Health Coach Collective Terms
WELLORY, INC. IS ONLY WILLING TO PROVIDE THE SERVICES PROVIDED BELOW PURSUANT TO THE TERMS OF THIS WELLORY COLLECTIVE MEMBERSHIP AGREEMENT (“AGREEMENT”). BY CLICKING ON THE “ACCEPT” BUTTON, YOU (“YOU”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT WITH WELLORY, INC., EFFECTIVE AS OF THE DATE OF SUCH ACCEPTANCE (THE “EFFECTIVE DATE”). IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK “CANCEL”. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Wellory Collective Membership Agreement
We at Wellory, Inc. (“Wellory,” “our,” “we,” and “us”) are delighted in your interest to join the Health Coach Collective, [our consortium of wellness affiliates/partners/vendors/providers etc.] (the “Collective”). This Agreement sets forth the terms related to your membership for the Collective.
Membership Benefits. By signing up for a Wellory Collective membership (“Membership”) and paying the applicable membership fees (“Fees”) as required by this Agreement, you will have the opportunity to list certain information about [your health coach services, products, and other offerings] (“Your Business”) on the Health Coach Collective [marketing channels, which may include our social media accounts, e-mail, and website (the “Site”)] for the purpose of promoting Your Business, building your network and accessing relevant resources. In furtherance of this, you grant us a nonexclusive, fully-paid, worldwide, perpetual, irrevocable, royalty-free, transferable, and fully sub-licensable license to reproduce, distribute, publicly display, perform, transmit, and modify (exclusively for formatting purposes) the text, photographs, images, audiovisual clips, and other content provided by you to us for use hereunder (your “Post”) and you authorize us to use your name, image, biographical information, likeness, and other personal identifiers (including but not limited to your Instagram, Twitter, Facebook, and/or other social media handle or username) in connection with your Post.
Wellory Marks. While you have an active Membership in good standing (that is, you are in compliance with all applicable terms and up-to-date on all payments), you may refer to yourself as a “Wellory Collective Member” on your social media channels and personal website. Other than that, you may not use our trademarks, logos, pictures, illustrations or graphics (including any images from the Site) in any advertising or publicity without our consent.
Fees. You will pay Wellory a fee in the amount of $299 per year, in advance. We have no obligation to refund any membership fees or other expenses, even if you terminate your membership before the end of the Commitment Term. You also agree to pay any sales, use, value-added or other taxes or governmental charges related to your membership, or any products or services provided by Wellory.
Term. Each Membership term is 12 months (“Membership Term”), starting on the date you sign this agreement, and continuing in full force and effect for the duration of the Membership Term. After the end of the Membership Term, this Agreement, and your Membership will automatically renew additional Membership Terms. You or we can terminate this Agreement upon 30 days prior written notice at any time, but you will not receive a refund of any pre-paid Membership Fees. Upon termination or expiration of this agreement, we shall promptly return the Post materials and remove your Post from the Site.
Posts. All Posts are subject to our prior approval. We reserve the right, at our discretion, to edit or remove your Post for any reason, including to comply with any applicable laws. If we remove the Post, we will notify you. We are not responsible for the content of your Post, any results (or non-results) of your Post or the use or disclosure of any personal information that you voluntarily disclose in your Post.
Representations. You represent and warrant that: (i) you have all rights necessary to grant the licenses granted in this Agreement, including any necessary rights and consents from third parties appearing in your Post; (ii) your Post contains accurate and updated information and (iii) you will at all times abide with all applicable laws, rules and regulations. You acknowledge and agree that any Post materials submitted by you pursuant to these terms will be non-confidential. You acknowledge and agree that we have no control over, and shall have no liability for, any damages resulting from the use or misuse by any third party of your Post. You understand that this agreement does not grant you right or authority to bind us in any way.
DISCLAIMER. WELLORY MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING OUT OF USAGE OR TRADE AND COURSE OF DEALING OR PERFORMANCE. We do not warrant or guarantee that you will achieve any level of sales, revenue, or profit. We acknowledge that we do not have the right or authority to bind you in any way.
Communications. We will contact you from time to time related to your Membership and Post using the email address we have on file for you or otherwise Post the notice on our services. We may also, from time to time, share your e-mail information with our third-party partners, in order to provide beneficial promotional and marketing opportunities to you.
Indemnity. You agree to indemnify and hold us harmless from all actions, suits, claims, and demands related to any acts or omissions, your Posts and Your Business. You hereby waive any and all claims against Wellory relating to: (i) intellectual property infringement; (ii) defamation, libel, slander, or any similar claims; and, (iii) any invasion or misappropriation of the right of privacy, publicity, or personality.
Liability. WELLORY SHALL NOT BE LIABLE FOR (A) ANY DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, NOR FOR ANY LOSS OF REVENUE, PROFIT, BUSINESS, DATA, OR GOODWILL SUFFERED BY ANY PERSON IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT OR (B) AMOUNTS THAT IN THE AGGREGATE EXCEED TEN US DOLLARS ($10); PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR: (1) INJURY CAUSED BY WELLORY’S NEGLIGENCE; (2) FRAUD; OR (3) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.