Terms of Use

Last updated: March 26, 2021

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, allswelllifestyle.com (our website). By using our website, you agree to be bound by, and to comply with, these Terms of Use and all of our policies: Disclaimer, Privacy, cookie, affiliate, and accessibility efforts. 

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them, as we may update them from time to time. 

IF FOR ANY REASON WHATSOEVER YOU DO NOT AGREE TO THESE TERMS OF USE OR DO NOT WISH TO BE BOUND BY THEM, YOU MUST NOT ACCESS OUR WEBSITE. 

Acceptance of the Terms

PLEASE READ THESE TERMS BEFORE USING OUR SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING ANY OF OUR SERVICES, VISITING ANY OF OUR DIGITAL PROPERTIES OR ACCESSING IN ANY WAY ANY MATERIALS, YOU AGREE TO AND ARE BOUND BY THESE TERMS, INCLUDING OUR DISCLAIMERS, RETURN, COOKIE, PRIVACY POLICY,  ACCESSIBILITY EFFORTS, AND ANY OTHER TERMS WHICH MAY APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS OR OUR POLICIES, YOU MUST NOT ACCESS OR USE OUR SERVICE, DIGITAL PROPERTIES OR MATERIALS.

We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted at www.allswelllifestyle.com, and will apply to you prospectively, so you should check back each time you use our Services so you are aware of any changes, as they are binding on you.

Medical and Therapeutic Disclaimer

We provide Materials for general informational purposes only and these Materials are not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment. You should not use any Materials as a preventative health measure, gauge the state of your health or to diagnose or treat any health issues, illnesses or diseases. ALLSWELL Lifestyle does not provide any medical or therapeutic advice. If you have or suspect you have a health or medical problem, you should consult with your physician or another qualified healthcare provider.

ALLSWELL Lifestyle neither endorses nor is responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made by anyone. Your interactions are at your own risk. Please see full disclaimer via the link in the footer on every page of this site.

User Registration and Account Protection

Account creation

While you can browse our websites without creating a user account (“Account”), the purchase of any Services as well as access to any Materials via our Apps, may require you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address which functions as your username and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever.

It is your responsibility to ensure your contact information is accurate and up to date. Your Profile may also enable you to manage other aspects of your Account, including the nature and frequency of communications we send to you, among others. The products and services you have purchased or otherwise have entitlements to may also be associated with your Account and, in such cases, your Profile will provide you with such information along with links for convenient access to such products and services.

You may be able to create or log-in to your Account through social media service functionality, such as Facebook Connect. If you associate your Account with another service in this manner, you expressly authorize ALLSWELL Lifestyle and the relevant third party to share and store certain information about you, including personally identifiable information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to our Terms and Privacy Policy.

Account protection

You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via our contact link located in the footer of each page of this website with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.

Account termination

You may terminate your Account at any time by sending an e-mail to us using our contact page with “Cancel Account” in the subject line. Please allow seven (7) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account, including your entitlements to access any Materials and other functionality, whether purchased by you or otherwise, and such entitlements will not be restored if you create a new Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination, regardless of any value you may ascribe to such data or functionality. We further disclaim any value you may attribute to any of your data stored on our servers. Additionally, you will not receive any further communications from us unless and until you create a new Account or you otherwise request that we provide communications to you. Our rights under the Terms will survive any termination of your Account or cessation of your use of our Services.

User Generated Material

We may enable you and others to participate in in-person, telephonic or online group lessons, meditations, workshops and other sessions as well as in online groups, chat rooms and message boards, some of which may be a required or optional component of certain product and service offerings. In connection with these forums you may have the opportunity to share comments, perspectives and other information with the ALLSWELL Lifestyle community. Please note that some for these forums, including chat rooms and message boards, may remain publicly accessible indefinitely and may be accessible on non-ALLSWELL Lifestyle websites. Other forums, including group lessons, meditations and workshops may be recorded and remain accessible to other participants in the session or the particular program to which the session relates. You may also share testimonials or reviews of our products and services or ideas and comments about ways to improve the Services for public display or for our private use. In connection with all of these activities, you are responsible for all content and activity that occurs under your Account or in your name (collectively, “User Generated Material”).

User Generated Material must not:

  • Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, disruptive or harmful, as determined by us in our sole and absolute discretion;
  • Violate our or any other person’s legal rights (including rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
  • Create or threaten harm to any person or loss or damage to any property;
  • Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or proprietary rights of us or any other person;
  • Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • Misrepresent your identity or affiliation with any person or organization, including ALLSWELL Lifestyle;
  • Seek to collect other users’ e-mail addresses and/or their usernames or passwords for ALLSWELL Lifestyle or other services by electronic or other means for any purpose including to send unsolicited e-mail or other electronic communications;
  • Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on ALLSWELL Lifestyle or the networks or services connected to ALLSWELL Lifestyle or install or attempt to install or promote spyware, malware or other computer code on our or third parties’ computers or equipment; or
  • Involve commercial activities such as contests, sweepstakes and other sales promotions, barter, advertising or offers of sale or purchase of goods and services regardless of whether such products or services are competitive to those offered by ALLSWELL Lifestyle.

We do not claim ownership to User Generated Material. However, by posting or otherwise sharing User Generated Material, subject to any restrictions explicitly set forth herein, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material), expressly including any comments or ideas about ways to expand or improve any of the Services. You waive any moral rights you may have in the User Generated Material. With respect to User Generated Material posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to share the content and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks or privacy rights) or violate any applicable laws, these Terms or any of our other posted policies. You agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Generated Material. You agree to pay all royalties, fees and other monies owing any person related to User Generated Material that you share via ALLSWELL Lifestyle.

We have the right, but not the obligation to monitor, review, screen, post, remove, reject, modify and store User Generated Material you share, at any time and for any reason, without notice, including to ensure that User Generated Material complies with the Terms. We do not endorse any User Generated Material and the User Generated Material shared does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of sharing it and you agree that we are acting only as a passive conduit for your communication, distribution and/or publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party shares via ALLSWELL Lifestyle, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Generated Material. YOU WAIVE AND HOLD HARMLESS ALLSWELL LIFESTYLE AND OUR AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, ATTORNEYS, VENDORS, SERVICE PROVIDERS AND CONTRACTORS (COLLECTIVELY, THE “ALLSWELL LIFESTYLE PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE ALLSWELL LIFESTYLE PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH ALLSWELL LIFESTYLE PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Though we strive to enforce our rules with regard to User Generated Material, you may be exposed to User Generated Material on ALLSWELL Lifestyle that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material, whether or not it violates our Terms.

Please choose carefully the information you share via ALLSWELL Lifestyle and that you give to other users. You are discouraged from publicly sharing PII, including your telephone numbers, street address, e-mail address or other information that allows strangers to find you or steal your identity.

You assume all risks associated with interacting with other users with whom you come in contact through our Digital Properties or otherwise in connection with the Services, and to the fullest extent that the law permits, you release us from any claims or liability related to any User Generated Material shared via ALLSWELL Lifestyle and from any claims related to the conduct of any other users.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible at all times for your conduct and your interactions with other users.

Accessing the Services

Minimum age

In order to accept these Terms and to access and use our Services you must be at least 18 years of age, or if you have parental consent, at least 13 years of age (“Minimum Age”). ALLSWELL Lifestyle’s Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant ALLSWELL Lifestyle the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Terms, you may not use the Services.

Modification or suspension of the services and right to terminate your use of the Services

We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Materials or discontinuing any of our offerings entirely. Any description of the features of products or services offered by ALLSWELL Lifestyle shall not be considered to be a representation by ALLSWELL Lifestyle that such features will always be included in such products and services.

We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Services and Materials may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account.

For the avoidance of doubt, we will not be liable if for any reason all or any part of the Services, Digital Properties or Materials is unavailable at any time or for any period.

Prohibited Conduct

Unless expressly provided for herein or as agreed upon in a writing duly signed by us and you, you may not under any circumstances:

  • Reproduce, download, modify, translate, add to, distribute, transmit, share, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any Materials in any medium without our prior express written permission, either directly or through the use of any device, software, Internet site, web-based service or other means;
  • Copy or print any Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials;
  • Use the Materials in a manner that suggests an association with any of our products, services or brands;
  • Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademarks or other proprietary notices marked on the any Materials or any digital rights management mechanism, device or other content protection measures either directly or through other means;
  • Mirror, frame, screen scrape or deep link to any aspect of the Services or access any Materials through technology or means other than those provided or authorized by us;
  • Access the Services via any automated system, including without limitation by “robots,” “spiders,” “offline readers,” etc., attack the Digital Properties via a denial-of service attack or a distributed denial-of-service attack or otherwise take any action that imposes, or may impose (as determined by us in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure, or attempt to interfere with the proper working of the Digital Properties in any other way.
  • Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, or tamper with, impair, damage, attack, exploit, or penetrate the Chopra system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Chopra or any connected networks, or take any action to impact the proper operation of the Services and any person’s or entity’s use or enjoyment thereof;
  • Bypass the measures we may use to prevent or restrict access to or use of the Services including by hacking into secured or non-public areas, circumventing any fencing mechanisms or otherwise;
  • Use the Services to collect any personally identifiable information, including Account names and e-mail addresses, or use the Services for any commercial solicitation purposes, without express written permission from ALLSWELL Lifestyle;
  • Attempt to reverse engineer any aspect of the Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Services, create any derivative works or materials of any kind using any Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Services; or
  • Use our Digital Properties to engage in any illegal activity or the planning of any illegal activity.

Intellectual Property Rights

Materials and non-commercial use

We grant you a non-exclusive, revocable, limited, royalty-free, non-transferable, non-sublicensable license to use the Services and the Materials subject to these Terms. Unless otherwise specified, the Services and the Materials are for your individual, personal and non-commercial use. No other rights, assignment, licenses or legal relationship of any nature, including but not limited to agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise, either express or implied, are created through your use of the Services unless expressly reserved in these Terms.

We or our affiliates own, control or license the Materials available via the Services, and the Materials are protected from unauthorized use, copying and dissemination by U.S. and international intellectual property laws. No right, title or interest in or to the Services or any Materials is transferred to you, and all rights not expressly granted are reserved. Any use of the Services that is not expressly permitted by these Terms may be a breach of the Terms, and may violate copyright, trademark and other laws.

You may create a plain text hyperlink to the pages of our Digital Properties provided that neither you nor the link portrays us or any of our Services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us. You may not use any of our trademarks as part of the link without our express written permission. We may revoke this permission at any time for any reason upon notice to you.

Trademarks

ALLSWELL Lifestyle’s name, marks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ALLSWELL Lifestyle or its affiliates or licensors. You must not use such marks without the prior written permission of ALLSWELL Lifestyle. All other names, logos, product and service names, designs, and slogans on the Digital Properties are the trademarks of their respective owners.

Privacy Policy

By accessing or using our Services, you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. For more information, please read our Privacy Policy which is located in the footer of this website and incorporated by reference into these Terms.

Third Party Websites

Our Digital Properties may contain links to non-ALLSWELL Lifestyle websites on the Internet. Any such links to non-ALLSWELL Lifestyle websites have been provided solely as a convenience. You may also encounter our Materials or advertisements for our Services on non-ALLSWELL Lifestyle sites, including social media sites. We do not control or endorse these non-ALLSWELL Lifestyle websites, nor review or approve the content that appears on such websites and expressly disclaim responsibility and liability therefor. You acknowledge and agree that we will not be held 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 any of the links, any of your activities or interactions with elements of such non-ALLSWELL Lifestyle websites outside of our control, or for the content, goods, or services available on or through such non-ALLSWELL Lifestyle websites.

Additionally, you may choose to share information about your activities in connection with our Services with users of other services, including social media services, via tools we provide you with access to or otherwise. Please note that we are not responsible for any content you share in this manner.

Please consult the Privacy Policies and Terms of Use for any non-ALLSWELL Lifestyle websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Services for more information about how such websites and services govern your activities and use your information.

Disclaimer of Warranties

WE PROVIDE THE SITE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE ALLSWELL LIFESTYLE PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES AND DIGITAL PROPERTIES: (I) ARE RELIABLE OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.

THE ALLSWELL LIFESTYLE PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE AND ACCESS OF THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES IS ENTIRELY AT YOUR OWN RISK. ALLSWELL LIFESTYLE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED. ALLSWELL LIFESTYLE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY VIA ALLSWELL LIFESTYLE OR ANY LINKED OR OTHER THIRD-PARTY PROPERTY.

Disclaimer of Liability and Indemnification

Under no circumstances will the ALLSWELL Lifestyle Parties be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other loss, damages or injury of any kind that are directly or indirectly related to the Services, your access or use of the Digital Properties or Materials, any User Generated Material, your data, your Account or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the ALLSWELL Lifestyle Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the ALLSWELL Lifestyle Parties be liable to you or anyone else for loss, damage or injury relating to any third-party providing you with services. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the ALLSWELL Lifestyle Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to ALLSWELL Lifestyle for the product or service giving rise to the claim.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

You shall indemnify, defend, and hold harmless ALLSWELL Lifestyle and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in any way related to your (a) acts and/or omissions on or off the Digital Properties or while otherwise using or accessing our Services; (b) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Digital Properties, Services, or User Generated Material; (c) breach of these Terms; (d) disputes with or between other users; (e) use and/or misuse of the Digital Properties or Materials; (f) violation of any applicable law or regulation; (g) submitting inaccurate, untimely, incomplete or misleading User Generated Material; (h) misstatements and/or misrepresentations; or (i) contracts or arrangements made or provided based on any Materials provided via the Services. You must cooperate as requested by ALLSWELL Lifestyle in the defense of such claims. ALLSWELL Lifestyle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by, and you shall not, in any event, settle any claim or matter on behalf of ALLSWELL Lifestyle without the written consent of ALLSWELL Lifestyle. This indemnification obligation shall survive the cessation of your use of the Services.

If applicable, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Dispute Resolution/Mediation/No Class Relief

If any controversy, allegation or claim arises out of or relates to the Services, Materials, your access or use of the Digital Properties, or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution thereto. If we do not have a current physical or email address for you, then we have no obligation under this section. Your notice to us must be sent to us at our contact details below. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.

All disputes arising out of or relating the Services, Materials, your access or use of the Digital Properties, or these Terms that remain unresolved following the dialogue described above will be exclusively resolved under confidential binding arbitration held in California.

General Consent to Electronic Communications

You consent to receive communications from us whether required by law or otherwise, either by e-mail (if you have provided us with your e-mail address), by any other form of communication you have consented to in your Account settings, or by notice posted on www.allswelllifestyle.com as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.

Specific reasons we may contact you

We may send the following communications to you via e-mail, push notification or by another messaging platform:

  • Suggestions regarding, or information about, Services or Materials we believe would be of interest to you
  • Statistics about your activity and messages intended to reinforce certain activities and behaviors we reasonably believe you want to continue or otherwise pursue
  • Newsletters, if you have requested to receive them
  • Ad hoc offers and promotions, including on behalf of third-parties

You can opt-out of receiving any e-mail communications from us (or reinstate receipt) by clicking the “unsubscribe” link included at the bottom of any e-mail we send you or, if you have an Account, by updating your Account settings.

At any time, you can manage our ability to send you push notifications by turning off the notification settings in the relevant mobile application or in the device settings of your mobile device. If you choose not to receive push notifications, you may still receive in-app notifications.

Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding ALLSWELL Lifestyle, including, for example, order confirmations or information about Services you have purchased as well as notices of updates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to our policies or these Terms, any User Generated Material you provide or in relation to customer service issue.

Text messages

ALLSWELL Lifestyle may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contact you using your phone or mobile number with an automatic telephone dialing system (ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or services.

Refund Policy

Our refund policy varies depending on the product or service purchased. Please see our refund policy on our FAQ page and/or see the refund policy as outlined via the distributor of your already purchased product or the product page of the product you are considering for more details. There are some products, services, or offerings, that are not eligible for a refund.

When applicable, refunds can only be made via the same payment method used to make your initial purchase. Refunds made to expired or cancelled cards are handled by your card issuer. In the event you have a replacement card with the same issuer, the refund should arrive on the account of your new credit card, even though the number is different. If no replacement card exists, you should contact the issuer to ensure delivery of the refund to you by alternative means.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the state of California. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Services, will be in California, and you hereby consent and submit to the exclusive personal jurisdiction and venue in California.

Feedback

We welcome your suggestions for ways we can improve the Services, Materials or our Digital Properties. Please feel free to submit comments and feedback by emailing us at via the Contact page in our footer. Please note that any such communications received from you will be considered User Generated Material and will be treated as such in accordance with these Terms and may be used by us without restriction without any obligation, financial or otherwise, to you. See the section entitled User Generated Material for more information.

Contact Us

If you have any questions about these Terms, contact us via email using the Contact page on this website. 

Product and Service Specific Terms

Retreats

Our retreats are both in person and virtual events that include well-being programming geared around particular themes. The following bulleted rules apply to both virtual and in person retreats. In the case where a retreat is marketed with additional rules, regulations, and policies, those should be considered in addition to what is listed below. 

  • You have 3 days (36 hours) from time of purchase to cancel your attendance at a retreat and receive a full refund.
  • If you cancel more than 3 days (36 hours) from time of purchase, you will receive a credit/“Program Voucher” for the original amount paid for the retreat you are cancelling (less any administrative fees). Program Vouchers may be applied toward any ALLSWELL Lifestyle retreat and are valid for up to 12 months from the time of issue.
  • When purchasing a double occupancy package, the cancelling guest is not refunded the cost of their share of the booked room. Only the amount paid minus the room fee will be provided to the cancelling guest in the form of a a credit/“Program Voucher”.
  • If you leave an event early for any reason, no refunds or Program Vouchers will be issued.
  • In the event we determine, in our sole reasonable discretion, that a retreat must be postponed due to factors beyond our control, we will automatically enroll you in the rescheduled retreat. In the event you choose not to attend the rescheduled retreat, we will issue you a Program Voucher for the full amount of your purchase, excluding any administrative fees.
  • In the event we need to cancel a retreat, we will immediately refund the full purchase price to you.
  • In order to cancel an event please contact us via our contact page in the footer of this website. 

Video, photographic and audio reproduction consent & release

ALLSWELL Lifestyle retreats, video content, photographic images and audio recordings (collectively, “Footage”) are regularly captured by ALLSWELL Lifestyle, as well as by authorized independent contractors retained by us, for our use and reproduction, including but not limited to for promotional and other commercial purposes. As a result of your participation in an ALLSWELL Lifestyle retreat, you may be included in such Footage. Notwithstanding and subject to the terms of any consent and release you execute or any opt-out of such consent and release, your appearance in any such Footage may be considered User Generated Material and is subject to such other terms as set forth in the section entitled User Generated Material.

Coaching

Coaching packages and one time coaching appointments are non refundable unless the hired coach is unable to provide services. If hired coach is unable to provide service, only non utilized coaching appointments will be refunded. Limited rescheduling of an appointment is possible with 24-hour advance notice. If appointment is on Monday Coach must know by Friday prior to appointment. Missing an appointment without advance notice is considered a paid appointment.  

Online Courses

Our online courses are generally offered on an evergreen basis at our website at allswelllifestyle.com Once you purchase an online course, it may be accessed by you only, through your Account for one (1) year from your date of purchase. You may not download or otherwise provide third parties with access to any Materials provided via our online courses. Any and all online course purchases are non-refundable and do not qualify for a refund of any kind. Sin the event of a technical issue, please contact us via our contact page in the footer of our website.

 

If our FAQ section didn’t answer your question or you would like to share some information with us please contact us. We would love to hear from you. 

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