User Rights & Obligations

Terms and Conditions
 
Agreement between User and https://www.bewell365.com
Welcome to https://www.bewell365.com. The https://www.bewell365.com website (the "Site") is 
comprised of various web pages operated by The Wellness Collaboration, LLC ("BeWell365"). 
https://www.bewell365.com is offered to you conditioned on your acceptance without 
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of 
https://www.bewell365.com constitutes your agreement to all such Terms. Please read these terms 
carefully, and keep a copy of them for your reference. 
 
https://www.bewell365.com is an E-Commerce Site. 
 
BeWell365 is owned and operated by a licensed dietitian, governed by the laws, regulations, and 
scope of practice of the State of Texas. We provide medical nutrition therapy consulting services 
and the sale of lifestyle change eClasses and eBooks to enable and empower customers to make 
healthy lifestyle changes to enhance their quality of life. We provide a Blog on common nutritional, 
physical and emotional issues related to lifestyle change. We provide a variety of supporting 
educational handouts. We provide links to credible resources for additional education and 
information. 
 
Privacy
Your use of https://www.bewell365.com is subject to BeWell365's Privacy Policy. Please review 
our Privacy Policy, which also governs the Site and informs users of our data collection practices. 
 
Electronic Communications
Visiting https://www.bewell365.com or sending emails to BeWell365 constitutes electronic 
communications. You consent to receive electronic communications and you agree that all 
agreements, notices, disclosures and other communications that we provide to you electronically, 
via email and on the Site, satisfy any legal requirement that such communications be in writing. 
 
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and 
password and for restricting access to your computer, and you agree to accept responsibility for 
all activities that occur under your account or password. You may not assign or otherwise transfer 
your account to any other person or entity. You acknowledge that BeWell365 is not responsible 
for third party access to your account that results from theft or misappropriation of your account. 
BeWell365 and its associates reserve the right to refuse or cancel service, terminate accounts, or 
remove or edit content in our sole discretion. 
 
Children Under Thirteen
BeWell365 does not knowingly collect, either online or offline, personal information from persons 
under the age of thirteen. If you are under 18, you may use https://www.bewell365.com only with 
permission of a parent or guardian. 

Cancellation/Refund Policy
You may cancel your subscription/enrollment at any time. If you are not 100% satisfied with a 
service purchase, a full refund will be issued within 7 days of the purchase date of the service. If 
you are not 100% satisfied with a product purchase, a full refund will be issued within 30 days of 
the purchase date of the product. Access to any virtual products will be immediately disabled upon 
request of a refund. Please contact us at support@bewell365.com with any questions or to 
request a refund. 
 
Links to Third Party Sites/Third Party Services
https://www.bewell365.com may contain links to other websites ("Linked Sites"). The Linked 
Sites are not under the control of BeWell365 and BeWell365 is not responsible for the contents of 
any Linked Site, including without limitation any link contained in a Linked Site, or any changes or 
updates to a Linked Site. BeWell365 is providing these links to you only as a convenience, and the 
inclusion of any link does not imply endorsement by BeWell365 of the site or any association with 
its operators. 
 
Certain services made available via https://www.bewell365.com are delivered by third party sites 
and organizations. By using any product, service or functionality originating from the 
https://www.bewell365.com domain, you hereby acknowledge and consent that BeWell365 may 
share such information and data with any third party with whom BeWell365 has a contractual 
relationship to provide the requested product, service or functionality on behalf of 
https://www.bewell365.com users and customers. 
 
No Unlawful or Prohibited Use/Intellectual Property 
You are granted a non-exclusive, non-transferable, revocable license to access and use 
https://www.bewell365.com strictly in accordance with these terms of use. As a condition of your 
use of the Site, you warrant to BeWell365 that you will not use the Site for any purpose that is 
unlawful or prohibited by these Terms. You may not use the Site in any manner which could 
damage, disable, overburden, or impair the Site or interfere with any other party's use and 
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information 
through any means not intentionally made available or provided for through the Site. 
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the 
compilation thereof, and any software used on the Site, is the property of BeWell365 or its 
suppliers and protected by copyright and other laws that protect intellectual property and 
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, 
legends or other restrictions contained in any such content and will not make any changes thereto. 
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create 
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. 
BeWell365 content is not for resale. Your use of the Site does not entitle you to make any 
unauthorized use of any protected content, and in particular you will not delete or alter any 
proprietary rights or attribution notices in any content. You will use protected content solely for 
your personal use, and will make no other use of the content without the express written 
permission of BeWell365 and the copyright owner. You agree that you do not acquire any 
ownership rights in any protected content. We do not grant you any licenses, express or implied, 
to the intellectual property of BeWell365 or our licensors except as expressly authorized by these 
Terms. 
 
Third Party Accounts
You will be able to connect your BeWell365 account to third party accounts. By connecting your 
BeWell365 account to your third party account, you acknowledge and agree that you are 
consenting to the continuous release of information about you to others (in accordance with your 
privacy settings on those third party sites). If you do not want information about you to be shared 
in this manner, do not use this feature. 
 
International Users
The Service is controlled, operated and administered by BeWell365 from our offices within the 
USA. If you access the Service from a location outside the USA, you are responsible for 
compliance with all local laws. You agree that you will not use the BeWell365 Content accessed 
through https://www.bewell365.com in any country or in any manner prohibited by any applicable 
laws, restrictions or regulations. 
 
Indemnification
You agree to indemnify, defend and hold harmless BeWell365, its officers, directors, employees, 
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable 
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any 
user postings made by you, your violation of any terms of this Agreement or your violation of any 
rights of a third party, or your violation of any applicable laws, rules or regulations. BeWell365 
reserves the right, at its own cost, to assume the exclusive defense and control of any matter 
otherwise subject to indemnification by you, in which event you will fully cooperate with 
BeWell365 in asserting any available defenses. 
 
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or 
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or 
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved 
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single 
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration 
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's 
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the 
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these 
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable 
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and 
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or 
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree 
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The 
entire dispute, including the scope and enforceability of this arbitration provision shall be 
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms 
and Conditions. 
 
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class 
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE 
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S 
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY 
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH 
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE 
OTHER. Further, unless both you and BeWell365 agree otherwise, the arbitrator may not 
consolidate more than one person's claims, and may not otherwise preside over any form of a 
representative or class proceeding. 
 
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR 
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR 
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE 
INFORMATION HEREIN. THE WELLNESS COLLABORATION, LLC AND/OR ITS 
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY 
TIME. 
 
THE WELLNESS COLLABORATION, LLC AND/OR ITS SUPPLIERS MAKE NO 
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, 
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, 
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY 
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL 
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED 
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF 
ANY KIND. THE WELLNESS COLLABORATION, LLC AND/OR ITS SUPPLIERS 
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS 
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, 
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. 
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT 
SHALL THE WELLNESS COLLABORATION, LLC AND/OR ITS SUPPLIERS BE 
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, 
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, 
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR 
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE 
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE 
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND 
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING 
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, 
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE WELLNESS 
COLLABORATION, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE 
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT 
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL 
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF 
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO 
DISCONTINUE USING THE SITE. 
 
Termination/Access Restriction 
BeWell365 reserves the right, in its sole discretion, to terminate your access to the Site and the 
related services or any portion thereof at any time, without notice. To the maximum extent 
permitted by law, this agreement is governed by the laws of the State of Texas and you hereby 
consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or 
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give 
effect to all provisions of these Terms, including, without limitation, this section. 
 
You agree that no joint venture, partnership, employment, or agency relationship exists between 
you and BeWell365 as a result of this agreement or use of the Site. BeWell365's performance of 
this agreement is subject to existing laws and legal process, and nothing contained in this agreement 
is in derogation of BeWell365's right to comply with governmental, court and law enforcement 
requests or requirements relating to your use of the Site or information provided to or gathered by 
BeWell365 with respect to such use. If any part of this agreement is determined to be invalid or 
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and 
liability limitations set forth above, then the invalid or unenforceable provision will be deemed 
superseded by a valid, enforceable provision that most closely matches the intent of the original 
provision and the remainder of the agreement shall continue in effect. 
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user 
and BeWell365 with respect to the Site and it supersedes all prior or contemporaneous 
communications and proposals, whether electronic, oral or written, between the user and 
BeWell365 with respect to the Site. A printed version of this agreement and of any notice given in 
electronic form shall be admissible in judicial or administrative proceedings based upon or relating 
to this agreement to the same extent and subject to the same conditions as other business 
documents and records originally generated and maintained in printed form. It is the express wish 
to the parties that this agreement and all related documents be written in English. 
 
Changes to Terms
BeWell365 reserves the right, in its sole discretion, to change the Terms under which 
https://www.bewell365.com is offered. The most current version of the Terms will supersede all 
previous versions. BeWell365 encourages you to periodically review the Terms to stay informed 
of our updates. 
 
Contact Us
BeWell365 welcomes your questions or comments regarding the Terms: 
 
The Wellness Collaboration, LLC 
7104 Westover Dr 
El Paso, Texas 79912 
 
 
Email Address: 
kristin@bewell365.com 
 
Telephone number: 
9155494235 
 
Effective as of December 20, 2021