Updated JULY, 2020
Thank you for visiting DWHealthcoaching.com web site, including DWHealthcoaching.com, sjogrenssolution.com, Divine wellness INC. You arrived at this Terms & Conditions page from one of the above sites, referred to herein as “this web site”.
The following Terms and Conditions from Divine Wellness, Inc. (hereinafter “COMPANY”, “We”, and “Us”) govern your use of the above web sites and apply to your access and use of them.
By accessing or using this web site, you are acknowledging and accepting, and agree to be bound by, the Terms and Conditions described herein. These Terms and Conditions are subject to change or modification by COMPANY at any time and at our discretion without notice. Except as specified elsewhere herein, your continued use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use the Website. If you do not agree with the Terms and Conditions, please do not use or access the web site.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
Please also note that Divine Wellness, Inc. is an entity based in Texas, USA that primarily serves customers in North America.
1. GENERAL CONDITIONS
c. Governing Jurisdiction of the Courts. This site is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the site or services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the site you agree to do so subject to the internal laws of the State of Texas. If there is any dispute arising out of the site and/or the services, by using the site, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of the State of Texas, for the resolution of any such dispute.
d. Foreign Access. The Site is controlled and operated in whole or in part by Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com makes no representation that the content in the Site is appropriate or available for use in other locations, and access to it from territories where the content may be illegal is prohibited.
e. Termination of Access.Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.
PLEASE READ THE SECTIONS TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” AS THEY AFFECT YOUR LEGAL RIGHTS.
DWHealthcoaching.com, www.sjogrenssolution.com, which is operated by DIVINE WELLNESS INC (“Company”, “we”, “us”, or “our”) provides visitors information on the website subject to the following terms and conditions (“Terms and Conditions”). The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service of the Company (each, a “Product”).
We reserve the right to amend this Agreement at any time without notice to you. We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective. It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.
The United States of America AND OVER 18 USE ONLY
The website is intended only for individuals over the age of 18 residing in the United States of America. We do not make any representations that this website is appropriate or available for use outside of the United States of America. If you access the website or any of our Products from outside of the United States of America, you do so at your own risk and on your own initiative. It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.
a. Data Collection.
i. Voluntary Data Collection
Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com collects information that you provide to us under various circumstances, including when you complete a form, enroll in a course, join a Facebook group, enter a promotion, enroll in a training, or otherwise communicate with Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com . That information may include your name, address, e- mail address, telephone number, gender, age, payment information, and any other information you provide or display in that circumstance.
ii. Automatic Data Collection
Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com also collects information when you visit any of our Sites or learning platforms. That information may include information about your device, IP address and general physical location derived from it, nature of phone service, referring URLs, operating system, browser type, link clicks and page visits, interactions with video players, tools, and widgets.
iii. Use of Data
Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com uses information about you for various legitimate interests, including: helping Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com to detect and prevent fraud; improve network security; provide, maintain and improve the Sites and learning platforms; process transactions; personally communicate with you; improve your user and learning experience; improve our advertising and marketing efforts; facilitate promotions; to contact users about programs or courses for which they have expressed interest; to distinguish adults from minors; and for other legitimate interests. Information about you will be maintained only as long as necessary to serve Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com’s legitimate interests. If, at any time, you want to update or correct your information or would like us to restrict or discontinue using your information, you can contact us at the address provided below. Note that, in some cases, a request to restrict or discontinue the use of your information may prevent you from continuing to enjoy certain products or services.
iv. Disclosure of Data
From time to time, Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com may also share some of your information with our business partners to operate and improve the Sites and learning platforms, to process payments, transmit emails, conduct promotions, host and protect data, manage ads, offer technical and customer support, and for other legitimate interests. For example, if you opt-in to receive Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com marketing materials or other promotional items, Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com may provide your information to third parties entrusted with fulfilling those requests. You may opt out of receiving those and other emails from Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com at any time through the unsubscribe or manage preference link included in such emails.
Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com also discloses information when required to do so by law, or when Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com in good faith believes such action is necessary to
protect the property or rights of Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com, third parties or the public at large.
b. Use of "Cookies."
1st Party Cookies
A “cookie” is a small text file placed on a user’s computer used to store information about the user. Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com may use
cookies to track the pages that users to the Site visit during their online session, for marketing and advertising purposes, to help Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com improve users’ experiences, and/or to help Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com understand how the Site is being used.
Users who do not wish to have cookies placed on their computers should disable cookies through their web browser settings, with the understanding that disabling cookies may diminish a user’s experience on the Site and that certain features of the Site may not function properly without the aid of cookies. Cookies are not harmful and cannot introduce viruses or extract PII.
3rd Party Cookies
Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com may allow third party companies to set and access their own cookies. Such “third party cookies” are used to collect data about the Site’s traffic, for statistical analysis about the advertisements on the Site and to further customize and enhance a user’s experience on the Site. Third party cookies may also be used for traffic and conversion analysis and/or remarketing purposes, which may include, inter alia, promoting display ads based upon users’ past behavior, showing Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com ads across the Internet and providing reporting on users’ interactions with our ad services.Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com does not control third party cookies and third party cookies are not governed by
Users may choose to opt out of or disable third party cookies. Advertisers may allow users to opt out of ads by visiting their websites and customizing the user’s ad settings.
c. Assignment of Rights. In the event of an assignment, sale, joint venture, or other transfer of some or all of Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com’s assets, you agree Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com may assign, sell, license or transfer any information that you have provided to us.
3. GUIDELINES FOR USE
We have established certain guidelines to keep our community safe (“Guidelines”). By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:
● You will comply with all applicable law;
● You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
● You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
● You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
● You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
● You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
● You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
● You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
● You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
● You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
● You will not engage in market research or any research intended to help a competitor;
● You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
● You will not block or cover any advertisements on the website;
● You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.
We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.
4. INTELLECTUAL PROPERTY
The website and its content and all Products, including but not limited to videos, coursework, training modules, photographs, sound recordings, images, digital content, material available as a free download, software, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).
While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:
● Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
● You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.
It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us using the contact information provided below.
5. NO WARRANTIES
Your use of this website and any Products is entirely at your risk, as the website and our Products are provided on an “as is” and “as available” basis. We do not make any express or implied warranties or representations relating to the website, its content and our Products, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. We also do not make any express or implied warranties or representations that the website will operate without error or that the website, the servers relied on, our Products and any content is free from computer viruses or other potentially harmful or destructive features. Some jurisdictions do not permit the exclusion of certain warranties. As such, some of the exclusions referenced in this section may not apply to you.
6. LIMITATION OF LIABILITY
To the fullest extent permissible by law, the Company and our directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring.
This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.
You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective directors, contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this website or any of our Products, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights. We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims. We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel. You agree to cooperate and assist us in defending any such Claim.
8. LIMITED LICENSE
Notwithstanding any other provisions in this Agreement, if you purchase any Products or download any of our free Products, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use. You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use.
Your License is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products and invoice you for any damages.
9. CONFIDENTIAL INFORMATION
Please do not upload, post, send, email, or otherwise make available any material that contains any confidential information.
When you purchase any Product through this website, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If you are on a payment plan or recurring payment, it is your responsibility to keep an up-to-date payment method with us. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.
11. WEBSITE AVAILABILITY
Your access to the website or Products may be occasionally restricted, such as when we need to make repairs or are introducing new features. Your access to the website or Products may also become permanently disabled, such as if we decide to terminate the operation of the website or Products. We cannot guarantee that you will have continuous access to the website or Products.
Section: Refund Policy
The use of websites and services is on a no refund basis, unless otherwise stated.
12. GOVERNING LAW
All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of The State of TEXAS, United States of America without regard to conflicts of laws principles that would require the application of any other law.
13. SECTION: BINDING ARBITRATION
INJUNCTIVE OR OTHER EQUITABLE RELIEF
We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property. All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought solely in the state of TEXAS or federal courts of the State of TEXAS, United States of America. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.
CLASS ACTION WAIVER
You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company.
YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.
TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.
If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.
Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.
Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions. They shall not be considered in construing or interpreting this Agreement.
The terms and conditions of this Agreement shall insure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company. Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement. You may not assign any of your rights or transfer any obligations under this Agreement to any other person.
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees, costs and disbursements in addition to any other relief to which such party may be entitled.
Section: How to Contact Us
HOW TO CONTACT US
If you have any questions, please contact us using the information below.
By email: firstname.lastname@example.org
Mail: Divine Wellness
PO BOX 273, Sugar Land,
a. No Warranties. Information on the Sites and learning platforms is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non- infringement.
b. No Liability. In no event will Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com be liable for damages of any kind relating to use of the Sites and learning platforms, including without limitation any special, indirect, incidental, or consequential damages, even if Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com has been advised of the possibility of such damages.
c. Accuracy. Although every effort is made to ensure the accuracy of published information on Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com Sites, they may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com assumes no responsibility for errors or omissions on the Sites or in documents referenced by or linked to the Site.
15. Medical Disclaimer
THE INFORMATION PROVIDED ON THE SITE’S AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH US IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
Divya Dhawan, DWhealthcoaching.com, Sjogrenssolution.com are not intended to diagnose, treat, cure or prevent any disease and we make no claims as such and nothing that is on this site should be misconstrued as such. Although our meal plans are healthy and loaded with superfoods, everyone has different dietary needs and potential allergies and intolerances. Medical conditions also may have a significant impact on your particular dietary requirements. You should always consult with your own health care provider as to what is right for you specifically. For personalized health related questions, please contact your own health care provider.
16. You Have No Doctor-Patient Relationship with Us.
NO LICENSED DOCTOR/PATIENT RELATIONSHIP OR MEDICAL PROFESSIONAL-PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE OR OUR SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM US INCLUDING, BUT NOT LIMITED TO, COACHING, ANY PROVIDER ON THE SITE, LINKS TO OTHER WEBSITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE PROVIDER. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL
QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.