Discover Wellness Coaching Membership Terms and Conditions
Discover Wellness Inc. ("Discover Wellness") provides the Discover Wellness Coaching services ("coaching","service") described herein to you ("you" "member" or "customer") on the following terms and conditions ("Terms and Conditions"). When you purchase a Discover Wellness Coaching Membership and/or receive any Discover Wellness Coaching services you are agreeing to the following Terms and Conditions.
Discover Wellness Coaching members are entitled to unlimited wellness coaching services with our available wellness coaches via telephone or email during the hours of 9AM - 9PM EST Monday-Friday. Discover Wellness Coaching is intended for informational purposes only. Coaching services are not a substitute for medical care and are not intended as a substitute for consulting with your physician or other health care providers. Wellness Coaching services are not intended to diagnose or treat any condition. Any attempt to diagnose and treat an illness should be done under the direction of a doctor. Members are welcome to call or email a coach for assistance in losing weight, getting fit, reducing stress, smoking cessation and eating better.
Discover Wellness Coaching is available for purchase online or is provided as a complimentary benefit by a health care provider, employer or insurance plan. Consumer memberships paid for directly by the consumer are available in quarterly or annual increments. The use of this membership is at the sole discretion of Discover Welness and no refunds are available for any reason.
Memberships are valid one month at a time or as long as you are an active patient of a provider or an employee of an employer offering you this service as a complimentary benefit. Continued use of this service beyond the eligible membership period may result in a charge for membership at the standard consumer membership retail rate. If the Discover Wellness Coaching Membership is purchased by a minor (under 18) or on a minor's behalf, an adult must authorize and consent to these Terms and Conditions.
Discover Wellness Inc. and it's affiliates reserve the right to refuse, limit or cancel any coaching session and/or membership if a member has displayed unreasonable behavior; is deemed to be abusive or disruptive; has otherwise breached these Terms and Conditions or at it's sole discretion.
You agree and understand that it is necessary for Discover Wellness Inc. and it's affiliates to request and collect personal and private health information and use your information in order to perform the services and support obligations under these Terms and Conditions. Discover Wellness and its affiliates will protect your information in accordance with applicable laws. These Terms and Conditions are governed by the State of New York, without regard to conflicts of law principles, and the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts covering the County of Nassau, SAtate of New York for any dispute or matter relating to, arising from or connected with this service. You should keep copies of these Terms and Conditions and any sales receipts or other materials, for your records. Discover Wellness reserves the right to substitute, cancel, or add to any part of the Terms and Conditions, or end the offer and/or service at any time without notice.
DISCOVER WELLNESS COACHING SERVICES ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. To the maximum extent permitted by law, all coaching services, including any documentation, publications, or other information provided therein by or on behalf of Discover Wellness to members, are furnished on an "AS-IS" basis without warranty of any kind as to its accuracy and completeness. THE WARRANTIES, CONDITIONS, AND REMEDIES CONTAINED IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, AND REPRESENTATIONS. EXCEPT AS PROVIDED HEREIN, AS PERMITTED BY APPLICABLE LAW, DISCOVER WELLNESS SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL, OR FITNESS FOR A PARTICULAR PURPOSE. No Discover Wellness employee or agent is authorized to make any modifications, extension, or addition to this warranty.
Limitation of Liability
DISCOVER WELLNESS AND ITS AFFILIATES, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE DISCOVER WELLNESS COACHING PROGRAM OR SERVICES. You agree to defend, indemnify and hold harmless DISCOVER WELLNESS, its principals, employees, contractors, affiliates, licensors, and anyone else who has been involved in the creation, production, promotion or delivery of this service, from any and all claims and damages arising from your use of the service and/or breach of any of the terms and conditions set forth herein. To the maximum extent permitted by applicable law, Discover Wellness and its affiliates, employees, and agents, total aggregate liability to a customer for any and all claims arising under the Discover Wellness Coaching Service shall not exceed the members cost of their membership.