$329.00 USD

Everwell

Online Course - Terms of Use 

Last Updated November 1, 2020

 

Terms of Use

 

PLEASE READ THESE TERMS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IF MEDIATION IS NOT EFFECTIVE (SECTION [24]), AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION (SECTION [25]). 

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE EVERWELL, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

  1. Welcome to Everwell! These terms of use (“Terms”) apply to the purchase of online courses and course material through www.theeverwell.com (the “Site”). We/us/our means The Everwell Community LLC or “Everwell.” You/your/yours means you and individual user of Everwell services. The Terms are subject to change by Everwell without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. If you have any questions about these Terms, please contact us at connect [at] theeverwell [dot] com.  

 

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section [6]).

 

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

  1. Description of Services. Everwell may provide you with online courses whereby you participate and learn remotely (“Online Courses”) using certain information and electronic materials  provided by Everwell (“Course Materials”) together with other such services as agreed to and purchased by you (collectively, “Services”) for the sole purpose of completing the Online Course. 

 

The exact Services you receive will depend on your purchase, the Services available, and additional features and Services selected by you, which may be subject to additional payment requirements, guidelines, terms, conditions and/or rules (“Additional Terms”).“Services” do not include the provision of any third party offerings (“Third Party Services”) that you may elect to purchase in connection with your Everwell purchase. Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers. These Third Party Service Providers’ terms and conditions will control with respect to the relevant Third Party Services. Should you have any complaint or cause of action that arises in connection with any Third Party Service Provider, you agree to pursue that independent of and without recourse to us. We will not be responsible for Third Party Service Providers’ terms and conditions, nor will we be liable for their offerings or services. Some features of the Services may be subject to Additional Terms, which will be posted with those features or otherwise communicated to you. We will consider your use of those features your acceptance of the applicable Additional Terms, and those Additional Terms will be incorporated in these Terms by this reference.



  1. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

(b)We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

 

(c)Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

 

(d) Refunds and Cancellations. All purchases are non-refundable.

 

  1. Shipments; Delivery; Title and Risk of Loss.

 

(a)We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

 

(b)Title and risk of loss pass to you upon [our transfer of the products to the carrier/delivery]. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments]

 

  1. Reservation of Rights in regards to Services & Terms. We reserve the right to change the availability and scope of the Services, including the scope of benefits we offer in relation to Third Party Services from time to time in our sole discretion. 

 

  1. Privacy. Your privacy is important to us. Our Privacy Policy, [https://theeverwell.com/privacy-policy], governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

  1. Service Restrictions. Your Everwell purchase is specific to you. You cannot add additional members to your account or share your account credentials, access or password with any other individual. 
  2. Intellectual Property. 

(a) All Intellectual Property and Content in the Services are, and remain, the intellectual property of Everwell. You agree that you will not directly or indirectly capture, copy, modify, reproduce, record on video or audio, re-publish, post, sub-license, sell, upload, or distribute or otherwise take any information or intellectual property belonging to Everwell, including without limitation the Services, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade names, trade dress, other identifiers or other intellectual property or modified or altered versions of the same. If you fail to comply, your use of and participation in any of the Services will be terminated immediately and without notice. 

(b) Third Party Material: Under no circumstances will Everwell be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Everwell does not pre-screen content, but that Everwell and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Everwell and its designees will have the right to remove any content that violates these Terms or is deemed by Everwell, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

(c) Copyright Complaints: Everwell respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Everwell of your infringement claim in accordance with the procedure set forth below.

To be effective, the notification must be in writing sent to the address in Section [Notice] and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may locate it; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

  1. Technology Use & Privacy Related to the Services. In order to use certain aspects of the Services, you may need to use an application or download a digital program onto a digital device, including computer, tablet, mobile phone or other electronic equipment that allows you access to the Services. You acknowledge that while we do our best to provide technical support and maintain all aspects of the Services in good working condition, we will not be responsible for any errors, damage, liability or other risks that arise from your use of technology in relation to the Services. We do not offer any verbal or written warranty, either express or implied, regarding the success of software, technical support or any device. 

 

  1. Advertising. In using Everwell’s services, you may encounter advertisements from Third Party Service Providers and other of our business partners, which may be targeted to you based upon your use of the Services or information that you provide or that we collect. In consideration for us granting you access to and use of the Services; you agree that we and Third Party Service Providers may provide you with such advertising from time to time. 

 

  1. Endorsements and Testimonials. We may publish endorsements and testimonials related to our Services, Offerings or Premises. These endorsements and testimonials are the subjective opinions of those offering them, and we neither verify them nor make any claim that any experience or results are typical. We make no guarantees as to experience, average results, or any results or outcomes related to your use of any Services information or offerings we provide. We make no warranty or representations as to the accuracy of endorsements or testimonials provided to us or any other statements made by members or users of our Services. You agree that you understand that any endorsements, testimonials or examples provided do not in any way guarantee that you will achieve the same or similar level of results, including income, and that past results do not reflect the average results. 

 

  1. Disclaimer of Warranties. 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 



  1. Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall Everwell, its agents, officers, directors, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Everwell, and even if Everwell has been advised of the possibility of such damages. 

 

  1. Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), in no event will your exclusive remedy and Everwell’s aggregate liability to you or any third party in any matter arising from, relating to or connected with our Service or these terms exceed the sum of the amount you paid for the Services. The foregoing limitations, exclusions and disclaimers (including sections 17 & 18 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the limitations of this or the foregoing sections may not apply to you.

 

  1. Indemnification. You release, and hereby agree to indemnify, defend and hold harmless Everwell and Everwell’s agents, officers, directors, shareholders, managers, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, damages losses, harm, costs, and expenses, including legal fees and expenses or any other detriment incurred by you based upon or arising out of your breach of this Agreement the applicable Terms, or your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Everwell or its respective officers and agents in connection with the defense of such claim or lawsuit.



  1. Termination & Reservation of Rights. Everwell reserves the right to remove you from the Services at any time, including for a breach of this contract, an act of misfeasance against the Company, a representative of the company, or other inappropriate action. Such a determination shall be made solely by Company and you agree that your payment shall be forfeited; however in all circumstances related to this provision, your exclusive remedy in such a scenario will be limited to the refund of any amount paid for future services. You will not be entitled to a refund of any Services that have already been purchased. 

If you fail to comply with these Terms or any other additional terms or requirements (including payment) related to the Services, your use of and participation in any of the Services will be terminated immediately and without notice. 



  1. Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. 



  1. Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default.  The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.



  1. Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to Everwell, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity. 



  1. Governing Law. This Agreement and the applicable Terms, and any action related thereto, shall be governed by the laws of the state of Connecticut and the United States without regard to conflicts of laws provisions thereof. The Parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Fairfield County, Connecticut. 



  1. Dispute Resolution and Binding Arbitration. In the event of a dispute arising under or relating to this Agreement, either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Stamford, Connecticut, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Fairfield County, Connecticut may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Stamford, Connecticut. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief. 



  1. Class Action Waiver.  You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the fullest extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 

 

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

  1. Notices.

 

(a)To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

(b)To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to The Everwell Community, LLC, 19 Old Kings Highway South, Suite 310, Darien, CT 06820. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

Entire Agreement. [Our order confirmation, t]/[T]hese Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

 

Everwell / The Everwell Community, LLC, 19 Old Kings Highway South, Suite 310, Darien, CT 06820

 

© 2019 by Everwell / The Legal Website Warrior. (www.LegalWebsiteWarrior.com). All Rights Reserved. DO NOT DUPLICATE THIS AGREEMENT AND THE TERMS AND CONDITIONS THEREIN. 






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What's Next? with Lindsay Hurty (Members) + 1 Hour of Consulting with Lindsay

Are you a full-time Family CEO?

Are you fulfilled? 

Sometimes, do you also daydream about what’s next for you?

Wondering if you can be a fulfilled mom AND fulfilled in your career?

If you answered with four yeses, read on. 

Wondering what’s next is a sign that you are very much alive. 

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You’re in the space where you can imagine, look inward, play and design.

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What if you are meant for a revised version of your life? One that involves your ideal balance between active parenting and professional growth.

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Through this online course, Mama, I will guide and support you, as you look inward, then design a realistic and individualized path forward, while determining the excuses and barriers before you, so that you can ultimately re-enter your career by stepping with intention, all while you inhabit and nurture your experience of motherhood.

No big decisions yet. Just one small step to acknowledge that you’re giving yourself permission to imagine what’s next. 

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