Wellness U, Inc. Disclaimer, Disclosure, Privacy Policy, Legal Mumbo Jumbo Web Site Agreement and Terms of Use

SUMMARY IN ALMOST PLAIN OF ENGLISH OF THE SELF-SERVING LEGAL GOBBLEDYGOOK DECLARATIONS THAT THE LEGAL MINDS INSIST WELLNESS U, INC. MUST, ABSOLUTELY MUST, MAKE TO FREE ITSELF OF RISKY AND POTENTIAL LEGAL LIABILITIES AND TO PROTECT ITS INTERESTS IN NEARLY ANY POTENTIAL EVENTUALITY. ALL THE WHENCE, HENCE AND WHEREFORTH STUFF IS TAGGED ONTO THE END. BUT FIRST, HERE'S A SINCERE EFFORT TO TRANSLATE THE ESSENTIALS INTO LANGUAGE MORTALS MIGHT ACTUALLY BE ABLE TO UNDERSTAND:

The Company: "We", "our" and "us" as and when used throughout this document refer solely to the legal entity of Wellness U, Inc.

Material is provided on this site and related sites by Wellness U, Inc.

Ken Winston Caine is president, an employee, and a public representative of Wellness U, Inc.

Mind Body Spirit Journal, WellnessU.org, kenwinstoncaine.com and ExcitingSolution.com are among the publications and offerings of Wellness U, Inc.

Wellness U, Inc. is physically based in Santa Fe County, New Mexico. Its mailing address is P.O. Box 95, Cerrillos, NM 87010.

Nature of Material Published: Material on this site is not provided or intended for medical purposes. All material on this site is for informational and/or entertainment purposes only, and may contain inaccuracies and ommissions. Wellness U, Inc. makes a concerted effort to develop accurate and useful content, but makes no warranty as to the accuracy or usefulness of any content provided. And in any case, Wellness U, Inc. does not vouch for the accuracy of public and third-party submissions or comments published on this site.

Not for Medical Purposes: No statements or claims made on this site have been evaluated by the FDA, and no information on this site is to be construed as adequate for the purpose of diagnosing, treating or curing disease, nor should it be construed as justification for discontinuing any treatment recommended by a qualified health care professional. In addition, information provided on this site should in no way be considered a substitute for consultation with a qualified health care professional.

Personal and Professional Disclosure for Ken Winston Caine:

Wellness U, Inc. President, and Mind Body Spirit Journal Editor, Ken Winston Caine is a researcher, author/co-author (20-plus books, 1-million-plus copies sold), speaker, teacher, health-science writer, holistic marketer, and a multi-award-winning, long-time journalist who was project editor on a Pulitzer-cited investigation.

Not a medical doctor: Ken Winston Caine is not a medical doctor, does not represent himself as such, and does not engage in the practice of medicine. There is a licensed medical doctor in Chattanooga, Tennessee named Winston Caine who specializes in internal medicine. Winston Caine, the Tennessee internist, often uses his middle initial, "P.", in his name. Ken Winston Caine has, in the past, used "Winston Caine" "K. Winston Caine," "W. Caine," "ken winston caine," "kwc," "Kenneth Winston Caine," "Kenneth Wayne," and "Ken Holland" as bylines and nomes d' plume on articles and books. Ken Winston Caine of New Mexico and Winston P. Caine of Tennessee are not related and (as of May 2006) have not met. Maybe they will meet some day at a conference.

Ken Winston Caine holds doctorates in holistic counseling, with an emphasis in wellness, alternative systems of healing and personal holistic spiritual formation -- studies which when he initially entered into them in the '70s and '80s were considered non-traditional, but which have become substantially more mainstream in recent years as branches of science and health have declared them to be areas worthy of scientific inquiry. Example of that? He was invited to the Harvard Medical School Mind-Body Institute's "Spirituality and Health" course and symposium in 1997 to gather research for a book he conceived at Rodale called Prayer, Faith and Healing.

Ken Winston Caine has trained and is certified in a great number of integrative health and personal development modalities, has at times, to the extent allowed by law, practiced as a non-licensed counselor, herblist, holistic health advisor, naturopath, and during his years on the east coast while working as a writer and editor for Rodale, was registered to practice as a traditional naturopathic doctor by the District of Columbia, and was permitted to practice as such by the zoning and business licensing boards of Bethlehem, Pennsylvania, and under guidelines in a letter from the state attorney general's office. He did not then and does not now engage in the practice of medicine.

Ken Winston Caine is not licensed as a medical doctor, osteopathic doctor or chiropractic doctor and does not represent himself as such. He has trained in alternative systems of healing and naturopathy through schools and trainings in the U.S. and India.

He has primarily earned his living working in media, marketing and news for 36 years, has won 20 journalism awards, authored/co-authored more than 20 books that have helped more than a million people. He studied under several copywriting masters in the '70s and has designed highly successful advertising and direct-mail campaigns for dozens of clients and prefers to work with artists, healers, ecologists and non-profits in developing value-laden "holistic marketing" approaches. He headed the writing and "news" departments for a large California advertising agency for a stint in his late 20s before returning to journalism for a decade where he worked frequently as an evironmental and health reporter.

Naturopathy: Ken Winston Caine has trained and practiced as a naturopathic doctor and presently is not licensed in any state that currently licenses naturopaths.

Ken Winston Caine holds degrees from two schools that qualify him to cite the title, "doctor of naturopathy": the Clayton School of Natural Healing in the United States, and the Open University in Calcutta, India. In addition, Caine has trained in naturopathy through a number of other schools and organizations, beginning in the the mid-1970s.

Ken Winston Caine's trainings through other schools in the 1970s and 1980s qualify him to use titles such as "naturopath," "wellness counselor," and "holistic health practitioner." He first formal studies of naturopathy and natural healing were through joining and studying the treatises of Edmond Bordeaux Szekely's International Biogenic Society in the mid-1970s. Szekely, with his wife, founded the first health resort in North American in 1940 at Rancho La Puerta near Tecate, Mexico. In the 1980s, Caine studied naturopathy, natural healing, natural hygeine and herbalism through the Robert Gray Institute's experiential course in California, and through Dr. John Christopher's School of Natural Healing of Utah.

Caine sees littleneed to cite his naturopathic title these days. since he works primarily as a holistic researcher and writer and since, as a life-long learner, he has earned multiple degrees and recognitions in a wider realm of holistic, non-traditional and integrative studies. However, he has proudly cited his naturopathic credentials in the past and some of those citations remain recorded for eternal posterity in the internet search engines and on book jackets. In addition, he has used since 1996 and continues to use at least one email address, among many, that contains the term "naturedoc."

Mental health practice: Ken Winston Caine is not licensed as a mental health professional and does not represent himself as a licensed mental health professional.

Diagnosis and treatment: Ken Winston Caine does not diagnose or treat medical or mental health disorders. He does not prescribe any medical course of treatment, therapy or drugs for any medical disorders.

Integrative medicine: Ken Winston Caine is an advocate for (and philosophically and personally favors and seeks) an integrative medical approach. He encourages you to, as well. An integrative approach combines and balances both scientific and ecclectic modalities and seeks a holistic understanding.

Education His education, like his frequent off-the-grid lifestyle, has mostly been unconventional, often crafted through the "open university" and "University Without Walls" approaches, with guided independent study, documented experiential learning, and in-depth symposia and intensives. He is a life-long learner, and in 2006 as this is written is completing a research doctorate based upon his Spirit of Wellness and wellness coaching models that he has been developing and testing for a decade.

PHILOSOPHY AND APPROACH TO HEALING: Wellness is not about the absence of illness or malady.

Living WELL is not about diet, exercise, or using sunscreen. Paying attention to those things can be useful, but they don't create a vibrant state of wellness.

You evoke the Spirit of Wellness when you are engaged in finding, appreciating and/or sharing:

• Comfort
• Joy
• Beauty
• Meaning
• Humor
• Love
• Wonder, Respect and Awe for all that is greater than yourself, and for all the great things you, yourself have to offer and experience, and that you, yourself, have offered and experienced.

Underlying these seven core explorations is an eighth essential factor. When you are engaged in pursuing any of the above, you are also engaged in finding, appreciating and/or sharing:

Ways and means of pursuing and expressing your youniqueness and your:

• Constructive curiosities.
• Positive personal perspectives.
• Talents.
• Special skills.
• Personal strengths.
• Finer qualities.

And that's what you are put on this planet to do. And sometimes it takes obstacles to draw these things out of us in a truly significant way.

(This section reproduced, with permission, from his upcoming book, Seven Subtle Shifts That Evoke the SPIRIT OF WELLNESS: Stop Feeling Like Hell and START LIVING WELL! Now! Regardless of Challenges or Conditions © Ken Winston Caine)

Other: Ken Winston Caine is trained in and does research in and teaches about aspects of natural and holistic health, mind-body-spirit approaches, and self care. He has trained and certified in complementary medical hypnosis, NLP, homeopathy, Therapeutic Touch, EFT and some other forms of energy healing including Huna and Reiki and kinesiology and New Thought "Treatments", 7 Habits of Highly Effective People, Silva Method, Sedona Method, a basic Ayurveda overview course, spiritual direction, nutritional consulting, herbalism, and life and success coaching, among numerous other trainings over several decades. He was a student and devotee of Dr. Maxwell Maltz's "Self-Image Psychology" and "Psycho Cybernetics" in the mid-1960s through the mid-1980s. Maltz's work is a rarely credited progenitor of NLP and life coaching and exerted uncredited influence on the Humanistic Psychology movement. Caine discovered and read the Barefoot Doctors Manual -- an official lay Chinese medicine text developed under Mao Tse Tung -- in 1978 and purchased a copy in 1982 and later took a couple formal courses in Chinese medicine and Chinese herbalism. He studied "A Course in Miracles" in Ojai, California in the early '80s after Reid Ercikson, who funded the first printing of the books, gave him copies. He's continued those studies at times since. He was exposed to a wide breadth of New Thought teachings and to the Kriya Yoga of Parmanhansa Yognanda as a child, has read most historic and modern New Thought "thoughtleaders" and holds a ph.d. from the oldest, continuously operating New Thought college in the United States, the Divine Science-denomination-oriented College of Divine Metaphysics in Glendora, California. He participated in most of the monthly Spirit at Work sessions/trainings offered by visiting researchers, doctors and professors on the Rodale campus in the mid through late 1990s. In addition, he was exposed to a breadth and variety of humanistic psychology theories and tales and anecdotes and ideas from the human potential movement and enjoyed them as a teen while his father was studying under Maslow in San Diego, but he didn't at all "get" at the time just how special that was. But he has never outgrown his curiosity about and enjoyment of such things. He also was exposed to and influenced by his dad's nutritional health studies and theories and experiments and amazing success with organic gardening (continuing to this day). His dad followed the writings and work of J.I. Rodale, Adelle Davis and others and was a subscriber to Let's Live! and a charter subscriber to Prevention magazine in 1950.

Ken Winston Caine regularly experiments with, studies, researches, reports, speculates, and educates about matters related to health science, healing, health, spirit, holistics, holistic living, wellness, personal-development, motivation and accomplishment, right livelihood, honest, effective marketing and communication, and personal and planetary well-being. And encourages you to do the same.

Privacy policy

We will never, ever sell, rent or lease your name or email address to spammers. Period.

We use tracking cookies to gather statistics about how our site is used, which features are most popular and which are not, etc. We do not store personal information about site visitors except that which they expressly provide for such purposes. We do maintain necessary and customary basic business data regarding clients and their purchases. We may share with others in the normal course of business basic demographic data that we collect about our visitors and clients but we will not share any other information that you entrust us with unless you explicitly authorize us to do so.

Your public comments and contributions will be shared, on the site, and in other formats such as materials, courses, books, articles, etc., developed under the auspices of Wellness U, Inc. If you wish to maintain anonymity, please use a psuedonym when making posts, submitting material, or offering comments via web interface or email.

Copyright and Licenses

All contents are copyright Wellness U, Inc. and under license of Wellness U, Inc. Wellness U, Inc. assigns to you the right and license to use--on your own web pages or in your own publications or in any other way you see fit--any written contributions you personally have made to Wellness U, Inc. projects and website pages, except in cases where your particular contributions may be bound by terms of other contracts or licensing agreements you have separately entered into with Wellness U, Inc. This permission extends only to the right to use your own words--and does not give you permission to quote from in part or entirety or republish any Wellness U, Inc., materials that may have derived in some way from your input, and this permission and license does not give you permission to republish any words or images published on this site that did not come from you directly and originally, nor does it give you permission or license to develop or offer any derivative work in any media or form that is based on any words, concepts or processes published on this site unless those words, concepts or processes were originally provided for publication on this site by you.

You Assert and Agree That You:

1. Are of statutory legal age and of sound mind to provide personal information and participate in the discussions on this website and to objectively consider and review the educational and informational materials Wellness U, Inc. provides on subjects that may affect your health and well- being, and to make informed decisions relative to those, and to participate in discussions about matters that may affect your health and well-being, and to make informed purchase decisions and, in any case, are more than 13 years of age.

2. Will stay on topic in public discussions, be courteous, and refrain from personal attacks and will not post material that is libelous, defamatory, lewd or obscene.

3. Will not publish advertising messages in the comments sections of the website. You may use a signature file at the end of your posts with one promotional URL included. No more than five lines, please, for a sigfile and it must include your name in one of those lines.

4. Will not post material written by anyone other than yourself unless you also include within the post the specific written permission you have from the author to republish the material.

5. Will not construe any information provided by Wellness U, Inc. or its representatives as being provided for the diagnosis, treatment or cure of any medical or mental health condition and will not, on the basis of any informaton provided by Wellness U, Inc. or its representatives, discontinue any treatment recommended by any qualified health care provider or qualified mental health care provider.

6. Give Wellness U, Inc. permission to reproduce material you contribute.

7. Understand that by accessing this site you are agreeing that you are bound by a single-user license granted by Wellness U, Inc., permitting you to personally read and consider any materials or concepts contained on this or related sites or otherwise provided by Wellness U, Inc., but that you do not have a license to share or teach those materials or concepts or to prepare or publish or teach derivative works based on any materials and concepts provided by Wellness U, Inc., unless you enter into a separate and further written and signed licensing agreement with Wellness U, Inc. that permits such further uses of the licensed material.

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Additional Wellness U, Inc. Disclaimer, Disclosure, Legal Mumbo Jumbo Web Site Agreement and Terms of Use Language That Supposedly Completely Covers Our Ass From Here to Pluto and Even Beyond Pluto Should More Distant Planets Be Discovered that a Preponderance of Generally Respected Scientists and Nutritionists and Licensed Air Condtioning Mechanics Meeting in a Duly Called and Convened Congress Can Agree Truly Are and Should be Recognized as Legitimate Planets, and Which is Language That Probably Only Attorneys Can Fully Decipher, All Courtesy of the Intellectual-Property Legal Wizards at www.PriorityDigital.com and WordPress. The full and complete terms of use and agreement encompass all the foregoing and following, with the exception of the part about Pluto:

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THE MIND-BODY-SPIRIT JOURNAL WEB SITE (THE "SITE") IS AN ONLINE INFORMATION SERVICE PROVIDED BY WELLNESS U, INC. ("MIND-BODY-SPIRIT JOURNAL"), SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.


WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS.

THE ENTIRE CONTENTS OF THE SITE ARE PROTECTED BY INTERNATIONAL LICENSING, COPYRIGHT AND TRADEMARK LAWS. THE OWNER OF THE MASTER LICENSES, COPYRIGHTS AND TRADEMARKS ARE WELLNESS U, INC. AND/OR MIND- BODY-SPIRIT JOURNAL, ITS AFFILIATES OR OTHER THIRD PARTY LICENSORS. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. YOU MAY PRINT AND DOWNLOAD PORTIONS OF MATERIAL FROM THE DIFFERENT AREAS OF THE SITE SOLELY FOR YOUR OWN NON-COMMERCIAL USE PROVIDED THAT YOU AGREE NOT TO CHANGE OR DELETE ANY COPYRIGHT OR PROPRIETARY NOTICES FROM THE MATERIALS. UNLESS OTHERWISE INDICATED, YOU ARE GRANTED ONE (1) PERSONAL-USE LICENSE TO THE MATERIAL. THIS DOES NOT IN ANY WAY GRANT YOU THE RIGHT TO SHARE, TEACH, DISSEMINATE, BROADCAST, OR IN ANY OTHER WAY PUBLICLY OR PRIVATELY DISTRIBUTE THE MATERIAL OR TO IN ANY WAY CREATE DERIVATIVE WORKS BASED ON IT. SUCH LICENSES MAY BE AVAILABLE, WITH SPECIFIC TERMS TO BE DEFINED AND UPON PAYMENT OF SPECIFIC FEES, FROM WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL. YOU AGREE TO GRANT TO WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL A NON-EXCLUSIVE, ROYALTY-FREE, WORLDWIDE, PERPETUAL LICENSE, WITH THE RIGHT TO SUB-LICENSE, TO REPRODUCE, DISTRIBUTE, TRANSMIT, CREATE DERIVATIVE WORKS OF, PUBLICLY DISPLAY AND PUBLICLY PERFORM ANY MATERIALS AND OTHER INFORMATION (INCLUDING, WITHOUT LIMITATION, IDEAS CONTAINED THEREIN FOR NEW OR IMPROVED PRODUCTS AND SERVICES) YOU SUBMIT TO ANY PUBLIC AREAS OF THE SITE (SUCH AS BULLETIN BOARDS, COMMENT FORUMS AND NEWSGROUPS) OR BY E-MAIL TO WELLNESS U, INC. AND/OR MIND- BODY-SPIRIT JOURNAL AND ITS REPRESENTATIVES BY ALL MEANS AND IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED. YOU ALSO GRANT TO WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL THE RIGHT TO USE YOUR NAME IN CONNECTION WITH THE SUBMITTED MATERIALS AND OTHER INFORMATION AS WELL AS IN CONNECTION WITH ALL ADVERTISING, MARKETING AND PROMOTIONAL MATERIAL RELATED THERETO. YOU AGREE THAT YOU SHALL HAVE NO RECOURSE AGAINST WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OR MISAPPROPRIATION OF ANY PROPRIETARY RIGHT IN YOUR COMMUNICATIONS TO WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL.
 
TRADEMARKS.

PUBLICATIONS, PRODUCTS, CONTENT OR SERVICES REFERENCED HEREIN OR ON THE SITE ARE THE EXCLUSIVE TRADEMARKS OR SERVICEMARKS OF WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL. OTHER PRODUCT AND COMPANY NAMES MENTIONED IN THE SITE MAY BE THE TRADEMARKS OF THEIR RESPECTIVE OWNERS.

2. USE OF THE SITE.

YOU UNDERSTAND THAT, EXCEPT FOR INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL, WELLNESS U, INC. AND/OR MIND-BODY- SPIRIT JOURNAL DOES NOT OPERATE, CONTROL OR ENDORSE ANY INFORMATION, PRODUCTS OR SERVICES ON THE INTERNET IN ANY WAY. EXCEPT FOR WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL- IDENTIFIED INFORMATION, PRODUCTS OR SERVICES, ALL INFORMATION, PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ON THE INTERNET GENERALLY ARE OFFERED BY THIRD PARTIES, THAT ARE NOT AFFILIATED WITH WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL A. YOU ALSO UNDERSTAND THAT WELLNESS U, INC. AND/OR MIND-BODY- SPIRIT JOURNAL CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND WELLNESS U, INC. AND/OR MIND-BODY- SPIRIT JOURNAL SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.


LIMITATION OF LIABILITY

IN NO EVENT WILL WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, WELLNESS U, INC. AND/OR MIND- BODY-SPIRIT JOURNAL LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH YOU MAY ACCESS THROUGH THIS ONE OR WHICH MAY LINK TO THIS SITE. WHEN YOU ACCESS A NON-WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL, AND THAT WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE. IN ADDITION, A LINK TO A WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL WEB SITE DOES NOT MEAN THAT WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF SUCH WEB SITE.

3. INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE.

4. THIRD PARTY RIGHTS.

THE PROVISIONS OF PARAGRAPHS 2 (USE OF THE SERVICE), AND 3 (INDEMNIFICATION) ARE FOR THE BENEFIT OF WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SERVICE. EACH OF THESE INDIVIDUALS OR ENTITIES SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THOSE PROVISIONS DIRECTLY AGAINST YOU ON ITS OWN BEHALF.

5.TERM; TERMINATION.

THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY WITHOUT NOTICE AT ANY TIME FOR ANY REASON. THE PROVISIONS OF PARAGRAPHS 1 (COPYRIGHT, LICENSES AND IDEA SUBMISSIONS), 2 (USE OF THE SERVICE), 3 (INDEMNIFICATION), 4 (THIRD PARTY RIGHTS) AND 6 (MISCELLANEOUS) SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

6.MISCELLANEOUS.

THIS AGREEMENT SHALL ALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF STATE OF NEW MEXICO IN THE UNITED STATES OF AMERICA APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED IN THE UNITED STATES OF AMERICA. YOU AGREE THAT ANY LEGAL ACTION OR PROCEEDING BETWEEN WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL AND YOU FOR ANY PURPOSE CONCERNING THIS AGREEMENT OR THE PARTIES' OBLIGATIONS HEREUNDER SHALL BE BROUGHT EXCLUSIVELY IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION SITTING IN SANTA FE COUNTY, NEW MEXICO, IN THE UNITED STATES OF AMERICA. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL'S FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES NOR TRADE PRACTICE SHALL ACT TO MODIFY ANY
PROVISION OF THIS AGREEMENT. WELLNESS U, INC. AND/OR MIND-BODY-SPIRIT JOURNAL MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO YOU.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED ON BEHALF OF WELLNESS U, INC. AND/OR MIND- BODY-SPIRIT JOURNAL.



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