Terms of Use
Effective Date: _____, 2024
Nancy Sullivan Wellness, LLC (“we” or “NSW”) has provided this website for general information and educational purposes only. Use of this website is conditioned upon your acceptance of the Terms of Use below (“Terms of Use”). By accessing or using this website and any of the content or services provided through this website, you acknowledge that you have read, understand, and agree to these Terms of Use. These Terms of Use are subject to change from time to time and should be reviewed periodically for changes. Your continued use of this website after any such changes constitutes your acceptance of the Terms of Use in effect at the time of such use.
Privacy
Your use of this website will be governed by our Privacy Policy. By indicating your acceptance of these Terms of Use, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
Our Intellectual Property
This website is owned and operated by NSW. No material from this website or any website owned, operated, licensed, or controlled by NSW may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials included on this website for any other purpose is a violation of NSW’s copyright and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. Any product, process, or technology described on this website may be the subject of other intellectual property rights reserved by NSW or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to this website or any materials included on this website and you agree not to “frame” or “mirror” this website. NSW reserves all of its intellectual property rights in this website, and these Terms of Use do not grant you any right or license with respect to any such intellectual property.
Links
For your convenience, this website may be linked to other websites that are not under the control of, or maintained by, NSW. Such links do not constitute an endorsement by NSW of any such websites. Furthermore, NSW does not control the content on such websites, and NSW does not make any express or implied warranties with regard to the information, material, products, or services that are included on or accessible through such linked websites. NSW disclaims any and all liability and responsibility for any content and privacy practices found on all third-party websites.
No Warranty
DO NOT RELY ON ANY INFORMATION PROVIDED ON THIS WEBSITE OR ITS CONTINUATION. WE PROVIDE THIS WEBSITE AND ALL RELATED INFORMATION AND CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS REGARDING THIS WEBSITE OR ITS CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NSW DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS REGARDING THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.
NSW DOES NOT GUARANTEE THAT THIS WEBSITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THIS WEBSITE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. NSW DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, NSW DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THIS WEBSITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Limitation of Liability
In no event will the aggregate liability that NSW may incur in any action or proceeding exceed $100 USD. Furthermore, under no circumstances will NSW, its suppliers or licensors, its officers, directors, employees, agents, trustees or affiliates be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims arising out of or related to this website and any information or content provided on or in connection with this website (including, but not limited to, use of or reliance on this website, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or otherwise. The limitations, exclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers.
Indemnification
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations caused by your failure to comply with these Terms of Use.
No Medical Advice; Not for Use During Emergencies
NSW provides health coaching services through certified coaches. Neither NSW nor its coaches provide clinical services via this website, and no medical or psychological advice is offered via this website. Further, this website and NSW’s services are not for medical or mental health emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on this website. If you believe you have an emergency, please call 9-1-1 immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 9-8-8. This website, including the information found on this website, is for informational purposes only and does not constitute professional medical or psychological advice, diagnosis, treatment, or recommendations of any kind by NSW or its coaches.
Non-Confidential Information
Subject to any applicable Terms of Use set forth in our Privacy Policy, any communication or other material that you send to us through the internet, through email, or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and NSW shall have no obligation of any kind with respect to such information. NSW shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing services and/or products, without any compensation to you.
Governing Laws
These Terms of Use and your use of this website shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania without regard to its conflicts of laws principles. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania.
Miscellaneous
If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. NSW reserves the right to alter or delete materials from this website at any time at its discretion.