Terms and Conditions

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Terms and Conditions for Access and Use of Giving Back Wellness Website

These Terms and Conditions govern your use of the Giving Back Wellness Website (the “GBW Website”) and its contents. The terms “Giving Back Wellness,” "we," "us" and "our" refer to Giving Back Wellness, Inc.

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1. BY ACCESSING THE GBW WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND THE GIVING BACK WELLNESS PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THE GBW WEBSITE.

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2. Giving Back Wellness Privacy Statement

Using the GBW Website signifies your consent to the Giving Back Wellness Privacy Policy, which can be found on the GBW Website. Personal information that you supply to Giving Back Wellness, and any information about your use of Giving Back Wellness that we obtain will be subject to the Giving Back Wellness Privacy Policy.

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3. Changes to Giving Back Wellness Website

We may discontinue or change any Giving Back Wellness content, service, item, function, price, description, or feature at any time with or without notice.

4. Use of The Giving Back Wellness Website

When you use our GBW Website blogs, communications functions, or post anything on the GBW Website or on Giving Back Wellness’s social media accounts, you agree to comply with all applicable laws, regulations, and reasonable community standards. You agree that GBW Website and its contents are only for your own personal use. You cannot use this GBW Website: for any unlawful purpose; to send spam; to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is reasonably offensive or is unacceptable or damaging to us, our customers or suppliers; to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists; to tamper with, update or change any part of the website; in a way that affects how it is run; in a way that imposes an unreasonable or disproportionably large burden on our or our suppliers' communications and technical systems as determined by us; or using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works. You use the GBW Website at your own risk. You should not rely on the GBW Website for advice. We make no representation that content on this GBW Website is appropriate or available for use in locations outside the United States.  If you choose to access GBW Website from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws. 

5. Age of Users

Children under the age of 13 may not post any information on nor purchase anything from the GBW Website and parents or legal guardians may not agree to these Terms and Conditions on their behalf.  If we become aware that a child under 13 has provided or attempted to provide us with personal information on our website or social media accounts, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use this GBW Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.  If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for their use of this GBW Website, including all financial charges and legal liability that they may incur.

6. Proprietary Rights

Giving Back Wellness reserve all rights under intellectual property law in Giving Back Wellness and in any content, logo, copyrighted, and trademarks that are on the GBW Website. You may not reproduce, reprint, publish, or otherwise redistribute content from Giving Back Wellness GBW Website without our express prior written consent. Our material posted on GBW social media accounts may be “shared” on social media provided Giving Back Wellness is credited as the source of the material.

7. Changes to the Terms and Conditions

Giving Back Wellness may change the Terms and Conditions at any time. You can review the most current version of the Terms and Conditions located on the GBW Website. Your continued use of the GBW Website after we make changes to the Terms and Conditions, signifies your acceptance of the revised Terms and Conditions. 

8. Delivery Statement and Your Consent

You agree that we may send you notices and other information concerning Giving Back Wellness or this GBW Website to any email address or mailing address that you may provide.

9. User Content That You Supply

Giving Back Wellness may allow you to supply content for the GBW Website or its functions that can be accessed and viewed by others. You agree not to post any content that violates these Terms and Conditions. If you post any content on any blog or other public area of the GBW Website, you grant us the right to use, copy, display, distribute, modify, and/or promote this content in any way and in any commercial or non-commercial medium or form without charge. By providing any User Content to the GBW Website you confirm that your User Content: is your own original work or you are authorized to provide it to the GBW Website and that you have the right to give us permission to use it for the purposes set out in these terms; will not contain or promote anything illegal, harmful, misleading, abusive, defamatory, or anything else that might cause widespread offence or bring us or our business partners into disrepute; does not take away or affect any other person's privacy rights, contract rights or any other rights; does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the GBW Website; will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; will not contain any form of mass-mailing or spam. If you do not want to grant us the permissions set out above, do not provide any material to the GBW Website. We have no obligation to publish your User Content on the GBW Website and we retain the right to remove any User Content at any time and for any reason. We do not edit, pre-vet or review any User Content displayed on the GBW Website. If you believe that any User Content does not comply with the requirements set out in this Terms and Conditions, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time. 

10. No Duty to Monitor and Third-Party Websites

You agree that we are not liable for content that is provided by others. We have no obligation to screen content that you or others may supply or post. GBW Website may include links to third-party websites.  You agree that we are not responsible or liable for any content or materials on third-party sites and we are not responsible or liable for links to unintended or inappropriate third-party websites. 

11. Disclaimer of Warranties

We provide this GBW Website and its contents "AS IS." We and make no express warranties or guarantees about this GBW Website. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.  As far as the relevant laws allow, we do not guarantee that: there will be no problems with how you use the website; or the computer or server you use to log on to the website is free of viruses or other harmful programs. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

12. Limitation of Liability

You may not assert claims for money damages arising from this GBW Website or its contents.  We shall not be liable for any indirect, special, incidental, consequential, or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Giving Back Wellness and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this GBW Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Wisconsin USA and US federal law govern these Terms and Conditions, its subject matter, your use of the GBW Website, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Wisconsin USA in the county of our choice and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF WISCONSIN OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

15. Binding Arbitration

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Giving Back Wellness may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

16. Termination

We reserve the right to terminate your use of this GBW Website if you violate the Terms and Conditions or any rules or guidelines posted on the GBW Website or for any other reason in our discretion.

17. Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this GBW Website in a way that constitutes copyright infringement, please contact Giving Back Wellness to report possible copyright infringement.  

18. Severability and Integration

This Terms and Conditions and any supplemental terms, policies, rules and guidelines posted on this GBW Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Giving Back Wellness Website Access and Use Terms and Conditions version 1.0