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Disclaimer

WEBSITE DISCLAIMER

 

The website is owned by WELL BY DESIGN. By viewing this website or anything made available on or through this website, including but not limited to programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, digital downloads, courses, social media and/or other communications (collectively referred to as “Website”), you are agreeing to accept all parts of this Disclaimer. Thus, if you do not agree to the Disclaimer below, STOP now, and do not access or use this Website.

 

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

 

NOT MEDICAL, MENTAL HEALTH, OR RELIGIOUS ADVICE

Our Website is not to be perceived as or relied upon in any way as medical advice or mental health advice.

 

None of the information on or connected to our Website should be construed as medical advice in any way.  All information is provided for educational and entertainment purposes only.

The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Through this Website, we are not diagnosing, treating, preventing or curing any disease and condition. You agree and acknowledge that nothing that you read on this Website is personalized nutritional advice. Always seek the advice of your own physician and/or mental health provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any information or suggestions from this Website.

Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Website, or received from us. Do not stop taking any medications or changing your medications, supplements or food without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

The information contained on this Website has not been evaluated by the Food and Drug Administration.

 

NOT LEGAL OR FINANCIAL ADVICE

Our Website is not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.

 

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

You agree that you are using your own judgment in using our Website and you agree that you are doing so at your own risk. Our Website is for entertainment and educational purposes only. You agree and understand that you assume all risks related to use of our Website. As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of our Website that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through our Website is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result while using this Website, and you agree to assume all risks. Our Website is merely to provide you with education and tools, but you are solely responsible for your own actions, decisions and results based on the use, misuse or non-use of our Website.

 

SECURITY DISCLAIMER

We take every precaution to protect our Website, but due to the nature of the Internet, we cannot completely ensure or warrant the security of the Website or the contributions or information transmitted to us on or through our Website. Submitting contributions or receiving information on our through our Website is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Website and you agree that you are assuming such risks.

 

NO GUARANTEES

Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

 

TESTIMONIALS

We present real world experiences, testimonials, and insights about other people’s experiences with our Website for purposes of illustration only. The testimonials used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our Programs, Products and Services. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

 

LIMITATION OF LIABILITY

By using this Website, Programs, Products, Services, and/or Program Materials you agree to absolve us of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on our Website. You agree that we will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on our Website, Programs, Products, Services, and/or Program Materials. You agree that we do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with our business or us, who is engaged in delivering content on or through this Website, or our Programs, Products, Services, and/or Program Materials.

 

INDEMNIFICATION AND RELEASE OF CLAIMS

You hereby fully and completely hold harmless, indemnify and release us and any of our agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with our business or us from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Website, Programs, Products, Services, and/or Program Materials.

 

NO WARRANTIES

WE MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF OUR WEBSITE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

ERRORS AND OMISSIONS

Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that we are not responsible for the views, opinions, or accuracy of facts referenced on or through our Website, or of those of any other individual or company affiliated with our business or us in any way. Because scientific, technology and business practices are constantly evolving, you agree that we are not responsible for the accuracy of our Website, or for any errors or omissions that may occur.

 

NO ENDORSEMENT

References or links in our Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in our Website. Conversely, should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website either.

 

AFFILIATES

From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with ours. In the spirit of transparency, we want you to be aware that there may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Please note that we are highly selective and we only promote the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product or service that we may promote, market, share or sell on or through our Website.

 

By using our Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us.

 

The Website and its Content is owned by WELL BY DESIGN (“Company”, “we”, or “us”). The term “you” refers to the user, customer, or viewer of our Website.

Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these Terms and Conditions on the Website at any time without notice, and by using the Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use our Website or its Content.

 

USE OF SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site are subject to change. WELL BY DESIGN makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. WELL BY DESIGN disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.

If you have purchased a service, program, product or subscription or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

 

LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

 

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

 

CANCELLATIONS

We understand life happens and we are not always able to make fulfill the commitments we intend. We do ask for 24 hours notice to cancel or reschedule an appointment to allow someone else who may be waiting to schedule.  If an appointment is cancelled less than 24 hours, the full amount of the appointment will be charged.

 

CONSENT

All services provided by WELL BY DESIGN are as a nutrition coach. The information and education provided under this service do not replace seeing a physician for an in person examination and/or treatment. By participating in a session you hereby voluntarily and knowingly agree to assume all risks associated with participation in coaching, and you agree to hold harmless, waive, release, and indemnify WELL BY DESIGN from any and all liability and claims connected with receipt of services offered by WELL BY DESIGN. A consent form will be emailed to you and must be signed prior to our session.  

 

PRODUCT DESCRIPTION

We endeavor to describe and display our Products, Programs, and Services as accurately as possible. While we try to be as clear as possible in explaining our Products, Programs, and Services , please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

 

INTELLECTUAL PROPERTY RIGHTS

We claim no intellectual property rights over the material you supply to WELL BY DESIGN. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to WELL BY DESIGN remains yours to the extent that you have any legal claims therein. You agree to hold WELL BY DESIGN harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

 

The Site and Service contain intellectual property owned by WELL BY DESIGN, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

 

LINKS TO OTHER WEBSITES

We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

 

INDEMNIFICATION AND RELEASE OF CLAIMS

You hereby fully and completely hold harmless, indemnify and release us and any of our agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with our business or us from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Website, Programs, Products, Services, and/or Program Materials.

 

ONLINE COMMERCE

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

 

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

 

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

 

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

 

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will

post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, WELL BY DESIGN IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF WELL BY DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WELL BY DESIGN CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WELL BY DESIGN, AND IF NO PURCHASE HAS BEEN MADE BY YOU WELL BY DESIGN CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

 

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with WELL BY DESIGN. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and WELL BY DESIGN pertaining to the Site, Products, Programs, and Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by WELL BY DESIGN shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by WELL BY DESIGN.

 

By using our Website you are agreeing to all parts of the above Terms and Conditions. If you have any questions about the Terms and Conditions, please contact us. 

 

 

Terms & Conditions

Privacy Policy

 

PRIVACY POLICY CONSENT

The website and its content is owned by WELL BY DESIGN (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of https://www.WellbyDesign239.com (“Website”).

 

This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website. We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers.

 

Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let you know via email and / or a prominent notice on our Website.

 

Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy.  By using our Website or its content, you consent to this Privacy Policy, whether or not you have read it. 

 

INFORMATION WE MAY COLLECT

We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content.  We will only collect the minimum amount of information necessary for us to fulfill our obligation to you.  We may collect:

  1. A name and an email address so we can deliver our newsletter to you if applicable - you would be affirmatively consenting to this by providing this to us in our contact forms.

  2. Billing information including name, address and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.

  3. A name and an email address if you complete our contact form with a question. We may send you marketing emails with either your consent or if we believe we have a legitimate interest to contact you based on your contact or question.

  4. Information from you from a co-branded offer.In this case, we will make clear as to who is collecting the information and whose privacy policy applies. If both / all parties are retaining the information you provide, this will also be made clear as will links to all privacy policies.

 

Please note that the information above (“Personal Data”) that you are giving to us is voluntarily, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at WellbyDesign239@gmail.com

 

If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website or content.

 

ANONYMOUS DATA COLLECTION AND USE

To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences. Your IP address is the number assigned to computers connected to the Internet. This is essentially "traffic data" which cannot personally identify you, but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis. 

 

USE OF "COOKIES"

We may use the standard "cookies" feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.

 

CONTACTING YOU

We may contact you with information that you provide to us based on these lawful grounds for processing:

  1. Consent. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.

  2. Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.

 

PROCESS PAYMENTS

We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR. 

 

TARGETED SOCIAL MEDIA ADVERTISEMENTS

We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.

 

SHARE WITH THIRD PARTIES

We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates. 

 

VIEWING BY OTHERS

Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).

 

SUBMISSION, STORAGE, SHARING AND TRANSFERRING OF PERSONAL DATA

Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).

 

It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.

 

DATA RETENTION

We retain your Personal Data for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual and accounting obligations.

 

CONFIDENTIALITY

We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.

 

PASSWORDS

To use certain features of the Website or its content, you may need a username and password. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.

 

You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.

 

We will use our best efforts to keep your username and password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property. 

 

HOW YOU CAN ACCESS, UPDATE OR DELETE YOUR PERSONAL DATA

You have the right to:

  1. Request information about how your Personal Data is being used and request a copy of what Personal Data we use.

  2. Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.

  3. Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).

  4. Withdraw your consent at any time to the processing of your Personal Data.

  5. Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.

  6. Receive Personal Data portability and transference to another controller without our hinderance.

  7. Object to our use of your Personal Data.

  8. Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you. 

 

UNSUBSCRIBE

You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at WellbyDesign239@gmail.com

 

SECURITY

We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data.  That being said, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.

 

ANTI-SPAM POLICY

We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address. 

 

THIRD PARTY WEBSITES

We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.

 

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.

 

NOTIFICATION OF CHANGES

We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy.  Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact you via email or by a prominent note on our Website.

 

DATA CONTROLLER AND PROCESSORS

We are the data controllers as we are collecting and using your Personal Data.  We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.

 

If you have any questions about this Privacy Policy, please contact us. 

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