Thank you for reviewing the Terms of Service Agreement (hereinafter the “Agreement”) for the MaryWallaceWellness.com web site. This website is owned and operated by Mary Wallace Enterprises LLC, a Virginia limited liability company (hereinafter “Mary Wallace Wellness” or “We”). This Agreement applies to anyone who visits or otherwise uses the MaryWallaceWellness.com web site (“Users”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access Mary Wallace Wellness services (“Services”) or the MaryWallaceWellness.com web site (hereinafter referred to collectively as “MaryWallaceWellness.com” or “the Site”).
2. About MaryWallaceWellness.com.
Mary Wallace Wellness provides you with information, resources, and tools regarding food and lifestyle choices that can improve your life. We do this through the information on the Site and through our personalized coaching, counseling, workshop and consulting services, which you can learn more about on the Site.
3. Availability and Eligibility.
The Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. If you do not qualify, please do not use our Site or services.
The Site provides you with information to learn more about healthy living, eating and cooking and about our coaching, consulting, workshops, and other services and products. You may view the Site at no cost. All Services are provided pursuant to a separate individual written contract.
5. User’s Responsibilities and Acknowledgements.
6. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content except as permitted under the applicable laws or without the prior expressed written permission of Mary Wallace Wellness and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.
Without limiting other remedies, we may refuse to provide our services to you for any reason or if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this Agreement at any time, with or without cause.
9. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, Mary Wallace Wellness. Such links do not necessarily constitute an endorsement by Mary Wallace Wellness of those sites. Mary Wallace Wellness undertakes no obligation to monitor such sites, and you agree that Mary Wallace Wellness is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, links or usage.
10. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email until such time as you opt out of receiving emails from us.
11. Disclaimer of Warranties.
WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MARY WALLACE WELLNESS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT, OR ANY OF OUR SERVICES, TOOLS, OR PRODUCTS. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MARY WALLACE WELLNESS DISCLAIMS ANY AND ALL SUCH WARRANTIES.
12. Limitation of Liability.
IN NO EVENT SHALL WE, OUR MEMBERS, MANAGERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT MARY WALLACE WELLNESS ‘S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold us and our members, managers, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of your violation of this Agreement or your use of the Site. You further agree that you will cooperate fully in the defense of any such claims. Mary Wallace Wellness reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Mary Wallace Wellness.
Mary Wallace Wellness grants a limited license to each User to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.
Failure by Mary Wallace Wellness to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
16. General Provisions.
This is the entire Agreement governing the use of the Mary Wallace Wellness Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the County of Henrico, Virginia. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Mary Wallace Wellness in accordance with applicable law and the remainder of the Agreement shall remain in full force.
17. Contact Mary Wallace Wellness.
Any notices to Mary Wallace Enterprises LLC shall be given by postal mail to Mary Wallace Wellness (in the case of Mary Wallace Wellness). You agree that you will notify Mary Wallace Wellness in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give Mary Wallace Wellness a reasonable period of time to address it before bringing any legal action.