Terms of Service
Welcome to Aha Wellness LLC (hereinafter Aha Movement) website http://www.ahawellness.life (the “Website”). Your use of the Website, and its online services (the “Services”) is subject to the terms of a legal agreement between you and Aha Wellness LLC. That agreement consists of these Terms of Service and Aha Wellness LLCs Privacy Policy (collectively the “Terms”).
SERVICES: The term Services, as used herein, includes, without limitation, somatic exercises, movement, mediation, tutorials, movement tips, app, email services, links, and any other service which may be accessed through any medium or device now known or hereafter developed and available on the Website. You understand and agree that the Services may include certain communications from Aha Wellness LLC, such as service announcements, marketing and administrative messages.
DESCRIPTION OF SERVICES: Aha Wellness LLC brand includes but is not limited to educational programs and courses; free and paid online resources; a website and related third-party sites; social media & hosting platforms; and other distribution platforms (collectively, the “Services”) operated by us. The Services include but are not limited to: on-demand digital courses, e-books, and educational materials.
These Terms of Service are applicable to all users of Aha Wellness LLC through its “Website” and related domains, sub domains, branded app and mobile/desktop applications (individually and collectively the “Sites”). These Terms govern your use of and interaction with the Services, Sites (including all functionalities, features, streaming services, audio, visual, written media, downloaded content from the Sites), web links and user interfaces, and all content and software associated with the Services as provided by us.
You can purchase programs through multiple sources Apple Store, Google, Stripe & Passion.io. They provide us with the online e-commerce platforms that allow us to sell our products and services to you. Reference the platform you used to purchase the product, for their terms of use, we encourage you to visit their website.
AGREEMENT TO PARTICIPATE, RELEASE OF CLAIMS: Notwithstanding the foregoing, you voluntarily accept and assume all such risks as well as any risks not mentioned herein that are in anyway associated with your participation in the Services, You agree that by participating in a Services, You do so entirely at your own risk.
ACCEPTANCE OF TERMS
( i ) In order to use the Services, you must first agree to the Terms. You shall not use the Services if you do not accept the Terms. You accept the Terms:
• The Services provided by the Sites are made available for your single, personal, non-commercial use only.
• By clicking the option of accepting the Terms, where this option is made available to you in the user interface for any Service; or
• By entering your personal information to subscribe to the Services, where this option is made available to you in the user interface for any Service; or
• By actually using the Services. In this case, you understand and agree that Aha Wellness LLC will treat your use of the Services as acceptance of the Terms from that point onwards.
( ii ) You shall not use the Services and may not accept the Terms if:
- according to the valid and applicable law you are not of legal age to form a binding contract with Aha Wellness LLC; or
- you are a person barred from receiving the Services under the laws of any country including the country in which you are resident or from which you use or plan to use the Services.
( iii ) Before you continue, you should print or save a copy of these Terms for your records.
CHANGES TO TERMS: Aha Wellness LLC may change the Terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services. Any new feature or tool which is added to the current Services shall also be subject to these Terms. When these changes are made, Aha Wellness LLC will post the revised Terms here. Aha Wellness LLC can implement the new version at any time. You understand and agree that if you use the Services after the date on which the applicable Terms have changed, your use of the Services constitutes acceptance to the updated Terms. If you do not agree to the changed Terms you shall refrain from using the Services and inform Aha Wellness LLC about this. It is prohibited to use the Services without accepting the Terms.
CHANGES OR CESSATION OF SERVICES: You acknowledge and agree that the form and nature of the Services which Aha Wellness LLC provides may change from time to time without prior notice to you. You acknowledge and agree that Aha Wellness LLC may also stop, permanently or temporarily, providing the Services (or any features) to you or to users at Aha Wellness LLCs sole discretion, without prior notice to you. You agree that Aha Wellness LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
PAYMENT PROCEDURE: The customer shall make all payments in accordance with the payment procedure outlined on the Aha Wellness LLC Website. This includes, but is not limited to, payment amounts, deadlines, and acceptable payment methods. The Client is responsible for reviewing and understanding these terms as part of this agreement.
If you elect to access any component of the Sites and/or Services for which there is a fee, you must first pay in full all fees and charges associated with such Service prior to access.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PURCHASE OF THE SERVICE: For issues or questions regarding payment processing. You will need to contact the third party processing service you originally used for the purchase. Apple Store, Google, Passion.io, squarespace or stripe.
Our ahamovement.life website online store is hosted through Squarespace payments and Stripe.
We do not have access or control to certain information regarding payments, and your personal financial information, please refer to their terms and conditions. You will have to contact the third party payment processor you used for the original purchase to resolve questions and issues.
RIGHT TO REFUSE SERVICE: We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
REFUND POLICY: Unless otherwise provided by law, you acknowledge that all sales are final and we do not offer refunds for any portion of your payment for any of the Services at any time, unless explicitly indicated otherwise at the time of purchase, or as part of our ‘money-back guarantee.’
We stand behind our Services such that we offer a ‘money back guarantee’ policy. To obtain this money-back guarantee you must: (1) complete the course, e-book, or digital product, following the consecutive day-to-day format, as indicated in your Account; (2) complete all exercises and videos; and (3) do so within 30-days of purchase of Radiant You ™ . To request a refund, you may contact hello@ahamovement.life with proof of the above.
Due to the extensive time, effort, preparation, and care that goes into creating and providing the Services, no refunds will be provided for those who do not complete the course or ask for a refund due to hardship or personal circumstances.
CHARGEBACK POLICY: By agreeing to the terms of this Agreement, you agree that you will not issue a chargeback for any payment made as you are fully aware of this Refund Policy and voluntarily consenting to it. Should you attempt to issue a chargeback with your payment company, this Agreement will automatically terminate upon such attempt, regardless of whether the attempt is successful or not and you will lose all access to all materials purchased from us, including Services which You may have previously purchased. You will remain contractually responsible for payment of the Services in full.
NO GUARANTEED OUTCOMES: You understand that the outcomes obtained from the Services can be subjective and vary greatly depending upon circumstances and individual effort invested in the process. Enrollment in the Services does not guarantee that you will take any specific action and does not offer any guarantee of success. As such, you understand that we make no guarantee, representation or warranty of any nature or kind that the Services will be effective or will result in any particular outcome. You agree that you will not hold us responsible, in whole or in part, for any result that you do or do not achieve.
ACCOUNT: Upon first purchase of the Services, You will be prompted to create an Account with Passion.io in our branded App, which will house your digital Services. Your Account will be password protected via a unique password which you create. Once created, your Account will provide you direct access to the purchased Services and allow you to store and update contact information.
THIRD-PARTY ACCOUNTS: Some of our Services may be accessed via your user account (“Account”) through third-party platforms Apple Store, Google, Passion.io, stripe and others. Other Services will be delivered digitally directly to your email account provided at checkout and may be digitally downloaded.
THIRD-PARTY AND HOSTING PLATFORMS: We are hosted by and integrated with the following third-party platforms, who are responsible for all login/account information and payment transactions for the Services, including but not limited to: Apple Store, Google, Square Space, Stripe, Passion.io, Zapier, ManyChat, Zoom,. We reserve the right to utilize any necessary third-party platforms to best deliver Services. If you would like more information regarding each platforms’ Terms of Use and Privacy Policies, including how they collect and store information, visit their individual websites.
THIRD-PARTY SERVICES AND LIABILITY: Some of the Services are provided by third party vendors to Aha Wellness LLC. To the extent that these Services are outside Aha Wellness LLCs control, you acknowledge and agree that these Services constitute third party Content and such websites are subject to the provisions below:
i. Your correspondence or business dealings with, or participation in promotions of, the third parties, including but not limited to vendors or other persons who use the Services and post Content, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Aha Wellness LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, the presence of such third parties on the Website, or the use of the Services by such third parties.
ii. If there is a dispute between you and any third party, you understand and agree that Aha Wellness LLC is not liable and is under no obligation to become involved. In the event that you have a dispute with a third party, you release Aha Wellness LLC, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
EXTERNAL LINKS AND THIRD-PARTY CONTENT:
(i) Outgoing links. The Services may include hyperlinks to other websites or resources. Aha Wellness LLC may have no control over any such websites or resources. You acknowledge and agree that Aha Wellness LLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources. You acknowledge and agree that Aha Wellness LLC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products or other materials on, or available from, such websites or resources.
(ii) Incoming links. You are free to establish a hypertext link to the Website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Aha Wellness LLC. However, you may not frame any of the content of the Website without the prior written permission of Aha Wellness LLC.
REGISTRATION REQUIREMENTS: To subscribe to Services, receive emails, discounts, and other offers from Aha Wellness LLC, you must register on the Website. In order to register, you are required to provide your name and contact information. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by Aha Wellness LLCs registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Aha Wellness LLC may reject access or terminate the use of the Services to any subscriber or registered account that it deems inappropriate or inaccurate for any reason.
ACCOUNT REQUIREMENTS: You agree to use the Website only for the purposes that are permitted by the Terms and any valid and applicable law, regulation or generally accepted practices in the relevant jurisdictions. You are responsible for maintaining the confidentiality of your Registration Data, and you are responsible for all activities that occur under your username or account. If you discover or suspect any unauthorized use of your account, you agree to immediately notify Aha Wellness LLC. Aha Wellness LLC may terminate any account that is inactive for an extended period of time, or for any reason at all, in its sole discretion.
USER INFORMATION; PASSWORD AND SECURITY: To access certain features of the Sites, such as your Account, you may need a username and password. You agree to keep this information confidential and not share it with anyone else. If we have reasonable grounds to suspect that you have shared your login credentials with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, we have the right to suspend or terminate your Account and refuse all current or future use of the Sites and Services, without refund. Further, excessive usage of the Sites will be assumed by us to be fraudulent use, and your Account will be immediately canceled without a refund.
DISCLOSURE OF ACCOUNT INFORMATION: You acknowledge and agree that Aha Wellness LLC may access, preserve and disclose your account information or Registration Data if required to do so by law or if such access, preservation or disclosure is necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to your requests for customer service; or (e) protect the rights, property or safety of Aha Wellness LLC or anyone else.
AUTHORIZED USE OR OUR SERVICES AND PROHIBITED USES: You may use the Services only for lawful purposes and in accordance with these Terms. While using the Services, you are required to comply with all applicable statutes, regulations, rules, and other laws as may be relevant in the jurisdiction in which you receive the Services.
As a condition of your use of the Services, you warrant to us that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Services may be used only for lawful purposes relating to streaming and related materials. We specifically prohibit any use of the Services, and all users agree not to use the Services, for any purposes other than designated by us.
You agree and that declare that you will not:
• Engage in any activity that interferes with or disrupts the Website, the Services or the servers and networks which are connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
• Use the Services for any fraudulent or illegal purpose, or to gather personally identifiable information without prior consent;
• Post any content, or link to any website, containing any offensive, disrespectful, racist, obscene, violent, illegal or objectionable material; or
• Reproduce, duplicate, copy, sell, trade or resell the Services for any purpose; or
• Distribute software viruses or worms on the Website; or
• insert any code of a destructive nature ; or
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, during registration or otherwise.
Violation of this clause may result in immediate suspension or termination of your access to the Services by Aha Wellness LLC without prior notice. The Aha Wellness LLC has the unilateral right to not provide services to you anymore.
COMPLIANCE WITH SECURITY AND USAGE GUIDELINES: You understand that the Services and the software embedded or supporting the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Aha Wellness LLC and/or third parties who provide Content for the Website. You may not attempt to override or circumvent any of the usage rules embedded in the Services. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Services.
TERMINATION:
The Terms will continue to apply until terminated by either you or Aha Wellness LLC. If you want to terminate your legal agreement with Aha Wellness LLC, you may do so by:
(i) notifying Aha Wellness LLC at least 30 days before the desired termination date of the Terms or using Services, the by sending a written notice to hello@ahamovement.life (The notice shall clearly state your will to terminate the agreement);
Aha Wellness LLC may terminate this agreement with you at any time, in its sole discretion, and with or without prior notice, including (but not limited to) if:
(i) you have breached any provision of the Terms;
(ii) Aha Wellness LLC is required to do so by law; or
(iii) the Services are modified, eliminated, or no longer commercially viable.
In the event of termination of this Agreement due to the Client's violation or breach of any provisions of these Terms, the Client shall not be entitled to any refund of previously paid amounts. Furthermore, any remaining unpaid balance under this Term shall become immediately due and payable and will be retained by the Service Provider as a contractual penalty for such breach. This measure is to compensate for the potential damages and administrative costs incurred due to the Client's non-compliance with the agreed Terms.
Upon termination of this agreement, all rights and licenses granted to you under these Terms will cease immediately, and you must promptly discontinue all use of the Services. Aha Wellness LLC will not be responsible for any damages or losses resulting from the termination of this agreement per these Terms.
FORCE MAJEURE: Aha Wellness LLC shall not be liable for any failure to perform its obligations under these Terms of Service if such failure results from any event beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, earthquakes, pandemics, strikes, or any other event that could not have been reasonably anticipated or avoided. In the event of a force majeure occurrence, the performance of Aha Wellness LLC’s obligations shall be suspended for the duration of the event, and Aha Wellness LLC shall make reasonable efforts to resume performance as soon as possible.
ILLEGAL CONDUCT: Aha Wellness LLC reserves the right, in its sole discretion, with or without notice, to investigate, and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Services or use of the Services or the Website.
INTELLECTUAL PROPERTY: You understand that all information or materials to which you may have access as part of, or through your use of, the Services or the Website is the sole responsibility of the person from which such information or materials originated. All such information is referred to as “Content.” All such Content, including but not limited to photographs, advertisements, logos, sponsored Content, posts, blogs, messages, and third-party links on the Website, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that:
(i) Aha Wellness LLC (or its licensors) owns all legal right, title and interest in and to the Services and to the Content created by Aha Wellness LLC, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights might exist). This includes all aspects of the Services such as the app, videos, digital downloads such as worksheets and e-books, educational components added to enhance the Service experience, and any other material provided as part of the Service purchase.;
(ii) by posting any Content, you grant an irrevocable, non-exclusive, royalty-free license to Aha Wellness LLC to use, reproduce, modify, and redistribute such Content alone, as a party of the Services, or as a part of other works in any form chosen in Aha Wellness LLC sole discretion; and
(iii) that Aha Wellness LLC is in no way responsible for, nor shall have any liability related to, any Content which is not created by Aha Wellness LLC. The trademarks, service marks, and trade names appearing on the Website are the common law or registered trademarks of Aha Wellness LLC, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.
(iiii) Furthermore, by agreeing to these Terms you understand that our materials are protected by the Worldwide and United States Intellectual Property laws, including the Digital Millennium Copyright Act and Copyright Act of 1976. You understand and agree that violating the terms of these Terms, as described above, may subject you to legal action and that Business will fully pursue all remedies at law against you which it is entitled.
Aha Wellness LLC respects the intellectual property of others, and we ask our users to do the same. Aha Wellness LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
NOTICE OF INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us pursuant to the following policy. Notification of claims for copyright infringement must be in sent writing to Aha Wellness LLC by e-mail to hello@ahamovement.life
All notices must contain:
(i) A physical or electronic signature on behalf of the copyright owner or claimant;
(ii) Specific identification of the work allegedly being infringed;
(iii) Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material;
(iv) Complainant’s contact information, including name, address, telephone number, and e-mail address;
(v) A statement that the complainant acts in good faith by expressing the belief that the use of the material is not authorized by the copyright owner or claimant; and
(vi) A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
CONTRIBUTIONS: By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Aha Wellness LLC, you acknowledge and agree to the following terms:
(i) Non-Confidentiality of Contributions: You understand and agree that your Contributions should not contain any confidential or proprietary information. Aha Wellness LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions.
(ii) Use and Disclosure Rights: Aha Wellness LLC shall have the right to use, disclose, adapt, modify, or disregard such Contributions for any purpose, in any way, without any obligation to you. This right is unrestricted and applies to all forms of use.
(iii) Pre-existing Developments: You acknowledge that Aha Wellness LLC may already be working on similar ideas, solutions, or projects, and your Contributions may correspond to ongoing developments or future plans.
(iv) Transfer of Ownership: By submitting your Contributions, you agree that such Contributions become the property of Aha Wellness LLC. This transfer includes all rights, titles, and interests in the Contributions, and Aha Wellness LLC is free to use these without restriction.
(v) No Compensation for Contributions: By making your Contributions, you agree and acknowledge that you are donating such Contributions to Aha Wellness LLC. As a donor, you will not receive any form of compensation, reimbursement, or other remuneration from Aha Wellness LLC, either now or in the future. Your Contributions are given freely, without any expectation of receiving anything in return.
MATERIALS PROVIDED TO BUSINESS OR POSTED ON THE SITES, COMMUNITY: We do not claim ownership of the materials you provide to us (including testimonies feedback, comments, creative ideas, proposals, and/or suggestions) or post, upload, input or submit to the sites or its associated services or contribute to group channels (collectively “Submissions”). However, by sharing, posting, uploading, inputting, providing, or submitting your Submission you are granting us permission to use your Submission in connection with the operation of their business including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
TESTIMONY RELEASE: You grant Aha Wellness LLC, its representatives, employees, agents and/or assigns the right to solicit and share a voluntarily created, written or video testimonial, which you submitted to us or shared with us across various Sites. You understand that you have the right to decline The Aha Wellness LLC sharing a testimonial across their channels and Sites, or to ask that your name and likeness are not associated with your testimonial. You understand that your participation will not impact the Services you receive, email hello@ahamovement.life for these requests.
LIMITATION OF LIABILITY, RELEASE OF CLAIMS, INDEMNIFICATION: You understand that physical, mental, and emotional exercises associated with the Services can expose you to the risk of physical injury or exacerbate mental and/or emotional conditions. We urge you to obtain a physical and/or mental examination from a doctor/healthcare provider before participating in any Service. (collectively “Your Participation”).
The content and services provided by Aha Wellness LLC are for informational purposes only and do not constitute professional medical or mental health advice. Users should not rely on this information as a substitute for consultation with qualified healthcare professionals.
Use of our services does not create a therapist-client relationship or any other form of professional relationship. Users are advised to seek appropriate professional guidance for their specific needs.
You acknowledge that your Participation may present certain risks, and hereby assume all risks associated therewith, including, without limitation, the risk of physical, mental and/or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).
Users acknowledge that they are responsible for their physical, mental, and emotional health and well-being. If you are experiencing a health crisis or require professional support, we strongly encourage you to seek help from a licensed physical or mental health professional.
You agree to voluntarily accept and assume all such risks as well as any risks not mentioned herein that are in any way associated with your Participation, you agree that by participating in the Services, you do so entirely at your own risk. Further you expressly agree to release and discharge us and each of our respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action, and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
You agree that we will not be held responsible in any way for the information that you request or receive through the Services, nor will we be responsible for how you use, apply, or engage with the information that You request or receive through the Services. You agree that You fully and completely, on behalf of your heirs, next of kin, family members, estate, beneficiaries, and representatives: (1) will not institute or attempt to institute any legal action, arbitration, demand, or processing; AND (2) hold harmless, indemnify, defend, and release us, in our individual capacity and legal capacity, and each of the Released Parties from any and all liability, damages, causes of action, allegations, suits, sums of money, claims, and demands whatsoever, in law or equity, that you ever had, now have or may have against us in the future that may arise from your participation in the Services, including all services and products, to the extent permitted by applicable law.
DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS “AS IS” AND AT YOUR SOLE RISK. IN PARTICULAR, Aha Wellness LLC, ITS AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICES WILL BE FREE FROM INJURY; (c) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN INSTRUCTION OR IN THE OPERATION OR FUNCTIONALITY OF ANY DELIVERY PLATFORM ACCESSED BY YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL, INSTRUCTION, OR ADVICE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JACQUELYNE BOYER, AHA MOVEMENT AND/OR AHA WELLNESS LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. Aha Wellness LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT Aha Wellness LLC, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
• ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED, REGARDLESS OF WHETHER FORESEEABLE OR WHETHER YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
• ANY INJURY, LOSS, OR DAMAGE WHICH MAY BE INCURRED BY YOU OR TO YOUR PERSON, INCLUDING BUT NOT LIMITED TO INJURY, LOSS OR DAMAGE AS A RESULT OF (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT POSTED ON THE WEBSITE OR MADE AVAILABLE THROUGH THE SERVICES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SPONSOR, USER, MEMBER OR OTHER THIRD PARTY WHOSE CONTENT OR SERVICES APPEAR ON THE WEBSITE; (ii) ANY CHANGE WHICH Aha Wellness LLC MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (iv) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS, IF ANY, SECURE AND CONFIDENTIAL.
• THE LIMITATIONS ON Aha Wellness LLC LIABILITY TO YOU SHALL APPLY WHETHER OR NOT Aha Wellness LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
•FURTHERMORE, THE TOTAL LIABILITY OF Aha Wellness LLC FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT THE CLIENT HAS PAID TO Aha Wellness LLC FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
• THIS LIMITATION OF LIABILITY CLAUSE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Aha Wellness LLC AND THE CLIENT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Aha Wellness LLC OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
PRIVACY POLICY: We respect your personal information and privacy. You have control over certain aspects of how your personal information is handled, as outlined in our Privacy Policy. This Privacy Policy is incorporated into these Terms of Service by reference, meaning it is a part of this agreement. Please read the Privacy Policy carefully to understand how we collect, use, and protect your information.
ACKNOWLEDGEMENT: You acknowledge and agree that (a) you have read and understood the Terms; (b) the Terms are fair and reasonable, and not unduly restrictive; and (c) that you have had the opportunity to confer with legal and financial counsel of your choosing regarding the Terms.
SURVIVAL: Upon termination of this Agreement, the following provisions shall survive and remain in effect: Disclosure of Account Information, Illegal Conduct, Intellectual Property, Contributions, Third-Party Sites, Risks, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions. These provisions will continue to be binding and enforceable as necessary to protect the rights and obligations of the parties.
REPORTING VIOLATION OF TERMS OF SERVICE: Please report any violation of the Terms to Aha Wellness LLC at hello@ahamovement.life
FINAL PROVISIONS:
(i) NOTIFICATIONS AND UPDATES: Aha Wellness LLC may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Website or through the Services.
(ii) EMAIL COMMUNICATIONS: You understand that You may, from time to time, receive email communications from us related to the Services, the Website, Aha Wellness brand, and your participation in all the above. By agreeing to these Terms, You give us permission to email you, at the email address on file, regarding the same.
(iii) WAIVER POLICY: Any waiver by Aha Wellness LLC of any breach of, or failure to comply with, any provision of the Terms by you shall be in writing and shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of the Terms.
(vi) GOVERNING LAW; JURISDICTION; VENUE: This Agreement shall be construed according to the laws of Harris County in the State of Texas. Should the parties have any differences, it is hoped that they could work them out amiably through e-mail correspondence. However, if the Parties are unable to seek resolution in 14-days, they agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both, unless they both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to You through arbitration is the full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to You. The parties both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that arbitration should take place; it will be held in Harris County in the State of Texas where Business’s principal place of business is located.
(v) ATTORNEYS’ FEES:In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including attorneys’ fees, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.
(vi) ENTIRE AGREEMENT: This Agreement comprises the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the subject matter hereof.
(vii) SEVERABILITY: Should any one or more of the provisions of the Terms be determined to be illegal or unenforceable, all other provisions shall be given effect separately from the provision or provisions determined to be illegal or unenforceable and shall not be affected thereby
(viii) BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns or legal representatives.
(ix) JOINT DRAFTING: If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of the authorship of any of the provisions of this Agreement
(x) NON-ASSIGNMENT: This Agreement may not be assigned by you. Aha Wellness LLC may assign all, or certain portions, of this Agreement at any time.
CONTACT: If you have any questions or concerns about this Policy, Services, Products, or Features contact us at hello@ahamovement.life
Last update of this terms of service: 10/01/2024