Terms and Conditions

 

Terms and Conditions

TERMS OF USE

The information provided on this site is for educational purposes only. I am not a doctor, nor do I claim to be one, and this is not meant to be taken as medical advice. The information provided on this site is based on my own experiences as well as my own interpretations of the current research that is available. The advice and tips given on this site are meant for healthy adults only. You should consult your physician to ensure advice and tips given on this site are appropriate for your individual circumstances. If you have any health issues or pre-existing conditions, please consult your physician before implementing any of the information provided.

These Terms of Use and End User License Agreement comprise a binding legal agreement between you and Your Total Wellness, Yvonne Stanton.

Please review this agreement carefully.

  • Overview

By visiting the Your Total Wellness website or using you are accepting to be bound by these Terms of Use and you acknowledge that you have read, understood, and agree to these Terms of Use, including any additional guidelines and future modifications (collectively, the “Terms”). If you do not agree to the Terms, you may not use, or no longer use, the Your Total Wellness services. It is effective between you and us as of the date of you accepting this agreement.

These Terms cover visiting our website, and any actions you take or communications you make to us through our website or through email (the “Services”).  By continuing to use the Services you agree to the Terms and any updates to the Terms.  If you do not agree to the Terms or any updates to the Terms, you may not use the Services and must terminate your engagement with Your Total Wellness

  1. Content and License to Use Services.  

In these Terms, the content on the Services, including all information, writings, methods, data, logos, marks, designs, graphics, pictures, sound files, digital download files, other files, and their selection and arrangement, is called “Content.” All Content and all software available on the Service or used to create and operate the Services is the property of Your Total Wellness or its licensors, and is protected by domestic and international copyright laws, and all rights to the Services, such as Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Your Total Wellness.

Your Total Wellness grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you on the Services for personal use only or for use by your specific business; provided, however, that no Content may be distributed by you to any third parties without our express permission. Such license is subject to these Terms and specifically conditioned upon your compliance with these Terms. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, these Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.

  1. Your Content

The information collected when you provide information of any kind to Your Total Wellness is known as the “User Content.” By providing any User Content to Your Total Wellness, whether directly through your use of the Services, you grant Your Total Wellness and Your Total Wellness affiliates and service providers, and each of their and Your Total Wellness respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for the purpose of providing the Services and for other purposes expressed herein. Your Total Wellness does not claim any ownership in any User Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or store through the Services. You understand and acknowledge that you are responsible for any User Content submitted by you and have full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. Your Total Wellness is not responsible, or liable to any third party, for the content or accuracy of any User Content submitted by you.

Your Total Wellness disclaims all liability in connection with or arising from User Content uploaded, stored, transmitted, or otherwise distributed by you. By uploading, storing, transmitting or otherwise distributing User Content, you affirm, represent, and warrant that the User Content does not and will not: (i) violate these Terms , (ii) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (iii) slander, defame, or libel any other person; or (iv) contain any viruses, adware, spyware, worms, or other malicious code. Violators of any third-party rights may be subject to criminal and civil liability. Your Total Wellness reserves all rights and remedies against any Users who violate these Terms.

In the event Your Total Wellness receives any information or notice that any User Content uploaded, stored, transmitted, or otherwise distributed by user violates these Terms or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, Your Total Wellness reserves the right to immediately remove the User Content without notice to you and without any obligation to investigate an allegation of infringement. Your Total Wellness further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any User Content uploaded, stored, transmitted, or otherwise distributed by you, without prior notice to you.

  1. Your Limited License of User Content to Us.

We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide content and to operate the Services now and in the future. We also need the right to use your User Content in order to aggregate certain raw data contained or derived from that content, in a manner consistent with our Privacy Policy,  to provide our users additional services and information.

Therefore, by posting or distributing User Content to or through the Services, you (a) grant Your Total Wellness and its affiliates and subsidiaries a non-exclusive, royalty-free, sub-licensable, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content on the Services, in the manner in and for the purposes for which the Services from time to time uses such User Content; and (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

If your User Content is intended for the use of other users on the Services, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such users for their use in connection with their use of the Services.

These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. We reserve the right to sell or otherwise transfer aggregate data generated from the Services to third parties. We have the right to “modify, adapt, translate, and create derivative works from such User Content because the normal operation of the Services does this to your User Content when it processes it for use on the Services and any such modified, adapted, or translated derivative work is the property of Your Total Wellness property.

  1. Prohibited Activities; Enforcement of Policies

By agreeing to these Terms, you agree not to (or authorize or encourage any third party to) use the Services to (a) upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Your Total Wellness; (b) upload, store, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) use the Services for any fraudulent or inappropriate purpose, (d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access accounts of others without permission, forge another persons’ digital signature or identity, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;  or (e) use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.

In addition, you may not use the Services for any purposes related to wagering including sharing information from the Services with any person who is in the business of wagering, including any person who offers and/or supplies wagering to any other person, which includes any related services and any betting activity. Any person who becomes a User in breach of this Term or who purports to do so, shall be deemed to be engaging in fraudulent, misleading, and deceptive conduct and in addition to any other liability accruing under these Terms shall be held fully responsible, liable and accountable at law and otherwise in that regard.

Your Total Wellness reserves the right to scan all User Content to ensure compliance with these Terms. In the event Your Total Wellness determines, in its sole discretion, that your use of the Services is in violation of these Terms, Redefining Strength shall have the right without recourse by the user to immediately terminate your account.

  1. Linking to the Services.

You may provide links to the Services, provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Services, (b) your service does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Services immediately upon request by us.

  1. Registration

To use certain portions of the Services requires you to register. When registering you agree to provide us with accurate, complete registration information. You must be at least 18 years old to use the Services. Your registration must be done using your real name and accurate information. You are responsible for preventing any unauthorized use, and you agree to accept all risks of unauthorized access to your registration data. Your Total Wellness shall not be liable for any consequences that may result from incorrect, incomplete, false, stole, or lost information.

  1. Inactive Accounts; Cancellation; Termination.

You and/or Your Total Wellness may terminate your use of the Services at any time. Specifically, we reserve the right to terminate your user account and your use of the Services without prior notice if we believe in our discretion that you have violated or acted inconsistently with these Terms. When your account is terminated, we may retain an archival copy of your User Content after termination for up to sixty (60) days; however, we do not make any guarantee that we will do so.

 

 Facebook Community
8. You acknowledge that Facebook Community membership provides for public communications.

9. To become a Facebook Community member you agree to provide truthful, accurate personal details about yourself as required on the signup page for Facebook.

10. You will use the Facebook Community only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Facebook Community, either on the Facebook Community itself or otherwise, the Program, the Facebook Community and/or the individuals representing the Program and/or their employees.

11. You will not use the Facebook Community:
a. for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
b. to incite others to conduct the activities described in subparagraph 8.4(a);
c. to interfere with the lawful and reasonable use of the Forum by others; and
d. to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your Subscription.
e. You acknowledge that the moderators of the Facebook Community reserve the right to remove any messages in the Facebook Community that are inappropriate or that they reasonably believe may have a negative impact upon the Program and/or its reputation.

12. The Services may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

     13. Errors, Corrections and Changes.

We do not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Services. We are not obligated to create or provide support, corrections, upgrades, bug fixes and/or enhancements to the Services.

  1. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

     15. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and the content and materials provided therein.

     16. Electronic Communications.

When you visit the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

     17. Service Interruptions

Your Total Wellness is not responsible for interruptions of the Services beyond its control. This includes interruptions by its suppliers and natural disasters.

     18. Third Party Services

Your Total Wellness uses third-party vendors to deliver some of its Services. By using the Services, you agree to Your Total Wellness using such third-party vendors and sharing your User Content and information with these vendors. Your Total Wellness is not liable for any damages or liabilities caused by the use of any third-party vendor.

     19. Data Confidentiality and Security

Your Total Wellness has taken commercially reasonable measures to ensure the safety of User Content when it is being stored and transmitted.

     20. Privacy

Your privacy is important to Your Total Wellness/ Yvonne Stanton.

Modification of These Terms

When using the Services, any additional posted guidelines, or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms. Your Total Wellness may, at its sole discretion, modify or revise these Terms and policies at any time; by using the Services you agree to be bound by such modifications or revisions.  If you do not accept and abide by these Terms, you may not use the Services.

When the Terms have been modified, we will, at our discretion, send you a notification or post an announcement on our website which will be displayed for a period of seven (7) days from the date the Terms were modified.

 

  1. Indemnifications and Hold Harmless

You agree to defend, indemnify and hold harmless Your Total Wellness, Yvonne Stanton, its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys’ fees and reasonable settlements that YOUR TOTAL WELLNESS, Yvonne Stanton may sustain or incur by reason of (a) your use of the Services, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from Content submitted by you, (d) any claim that any User Content submitted by you caused damage to a third party, or (e) any other violation of these Terms. Your obligation to defend, indemnify and hold harmless Your Total Wellness shall survive these the termination of any license between you and Your Total Wellness, including these Terms.

  1. Disclaimer of Warranties; Limitations of Liability 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. YOUR TOTAL WELLNESS, YVONNE STANTON ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR TOTAL WELLNESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITE OR SERVICES, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES  AND PRODUCTS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND YOUR TOTAL WELLNESS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THIS SITE OR THE SERVICES.

  1. Medical Disclaimer

Your Total Wellness, Yvonne Stanton does not provide medical advice to users and all materials and advice provided by Your Total Wellness, Yvonne Stanton are not intended as a substitute for consulting a physician. All matters regarding user’s health require medical supervision and you should consult your doctor before starting any type of fitness training, any nutrition or diet including the services provided by Your Total Wellness. You acknowledge that you are entirely and completely responsible for your own health and healthcare. Testimonials and examples used are exceptional results and are not intended to guarantee, promise, represent and/or assure user that they will achieve the same or similar results.

  1. Limitation of Damages 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YOUR TOTAL WELLNESS (YVONNE STANTON) OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO ANY CLAIM RELATED TO THE SERVICES, THE USE OF OR INABILITY TO USE THE SERVICES AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOUR TOTAL WELLNESS, YVONNE STANTON OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES WILL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ANY CAUSE OF ACTION OR CLAIM THE LICENSEE MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

  1. Miscellaneous Terms

These Terms shall be governed by and construed in accordance with the laws of Australia, except for its conflicts of laws principles.

  1. NO REFUNDS

We do not refund sales purchased online, through our website or in person. By accepting these terms, you agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the services offered via this website.