These Terms and Conditions ("Agreement" or “Terms”) govern the use of the website, services, and products offered by Vivek Wellness (referred to as "the Company", "we", "us", "our", or “I”). By accessing or using our website (and any related components, pages, sub-pages, pop-up pages, tabs, forms, content, services, or products; collectively referred to as “Website” or "Services"), you agree to comply with the terms outlined in this Agreement.

Welcome to Vivek Wellness! We are glad you're here. Please take a moment to review these terms and conditions carefully before engaging with our website or any of our offered services, as they set forth the guidelines, obligations, and limitations for using the Website, downloading or accessing any of our content, and purchasing or utilizing any products, programs, or services we provide. If you do not agree with any part of the Terms and Conditions, please stop using the Website immediately. By continuing to use the Website, you are agreeing to the terms outlined in these Terms and Conditions.

Ownership of Content

All content available on the Website, including, but not limited to, e-books, blogs, social media posts, webinars, videos, workshops, forms, guides, worksheets, and other educational materials (collectively referred to as "Content"), is the exclusive property of the Company. Except as specified under "Licenses and Rights", these terms apply to all content, products, programs, services, and offers available through the Website, including any paid offerings such as coaching services, courses, assessments, and other professional services.

Age Requirement

By accessing, viewing, or using the Website, you confirm that you are at least 18 years of age. If you are under 18, you must cease use of the Website and its Services immediately.

Proper Use of the Website

When using the Website or engaging with our Services, you agree to refrain from:

1. Posting or sharing any content that could be harmful, offensive, or inappropriate, including spam, unsolicited promotions, hate speech, or offensive behavior.

2. Sharing your login credentials or allowing unauthorized access to your account.

3. Uploading or distributing any materials that violate intellectual property rights or the rights of others, including copyrighted images, text, or media.

4. Sharing or distributing our Content, programs, or services with others who have not individually purchased, subscribed, or opted into them.

5. Failing to protect your account login information and ensuring that it remains secure.

6. Creating an account under a false identity or using the Website and its offerings in any illegal or deceptive way.

7. Sharing, transmitting, or downloading content in a manner that violates our intellectual property rights as outlined in the "Intellectual Property Rights" section.

Intellectual Property Rights

All Content and materials provided by the Company, including website design, text, graphics, videos, and proprietary tools, are protected by intellectual property laws, including copyrights, trademarks, and patents. These rights are owned exclusively by the Company, and unauthorized use is prohibited.

The Company grants you a limited, revocable, non-exclusive, non-transferable license to use the Content and Services for personal, non-commercial use. This license is subject to your compliance with these Terms and Conditions.

User-Generated Content

If you post, upload, or submit any content to the Website, such as comments, testimonials, images, or videos (collectively referred to as "User Content"), you confirm that you own such content or have the right to grant us permission to use it. By submitting User Content, you grant the Company an irrevocable, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display the content for any lawful business purpose.

The Company reserves the right to use your name, social media handle, or other identifiers when using your User Content in promotional materials or content produced by the Company.

Permission for External Use

If you wish to share, distribute, or use our Content, Products, or Services for commercial purposes, or in any manner other than personal use as outlined above, you must obtain our express written consent. Please contact us at [your email address] for approval. Unauthorized use, including falsely implying an affiliation with the Company, is strictly prohibited.

Termination of Access

We reserve the right to suspend or terminate your access to the Website and any of our Services without notice if we believe you have violated these Terms and Conditions or engaged in behavior that we deem harmful or unlawful. In such cases, no refunds will be issued.

Dispute Resolution

Any disputes arising from the use of the Website, its Content, or Services will be governed by the laws of [Your Jurisdiction], and any disputes will be resolved through binding arbitration. By using the Website, you waive your right to a trial by jury.

Disclaimer

The content, programs, services, offerings, and products provided by the Company are solely intended for informational and inspirational purposes as self-help tools. They are not to be construed as professional medical advice, mental health guidance, or medical nutrition therapy in any form.

We strongly recommend consulting a licensed medical professional before making any changes to your routine, including but not limited to nutrition, exercise, dietary supplementation, use of home products, devices, or personal care products. The Company is not trained or licensed to diagnose, treat, or cure any diseases, disorders, illnesses, injuries, or conditions. None of the content, programs, services, offerings, or products should be regarded as a substitute for medical advice, prescriptions, disease diagnosis, prevention, or treatment. By using, downloading, accessing, purchasing, or viewing any of our content, programs, services, offerings, or products, you acknowledge and agree that our offerings are not to be taken as professional medical advice. Additionally, you should not delay seeking medical attention or treatment based on any content, programs, services, offerings, or products provided by the Company. We make no claims regarding the provision of professional financial, accounting, or legal advice through our content, programs, services, or offerings.

Technology Disclaimer

We aim to provide consistent access to our Content, Programs, Services, Products, and any associated member forums or social media channels. However, technical issues, scheduled maintenance, or other unforeseen circumstances may cause temporary disruptions or delays in availability. These issues may arise due to factors beyond our control, including third-party service providers. By using our offerings, you agree that we are not liable for any damages, costs, losses, or refunds resulting from interruptions to your access to our Content, Programs, Services, Products, or related channels.

Termination of Access

If you violate any terms of this Agreement, including these Terms and Conditions or our Privacy Policy, the Company reserves the right to terminate your access to any of our content, programs, services, offerings, and products without notice.

Links to Other Websites

Our website may contain links to third-party websites, blogs, or product pages. These third-party sites may have different terms and conditions and privacy policies than those of the Company. Your use of third-party content, products, or services will be governed by the terms and policies of those third parties, not the Company. We are not responsible for any harm you may incur through your interaction with any third-party site. We encourage you to carefully read the terms and privacy policies of any third-party sites you visit.

Third Party Applications

To enhance our services, the Company contracts with third parties for certain functions related to the content, programs, services, offerings, and products we provide ("Third Party Applications"). These third parties may handle tasks such as hosting, payment processing, and email communications. By using our content, programs, services, offerings, and products, you agree to indemnify and hold harmless the Company for any risks or liabilities related to the use of Third Party Applications. You also acknowledge that you are subject to the terms and conditions of the third-party providers.

Affiliate and Sponsored Arrangements or Endorsements 

Our Website, Content, Programs, Services, Offerings, and/or Products may include links to, or offer discount or referral codes for, third-party products, services, brands, companies, coaches, practitioners, and/or websites with whom we have affiliate, endorsement, or partnership agreements. These agreements may result in us receiving compensation, commissions, product credits, or other forms of payment if you make a purchase or use the provided codes (collectively referred to as "Affiliate Relationships").

Additionally, from time to time, we may create or share sponsored content (e.g., blog posts, social media posts, etc.) for third-party brands, companies, coaches, practitioners, and/or service providers in exchange for compensation, product credits, or other payments (referred to as "Sponsored Relationships"). Any sponsored content will be clearly marked as such, including the identity of the sponsor.

We carefully select Affiliate and Sponsored Relationships based on their relevance and potential value to our audience. However, these relationships do not imply an endorsement or specific support for any particular product, service, brand, company, coach, practitioner, or service provider. It is your responsibility to independently assess whether any product, service, or provider with which we have an Affiliate or Sponsored Relationship is suitable for your needs. We do not make any representations or warranties regarding the quality, safety, effectiveness, or appropriateness of any such products or services.

We are not liable for any issues or outcomes that may arise from your decision to use or purchase products or services linked through our Affiliate or Sponsored Relationships. Should you decide to engage with or purchase from any third-party provider, you are bound by their terms and conditions, as well as their privacy policies.

We greatly appreciate your support through these arrangements, as it helps us continue to provide valuable content, services, and offerings to our community.

Errors and Omissions

While we strive to provide accurate, reliable, and up-to-date information in our Content, Programs, Services, Offerings, and Products, we cannot guarantee that there will be no errors, omissions, or inaccuracies. The Company does not make any representations or warranties that our Content is error-free or applicable to your specific situation. By using our Content, Programs, Services, Offerings, and/or Products, you acknowledge and agree that the Company is not responsible or liable for any losses or damages caused by errors or omissions in the information provided.

Testimonials; Claims of Results

Our Website, Content, Programs, Services, Offerings, and/or Products may feature testimonials from past or current customers, clients, users, or followers, which are intended to share their experiences with our offerings. Please note that these testimonials reflect individual experiences and results, which can vary greatly depending on each person's unique health history and circumstances. You should always consider your own situation and consult with your licensed healthcare provider before making any changes based on our Content, Programs, Services, Offerings, and/or Products. You understand and agree that the results shared in any testimonial are not guaranteed, and they are provided for illustrative purposes only, meaning your results may differ.

No Warranties

You understand and agree that our Content, Programs, Services, Offerings, and Products are provided "as is," without any express or implied warranties. All warranties, including implied warranties of merchantability or fitness for a particular purpose, are specifically disclaimed. Your use of our offerings is at your own risk.

Refund Policy

Refunds for individual follow-up sessions are available if canceled up to 24 hours in advance. Cancellations within 24 hours will receive a 50% refund, and no refunds are provided for “no-shows.” For Discovery Packages, if you opt out before completion, you are responsible for any services already provided, plus a $100 early termination fee. Monthly memberships require payment for a total of 12 months if canceled within the first year; cancellations after 12 months will result in a refund for the last month of service if no Follow-up Session was conducted during the last month of service. If you are late to an appointment, no refund will be issued, but time permitting, you will receive the full time allotted for your session. If I am late, you will receive the full time allotted for your session. All refunds are processed within 30 days to your original payment method.

Payment Plan Policy

If you opt for a payment plan for any content, programs, services, offerings, or products, you authorize the Company and any third-party payment processors to charge your card according to the terms of the plan.

Payment Collection Policy

If you fail to make timely payments, you will be responsible for any costs incurred in the collection of the overdue amounts, including attorney’s fees and interest, as permitted by law. The Company reserves the right to suspend services and access to content, programs, services, and offerings until payment is made in full.

Chargebacks

Before initiating a chargeback request with your financial institution, we ask that you attempt to resolve any refund or dispute issues directly with us. If you initiate a chargeback without attempting to resolve the issue with us, you agree to forfeit access to the relevant content and offerings. We reserve the right to dispute fraudulent chargebacks.

Limitation of Liability and Assumption of Risk

You agree to hold the Company and its affiliates harmless for any claims arising from your use of our content, programs, services, offerings, and products. In no event shall the Company be liable for any indirect, special, or consequential damages. You accept all risks associated with the use of our offerings.

Indemnification and Release of Claims

You agree to indemnify and hold the Company harmless from any claims, losses, damages, liabilities, and costs arising from your use of our content, programs, services, offerings, and products.

All Rights Reserved

All rights not expressly granted in these Terms and Conditions, our Disclaimer, or our Privacy Policy are reserved by the Company.

Applicable Law; Jurisdiction

This Agreement shall be governed by the laws of the State of California. You consent to the jurisdiction of courts in Los Angeles County, California, for any legal matters not resolved through arbitration.

Entire Agreement; Severability

These Terms and Conditions, along with our Privacy Policy and Disclaimer, constitute the entire agreement between you and the Company. If any provision is found to be invalid, the remaining provisions will remain in effect.

Changes to the Terms and Conditions

We reserve the right to make changes to the Terms and Conditions at any time and without notice to you.. Any changes will be posted on the website, and the date of the last update will be indicated. Your continued use of the Website constitutes acceptance of any revised terms.

Dispute Resolution; Arbitration; Waiver of Jury Trial

If you have a dispute with the Company, you agree to first attempt to resolve it through good faith negotiations. If unresolved, any dispute will be resolved through binding arbitration in Los Angeles, California, under the rules of the American Arbitration Association. You waive your right to a jury trial. To the fullest extent permitted by applicable law, you and the Company agree to abide by the following rules: 1) The arbitration shall be confidential, and neither you nor the Company may disclose the existence, rules or content of any such arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; 2) The arbitrator may award any individual relief or individual remedies that are permitted by applicable law, provided that your award shall not be limited to a return of fees paid to Company and shall not include the ability to recover any consequential, special, indirect, or punitive damages; and 3) The prevailing party shall be entitled to recover its reasonable attorney’s fees, costs, and other expenses.

Privacy Policy and Disclaimer

Please read our Privacy Policy and our Disclaimer before using, downloading, accessing, purchasing, or viewing our Content, Programs, Services, Offerings, and/or Products. 

Contact Us Regarding the Terms and Conditions

We welcome any questions or feedback you have on our Terms and Conditions, Privacy Policy, and Disclaimer. Please contact us at: vivek@vivekwellness.com

Vivek Wellness

www.vivekwellness.com

Los Angeles, CA

Updated on March 11, 2025

By accessing and using Vivek Wellness website, programs, products, and services, you acknowledge and accept all the terms and conditions outlined above.