You may not settle any claims, actions, and/or proceedings for which You are required to provide indemnification, without Company’s prior written consent to that effect.
You may not post, send, submit, publish, or transmit in connection with Our Website any Content that:
● You do not have the right to post, including, without limitation, proprietary material of any third party.
● Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act.
● Is vulgar, obscene, pornographic, or indecent.
● Threatens or abuses others, libels, defames, invades privacy, and stalks.
● Is racist, abusive, harassing, threatening or offensive.
● Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
● Infringes any intellectual property or other right of any entity or person, including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity.
● Violates any law or may be considered to violate any law.
● Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on Our Website.
● Solicits funds, advertisers, or sponsors.
● Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications.
● Disobeys any policy or regulations established from time to time regarding the use of Our Website and/or any networks connected to Our Website.
● Contains hyperlinks to other websites containing content that falls within the descriptions set forth in this section (collectively, “Unauthorized Content”).
The above list of Unauthorized Content is not exhaustive and may be updated from time to time y Company without any prior notice. It is Your responsibility to check the list of Unauthorized Content before posting, sending, submitting, publishing, or transmitting any content in connection with this Website.
Company is a non-harassment institution, and strongly disapproves of any unwelcomed, inappropriate and/or offensive conduct by its personnel or its members. If You believe You have been subject to unwelcomed, inappropriate, and/or offensive conduct by any Company personnel, We encourage you to clearly and promptly notify the person engaging in such conduct (if you are comfortable doing so). We also ask that you promptly notify a member of Company’s Client Experience Team at [email protected]
When reporting Your complaint, please provide as much specific information as possible in writing, including the following regarding each alleged incident: date, time, place (specify Club’s location and time/type of training), names of any witnesses, detailed description of the incident, and any other relevant surrounding facts/circumstances.
Company will appropriately investigate the reported incidents and use its best efforts to provide due process for all parties. Company will use its best efforts to maintain confidentiality throughout the investigative process to the extent practicable. Notwithstanding anything to the contrary in these Terms, Company’s duty to investigate and take corrective action as appropriate may require the disclosure of certain confidential information, and therefore confidentiality cannot be guaranteed.
Any disputes or complaints not resolved via this complaint process will be subject to the Arbitration procedures set forth below for all such complaints.
Email Us at [email protected] to address any concerns You may have regarding Your use of Our Services. Most concerns may be quickly resolved without resorting to formal dispute resolution mechanisms. You and Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating any arbitration proceedings.
Class Action and Class Arbitration Waiver. You acknowledge and agree that You may only resolve disputes with Us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations (collectively, “Class Actions”) are not allowed. The arbitrators may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. You and Company each hereby expressly waive Your respective right to file a Class Action or seek relief on a class basis. If any court or arbitrator determines that the Class Action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and You and Company shall be deemed to have not agreed to arbitrate disputes.
Small Claims Court Claims. Notwithstanding Your and Company’s agreement to resolve all disputes through arbitration, either You or Company may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any clause within the Terms (other than the Class Action waiver clause above) is found to be invalid, illegal, void, or unenforceable, that clause will be severed from the Terms, and the remainder of these Terms will be given full force and effect. If the Class Action waiver clause is found to be invalid, illegal, void, or unenforceable, the dispute will be decided by a court of competent jurisdiction.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using Our Services.