Terms of Use
Welcome to www.joulewellbeing.com! By accessing or using our website (the “Website”), you acknowledge that you have carefully read, understood, and agree to be bound by these Terms of Use (the “Terms”), which incorporate by reference our Privacy Policy located at www.joulewellbeing.com/privacy. These Terms govern your use of the Website, including all features, services, and content provided through it. By using the Website, you agree to comply with and be legally bound by these Terms.Cca
It is your responsibility to regularly review these Terms before using the Website, as they may change over time. If you do not agree with these Terms, or if you have any questions or concerns about them, you should stop using the Website immediately and contact us at joulewellbeing.com/contact for clarification. Continued use of the Website after any modifications to the Terms indicates your acceptance of the revised Terms.
Any changes or updates to these Terms will be effective immediately upon posting to the Website, unless otherwise stated. We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time, with or without notice, at our sole discretion. You are responsible for staying informed of any changes to these Terms, and continued use of the Website constitutes your acceptance of any such changes.
These Terms apply solely to the Website and the services provided through it. They do not apply to any other websites, even those linked or referenced on the Website, whether or not those websites are controlled or operated by us. For the terms of use or privacy policies of any third-party websites linked to the Website, you should refer directly to the policies of those websites. We are not responsible for the content, privacy practices, or activities of any third-party websites linked from or through the Website.
Purpose
The Website facilitates connections with health and wellness coaches to support clients in achieving their personal well-being goals. Joule Wellbeing provides coaching services focused on stress management and well-being enhancement. These services are distinctly different from medical or therapeutic interventions. Joule Wellbeing coaches are not licensed therapists, counselors, or medical professionals. .
Definitions” Joule Wellness Professional(s)” refers to the health and wellness coaches contracted by Joule Health & Wellbeing LLC to provide coaching services..
“Website” means the website located at www.joulewellbeing.com.
“Content” means any and all material, existing or having existed on the Website in any fashion from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, or linked or contained in any subpage of the Website or existing as data, designs, text (on every page of the Website, whether editorial, navigational, or instructional), images, graphics (including all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third parties), code or programming (includes both client-side code and server-side code (including compiled or interpreted code in any computer language, databases, etc.) used on the Website), and includes all material that we have provided on or as part of the Website or which any Users have submitted, posted, uploaded, or otherwise provided to the Website.
“Services” means any of the products or services provided by or through Joule Wellbeing.
“User” means any person or entity, as the case may be, who accesses the Website. As a User, you are subject to these Terms and our Privacy Policy www.joulewellbeing.com/privacy and agree to abide by all terms and conditions contained in these Terms.
Usage and Access
We hereby grant you a limited license to view and use the website solely for your Personal use and only as an aid to properly engaging with the Website as a User. You may use the Website only in a manner consistent with your bona fide Personal needs. You are prohibited from using the Website for any commercial, illegal, or unauthorized purposes, including any attempt to engage in activities that would violate these Terms of Use.
The Website and any Services are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the Website, and their guardians should not permit them to do so. Individuals older than 13 but under the age of 18 may access the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and responsible for all of the User’s actions taken on the Website. These age restrictions are based on applicable law for the benefit of such children. You represent and warrant that, if you are a parent or guardian, you are providing the necessary supervision for any minor under 18 who accesses the Website.
Virtual Appointments: All coaching sessions are conducted virtually via video conference through platforms such as Google Meet or Zoom. Clients are responsible for ensuring they have the necessary equipment (e.g., computer, internet connection, webcam) to participate in virtual sessions.
Online Booking and Coach Selection: Clients can book sessions online through the Profi platform, selecting available appointment times and their preferred Joule Wellness Professional. Clients with pre-purchased packages can also schedule their sessions in this manner. By using the Profi platform, you agree to comply with its Terms of Service and Privacy Policy, which govern your use of the platform in addition to these Terms. You understand and accept that Joule Wellbeing is not responsible for any issues related to the third-party platform’s functionality.
Session Details and Payment: Each session is 30 minutes in duration and costs $65. Clients may choose to book longer sessions, such as 1-hour sessions for $130. Payment for all sessions is due at the time of booking, and all transactions must be processed through the Profi platform. Failure to submit payment will result in your session not being scheduled. No refunds will be issued once a session has been scheduled. If you do not attend a session or fail to cancel within the specified time frame, you will forfeit the session fee.
Cancellation and Rescheduling: For sessions scheduled days or weeks in advance, clients must provide at least 24 hours’ notice to cancel or reschedule their appointment. For same-day bookings, cancellations are not permitted, but clients may reschedule the session to another time or day if at least 4 hours’ notice is provided. Each appointment may only be rescheduled once.
No-Show: If you so not attend a scheduled session without providing the required notice, the full session fee will be forfeited and no refund will be issued. All scheduling, cancellation, and rescheduling must be done through the Profi platform.
Profi Platform Reference: Joule Health & Wellbeing utilizes the Profi platform (www.practice.do) for online booking, client communication, session notes, and intake forms. Clients acknowledge that by using the Profi platform they are also agreeing to Practices terms of service and privacy policy. You agree that any communications or data shared via the Profi platform will be handled according to their privacy policy.
Restrictions On Use of the Website
Any unauthorized use by you or on your behalf, including as described in this section of these Terms, will automatically terminate the license granted by us, and you may not thereafter use the Website for any personal or business purpose. Unauthorized use may also result in suspension or termination of your access to the Website at our sole discretion. Except as provided in these Terms or by the Website itself, you may not:
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use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms or by applicable law;
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download (other than page caching), excerpt, summarize, copy, or create derivative works from any portion of the Website;
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gather information from the Website from data mining, robots, spiders, or similar extraction tools;
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interfere with the proper operation of the Website including by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan horses, Viruses, DNS attacks, or any other technology that is designed or intended to interfere with the proper operation of the Website or the use of the Website by any User;
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circumvent or attempt to circumvent any security or access control technology implemented on the Website or its associated servers and networks;
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advertise or otherwise engage in any commercial endeavor, including any pyramid, network marketing, Ponzi, or similar scheme;
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impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
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disrupt the normal flow of communications or affect the ability of any User to use this Website; or
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advocate illegal activity or an intention to commit an illegal act or violate any applicable local, state, national or international law;
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promote, encourage, or advocate for illegal activities, including activities that would violate local, state, national, or international laws, or facilitate any criminal conduct or unlawful activity.
Termination of Access
Use of this Website is not a legal right. We reserve the right to suspend or terminate your access to the Website for any reason or no reason at any time, in our sole discretion without considering the potential ramifications on you and your activities. This includes, but is not limited to, instances of violations of these Terms, engaging in fraudulent activity, or any behavior deemed detrimental to the Website or other users. Such termination may occur immediately or at a time of our choosing, and you will forfeit any rights or access to content, services, or features provided through the Website.
If you choose to provide any personal information via this Website, the information will be used only for the purposes described in our Privacy Policy www.joulewellbeing.com/privacy. We may collect or share certain information based on your usage of the Website, as described in, and subject to, our Privacy Policy. This includes, but is not limited to, the processing of bookings, communicating with you about services, and responding to your inquiries. We may also collect and share certain information based on your usage of the Website, including technical data, as described in and subject to the terms of our Privacy Policy.
To facilitate communications between you and us, this Website offers you the ability to contact us. Although we take reasonable measures to protect and secure online communications, we both acknowledge that no data transmitted over the Internet is 100% secure, and that no security measures are perfect or impenetrable. By using the Website, you assume responsibility for the risks associated with transmitting information via the Internet and agree that we are not liable for any unauthorized access to or use of your data. You agree to release us from (1) any liability to you for any unaccepted or unprocessed email instructions or requests and (2) from any loss or damage arising out of any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us, without including the sensitive information, to arrange a more secure means of communication.
Subject to the Privacy Policy, any information, materials, suggestions, ideas, or comments you send to us (each, a “Submission”) are deemed non-confidential. By sending us a Submission, you hereby grant, will grant, and agree to grant us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform, and distribute the Submission for any purpose whatsoever (commercial or otherwise), in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you. This grant includes the right to use the Submissions and any ideas, concepts, or know- how contained in the Submission for any purpose, including developing, manufacturing, distributing, or marketing products or services. You agree that we are free to use any submissions or ideas you provide without any obligation to you, except as specifically required by our Privacy Policy or applicable law.
Prohibited Information
You agree not to submit any confidential, proprietary, or trade secret information to us through the Website. Such information is not protected by any confidentiality agreement, and you do so at your own risk. We are not responsible for any loss, damage, or unauthorized use of any confidential information submitted through the Website. Information you submit through the Website or otherwise must not contain the following:
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Commercial speech, such as links to other websites, solicitations for money, offerings of securities, or the promotion of chain letters, pyramid schemes, or spam.
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Intellectual property of a third party, including trade secrets, unless you have appropriate permission or the information is submitted in accordance with applicable law (such as fair use). You must not infringe upon the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets.
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False, misleading, or deceptive material, including content that impersonates another person, misrepresents or falsely states information regarding identity, gender, age, or affiliation, or engages in any form of fraudulent conduct.
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Material that is harmful, threatening, abusive, harassing, tortious, defamatory, obscene, invasive of another’s privacy, or otherwise unlawful in any jurisdiction. This includes content that promotes or encourages harm to others or violates the legal rights of others.
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Viruses, worms, Trojan horses, time bombs, or any other harmful, disruptive, or malicious software, files, or links. You are prohibited from uploading or transmitting anything that contains harmful code designed to damage, disable, or interfere with the operation of the Website.
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Automated tools, such as robots, spiders, or other manual or automatic devices or processes, used to retrieve, index, “data mine,” or reproduce or circumvent the navigational structure or presentation of the Website or its content. You must not attempt to disrupt the normal operation of the Website or bypass its security measures.
Intellectual Property Rights
Joule Wellbeing owns all intellectual property rights relating to the Joule Wellbeing brand and other content including: copyright, trademark, service mark, trade name, trade dress, logo, patents and patentable subject matter, trade secrets, and data elements and other Content that has or provides the “look and feel” of the Joule Wellbeing brand image, as well as our own Content, including the text, graphics, programming (including source and object code), photographs, video, and audio contained in the Website (the “Intellectual Property”). All other intellectual property not owned by Joule Wellbeing is the property of its respective owner or licensee, as the case may be. Any use of third-party intellectual property is subject to applicable licensing agreements or permissions.
We reserve all rights to all of our Intellectual Property. Your use of the Website does not grant you any rights or licenses relating to the Intellectual Property, except as expressly provided for in these Terms.
You may not display, copy, modify, create derivative works of, sell, or distribute any of the Intellectual Property, or use it in any other way for public or commercial purposes except in accordance with these Terms and the intended purpose of the Website.
Infringing Third-Party Intellectual Property
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate or suspend use of the Website to Users who infringe the intellectual property rights of others. You are prohibited from infringing upon the intellectual property rights of any third parties when using the Website or interacting with its content.
In cases of suspected infringement, we may, at our discretion, suspend or terminate access to the Website for users who violate these intellectual property rights. We will take appropriate action to address violations in a manner consistent with applicable law.
We will respond to claims of copyright and trademark infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other relevant laws. Upon receiving a valid notice of alleged infringement, we will promptly investigate and take the appropriate actions, which may include removing or disabling access to the allegedly infringing material. For further details, please refer to 17 U.S.C. § 512(c)(2) for the DMCA process.
Reporting Infringement
Only the intellectual property rights owner may report potentially infringing items through this reporting system. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner, who can choose whether to use the procedures set forth in these Terms. If you believe that your work is the subject of copyright infringement or a trademark infringement, provide our copyright agent with the following information:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
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Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send the reporting information to our agent for notice of claims of copyright or trademark infringement as follows:
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By email: support@joulewellbeing.com
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By mail: 707 West Main Avenue, Suite B1, Spokane, Washington, United States 99201 Please note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing is subject to liability for damages.
Once a proper, bona fide notification of infringement is received by the designated agent, our policy is to:
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Remove or disable access to the allegedly infringing material;
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Notify the User whose material has been removed or disabled; and
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For repeat, flagrant, or bad-faith offenders, remove the allegedly infringing material from the Website and, in our discretion, terminate such User’s access to the Website and the Services.
If after receiving a notice of infringement, you may elect to send us a counter-notice. To be effective, the notice must be in writing, provided to our designated agent, and include substantially the following (please consult your own attorney or see 17 U.S.C. §512(g)(3) to confirm these requirements):
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A physical or electronic signature of the User;
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Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
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A statement under penalty of perjury that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
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The User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Joule Wellbeing may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Send the notice to our agent for notice of claims of copyright or trademark infringement as follows:
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By email: support@joulewellbeing.com
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By mail: 707 West Main Avenue, Suite B1, Spokane, Washington, United States 99201 Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification is subject to liability for damages.
Disclaimers
THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS OR SERVICES FROM JOULE WELLBEING, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY. JOULE WELLBEING DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
JOULE WELLBEING DOES NOT WARRANT THAT THE CONTENT, FUNCTIONS, OR SERVICES CONTAINED IN OR ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, OR ERROR-FREE. YOU, AND NOT JOULE WELLBEING, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES. JOULE WELLBEING DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE WEBSITE OR THE RESULTS OF ITS USE RELATED TO ACCURACY, RELIABILITY, OR OTHERWISE. THE WEBSITE MAY INCLUDE ERRORS (INCLUDING
TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME, WITH OR WITHOUT NOTICE.
NEITHER JOULE WELLBEING NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THE WEBSITE WILL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE OR THE SERVICES.
Emergency Situations: Joule Wellbeing's services are not designed for individuals experiencing acute mental health crises. If you are experiencing suicidal thoughts, self-harm ideation, or any other mental health emergency, please contact a crisis hotline (e.g., 988 Suicide & Crisis Lifeline in the U.S.), your local emergency services, or a mental health professional immediately."
Not a Substitute for Professional Advice: The information and services provided by Joule Wellbeing are for educational and supportive purposes only and should not be considered a substitute for professional medical, psychological, or psychiatric advice. You should always consult with a qualified healthcare provider for any health concerns or before making any decisions related to your health or treatment."
Client Responsibility: Clients are responsible for providing accurate and complete information about their health and well-being during their coaching sessions. Failure to disclose relevant information may impact the effectiveness of the coaching services. Joule Wellbeing is not liable for any resulting consequences from a client’s failure to disclose pertinent health information. You acknowledge and agree that it is your responsibility to disclose any medical or psychological conditions that may affect your participation in coaching sessions.
No Guarantees: Joule Wellbeing does not guarantee specific outcomes from coaching sessions or any other services provided. Individual results will vary, and no promises or assurances regarding future success, health improvements, or goal attainment are made. You acknowledge that results are dependent on various factors, including your engagement with the coaching process, and that past performance is not necessarily indicative of future results.
No Endorsement of Third-Party Content: Joule Wellbeing may provide links to third-party websites, content, or resources for convenience. We do not endorse, guarantee, or take responsibility for the content, practices, or policies of these third parties, and you use these links at your own risk. You acknowledge and agree that Joule Wellbeing is not liable for any damages resulting from your use of third-party websites or services.
No Legal, Financial, or Medical Advice: Joule Wellbeing does not provide legal, financial, or medical advice. The content and coaching services are for general guidance and educational purposes only. You should consult with a qualified professional before making any legal, financial, or medical decisions.
Indemnification
You agree to indemnify, defend, and hold harmless Joule Wellbeing, its affiliates, officers, directors, employees, agents, partners, contractors, licensors, and representatives (collectively, the “Indemnified Parties”), from and against any and all claims, demands, suits, actions, liabilities, damages, losses, including reasonable attorneys' fees, costs of defense, and any other expenses arising out of or in connection with your use of the Website or any services provided by Joule Wellbeing. This includes any breach of these Terms, violation of any applicable law, regulation, or rights of any third party, and any content you submit, upload, or post to the Website. Additionally, you agree to indemnify the Indemnified Parties for any claims related to the infringement of a third party’s intellectual property rights, misuse or misrepresentation of the Website, fraud, defamation, or any unlawful activity conducted via the Website.
In the event of such claims, you agree to promptly notify Joule Wellbeing in writing of any such claim or demand and provide reasonable assistance, at your own expense, in defending or settling such claims. You shall fully cooperate with Joule Wellbeing in the defense of any claims, and Joule Wellbeing shall have the right to assume and control the defense of any such claims at its sole discretion. You agree to bear the full cost of the defense, including any legal fees, settlement costs, and any judgment or award arising out of or relating to the indemnified claim or demand, and you will reimburse Joule Wellbeing for all reasonable costs and expenses incurred by the Indemnified Parties in connection with the defense or settlement of such claims.
However, the indemnification obligations outlined in this section will not apply in cases where the claims arise from Joule Wellbeing’s own negligence, misconduct, or wrongful actions, nor will it apply to any claim or loss arising from Joule Wellbeing’s failure to perform its obligations under these Terms or the Privacy Policy.
Your obligation to indemnify, defend, and hold harmless the Indemnified Parties will continue even after the termination or expiration of these Terms and your use of the Website or services. This indemnification will remain in effect until the final resolution of any such claim or action, ensuring ongoing protection for the Indemnified Parties.
Third Parties and Third-Party Websites
The Website may contain links to other websites for your convenience and information. Links may be contained on pages, or in blog posts, emails from us, or newsletters we make available from time to time.
Such links may be to advertisers, merchandise retailers, payment processors, content providers, social media or other companies who may use our logo or style as a result of a co-branding agreement. These websites may be operated by companies that are not affiliated with Joule Wellbeing and may have different privacy policies and terms of use. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, such presentation is not an endorsement, guarantee, representation, or warranty, either express or implied, by Joule Wellbeing on behalf of any third party. Joule Wellbeing makes no representations or warranties regarding the accuracy, reliability, or completeness of the content, goods, or services provided by third-party websites. You agree to review the terms and conditions of any third-party websites you visit via links provided on our Website.
We hereby disclaim any liability or responsibility for the content, subject matter, or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Accessing third-party websites from our Website is therefore done at your own risk.
These Terms apply only to the Website and do not apply to any websites, even those controlled by us, that are linked to the Website. For access to the terms of use or privacy policies of linked websites, you should refer to the policies of those websites. Joule Wellbeing is not responsible for any changes made to third-party websites or services linked to from our Website.
Information Monitoring and Updates
We attempt to ensure that information on the Website is complete, accurate, and current. Despite our efforts, the information on this Website may be inaccurate, incomplete, or out of date, and we make no representation to you about the completeness, accuracy, or timeliness of any information on the Website, such as information about the nature or characteristics of any goods or services we provide, including pricing or terms of sale.
We do not assume any obligation to review or monitor the Content or other information submitted to the Website by third parties. We may review some, none, or all of the information submitted to the Website. We reserve the right to remove, edit, or reject any information submitted to the Website for any reason or no reason. You assume the responsibility of verifying the accuracy of any posted information through your own independent investigation.
We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting any messages or publishing or otherwise making available any materials that are believed to violate these Terms or applicable law.
You consent to our disclosure, without your further consent or notice, of your IP address, username, name, IP location or other information as required by any subpoena issued to us by a court or from a law enforcement or government agency. We may challenge any such subpoena on legal grounds but are not required to do so.
Viruses
Joule Wellbeing does not assume any responsibility or risk for your use of the Internet and the myriad of risks it presents.
We cannot and do not guarantee that the materials contained on this Website will be free of viruses, worms, or other code or related hazards that may have destructive properties (collectively, “Viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against Viruses.
Limitations of Liability
IN NO EVENT WILL JOULE WELLBEING, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOULE WELLBEING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, AND IF JOULE WELLBEING IS HELD RESPONSIBLE BY ANY COURT, THEN THE MAXIMUM LIABILITY OF JOULE WELLBEING TO YOU FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID JOULE WELLBEING FOR SERVICES OVER THE PREVIOUS 12 MONTHS. IN NO EVENT WILL JOULE WELLBEING BE LIABLE FOR ANY CLAIMS ARISING FROM EVENTS BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS.
Release
You, on behalf of your successors and assigns or heirs and personal representatives, as the case may be, hereby irrevocably and fully release Joule Wellbeing, its affiliates, and their respective officers, directors, managers, agents, employees, and contractors from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with information or Submissions provided by third parties to, through, or in connection with the Website or Services. This release includes claims arising out of the actions or negligence of third parties, including advertisers, service providers, and content partners.
YOU ACKNOWLEDGE AND AGREE THAT THIS RELEASE APPLIES TO ALL CLAIMS, WHETHER BASED IN LAW OR EQUITY, AND IS INTENDED TO BE A FULL AND FINAL RELEASE OF LIABILITY FOR ALL DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR THE SERVICES. This release will survive the termination or expiration of these Terms.
Dispute Resolution
Governing Law. Washington law governs your use of the Website, the Services, and all disputes, claims, actions, suits, or other proceedings arising out of or related to the Website, the Services, these Terms, or the Privacy Policy.
Dispute Resolution. The parties shall first use good-faith efforts to attempt to resolve any dispute, claim, or controversy arising out of or relating to the Website, the Services, these Terms, or the Privacy Policy by negotiation before bringing any action, other than an action for preliminary injunctive relief.
Venue. Any mediation, dispute or court proceeding based on or arising out of the Website, the Services, these Terms, or the Privacy Policy must be brought in the state or federal courts sitting in Washington.
Jurisdiction. You and Joule Wellbeing hereby irrevocably consent to the personal jurisdiction by such courts. You and Joule Wellbeing represent that such courts are a convenient forum.
Time period for bringing claims. Regardless of any statute or law to the contrary, any claim under these Terms or Privacy Policy must be brought within one (1) year after the cause of action arises, or such claim will be forever barred and deemed released.
Fees and costs. The prevailing party in any action or proceeding under these Terms will be entitled to recover legal fees and other costs reasonably incurred in that action or proceeding, in addition to any other relief to which the party may be entitled.
Additional Provisions
Entire Agreement. These Terms, together with the Privacy Policy www.joulewellbeing.com/privacy, constitute the entire agreement between you and Joule Wellbeing governing the Website or Services and supersede any prior agreements or understandings, oral or written, between you and Joule Wellbeing with respect to the Website or the Services. Each of us represents to the other that we are not relying on any representations or promises not set forth in these Terms or the Privacy Policy. You also may be subject to additional contractual terms that may apply if you use or purchase certain Services of Joule Wellbeing and enter into a separate agreement.
Waiver. The failure of Joule Wellbeing to enforce any right in these Terms or the Privacy Policy will not constitute a waiver of any right or provision.
Severability. If any provision of these Terms or Privacy Policy is found by a court to be unenforceable for any reason, it will not affect any other provision, and these Terms or Privacy Policy will be construed without regard to the unenforceable provision.
Local Laws. The materials on the Website may not be appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules, and regulations applicable to them. Joule Wellbeing may limit the Website's availability, in whole or in part, to any person, geographic area, or jurisdiction.
Relationship. These Terms do not create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties.
Assignment. Joule Wellbeing may assign these Terms or Privacy Policy and delegate any of its obligations.
Force Majeure. Neither party shall be liable for any failure to perform or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government regulations, labor disputes, or telecommunications failures. Performance deadlines will be extended accordingly.
Headings. The headings in these Terms and the Privacy Policy are for convenience only and have no legal or contractual effect. They are intended only to facilitate the organization and reading of the Terms and should not be relied upon in interpreting the content.
Client Acknowledgment: I understand that Joule Wellbeing provides health and wellness coaching services, not therapy or medical advice. I acknowledge that:
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The coaches are not licensed therapists or medical professionals.
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The services are not a substitute for professional mental health care.
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I am responsible for seeking appropriate professional help for any mental health emergencies.
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I understand that in the event that the coach believes I am in crisis, that the coach may end the session, and may contact emergency services.
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I have read and agree to the Terms of Use and Privacy Policy
Joule Health & Wellbeing Acceptance: Joule Health & Wellbeing hereby acknowledges and accepts all terms and conditions outlined in this Terms of Use agreement. Date: [April 3, 2025]
Updated: April 3, 2025