Last Updated: 7/28/23

The following Terms and Conditions of Use ("Terms") are a legal agreement between you and Inspired Well Coaching ("Company," "we," or "us"). These Terms, along with our Privacy Policy, Disclaimer, and any other documents expressly referenced, govern your use of the website www.inspiredwell.org and any subdomains, including all materials, resources, information, and services provided on the Website, whether as a guest or registered user.

Your access to and use of the Website is subject to your acceptance of and compliance with these Terms. By accessing or using the Website, you agree to be bound by these Terms without modification and acknowledge that you have read and understood them. If you disagree with any part of these Terms, you may not access the Website.

Privacy Policy

Your use of the Website is also subject to our Privacy Policy [add hyperlink]. Please review our Privacy Policy as it governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.

Disclaimer

Additionally, your use of the Website is subject to our Disclaimer [add hyperlink]. Please review our Disclaimer, which outlines limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms.

No Use by Minors

To access or use the Website, you must be 18 years of age or older and have the necessary power and authority to enter into these Terms. The Website is not intended for use by children under the age of 18, and they are prohibited from using it.

Lawful Purposes

You may only use the Website for lawful purposes. You agree to be financially responsible for all purchases made through the Website by you or someone acting on your behalf. You shall use the Website and purchase services or products through it solely for legitimate, non-commercial purposes. You shall not post or transmit any material that violates or infringes the rights of others, is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, or encourages conduct that would constitute a criminal offense or violate any law.

Use of Free Downloadable Content

From time to time, we may offer resources on the Website in exchange for your email address ("Gated Content"). You are granted a limited, personal, non-exclusive, non-transferable license to use the Gated Content strictly for your personal or internal business use. You agree not to modify, edit, copy, reproduce, create derivative works of, reverse engineer, or exploit the Gated Content in any way. You shall not sell, redistribute, or create derivative works based on the Gated Content, nor offer any competing products or services based on the information contained in the Gated Content.

Material You Submit to the Website

By submitting any artwork, photos, written works, or other media (collectively, "Submissions") to the Website, you grant us, our affiliated companies, and any necessary sublicensees a worldwide, non-exclusive, irrevocable license to use your Submissions for promotional, business development, and marketing purposes. This license includes the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions and to publish your name in connection with your Submissions.

You retain all copyrights and other rights you may hold in any Submissions you submit through the Website. You shall not upload or make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner. You agree to be liable for any infringement of copyrights, trademarks, or other proprietary rights related to your Submissions. By making a Submission, you represent that you have the authority to use and distribute the Submission and that its use as contemplated will not violate any laws, rules, regulations, or rights of third parties. You also agree to hold us harmless from any claims arising from potential or actual copyright or trademark misappropriation or infringement related to your Submissions.

We may use your Submissions to improve our Website, products, or services without any obligation to compensate you. We are under no obligation to post or use any Submission you provide, and we may remove any Submission at our sole discretion. If you submit unsolicited ideas, they will be considered non-confidential, and we will not be required to acknowledge their source.

Our Intellectual Property

The Website contains intellectual property owned by us, 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 any of our intellectual property in whole or in part without our prior written consent. We reserve the right to block your access to the Website and remove you from any service if you violate this intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and its resources strictly in accordance with these Terms of Use. You agree not to use the Content for any purpose that is unlawful or prohibited by these Terms. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. All content included as part of the Content, such as text, graphics, logos, images, and software, is our property or the property of our licensors and is protected by copyright and other laws. You agree to observe all copyright and proprietary notices contained in any content. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the Content, in whole or in part.

Changed Terms

We may amend these Terms, including our Privacy Policy and Disclaimers, at any time. The date of the last revision will be indicated at the top of this page. Any such changes are effective immediately upon notice to you by us posting the new Terms on the Website. We reserve the right to update any portion of the Website, including these Terms, at any time. Your continued use of the Website after such revisions constitutes your consent to the revised Terms, Privacy Policy, and Disclaimers.

No Warranties

We make every effort to ensure that the content on this Website is free from errors. However, we do not give any warranty or assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the content and materials on this site. To the maximum extent permitted by law, we provide the Website and related information and services on an "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

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 WEBSITE OR RES

OURCES, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE. ADDITIONALLY, WE ARE 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, EVEN IF WE HAVE 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 DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM US.

No Guarantee of Availability

Your use of the Website and any associated services may sometimes be subject to interruption or delay. We reserve the right to withdraw or amend this Website and any service or material provided on the Website in its sole discretion without notice. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that our Website or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through our Website become unavailable, interrupted, or delayed for any reason. From time to time, we may restrict access to some parts of the Website or the entire Website to users, including registered users.

Information provided on the Website and any resources provided on or available for download from the Website is subject to change. We make no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the information provided.

Malicious Code

Although we endeavor to prevent the introduction of viruses or other malicious code ("malicious code") to our Website, we do not guarantee or warrant that our Website or any data available on the Website is free from malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you employ for accessing our Website does not expose your computer system to the risk of interference or damage from malicious code.

Security

The security of your contact information is of utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access to this Website or any outbound hyperlinks.

Third-Party Resources

The Website may contain links to external websites that are not provided by, maintained by, or in any way affiliated with us. We do not guarantee and are not responsible for the availability, accuracy, relevance, timeliness, or completeness of these external websites or any information thereon. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

We may, from time to time, provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. We do not control the information provided by such third-party guests, are not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Indemnification

You agree to 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 attorney's fees, arising out of your breach of any of these Terms, your use of the Website, its content, and any product or service purchased from the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including providing us with information and documents.

Effect of Headings; Severability

The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

Entire Agreement; Waiver

These Terms, along with the Privacy Policy and Disclaimers, constitute the entire agreement between us pertaining to the Website and supersede all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing.

Governing Law; Jurisdiction

These Terms, including the Privacy Policy and Disclaimers, shall be construed in accordance with, and governed by, the laws of the State of Kansas. The courts of Kansas shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. By accessing the Website, you agree that any proceeding relating to its use must be filed exclusively in the appropriate courts located in Sedgwick County, Kansas, and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

Alternative Dispute Resolution

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms through mediation. Their good-faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

All Rights Reserved

All rights not expressly granted in these Terms are reserved by us. If your intended usage scenario is not covered in these Terms, please contact us at [email protected].

Contact Information

The owner of this Website is Inspired Well Coaching. You may contact us at [email protected] or by mail at Registered Agents Inc. 4601 E Douglas STE 150 Wichita, Ks 67218. We are available to answer any questions or address concerns you may have regarding these Terms or the use of our Website.