Terms of Service

Terms of Service

These Terms of Service govern your use of the website located at https://kylarwellness.com and any related services provided by Kylar Wellness.

By accessing https://kylarwellness.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Kylar Wellness.

We, Kylar Wellness, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on August 24, 2024.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
• remove any copyright or other proprietary notations from any materials and software on this website;
• transfer the materials to another person or “mirror” the materials on any other server;
• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Kylar Wellness provides;
• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website in conjunction with sending unauthorized advertising or spam;
• harvest, collect, or gather user data without the user’s consent; or
• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

All intellectual property rights in the materials and content provided on this website, including but not limited to text, graphics, logos, images, as well as the selection and arrangement thereof, are owned by or licensed to Kylar Wellness. These materials are protected by applicable copyright, trademark, and other intellectual property laws. Users are granted a limited, non-exclusive, non-transferable license to access and use such materials solely for personal, non-commercial use. This license includes permission to download a single copy of the materials for temporary use.

Any use of the content not expressly permitted by these Terms of Service is a breach of these terms and may result in termination of the license granted by this policy. This license shall automatically terminate if you violate any of these restrictions or if terminated by Kylar Wellness at any time. Upon termination, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Regarding online courses and digital content specifically, clients who purchase or access such content from Kylar Wellness are provided a similar limited, non-exclusive license intended for personal use only. Clients may not reproduce, distribute, modify, publicly display, or perform the materials without prior written consent from Kylar Wellness. Additionally, Kylar Wellness reserves the right to modify, update, or discontinue any aspect of these materials or the availability thereof at its sole discretion without prior notice. Clients are responsible for ensuring that their technological setup meets the system requirements needed to access and use the online courses and digital content effectively. Kylar Wellness disclaims any responsibility for access issues arising from the client’s hardware or software limitations or compatibility.

Payments and Refunds

When purchasing our services, you are required to provide your financial information relevant to the chosen payment method; in some cases, you may be requested to provide your credit card details. Please note that any payments made on our platform will be processed by Stripe. As such, we will not be responsible for processing or retaining any of your financial information. Stripe will handle all of your financial information per their respective Terms of Service, and you agree to comply with such Terms of Service.

All transactions made on Kylar Wellness for services or online course enrollments are final and non-refundable, except as required by law or outlined explicitly in this policy. A grace period of 24 hours from the time of purchase is available for online courses, during which a user may cancel their enrollment and receive a full refund. Beyond this period, and unless otherwise required by local laws, no refunds will be issued. However, Kylar Wellness may, at its discretion, consider requests for refunds or service credits under exceptional circumstances, such as severe illness or other significant personal emergencies. The decision by Kylar Wellness regarding the issuance of refunds or credits in such exceptional cases shall be final and binding.

Service Booking and Cancellations

Users can book appointments for massage therapy, life coaching, and wellness consultations directly through the Kylar Wellness website. When scheduling an appointment, users must provide accurate and complete personal information as required by the booking form. Kylar Wellness reserves the right to refuse or cancel bookings that are based on incomplete or incorrect information. To accommodate changes in clients’ schedules, appointments may be rescheduled up to 24 hours prior to the initial booking time. Cancellations or attempts to reschedule within 24 hours of the appointment time may result in the inability to reschedule and forfeiture of any booking fees paid.

Disclaimer and Limitations of Liability

The website of Kylar Wellness and all materials contained therein are provided on an “as is” and “as available” basis. Kylar Wellness makes no representations or warranties of any kind, either express or implied, as to the operation of its website or the information, content, materials, or products included on its site. To the full extent permissible by applicable law, Kylar Wellness disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

Kylar Wellness does not guarantee that the website, its servers, or email sent from Kylar Wellness are free of viruses or other harmful components. Kylar Wellness will not be liable for any damages of any kind arising from the use of its website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. This includes, without limitation, damages for loss of use, data, income or profit, loss of or damage to property, and claims of third parties.

In no event will Kylar Wellness, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any loss or damage of any kind arising from your use of the site or any content, information, materials, or services procured using the site, or for any other claim related in any way to your use of the site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility.

Furthermore, Kylar Wellness is not liable for any personal injury, including death, caused by your use or misuse of the site or the content. Any claims arising in connection with your use of the site, any content, or the services provided by Kylar Wellness must be brought within one (1) year of the date of the event giving rise to such action.

Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Kylar Wellness’s liability in such jurisdictions shall be limited to the extent permitted by law.

Accuracy of Materials

The content displayed on the Kylar Wellness website is intended for general informational purposes only and should not be regarded as comprehensive health, wellness, or medical advice. Kylar Wellness endeavors to keep the information up to date and correct but does not make any representations, warranties, or guarantees, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the website content or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is strictly at your own risk. We strongly advise consulting with a professional or seeking secondary sources of information before making decisions based on the content found on our site. This is particularly vital for decisions related to health and wellness, where individual conditions may require tailored advice from health professionals.

Kylar Wellness reserves the right to make modifications to the content on this site at any time without prior notice. Changes to the website may be made periodically and without further notice in an effort to improve the services or due to updates in the field. It is your responsibility to monitor such changes and ensure that any information or content considered in decision-making processes is current and accurate.

Additional Tools

Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an ‘as is’ basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Kylar Wellness has the right to offer new third-party tools in the future.

Links

Kylar Wellness has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Kylar Wellness of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Inaccuracies and Mistakes

Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website. 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Entire Agreement

These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Oregon. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.