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Terms of Use
BY UTILIZING THE MARY V. WELLNESS COACHING LLC WEBSITE (“SITE”) AND SERVICES, INCLUDING AFFILIATED SOCIAL MEDIA (“SERVICES”), YOU (OR USER(S) ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS, POLICIES, CONDITIONS, AND NOTICES SET FORTH BELOW CONSTITUTING THIS AGREEMENT (“TERMS OF USE”). THIS ACCEPTANCE IS EFFECTIVE UPON ENTERING OUR SITE AND SHALL REMAIN IN EFFECT THROUGHOUT YOUR USE OF THE SITE AND SERVICES. NOTE SERVICES DOES NOT INCLUDE COACHING SERVICES SUBJECT TO A SEPARATE CONTRACT.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THE SITE AND SERVICES IF YOU DO NOT AGREE WITH ALL THE TERMS OF THESE TERMS OF USE THEN YOU MAY NOT USE THE SITE OR SERVICES AND MUST CEASE ANY USE OR ACCESS.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION CLAUSE AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF INDIVIDUAL ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THE SITE AND SERVICES ARE NOT INTENDED FOR USE IN THE EUROPEAN UNION OR OUTSIDE THE UNITED STATES.
Content
All content included on the Site and linked websites and social media channels with any content such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of Mary V. Wellness Coaching LLC and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Mary V. Wellness Coaching LLC and protected by U.S. and international copyright laws. Mary V. Wellness Coaching LLC expressly reserves all intellectual property rights in all Content.
Any information or other content you post, send, or provide us through our Services, which includes (but is not limited to) on the Site, Practice Better, our social media channels, etc. (“Your Content”) is yours and you are solely responsible and liable for it. Mary V. Wellness Coaching LLC is not responsible or liable for any content a user posts, sends, or links to through using our Services. You warrant and represent to us that you have the rights to post, send, or provide any of Your Content and that you are not infringing on anyone’s intellectual property or other rights by posting, sending, or providing it. Do not post or provide anything illegal, vulgar, dishonest, fraudulent, defamatory, libelous, misleading, etc.
Additionally, by posting or providing Your Content you grant Mary V. Wellness Coaching LLC a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, reproduce, distribute, store, and prepare derivative works of Your Content for purposes of carrying out Mary V. Wellness’s business but will not sell or make any Content public or share such outside of the company without your permission. This allows us to provide the Services and to promote Mary V. Wellness Coaching LLC in any formats and through any channels. You warrant and represent that you will not assert any moral, intellectual property, or rights of publicity against Mary V. Wellness Coaching LLC for using Your Content. You recognize we have a legitimate interest in using Your Content and understand that the technical processing and transmission of the Services, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Privacy
By agreeing to these Terms of Use you also agree to our Privacy Policy, you can review: HERE
License and Access
Mary V. Wellness Coaching LLC grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms of Use in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms of Use. This includes all information, resources, newsletters, etc. provided by Mary V. Wellness Coaching LLC. For clarity, personal use includes for reference, continuing education, and business related education and certification but not for resale or commercial distribution.
The Site is intended for use by individuals 18 years of age or older.
Children 13 and younger should not use our Site at all. See our privacy policy for what to do if you are a parent who believes their child may have incorrectly communicated information to us.
Unlawful or Prohibited Uses
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms of Use. As a condition of your use of this Site, you warrant to Mary V. Wellness Coaching LLC that you will not and will not assist or encourage any third party to use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms of Use. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
Make any commercial use of the Site or its Content;
Download, copy or transmit any Content for the benefit of others;
Conduct fraudulent activities on the Site;
Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
Send unsolicited or unauthorized email on behalf of Mary V. Wellness Coaching LLC;
Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
Use the Site or provide any User Content to defame, abuse, harass, stalk, unlawfully track, threaten or otherwise violate the rights of others, including others’ privacy rights or rights of publicity;
Harvest or collect personally identifiable information about other users of the Site;
Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
Use the Site to advertise or offer to sell or buy any goods or services without Mary V. Wellness Coaching LLC’s express prior written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site; or
Conduct any of the above activities in relation to any Mary V. Wellness Content, social media, or other Services.
Newsletter, Downloads, and Coaching Platform
You do not need to create an account to browse the Site, however, you will need to sign up with your email address to receive our newsletter and enter information to download free resources, and/or book a discovery call. Review our Privacy Policy relating to the information collected and what is done with it before submitting any information.
We utilize MailerLite, a third-party service provider, to deliver our website, landing pages, and newsletter and Practice Better for our Discovery Call bookings, payment processing, appointment scheduling, and if a coaching contract is entered into, for coaching communication. Please note that the manner in which third-party services use, store, and disclose your information is governed solely by the policies of such third parties, and Mary V. Wellness Coaching LLC shall have no liability or responsibilities for the privacy practices or other actions of any third-party site or service. Mary V. Wellness Coaching LLC not responsible for the accuracy, advice, or statements made available in connection with third-party services and therefore is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party service. You acknowledge that Mary V. Wellness Coaching LLC has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the third-party services. Mary V. Wellness Coaching LLC only delivers information and access, and you, or any entity you are authorized to represent, do not have an agency, partnership, joint venture, employment, or franchisee relationship with Mary V. Wellness Coaching LLC by utilizing our Services.
Disclaimer of Site and Services
Mary V. Wellness Coaching LLC does not offer the services of a medical professional. As a health and wellness coach, Mary V. Wellness Coaching LLC is not providing healthcare, medical, mental health, or nutritional therapy services or attempting to diagnose, treat, prevent, or cure any physical, mental, or emotional issues. The information provided on this Site and in any Mary V. Wellness Coaching LLC Content or communications is for informational purposes only and is not intended to substitute professional medical advice, diagnoses, or treatment. Always seek advice from your physician or other qualified healthcare provider before undertaking a new health regimen. Do not disregard medical advice or delay seeking one because of information you read on this Site or in any Content or communications. Do not start or stop any medications without speaking to your medical or mental health provider first. Please note that Mary V. Wellness Coaching LLC can’t take any responsibility for the results of your actions and any harm or damage you suffer as a result of the use, or non-use of the information available on thisSite or Content or communications. Statements and opinions contained on the Site or Content or communications are provided as self-help tools only. Mary V. Wellness Coaching LLC does not guarantee the accuracy or effectiveness of the information to your unique circumstance. NOTE YOU ARE NOT UNDER CONTRACT OR IN RECEIPT OF COACHING SERVICES WITHOUT A SEPARATELY SIGNED CONTRACT WITH MARY V. WELLNESS COACHING LLC.
Modification & Termination
Mary V. Wellness Coaching LLC may at any time: (i) modify or discontinue any part of the Site and Services; (ii) charge, modify or waive fees required to use all or parts of the Site; or (iii) offer opportunities to some or all Site users. Mary V. Wellness Coaching LLC reserves the right to make changes to these Terms of Use at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms of Use. Your continued use of the Site will indicate your acceptance of the current Terms of Use; however, any change to these Terms of Use after your last usage of the Site will not be applied retroactively. Mary V. Wellness Coaching LLC reserves the right, without notice and at its sole discretion, to terminate your use of the Site and/or Services and to block or prevent future access to and use of the Site (i) if you violate any of these Terms of Use, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site and Services will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms of Use which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
User Transactions
If you wish to purchase any product or service available through the Site via Practice Better, which uses Stripe as its payment processor, you may be asked to supply certain information relevant to your transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and other personal or financial transaction related information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you consent to such data being submitted to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. Because Mary V. Wellness Coaching LLC uses third party payment processors, Mary V. Wellness Coaching LLC is not liable for payment issues or the holding of transaction data.
No Warranties
Mary V. Wellness Coaching LLC cannot and does not represent or warrant that the Site or Services, or those of the third-party sites or services it uses, will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION AND CONTENT, MATERIALS ARE PROVIDED BY MARY V. WELLNESS COACHING LLC ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MARY V. WELLNESS COACHING LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM MARY V. WELLNESS COACHING LLC ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, MARY V. WELLNESS COACHING LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
You agree that Mary V. Wellness Coaching LLC has no responsibility or liability for any direct damages or third party claims suffered by you in connection with the Site and Services, and that use of the Site and Services, including all content, data or software distributed by, downloaded, or accessed from or through the Site and Services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you and/or your computer system or any loss of data that results from your actions and your use of the Site and Services. You use the Site and Services at your own risk.
Occasionally there may be information on the Site or in products delivered through the Site that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). For these, or any other reason, Mary V. Wellness Coaching LLC may reasonably adjust the Site and Services within its discretion without notice.
Because Mary V. Wellness Coaching LLC utilizes third party service providers to deliver the Site platform, payment processing, and other elements of the Site and Services, Mary V. Wellness Coaching LLC does not control or endorse in any respect any information, products, or services offered by third parties through the Site, and is not responsible for any possible representations and warranties these third parties may make. On the Site, we may also display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party websites outside of those we use to deliver our Site and Services. You agree that Mary V. Wellness Coaching LLC will not be liable to you in any way for your use of the third party service providers and any other third party services and that you should, and are responsible for, reviewing the terms and conditions and privacy policies of any third party service provider
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MARY V. WELLNESS COACHING LLC BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE AND SERVICES, THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
Indemnification & Defense
You agree to indemnify, defend, and hold harmless Mary V. Wellness Coaching LLC, its owners, affiliates, subsidiaries, officers and employees (collectively “Indemnified Person(s)“) from and against any and all third-party claims and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from, your use of the Services in which Mary V. Wellness Coaching LLC has no liability or responsibility as described in these Terms and/or your breach of any these Terms, and/or any business, activity or transactions carried out or performed through the Services.
Notices & Electronic Communications
Except as explicitly stated otherwise, any notices you send to Mary V. Wellness Coaching LLC shall be sent by mail to 407 Nelson Park Drive, Pittsburgh PA 15214.
Arbitration Agreement
The formation, construction, and performance of these Terms (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and the Commonwealth of Pennsylvania without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to these Terms must be submitted to confidential binding arbitration in Allegheny County, Pennsylvania except that Mary V. Wellness Coaching LLC may seek injunctive or other appropriate relief in any state or Federal court in Pennsylvania if you have violated or threatened to violate the intellectual property rights of Mary V. Wellness Coaching LLC or a third-party. The parties agree that:
the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”);
any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
If any action or claim is filed in contravention of the arbitration rules provided in this Section 19, the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania and both waive the right to a jury trial. All claims filed or brought contrary to this Section 19 are improperly filed, and the non-filing party is entitled to recover all attorneys’ fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
MARY V. WELLNESS COACHING LLC AND USERS MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
.Jurisdictional Issues
Any and all disputes shall be subject to the laws of Pennsylvania and the jurisdiction of Allegheny County, Pennsylvania.
Miscellaneous
Termination. As stated above, we can terminate your use of the Site and Services at any time. If you no longer wish to use the Services, they should cease all activity on the Site.
Entire Agreement. These Terms (along with any other policies related to the Services) is the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of these Terms of Use.
Relationship of Parties. These Terms of Use and other policies relating to the Services do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties.
Successors, Assignment, and Delegation. These Terms carry over and continue to the benefit of, and bind, the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under these Terms without written consent from Mary V. Wellness Coaching LLC. Any attempt to do so is null and void. If there is an involuntary assignment, then Mary V. Wellness Coaching LLC may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under these Terms of Use has actually taken place.
Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published, except as otherwise provided in these Terms of Use. You guarantee that the information provided to us is accurate and hereby waive all rights or objections relating to not having received notices from Mary V. Wellness Coaching LLC because of incorrect or incomplete information.
Enforceability and Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
Waivers. Waivers are only effective when in writing. If Mary V. Wellness Coaching LLC waives enforcement of any term of this Agreement, later breaches of the same or other terms are not considered waived.
Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the items in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of items, the list is not exclusive. All headings used in these Terms are for convenience only and are not to be taken into account when interpreting the meaning of any term of these Terms.
Reservation. Mary V. Wellness Coaching LLC reserves all rights not expressly granted in these Terms.
No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person(s) other than the parties.
Contact Us
If you have any concerns about your use of the Site, please contact us at:
Mary V. Wellness Coaching, LLC
407 Nelson Park Drive, Pittsburgh PA 15214
412-320-9031
info@maryvcoaching.com
Last updated 05/2025