Terms and Conditions
The Website and its Content is owned by Be Well with Rose, LLC. (“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 and in the Service related to women’s health and nutrition and other information are subject to change. Be Well with Rose, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Be Well with Rose, LLC 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 48 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 48 hours, the full amount of the appointment will be charged.
CONSENT
All services provided by Be Well with Rose, LLC during Health Coaching Services are as a health and wellness consultation. The information and education provided under this service do not replace seeing a physician or physical therapist 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 Health Coaching Services, and you agree to hold harmless, waive, release, and indemnify Be Well with Rose, LLC from any and all liability and claims connected with receipt of services offered by Be Well with Rose, LLC. 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 Be Well with Rose, LLC. 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 Be Well with Rose, LLC remains yours to the extent that you have any legal claims therein. You agree to hold Be Well with Rose, LLC 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 Be Well with Rose, LLC, 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, BE WELL WITH ROSE, LLC 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 BE WELL WITH ROSE, LLC 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 BE WELL WITH ROSE, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM BE WELL WITH ROSE, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU BE WELL WITH ROSE, LLC’S 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 Be Well with Rose, LLC. 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 Be Well with Rose, LLC 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 Be Well with Rose, LLC 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 Be Well with Rose, LLC.
CONTACT US
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 here. Thank you.
PRIVATE AND GROUP CLIENT TERMS AND CONDITIONS
Dr. Rose Schlaff offers health coaching and consulting services in-person, online and by phone, Facetime and Zoom. These services are intended to provide general education on pelvic health, sexual health, the science and biology of pain, lifestyle, exercise and nutrition. Health coaching and consulting services also may consist of identifying what services, professionals and resources may be of value to individuals who are pursuing a healthy lifestyle or to seeking help for a health concern.
Dr. Schlaff may provide general advice on nutrition and healthy eating habits. This advice is not intended to substitute for medical advice from a licensed dietician or nutritionist for specific medical conditions. If you require such specific advice, you should seek it from a licensed dietician or nutritionist.
It is also important to understand that although Dr. Schlaff is a licensed physical therapist, her coaching and consulting services are not considered physical therapy interventions and should not be used as a substitute for physical therapy or medical advice.
By engaging in our services, you acknowledge and agree that the education or advice you receive through Dr. Schlaff’s coaching and consulting services are not considered medical or physical therapy advice or constitute a patient-therapist relationship with you. Always seek the advice of your own physician, physical therapist and/or mental health provider regarding any questions or concerns you have about your specific health problems or any medications, herbs or supplements you are currently taking and before implementing any information or suggestions from Dr. Schlaff. Do not disregard medical advice or delay seeking medical advice because of information you have received from Dr. Schlaff. Do not start or stop taking any medications without speaking to your own 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. Any recommendation of any program, service or product is simply offered for educational purposes, and you need to check with your own medical professional before using any of these products on, in or near your body in any way.
You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. For specific questions related to a medical or mental health situation, be sure to consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. For specific questions related to religion, spirituality, or faith, consult your own clergy member or spiritual healer. By signing this Agreement, you agree that you are also consenting to the full Disclaimer which may be found on my website.
This Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. Dr. Schlaff does not guarantee that you will attain any particular result from her health coaching and consulting services. As with all services, there are sometimes unknown individual risks and circumstances that can arise that cannot be foreseen and that can influence or reduce results. You agree to assume all such risks recognizing that there is a rare chance that illness, injury or even death could result.
There are potential risks with the use of telecommunication technology, including but not limited to: (1) interruption of the audio/video link, (2) disconnection of the audio/video link, (3) video that may not be clear enough to meet the needs of the consultation, and (4) potential of unauthorized access to the live or stored consultation. If any of these occur, the coaching/consultation may need to be stopped and/or rescheduled. Also, we are not responsible for these or other technology problems that we are not in control of.
IN NO EVENT WILL ROSE SCHLAFF OR BE WELL WITH ROSE, LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OUR CONTENT OR SERVICES EVEN IF DR. ROSE SCHLAFF IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DR. ROSE SCHLAFF’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Scheduling, Rescheduling or Cancellation:
I understand that you have a busy schedule and I take pride in not keeping you waiting or keeping you longer than planned. Each session will end at the agreed upon time period after it was scheduled to begin. Please be on time.
Our time together is important. If the Program Participant needs to cancel or reschedule the appointment, the Program Participant must do so at least 24 hours in advance by providing written notice via text or email to bewellwithrose@gmail.com. For Monday appointments, please notify us of cancellations no later than your appointment time on the Friday preceding your appointment. Otherwise, the Program Participant will forfeit that appointment and will not have an opportunity to reschedule it, this will be considered a Missed Call. You will not be refunded for the cost of the Missed Call.
Investment:
You agree that you are financially willing and able to invest in this Program by choice and that by so doing, you are not incurring any economic hardship in any way. You understand that the obligation to pay the full amount is a significant part of the motivation underlying the program. It is designed to enhance the likelihood that you will be motivated to complete and thereby gain the full benefit of the Program.
Missed Payment:
If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by e-mail and then have a 3-day grace period to make the payment following the due date, otherwise, your Program will be put on hold. If no payment is made within the 3-day grace period, the Program will automatically terminate and you will no longer be granted access.
Refund Policy:
It is my intention for you to be happy with your Program. However, because I have invested considerable time and effort in your Program, if you decide to withdraw at any time for any reason, you are still fully responsible for making all Program payments, and no refunds will be provided.
Confidentiality:
Confidentiality is important to me. I will keep all information exchanged between us during the Program confidential. I will not disclose any information that you share with me during the Program to anyone else unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) when required by law, or (3) you have given me prior written permission.
Intellectual Property Rights:
I retain all ownership and intellectual property rights to the Program content and materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.
Personal Responsibility and Health Care, Release of Claims:
The Program Participant acknowledges and takes full responsibility for the Program Participant’s life and wellbeing, and all decisions made before, during and after this Program. The Company makes no warranty or representation about whether the Program is suitable or appropriate for the Program Participant, and the Company makes no guarantee that the Program Participant will obtain any particular result.
The Program Participant hereby releases the Company, its owners, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors (collectively the “Releasees”) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which against the Releasees, the Program Participant ever had, now has or will have arising from the Program Participant’s past, present or future participation in the Program, or otherwise with respect to the Program.
The Program Participant expressly assumes the risks of the Program, whether or not such risks were created or exacerbated by the Company or the Health Coach and whether or not such risks were known or unknown at the time of participation.
Limitation of Liability:
In no case shall Company, its owners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of the Program or any products procured under the Program, or for any other claim related in any way to the Program or any product recommended or sold by Company or Health Coach, including, but not limited to, any errors or omissions in any Program content, or any loss or damage of any kind incurred as a result of the use of the Program or any content (or product) posted, transmitted, or otherwise made available via the Program, even if advised of their possibility. The total liability of the Company for all claims of any kind arising out of this Agreement or the Program, whether in contract, tort, or otherwise, shall be limited to the unused portion of any Program Fee. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification, and Release of Claims
Program Participant agrees to indemnify, defend and hold harmless Company and its owners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of Program Participant’s use of the Program, or Program Participant’s violation of any law or the rights of a third-party.
You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program Materials, to the extent permitted by applicable law.
Termination:
If either of us desires to terminate the Agreement at any time, we both agree to notify the other at least 72 hours in advance by e-mail. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.
Notice:
All correspondence or notice required regarding the Program shall be made to me by e-mail at bewellwithrose@gmail.com and to you at the e-mail address you provided during your enrollment in the Program. Should your e-mail address, billing information, or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 72 hours of any change.
Entire Agreement, Assignment, Survivability and Waiver:
This Agreement contains our entire agreement. This Agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement.
Governing Law:
This Agreement shall be construed according to the laws of the State of California.
Dispute Resolution:
Should we ever have any differences, it is hoped that we could work them out amicably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the unused portion of the Program Fee made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in San Diego County in the State of California where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement:
If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions. By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you are in agreement with all of the terms of this Agreement.