WellMorph includes (a) a platform for Wellness Providers to submit share a profile, articles, videos, products, offers, classes, workshops, and masterclasses for the benefit of Wellness Seekers either for free or for a fee which is set by the Wellness Provider, (b) a platform for Affiliate Wellness Providers to share profile, articles, videos, products, offers, classes, workshops and masterclasses for the benefit of Wellness Seekers either for free or for a fee which is set by the Affiliate Wellness Providers, (c) one or more off platform websites where other online content (including content provided by WellMorph and other third parties) is linked to and shared which may provide articles, videos, products, offers, classes, workshops and masterclasses for the benefit of Wellness Seekers either for free or for a fee which is set by the linked off platform website. All of the foregoing are collectively referred to as the “Services.”
2. Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of WellMorph, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse WellMorph) or you are a “Active User” (which means that you have received/purchased one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use WellMorph and/or receive/purchase the Services, and you are obliged to exit WellMorph and discontinue any and all use of WellMorph and the Services immediately.
3. Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting on WellMorph. By accessing and/or using WellMorph after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor WellMorph for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to discontinue your use of WellMorph and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current WellMorph website and/or the Services will be subject to this Agreement.
4. Age Requirements for Access and Use of the Websites. By accessing and using WellMorph, you acknowledge and agree that you are confirming to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving WellMorph products and services, under the laws of the United States of America or other applicable jurisdiction. Registration, subscription, access to, and use of WellMorph and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
6. Security Components. You acknowledge and agree that WellMorph and the Services, and the software embodied within WellMorph and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by WellMorph and/or content providers who provide content to WellMorph. You may not attempt to override or circumvent any such security components and usage rules embedded in the WellMorph and the Services.
7 Site Content. The content available at the WellMorph and the Services generally consists of (a) content owned by WellMorph, including but not limited to the trademarks (the butterfly logo, the tag line “Transition to a New Kind of Wellness”, and the name WellMorph), “look and feel” of the WellMorph and content created and/or acquired and owned by WellMorph, and (b) content owned by third parties and licensed to WellMorph for specified uses on the WellMorph and the Services (“Third-Party Content”). All of the foregoing are collectively referred to as “Site Content.”
8. User Content. Other content at WellMorph includes content that has been provided by Wellness Providers and Wellness Seekers generally consisting of (a) Wellness Provider profiles, articles, videos and Wellness Seeker wellness testimonials or stories. All of the foregoing are collectively referred to as “User Content.”
9. Ownership of Content. WellMorph does not claim ownership rights in any Wellness Provider, Wellness Seeker, or off platform websites posted on WellMoprh or otherwise made available through the Services. Subject to the non-exclusive license contained in Section 9 below (“License to Your Content”), as between WellMorph and you, you will retain all intellectual property rights that you may have in any content that originates with you.
10. License to Your Content. In order to be able to offer you the use of WellMorph and the Services pursuant to this Agreement, you are required to grant a license to WellMorph to use and distribute your User Content. This enables us to permit other Visitors and Active Users to view and share your User Content, and to display your User Content in other places within WellMorph. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any User Content on or through our website or the Services, you hereby grant to WellMorph an exclusive (meaning you can not license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through WellMorph and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the WellMorph and the Services and/or the advertising, publicity, promotional, and marketing materials for the Websites and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from WellMorph and/or the Services, the decision will be made by WellMorph alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at email@example.com to request the removal of certain User Content you have posted, but WellMorph (i) has no obligation to remove any such User Content, (ii) may choose whether or not to do so in its sole discretion, and (iii) makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a backup or residual copy of any User Content posted by you may remain on WellMorph’s servers after the User Content appears to have been removed from the website and/or the services, and WellMorph retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title, and interest in all User Content posted by you on or through our Websites or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Websites and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
11. Rejection and/or Removal of User Content. You acknowledge and agree that WellMorph may or may not pre-screen User Content posted on our websites, but that WellMorph shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the websites and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the websites and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, WellMorph shall have the absolute right to remove from the Website and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of WellMorph, or to restrict, suspend, or terminate your access to all or any part of the Websites and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Websites and/or the Services by any person, please contact WellMorph by email at firstname.lastname@example.org.
12. Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by an Active User that falls within what is allowed as “Fair Use” under the United States of America copyright and trademark law is permitted. By way of example only, no commercial storage, use, reproduction, or transmission of any Site Content is permitted under any circumstances. WellMorph and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of WellMorph. Unauthorized framing of or linking to any of our Websites is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation, unless pre-approved, may be removed by WellMorph from the Website and the Services without notice and may result in termination of registration and denial of access to and use of the WellMorph and the Services.
13. Health and Medical Concerns. Much of the Site Content includes information and instruction relating to health and wellness, and many of the products and services available through the websites and the Services relate to health and wellness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products, and services.
Before participating in any exercise or dietary program or using any healing modality and wellness products or services that may be described and/or made accessible in or through WellMorph and/or the Services, we strongly recommend that you consult with a doctor or other qualified healthcare provider. WellMorph, its staff, and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
WellMorph and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any healing or dietary program, and/or when using any such products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the WellMorph and/or the Services. WellMorph and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor, specialist, or registered dietitian. It is important that the websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the WellMorph and/or the Services.
Consult your doctor before beginning any healing or dietary program.
14. Reservation of Rights. Site Content and Third-Party Content are protected by copyright, trademark, patent, trade secret, and other laws. WellMorph and its third-party licensors own and retain their respective rights, title, and interest in and to their respective content.
16. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules, and regulations regarding the access to and use of WellMorph and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
17. Take-Down Notices Under the US Copyright Office. WellMorph will receive and evaluate notices of copyright infringement and take appropriate actions under the US Copyright Office https://copyright.gov. Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the US Copyright Office and must be submitted according to the procedures set forth in the US Copyright Office to the following Designated Agent for WellMorph.
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of WellMorph and WellMorph, LLC: Kathleen Robbins.
Full Address of Designated Agent to Which Notification to WellMorph Should Be Sent: Kathleen Robbins, 1715 Water Lily Ln, Wayland, MI 49348 Email of Designated Agent: email@example.com
18. Active User Disputes. You are solely responsible for your interactions with other Active Users. WellMorph reserves the right but has no obligation, to monitor disputes between you and other Active Users.
19. Term and Termination. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of WellMorph or until terminated by WellMorph or by you.
You may terminate your status as an Active User for any reason by choosing to discontinue use of the WellMorph.
WellMorph reserves the right to suspend or terminate your status as an Active User at any time, with or without notice to you, with or without cause, and without liability to you. WellMorph shall have no liability to you or any third party because of such suspension or termination or related action.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Ownership of Content”), Section 10 (“License to Your Content”), Section 11 (“Rejection and/or Removal of User Content”), Section 13 (“Health and Medical Concerns”), Section 14 (“Reservation of Rights”), Section 15 (“Other Sites”), Section 16 (“International Use”), Section 18 (“Active User Disputes”), Section 20 (“Disclaimer of Warranties”), Section 21 (“Waiver of Claims”), Section 22 (“Limitation of Liability”), Section 23 (“Severability”), Section 24 (“Indemnity”), and Sections 27 through 33.
Upon suspension or termination, WellMorph shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
20. Disclaimer of Warranties. You acknowledge and agree that WellMorph and the Services are offered without warranties of any kind whatsoever by WellMorph and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following:
(a) Your use of WellMorph and the Services is at your sole risk. WellMorph and the Services are provided on an “as is” and “as available” basis. WellMorph and its parent, subsidiaries, affiliates, directors, employees, agents, partners, licensors, vendors, and contractors (collectively, the “WellMorph – Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the website, and any third party websites with which they are linked.
(b) WellMorph – Related Parties are not responsible or liable for any loss, damage, injury, or health problems that may result from your use of the Site Content and/or other aspects of the Website and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on WellMorph and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from WellMorph and/or the Services. By way of example only, if you engage in any healing or diet program that you receive or learn about through WellMorph and/or the Services, and/or if you use any product or service that you receive or learn about through WellMorph and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the WellMorph ad-related parties from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(c) WellMorph – Related Parties make no warranty that WellMorph or the Services, the Site Content, and/or the information, products, and services available through WellMorph or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that WellMorph or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.)
(d) You expressly assume the risk, by way of example, of deletion, non-delivery, or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that WellMorph – Related Parties make no warranties regarding the foregoing.
(e) Any material downloaded or otherwise obtained through the use of WellMlorph or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
21. Waiver of Claims. You hereby waive, release, and discharge the WellMorph -Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation, and otherwise.
22. Limitation of Liability. To the fullest extent permitted by applicable laws, WellMorph – Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from or in connection with any use of WellMorph and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through WellMorph and/or the Services, even if any of the WellMorph – Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the WellMorph – Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to WellMorph for the Services.
23. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by WellMorph. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
24. Indemnity. You agree to indemnify, defend, and hold harmless WellMorph – Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable solicitor fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property, or other rights of any person or entity. WellMorph will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
25. Additional Terms. We may also require you to follow additional rules, guidelines, or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through WellMorph, to obtain certain premium Site Content through our websites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of WellMorph or on the portions of WellMorph that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
26. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently WellMorph and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of WellMorph and/or the Services.
28. Choice of Law and Forum. This Agreement and the relationship between you and WellMorph shall be governed by the laws of Michigan and the United States of America without regard to its conflict of law provisions. You and WellMorph agree to submit to the personal and exclusive jurisdiction of the courts located within Michigan and the United States of America.
29. No Waiver. The failure of WellMorph to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
30. Statute of Limitations. You acknowledge and agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of WellMorph, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
31. Relationship of the Parties. You and WellMorph acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency, or other relationship is created between them.
32. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors, and/or assigns of the parties, as applicable. For the avoidance of doubt, you acknowledge and agree that WellMorph is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
33. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at firstname.lastname@example.org, or by mail at WellMorph, LLC. 1715 Water Lily Ln, Wayland MI, 49348. Except as otherwise specified elsewhere in this Agreement, notices to WellMorph may be given at the foregoing email and postal addresses, and notices to you may be given at the email address provided to us at the time of registration and/or the purchase of goods and services from WellMorph.
Effective last revised on February 13, 2022
3. Information Collected by WellMorph. We collect two types of information from users of WellMorph: personal information described below; and non-personal information such as information about traffic patterns on WellMorph.
4. Personal Information. When you make a purchase on WellMorph, when you subscribe to the Service, and/or when you enter a contest or other promotion, we may ask you for certain personally identifiable information such as your name, address, e-mail address, or credit/debit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse WellMorph as a Visitor.
In some cases, we may collect non-personal information. This includes information such as the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using, and the domain name of the website from which you linked to our Site.
5. How We Use Your Personal Information. We use the information collected on WellMorph for a variety of purposes, including, but not limited to, running WellMorph and the Services and contacting users. We may use your information to communicate back to you, to update you on products, services, and benefits, to personalize WellMorph for you, to contact you for market research, or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on WellMorph, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt-out of receiving such materials.
You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in Section 9 below (“Opt-Out Procedures”) or by clicking on the “unsubscribe” link in every e-mail from WellMorph. In addition, you can modify your information or change your preferences, as set forth in Section 10 below (“Reviewing or Changing Your Information”). Information obtained through WellMorph and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than WellMorph, including both offline and online sources.
6. How We Use Non-Personal Data. We use non-personal data on an aggregated basis to do such things as operate WellMorph, enhance our website and sell and deliver advertising.
Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of WellMorph and/or the Services.
8. Opt-Out Procedures. You have the option to opt-out of receiving information from WellMorph, the website, and the Services. This opt-out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of WellMorph or the Services or receive any form of direct contact from WellMorph, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: email@example.com.
We may employ third parties to perform services or functions on our behalf in order to improve WellMorph, merchandising, marketing and promotional efforts, communications, or other services. Those third parties may include authorized contractors, consultants, and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving WellMorph ‘s services and offerings.
We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional, and other purposes. For example, we may work with third-party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our WellMorph, in the aggregate, to help us better market and serve our customers.
10. Security. Providing a secure site is essential for your peace of mind and trust in WellMorph. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce-related (i.e. credit/debit card and billing address) information you send to us. WellMorph uses PayPal as the payment merchant to handle all credit cards transactions. We do not store any credit card details on our system and PayPal handles all security.
PayPal is a globally used payment system and is used by some of the world’s biggest e-commerce systems. For more information and to know you are in good hands please visit this link: https://paypal.com
11. Children’s Online Privacy Protection Policy. WellMorph and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 18 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to WellMorph or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by WellMorph, please contact us immediately at firstname.lastname@example.org so that we may appropriate steps to remove such information from our database.
12. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
13. Your Consent. By using WellMorph and/or the Services, and by providing your personal information to us, you also authorize the storage, use, and export of your personal information as specified herein. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to WellMorph, LLC at our registered office: WellMorph, LLC 1715 Water Lily Ln, Wayland, MI 49348
15. Anti-Spam Policy. At WellMorph we are 100% against spam and unsolicited emails. We do not sell or provide email addresses to any unauthorized third party and do not authorize any third party or affiliate to misuse products or services created by or associated with WellMorph in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.
WellMorph prohibits the use of their website and/or services in any manner associated with the transmission, distribution, or delivery of any unsolicited bulk or unsolicited commercial e-mail (ìSpamî). You may not use any WellMorph services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of WellMorph.
If WellMorph believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server, or IP address. WellMorph may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the WellMorph website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of WellMorph’s rights.
Unauthorized use of any WellMorph services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines.
Effective last revised on February 13, 2022