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This is a legally binding agreement that governs your relationship with the Company and may limit one or more of your substantial rights. Please read these Terms and Conditions carefully before using any Pathways to Wellness, LLC.
Use of the Services, including purchasing and/or participating in a Program or accessing any materials presented by the Company, is subject to the following terms. These Terms apply to all clients and all other users of the site. By purchasing or participating in a Company Program, accessing Company Materials, checking the box during the checkout process, or using the Site or Service, you agree to these Terms in full, including as they are amended from time to time, and acknowledge reading them.
If you do not understand or do not accept the Terms, please do not purchase this Program and do not access any of the Company’s proprietary materials, as doing so constitutes your full acceptance and understanding.
“Company”, “we”, “us”, and “our” refer to Pathways to Wellness, LLC.
“Client”, “user,” “you”, and “your” refer to clients, client team members (including employees, contractors, and other representatives of client and client’s company) and any other users of the site.
“Materials” includes any content, whether conveyed by written, audio, digital, visual, or other means, containing Company or Program proprietary and/or confidential information, including merchandise..
“Program” any course, seminar, retreat, session, class, event, or other offering by the Company.
“Service” or “Services” refer to the services included in the designated Program.
“Site” refers to pathwaystowellnessct.org, as well as any official Company social media account to the extent that the content on such account is from the Company.
“Terms” means these Terms and Conditions as they are amended from time to time.
GENERAL PROGRAM TERMS
Unless otherwise indicated, you may only access the Program Services while you are a current and paying member of the given Program.
Pathways to Wellness only has the power to provide access to its services and opportunities to participate. If User fails to attend, utilize, or access the Services, User remains responsible for all payments incurred by User’s subscription.
Pathways to Wellness may alter or substitute non-material details to a Program from time to time pursuant to its own discretion. Such alterations may include minor subject matter and personnel modifications.
Additional terms and conditions may apply to purchases of other specific Services or Program we offer, including contests, promotions, seminars, events, or other similar occasions, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific Service, the latter terms shall control with respect to your use of that Service.
We may make changes to a Service offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and we make no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site and Services, and they are incorporated in these Terms by this reference:
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. By accessing the Site and/or using the Services, You agree that You have read and agree to abide by these additional terms.
Payment Date. For monthly payments, the Company will bill Client monthly on the same day, beginning on the date of their subscription (the Monthly Payment Date). If the Monthly Payment Date is on the 29th, 30th, or 31st, then upon reaching a month which does not contain the applicable date, the Monthly Payment Date shall default to the last day of the month and revert to the original payment date thereafter. To illustrate:
If a subscription is purchased on the 31st December 2012, the next 4 payments will be charged on:
Late payment fee. If any fee outlined in this Agreement remains unpaid after the third calendar day following its due date, Pathways to Wellness reserves the right to assess a penalty fee of ten percent (10%) of the payment due at its own discretion. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 30 days after the initial due date, your account will be referred to our collections agency.
Financing. In select cases, Pathways to Wellness may offer financing through a third party provider. If you receive financing through such third party, you will be subject to its terms and conditions. Pathways to Wellness will not be liable for any loss or damage to you that arises out of or results from an action by the third party.
In all cases, Pathways to Wellness reserves the right to cancel your subscription and/or demand payment of the total balance if you fail to make any payment within 5 business days of such payment’s due date.
Payment Security and Chargebacks. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO REFUNDS. Pathways to Wellness will issue NO REFUNDS under any circumstances for your cancellation of your ongoing subscriptions in a Program. You may elect to cease participation in the Program(s) and/or cancel your subscription; however, please note that if you selected to pay for a Program through an installment payment plan, you will remain obligated to pay all remaining unpaid and owed program fees in full.
Cancellation of Monthly Subscription. For month-to-month subscriptions, you may cancel future monthly memberships for any reason with 15 calendar days' notice prior to the billing for the next membership period. If you fail to provide 15 days’ notice, your request may not be received and/or processed prior to the next membership period and you may be charged for this period. Such charge will not be refundable, but you will retain access to the Program through the purchased month.
Pathways to Wellness Initiated Cancellation. Pathways to Wellness may cancel your Program membership at any time for any reason by providing written notice to you. In the event that we cancel your membership, we will provide a prorated refund of program fees to be calculated based on the time left in the program. Notwithstanding our obligation to refund prorated program fees in the event of our cancellation of your membership, no other partial or full refunds will be given to Client for any reason on any date. Neither Client’s cancellation, nor Client’s failure to effectively participate in the program, are grounds for a refund.
PLEASE NOTE THAT PATHWAYS TO WELLNESS’S CANCELLATION OF THE PROGRAM DUE TO UNFORESEEN CIRCUMSTANCES WILL BE HANDLED PURSUANT TO THE FORCE MAJEURE CLAUSE AND NOT PURSUANT TO THIS SECTION. PATHWAYS TO WELLNESS WILL NOT ISSUE A REFUND FOR A FORCE MAJEURE EVENT.
The Pathways to Wellness coaching team is a diverse group of coaches, most of whom are Black women or women of color. You attest that you welcome the opportunity to be coached, led, and directed from a diverse group of coaches.
By participating in any Program, You understand that portions of such program may be recorded in video and audio and/or captured in still and/or digital photographs by the Company. You agree that the Company and its assigns have the right and permission to use such recordings and photographs for any purpose without further compensation, permission, or notification to You.
Unless expressly stated otherwise in the registration for the specific Program, all Programs must be attended in person and will not be livestreamed. You are required to make your own travel arrangements to the events and must comply with the Company’s Covid-19 Policy.
We reserve the right to request certain documentation from you for in-person Programs, including the following:
Company reserves the right to make reasonable alterations to a Program. Such alterations may include but are not limited to: replacing activities as necessary to maintain the safety of participants and the integrity of the select Program experience. You understand that the schedules, itineraries, amenities or element of an in-person Program may be subject to alteration without prior notice due to local circumstances, which may include sickness or mechanical breakdown, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather, and other unpredictable or unforeseeable circumstances or any other reason whatsoever.
The term of this Agreement shall begin on the date of first payment for the Services and continue until you or we terminate your membership or subscription.
We cannot guarantee the outcome of the Services and our comments about the outcome are expressions of opinion only. We make no guarantees other than that the Services described in Paragraph 3 shall be provided to you in accordance with these Terms and Conditions. You acknowledge that we cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by us.
(a) Client Information: Any of your information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing you with the services specified hereunder without your express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information.
(b) Other Participant Information: Client agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a), shared by fellow participants in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Company Information: Client agrees to keep confidential any Confidential Information, as defined in Paragraph 13(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Client agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(e) Violations of Confidentiality: Client agrees that if Client violates or displays any likelihood of violating this paragraph 7 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
(a) Independent Contractor Relationship: These Terms and Conditions shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under these Terms and Conditions. Company shall be responsible to the ownership and management of the Client, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to these Terms and Conditions. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.
(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.
Client agrees that the Program contains proprietary content that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws (“Intellectual Property”). Company retains the sole right to use, reproduce, and distribute Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.
(a) Company’s Warranties: Company represents, warrants and covenants that, Company has full authority to enter into these Terms and Conditions and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, THE COMPANY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 18 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER.
(d) CLIENT WAIVES, RELEASES, AND DISCHARGES THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, FROM ANY LIABILITY, INCLUDING BUT NOT LIMITED TO, LIABILITY ARISING FROM THE NEGLIGENCE OR FAULT OF THE PERSONS RELEASED, FOR ANY DEATH, DISABILITY, ILLNESS, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY LOSS, OR ACTIONS OF ANY KIND WHICH MAY OCCUR TO CLIENT DURING A PROGRAM. CLIENT INDEMNIFIES, HOLDS HARMLESS, AND PROMISES NOT TO SUE THE COMPANY OR RELEASED PERSONS FROM ALL LIABILITIES OR CLAIMS MADE BECAUSE OF PARTICIPATION IN A PROGRAM, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.
(e) CLIENT ATTESTS THAT HE OR SHE IS VOLUNTARILY PARTICIPATING IN ALL THE ACTIVITIES WHICH MAY BE INVOLVED IN AND RELATED TO A PROGRAM. CLIENT FURTHER ACKNOWLEDGES THAT THE SERVICES PROVIDED AT A PROGRAM, AS WELL AS CERTAIN OPTIONAL ACTIVITIES OFFERED BY ASSOCIATED VENUES, MAY BE INHERENTLY DANGEROUS OR CARRY SOME INHERENT RISK, INCLUDING BUT NOT LIMITED TO YOGA SESSION, HIKING, WATER SPORTS, ADVENTURE ACTIVITIES, AND OTHER PHYSICAL ACTIVITIES. THESE ACTIVITIES CAN BE STRENUOUS AND MANY OCCUR IN THE NATURAL ENVIRONMENT AMONG WHICH EXPOSES YOU TO NATURALLY OCCURRING HAZARDS. YOU REPRESENT THAT YOU HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH ABILITY, AND EXPERIENCE TO PARTICIPATE IN ANY PROGRAM ACTIVITY AND WILL NOT PARTICIPATE IN ANY ACTIVITY WHERE YOU DO NOT BELIEVE YOURSELF TO HAVE SUFFICIENT PHYSICAL STRENGTH, HEALTH, ABILITY, AND EXPERIENCE TO SAFELY PARTICIPATE.
YOU UNDERSTAND THAT, WHILE REASONABLE PRECAUTIONS HAVE BEEN TAKEN TO PROMOTE SAFETY, NOT EVERY SITUATION CAN BE CONTROLLED. THEREFORE, YOU EXPRESSLY ASSUME ANY AND ALL OF THE RISKS OF PARTICIPATING IN A PROGRAM AND AGREE TO INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE COMPANY OR ANY PARTY OR ENTITY CONDUCTING A SPECIFIC EVENT OR ACTIVITY ON BEHALF OF COMPANY AND RELEASE THOSE PARTIES FROM ANY AND ALL LIABILITIES OR CLAIMS MADE AS A RESULT OF YOUR ATTENDANCE AND PARTICIPATION IN A PROGRAM. UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE FOR YOUR INJURY, ILLNESS, DEATH, OR ANY LOSS OR DAMAGE TO YOUR PERSONAL BELONGINGS RESULTING FROM YOUR PARTICIPATION IN A PROGRAM.
(f) SHOULD YOU REQUIRE EMERGENCY MEDICAL TREATMENT AS A RESULT OF AN ACCIDENT OR ILLNESS ARISING DURING YOUR ATTENDANCE AND PARTICIPATION IN A PROGRAM, YOU CONSENT TO SUCH TREATMENT AND AGREE TO BE FINANCIALLY RESPONSIBLE FOR ANY MEDICAL OR LEGAL BILLS THAT MAY BE INCURRED AS A RESULT OF EMERGENCY MEDICAL TREATMENT. YOU AGREE THAT IF YOU HAVE ANY MEDICAL OR PSYCHOLOGICAL CONDITIONS THAT MAY HAMPER YOU FROM FULLY AND HEALTHFULLY PARTICIPATING IN A PROGRAM ACTIVITY COMPANY RETAINS THE RIGHT TO ASK THAT YOU NOT PARTICIPATE IN SUCH ACTIVITY AND WILL HAVE NO OBLIGATION TO MAKE AND FULL OR PARTIAL REFUND FOR THE PROGRAM.
(g) YOU UNDERSTAND THAT FROM TIME TO TIME, THE COMPANY MAY PARTNER WITH A THIRD PARTY TO PERFORM THE SERVICES AND CONDUCT CERTAIN PROGRAMS. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO YOU FOR ANY HARM TO YOU OR YOUR PROPERTY AS A RESULT OF THE CONDUCT OF SUCH THIRD-PARTY.
The subject headings in these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
These Terms constitute the entire agreement between the parties pertaining to the subject matter contained and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions of these Terms and Conditions 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 the party making the waiver.
These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
We reserve the right to update or amend 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. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. It is your responsibility to check these Terms periodically for changes.
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.
Unless otherwise indicated, all notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Pathways to Wellness, LLC
554 Boston Post Road #372
Orange, CT 06477
To Client at Client’s address provided at the time of purchase.
Any party may change its address for the purposes of this paragraph by giving the other parties written notice of the new address.
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of CT as applied to contracts that are executed and performed entirely in CT. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be New Haven County, Connecticut. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation, which may include going before a certified mediator or the parties are unable to first negotiate a settlement without such assistance. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
23. Force Majeure. We shall not be liable for any costs or damages due to any delay or nonperformance of an obligation under this Agreement arising out of extraordinary events beyond our control, including acts of God, natural disaster, war, governmental action, outbreak or pandemic, civil unrest, gas, oil, or fuel shortage, or power failure.
Questions about these Terms and Conditions? Email us office@pathwaystowellnessct.org
Updated: February 7, 2023
Update coming soon
Update coming soon
60 Connelly Parkway Suite 2b-102 Hamden, CT 06514/ 203-691-5255 Copyright © 2023 Pathways to Wellness, LLC - All Rights Reserved.