IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Kaleidoscope Wellness (“Company” or “we”, “our”, or “us”) owns or controls, and provides access to, KScopeWellness.com and related websites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through KScopeWellness.com and that link to these TERMS (collectively, “Web Site”). THESE TERMS GOVERN YOUR USE OF THE WEB SITE. These TERMS only apply to the Web Site, and not to any other web site or any offline activities by Company (unless specifically stated). You agree to these TERMS by accessing or using the Web Site, registering for services offered on the Web Site, or by accepting, uploading, submitting or downloading any information or content from or to the Web Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEB SITE.
The information and content on Kaleidoscope Wellness Web Site or provided by email is not intended to replace an individual relationship with a qualified health care professional and is not intended as medical advice. Antoinette Bodeau and Kaleidoscope Wellness encourage you to continue visiting with and being treated by your primary care physician or health care provider. Only a Licensed Medical Professional can diagnose certain ailments and prescribe treatments and medications for you. Do not ignore or delay seeking medical advice or treatment because of any information obtained from Kaleidoscope Wellness. Consult your own Medical Professional regarding all nutritional supplements to evaluate if the supplements could adversely affect or react with any medications or pre-existing conditions. Stop any food or supplement immediately if you have any type of adverse reaction. Antoinette Bodeau and Kaleidoscope Wellness are not acting in the capacity of a doctor, licensed dietician, psychologist or any other licensed/registered professional. Antoinette Bodeau and Kaleidoscope Wellness will not diagnose, treat, or cure in any manner, any disease, condition, or other physical or mental human ailment. By entering your email address you are also requesting and agreeing to subscribe to Kaleidoscope Wellness e-newsletter and shared information, to which the above disclaimer also applies.
Antoinette Bodeau and Kaleidoscope Wellness expressly disclaims any responsibility or liability for any damages caused by a user’s reliance on any information contained or obtained via the Kaleidoscope Wellness web site or emails. Kaleidoscope Wellness expressly disclaims all warranties, express or implied, of any kind with respect to the web site or its emails, including but not limited to merchantability and fitness for a particular purpose. Kaleidoscope Wellness makes no representations or warranties, either express or implied, of any kind with respect to the information and content included on the Kaleidoscope Wellness web site. You agree that Kaleidoscope Wellness, its directors, officers, employees or other representatives shall not be liable for damages arising from the information and content viewed and obtained via Kaleidoscope Wellness. You agree that this limitation of liability is comprehensive and applies to personal injuries and all damages of any kind, including without limitation direct, indirect, incidental, general, special, punitive, compensatory and consequential damages.
ACCEPTANCE OF TERMS
Your use of the Web Site is subject to these TERMS, which may be updated by us from time to time without notice to you. It is important for you to refer to these TERMS from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TERMS. Your use of the Web Site constitutes your acceptance of these TERMS.
DESCRIPTION OF WEB SITE SERVICE
The Site is available to individuals seeking information concerning Antoinette Bodeau, Kaleidoscope Wellness and its business operations. Nothing on the Site is, or should be construed as, a recommendation for a specific treatment regime or a substitute for the advice of a healthcare professional.
INTELLECTUAL PROPERTY OWNERSHIP; LICENSE; COPYRIGHT
“Kaleidoscope Wellness” and all logos, page headers, custom graphics and icons are trademarks and/or service marks owned by Kaleidoscope Wellness. All other trademarks, product names, and company names and logos appearing on our web site are the property of their respective owners.
The past, present and future Web Site content, including, but not limited to, materials, logos, copy, graphics, text, logos, images, audio, video, source code, domain names, trade names, service marks, and any and all copywritable material are the property of Kaleidoscope Wellness or its licensors and are protected by U.S. and international copyright, trademark and/or other intellectual property rights laws. Except to the minimum extent otherwise expressly permitted under this Agreement, you may not copy or exploit materials used in conjunction with the Site without the express written approval of Kaleidoscope Wellness. You may not remove, alter, obscure or obliterate any proprietary notices, such as copyright and trademark notices, contained in this Site.
TRANSACTIONS
Certain physical and e-products may be offered for sale on our Web Site. In the event you wish to purchase or to subscribe for any of these Products or Services, you will be asked by our web site or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our Web Site or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the e-product. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some services offered by our Web Site are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. We agree that we will notify you when, and if, we decide to terminate your account.
Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged. Our merchant account will attempt to charge your card a maximum of 3 times. After the 3rd attempt, we will email you for a new credit card number. If you do not provide a new number, we reserve the right to disable your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
In the event you elect to terminate your membership you can email us via our Contact Page.
Terminations are not retroactive. If you terminate your membership after your membership period has begun, you may be entitled to a refund for the unexpired portion of that membership period, less any applicable minimum charges. You may still be obligated to pay for other charges incurred. If you have an outstanding balance due on any subscription account, you hereby agree that we may charge these unpaid fees to your credit card.
ACCEPTABLE USE
Any conduct by you on our Web Site that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Web Site will not be permitted. You agree to use our Web Site only for lawful purposes.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Web Site, use of our Web Site, or access to our Web Site. You agree not to access our Web Site by any means other than through the interface provided by us for use in accessing our Web Site. You understand that the robots.txt file is the only means by which robots are authorized to access our Web Site. You agree not to violate any of the robot access policies.
You agree to not reproduce and/or use the information on our Web Site without permission.
Any threat or suggestion to commit suicide will be reported to the proper authorities and the posting will be removed from the Community boards. If you are in need of someone to talk with, call the National Crisis/Suicide Hotline at 1 (800) 273-8255. If you are in immediate danger, call 911!
EMAIL/NEWSLETTER
To keep you informed about our latest news, blogs, recipes, developments, or new additions to the Whole Journey website we may notify you via email. You may unsubscribe from our mailing list by following the unsubscribe instructions of any email you receive from us. You will only receive emails from us if you elected to do so. We do not share, sell or trade email address.
TESTIMONIALS
Notice about testimonials or emails from readers: testimonials and emails from readers are all true, reflect the opinions and experiences of real users of Antoinette Bodeau and Kaleidoscope Wellness services and products, and are submitted to Kaleidoscope Wellness voluntarily by customers.
If you would like to submit a testimonial or email to Kaleidoscope Wellness, you agree that it becomes the exclusive property of Kaleidoscope Wellness, which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence. Some customers that have submitted testimonials may have received a Kaleidoscope Wellness service as a “thank you” in appreciation for the time they invested to write or record their testimonials.
JURISDICTION AND VENUE
You waive all rights to trial by jury in any action or proceeding instituted in connection with these TERMS and/or the Web Site. Any controversy or claim arising out of or relating to these TERMS and/or the Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of Escondido, County of San Diego, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 18 of these TERMS and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Escondido, County of San Diego. You waive the defense of forum non conveniens.
MISCELLANEOUS
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Web Site and the Content, including, without limitation, those governing your transmission or use of any software or data. These TERMS and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Site, the Content and Your Upload Information and supersedes any and all other prior written or oral agreements between them. The section titles in these TERMS are for your convenience only and do not have any legal or contractual effect. You agree that these TERMS will not be construed against Company by virtue of having drafted these TERMS. If any provision of these TERMS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these TERMS. No waiver on the part of Antoinette Bodeau and Kaleidoscope Wellness of any of these TERMS will be of any force or effect unless made in writing and signed by a duly authorized officer of Kaleidoscope Wellness.
TERMINATION
You understand and agree that Kaleidoscope Wellness will determine your compliance with these TERMS in its sole discretion. Kaleidoscope Wellness reserves the right to deny access to all or part of the Web Site and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TERMS may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Kaleidoscope Wellness, you must destroy all materials obtained from this Web Site and all related documentation.
These terms of service were last updated on January 21st, 2015.
