Terms and Conditions

Terms of Use Agreement

These Terms of Use ("Terms") are established by and in agreement with CHAD HUNLEY DBA THE WELLNESS IMPACT ("Company", "we", or "us"). The stated terms and conditions, alongside any expressly referenced documents (collectively, the "Terms of Use") regulate your accessibility and use of http://www.thewellnessimpact.com including any related content, functionality, and services presented through these websites, whether as a guest or a registered user. The term "Website" denotes each aforementioned website or any combination thereof. It is essential for you to review the Terms of Use carefully before you begin using the Website. By utilizing the Website, you acknowledge and agree to adhere to these Terms of Use, our privacy policy located at https://thewellnessimpact.com/privacy-policy (the "Privacy Policy"), and our disclaimer of results at https://www.thewellnessimpact.com/disclaimer ("Results Disclaimer”), all incorporated here as references. If you disagree with these Terms of Use, the Privacy Policy, or the Results Disclaimer, you should not access or use the Website. The Website is extended and open to users who are at least 18 years old, fully capable, and competent to consent to the terms, conditions, responsibilities, affirmations, representations, and warranties highlighted in these Terms of Use, and to comply with these Terms of Use. If you do not fulfill all these requirements, you must refrain from accessing or using any Website.

Amendments to the Terms of Use

At our sole discretion, we have the right to modify and update these Terms of Use periodically. All updates become immediately effective when posted and will apply to all subsequent access to and use of the Website. However, changes to the dispute resolution clauses mentioned in Governing Law and Jurisdiction will not apply to any disputes that we have genuine knowledge of on or before the date the modification is posted on the Website. Your continued use of the Website after the posting of revised Terms of Use signifies your acceptance and agreement to the modifications. We advise and expect you to regularly check the Terms of Use every time you access the Website to stay informed about any changes, as they are obligatory to you.

Website Access and Account Security

We keep the right, at our sole discretion, to retract or modify the Website, and any service or material we provide on the Website, without prior notice. We will not be liable if, for any reason, all or any part of the Website becomes unavailable at any point or for any duration. Occasionally, we may limit access to certain sections or the entirety of the Website to users, including registered users. You are accountable for: 

• Ensuring all necessary arrangements are made for you to access the Website.
• Confirming that anyone accessing the Website through your internet connection complies with these Terms of Use.

If requested to provide registration details or other information to access the Website or some of its resources, you must ensure all this information is accurate, up-to-date, and full. Any information you provide to register with this Website or otherwise, including through any interactive features on the Website, is governed by our Privacy Policy. Your consent for us to take actions relevant to your information in accordance with our Privacy Policy is assumed when you provide such information.

If you select, or are given, a username, password, or any other security information as part of our security measures, you must maintain the confidentiality of this information, and not disclose it to any third party. Your account is personal to you, and you agree not to allow others access to this Website using your login credentials. Should there be any unauthorized access or use of your username or password or any breach of security, you agree to notify us promptly. We maintain the right to disable any username, password, or other identifiers, whether chosen by you or provided by us, at any time, without specifying a reason, particularly if we deem that you have violated a provision of these Terms of Use.

Intellectual Property Protection

The Company exclusively owns all components of the Website - its features, content, function, including information, software, images, text, video, audio, design, selection, and arrangement. Such components are safeguarded by international and U.S. copyright, patent, trade secret, trademark, and other intellectual property laws. These protections extend to materials sourced from the Company's licensors or other providers. Unauthorized violation of this section is strictly forbidden except under express, Company-sanctioned written consent. Should you desire such permission, please reach out at Chad@TheWellnessImpact.com. 

The provided Terms of Use only allow personal, non-commercial use of the Website. You may not exploit, transmit, copy, distribute, modify, publicly display/perform, republish, download, create derivative works from, store, license, sell, rent, or edit any Website materials, with specific exceptions including:

• Temporary storage of materials in your computer's RAM while viewing content. 
• Storing files automatically cached by your browser for display improvements. 
• Printing or downloading a reasonable number of Website pages for personal, non-commercial purposes, excluding reproduction, publication, or additional distribution.
• Downloading a single copy of applications provided by us for personal, non-commercial use, if you accept the terms of our end user license agreement. 
• Taking actions enabled by social media features provided with specific content.

Any modification of Website material, separate use of images, audio, video, illustrations or charts, removal or alteration of copyright notices or proprietary rights, or commercial use of any parts of the Website are strictly forbidden. 

Misuse of the Website by violating these Terms of Use, including making available access to others, will result in immediate termination of your usage rights. In this case, you are obliged to return or destroy copies of materials already used. You are not granted any right, title, or interest in the Website or its content, with all unexpressed rights reserved by the Company. Any usage not explicitly permitted under the Terms of Usage is considered a violation of said terms and may infringe upon copyright or trademark laws.

Trademarks

The Company's name, any associated names, logos, service and product names, designs, and slogans are the Company's trademarks or those of its affiliates or licensors. Unauthorized usage of these trademarks is prohibited without the Company's prior written consent. All other designs, names, logos, service, and product names featured on the Website are the trademarks of their respective owners.

Prohibited Activities

Usage of the Website is strictly contingent upon compliance with these Terms of Use and for lawful purposes. You must not use the Website in any way that violates any local, state, international or federal law or regulation, exploits or harms minors, sends unsolicited promotional material, impersonates the Company, a Company employee, another user or any other individual or entity, or restricts or inhibits other's enjoyment of the Website. 

Moreover, you must refrain from activities like the overutilization of the Website causing potential disruption, using automated devices to monitor or copy material from the Website, using devices or routines that interfere with the Website's functionality, uploading harmful or malicious content, unauthorized access to or disruptions in any part of the Website or associated servers, databases, computers, launching attack on the Website such as a denial-of-service attack or a distributed denial-of-service attack, or any attempt to interfere with the proper working of the Website.

User Contributions

The website includes features such as message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive functions ("Interactive Services"). These services enable users to share, post, publish, display, or transmit content or materials ("User Contributions") to other users or individuals via the website. Every User Contribution must align with the Content Standards mentioned in these Terms of Use.

Every User Contribution posted on the website is non-confidential and non-proprietary. When you make a User Contribution, you provide us, our licensees, successors, and assigns the authority to use, adapt, perform, exhibit, distribute, or disclose any such material for any purpose—third parties included.

You ensure and certify these two points: 

• You possess or manage all the rights tied to the User Contributions and can grant the above-mentioned license to us, our licensees, successors, and assigns.
• Every one of your User Contributions complies and will continue to comply with these Terms of Use.

Please be aware that you bear responsibility for any User Contributions you provide or contribute. As a user, not the company, you accept full responsibility for such content's legality, reliability, accuracy, and relevance. We bear no responsibility or liability to any third-party concerning the content or precision of any User Contributions posted by you or any other website user.

Monitoring, Enforcement, and Termination

We reserve the right to:

• Discard or refuse any User Contributions for any reason at our discretion. 
• Act upon any User Contribution we perceive as necessary or suitable, if we believe it violates our Terms of Use, including the Content Standards, infringes on anyone's intellectual property right or other right, endangers the safety of website users or the public, or potentially implicates the company in any liability. 
• Reveal your identity or any other info about you to a third party claiming that the material you posted infringes their rights, including their intellectual property rights or privacy rights. 
• Implement suitable legal action, including referral to law enforcement, for any illegal or unauthorized use of the website. 
• Suspend or terminate your access to the entire or a portion of the website for any reason, including any violation of these Terms of Use.

We hold the right to cooperate fully with any law enforcement authorities or court order requesting or requiring us to disclose the identity or other information of anyone posting materials on or through the website.

You renounce and release the company from any claims resulting from any actions taken by the company during its investigations and from any actions taken because of investigations by either the company or law enforcement authorities.

While we aim to review all material before it is posted on the website, we cannot ensure prompt removal of objectionable material after it has been posted. Therefore, we do not assure any liability for any action or inaction regarding transmissions, communications, content provided by any user or third party. We are not liable to anyone for performing or not performing the activities described in this section.

Content Standards

These content standards pertain to all User Contributions and usage of Interactive Services. User Contributions must comply entirely with all applicable local, state, federal, and international laws and regulations.

Without restraint, User Contributions must not include any materials or content that: 

• Are defamatory, obscene, indecent, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
• Promote sexually explicit or pornographic material, violence, or discrimination of any kind. 
• Infringe copyright or other intellectual property or rights of any other person. 
• Disregard legal rights (including rights of privacy and publicity) of others. 
• May give rise to civil or criminal liability under applicable laws or regulations. 
• Are untrue or deceiving. 
• Promote any illegal activity or unlawful acts in any way. 
• Annoy or inconvenience others. 
• Impersonate any person or falsely represent your identity. 
• Involve commercial activities or sales. 
• Contain any hateful, occult, or racist content. 
• Suggest that they come from or are endorsed by us or any other person or entity if that's not accurate.

We hold the right to make the final decision if there are any disputes over whether User Contributions violate the Content Standards or not. We also reserve the right, with no prior notice, to terminate a user's access to the website if they violate this provision.

Further expectations concerning user behavior on the website may also be communicated through posts from the company on the website, and you agree to comply with such requirements.

Addressing Copyright Infringement

We treat violations of copyrighted content very seriously. We will act on any identified copyright infringements that adhere to the pertinent laws. If you notice that content on or from the website violates your copyright, you can ask for the removal of said content (or prohibit access to it) from the website. A written request must be sent to our Copyright Agent (details provided below). Your request must align with the stipulations of the Online Copyright Infringement Liability Limitation Act under the Digital Millennium Copyright Act (17 U.S.C. § 512), also referred to as DMCA. This includes:

• Your physical/electronic signature. 
• Details about the copyrighted work you believe to be infringed or if multiple, a list of such works. 
• Precise identification of the supposedly breaching content that allows us to determine its location. 
• Your contact details (name, postal address, phone number, and e-mail address if applicable). 
• A statement emphasizing your belief that the use of the copyrighted material is unauthorized. 
• A statement affirming the accuracy of the information disclosed in the written notice. 
• A statement stating under penalty of perjury, that you hold the power to act on the behalf of the copyright owner.

Incomplete compliance with Section 512(c)(3) of the DMCA could render your DMCA Notice ineffective. Be warned that knowingly presenting false misrepresentation concerning the infringement of your copyrighted material could lead to you being liable for damages, including lawyers' fees and associated costs under Section 512(f) of the DMCA.

Counter-Notification Process

If you believe that your content was mistakenly removed from the Website or wrongly access blocked, you can submit a counter-notification (termed "Counter-Notice") to our Copyright Agent. Following the DMCA, your Counter-Notice must include:

• Your signature (physical or electronic).
• Identification of the removed/disabled material and where it was before its removal or disablement. 
• Your contact details (name, postal address, phone number, and e-mail address if applicable). 
• A sworn statement citing your belief that the identified material was mistakenly removed, or access blocked due to misidentification. 
• An agreement to be under the federal court's jurisdiction relevant to your location (if outside the US, relevant to any jurisdiction where the website could be) and that you will accept service from the person (or their agent) responsible for the original complaint.

The DMCA permits the restoration of removed content if the originator of the DMCA Notice does not legally oppose you within ten days of receiving your Counter-Notice. Be aware that knowingly misrepresenting a material or activities as wrongly removed or disabled may hold you liable for damages (including legal fees and costs) under Section 512(f) of the DMCA.

• Persistent Infringements. In specific circumstances, we follow a policy to disable and/or terminate the accounts of users with multiple infringements.
• Copyright Agent. Our designated Copyright Agent for receiving DMCA Notices and Counter-Notices is Chad Hunley, who can be contacted at Chad@TheWellnessImpact.com. 

Dependence on Posted Information

Only general information is presented on our website, and we do not guarantee its accuracy, completeness, or usefulness. Any reliance you place on such information is entirely at your own risk, and any liabilities or responsibilities stemming from such reliance are deferred by us. We are not accountable for or answerable to anyone, including you, for any content or the accuracy of any materials provided by any third parties.

Website Modifications

• While we may occasionally update the website content, it may not necessarily always be comprehensive or up-to-date. We can't compel us to update any material that may be out-of-date at any time.
• Information Related to You and Your Website Process 
  • The privacy policy governs all information gathered on this website. Website usage implies agreement to any action we take concerning your data in compliance with the Privacy Policy.
• Linking to the Website and Using Social o You may create a link to our homepage, provided it doesn't harm our reputation. Creating a link indicating any association, endorsement or approval is not allowed without our express consent. 
• This Website offers social media features allowing to:
  • Link from your own or third-party websites to content on our site.
  • Share emails or other messages containing specified content or links. o Display limited parts of our website content on your weather
• Offered features can be used per the guidelines we provide against the content they display.

You are prohibited from: 

• Creating a link from an unowned website. 
• Implementing the website content into another site (framing, deep linking, in-line linking, etc.). 
• Linking to any part of the website other than the homepage. 
• Taking any action regarding website materials that contradicts other term of use. 

Immediate cooperation in the cessation of any unauthorized framing or linking is agreed upon. We reserve the right to discontinue authorization to link and may disable all social media features at any given time.

Website Links Provision

This website may contain links to other third-party websites and resources. These are merely provided for your convenience, and can include links within advertisements, banner ads, and sponsored links. We hold no jurisdiction over the content of these third-party sites, and we accept no liability for any loss or damage you might experience as a result of using them. The decision to access these links is solely yours, and any repercussions are subject to the respective website's terms of use.

Location-Based Restrictions

The proprietor of this website operates from the United States and the website is catered primarily for users within the US. We make no assurance of the website being fit for use or being accessible in other regions. Those accessing the website from outside the US must check local laws and are responsible for any legal implications.

Warranty Disclaimer

We offer no guarantee that files downloaded from the internet, or our website will be free of viruses or destructive code. The burden of establishing anti-virus procedures and checkpoints, data accuracy, and data recovery mechanisms lies with you.

Our company will not be held responsible for any damage or loss that may occur due to distributed denial-of-service attacks, viruses or any other harmful technology that could potentially affect your computer's hardware, software, data or other proprietary components through your usage of our website, or any services or items acquired from our website, including downloading material posted on it or from any other site linked to it.

By using our website, its content, or any services or items available on it, you're doing so at your own risk. These are presented on an "as-is" and "as available" basis, without warranties of any kind, whether implicit or explicit. Neither the company nor anyone affiliated with it guarantees or asserts the completeness, security, reliability, quality, accuracy, or availability of the website.

Further to the above, the company or any of its associates does not attest that the website, its content, or any services or items procured through the website will be accurate, reliable, uninterrupted, free from errors or that any defects will be addressed. It also does not assure that the website or the server hosting it is free from viruses or other damaging elements, or that the website or any services or items procured through it will fulfill your needs or expectations.

Moreover, the company does not claim to provide any medical advice or guarantee that any particular results will be achieved through using the website. Please refer to our comprehensive results disclaimer for more information, which can be found at this URL: https://thewellnessimpact.com/disclaimer. The company expressly disclaims all warranties, whether explicit or implicit, legal or otherwise, which includes, but isn't limited to, any warranties of merchantability, non-infringement and suitability for a particular purpose.

Limitation of Liability

Under no circumstances will we, or our affiliates, service providers, employees, or agents be liable for damages resulting from your use, or inability to use, the website, the accompanying programs, contents of the website or other linked websites. The company disclaims all kind of warranties, express or implied.

Indemnity

You are expected to indemnify the company and its various entities against any claims, damages, judgments, awards, losses, costs, or fees arising from violation of these terms of use or from your use of the website.

Applicable Law and Jurisdiction

All issues concerning the Website and these Usage Terms, as well as any disputes or claims originating from or connected to them (including non-contractual disputes or claims), will be determined and interpreted according to the domestic laws of the State of Tennessee, disregarding any principles or rules of law that could cause the application of laws of any other state or jurisdiction.

If you initiate any legal suit, action or proceeding arising out of, or related to these Terms of Use or the Website, it must exclusively take place in either the state or federal district courts located in Stewart County, Tennessee. Despite this, we maintain the right to file any suit, action or proceeding against you for the violation of these Terms of Use in Stewart County, Tennessee, or in your county of residence if you're based in the United States or any permissible venue if you're outside the United States. You hereby forgo any and all objections to such courts' jurisdiction over you and to conducting proceedings in such courts.

Arbitration

The company reserves the right to enforce you to submit any disputes related to these terms of use or the website to binding arbitration under the rules of the American Arbitration Association applying Tennessee law.

Waiver and Severability

Any waiver by the Company of a specific term or condition stated in these Terms of Use does not imply a waiver of any other term or condition, nor does it constitute a continuous or future waiver of the same term or condition. Additionally, the Company's failure to assert a right or provision under these Terms of Use shall not be considered a waiver of that right or provision.

In the event that any provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a court or other competent jurisdiction, that provision will be either eliminated or adjusted to the minimum extent necessary so that the remaining provisions of the Terms of Use can continue to be fully effective.

Entire Agreement

These Terms of Use, along with the other specifically referenced documents, encompass the entire agreement between you and the Company regarding the Website. They supersede any prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Website. Both you and the Company acknowledge that no reliance is being placed on any representation not explicitly stated in these Terms of Use (or in the other referenced documents).

Contacting Us

If you need to get in touch with us, please send an email to Chad@TheWellnessImpact.com.