Terms & Conditions
Last Revised: September 24, 2024
Welcome to EncompassWellnessllc.com! Encompasswellnessllc.com (the “Site”) is operated by Encompass Wellness / BioMedical Research Consulting LLC (the “Company,” “we”, “our”, or “us”). These Terms and Conditions (the "Terms") govern the user’s, customer’s, and/or Site viewer’s (“You”, “Your”) access to and use of our Site, services, and any content provided therein. By using our Site, you agree to comply with and be bound by these Terms.
We are committed to providing a positive user experience while ensuring that our users understand their rights and responsibilities when using our Site. Please read these Terms and our Privacy Policy carefully before engaging with the Site and our services.
Consent, Eligibility, and Change of Terms
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Site. You agree that you have read, understood, and consented to these Terms. If you do not agree to these Terms, please do not use the Site. By using this Site, you also agree that you are at least 18 years or older. If you are under the age of 18, you may only use the Site with the involvement of a parent or legal guardian who agrees to these Terms.
We reserve the right to modify or update these Terms at any time, at our sole discretion, without notice to you. Any changes will be effective immediately upon posting on this page, with an updated "Last Revised" date at the top of this page. It is your responsibility to regularly review these Terms and to stay informed of any updates. By continuing to use the Site after any changes, you agree to be bound by the revised Terms. If you do not agree with the updated Terms, you must stop using the Site.
User Obligations
By using the Site, you agree to fulfill the following obligations:
Accurate Responsibilities: You agree to provide true, accurate, current, and complete information when creating an account or using our services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Compliance with Laws: You agree to use the Site in compliance with all applicable laws and regulations. You will not engage in any unlawful activities or violate any third-party rights.
Prohibited Activities: You will not use the Site for any purpose that is illegal or prohibited by these Terms, including but not limited to spamming, phishing, or distributing malware.
Content Responsibility: You are solely responsible for any content you submit, post, or share on the Site. By doing so, you grant us the right to use, modify, and distribute that content in accordance with our Privacy Policy.
By using the Site, you acknowledge and agree to adhere to these obligations. Failure to comply may result in the suspension or termination of your access to the Site.
Terms of Use
By accessing or using this Site, you agree to comply with these Terms and any applicable laws, regulations, and guidelines. You agree that you will not:
Violate any laws or regulations: You agree not to use the website for any unlawful or unauthorized purposes, including violating copyright, data protection, or other applicable regulations.
Interfere with the website’s operation: You will not attempt to disrupt, damage, or interfere with the website's functionality, security, or infrastructure. This includes transmitting viruses, malware, or other harmful technologies.
Engage in prohibited activities: You will not use the website to conduct fraudulent, harmful, or offensive activities, such as spamming, phishing, harassing other users, or spreading false or misleading information.
Create unauthorized accounts: You agree not to create multiple accounts or use another person’s account without permission.
Modify or alter the website: You agree not to modify, reverse-engineer, or tamper with any part of the website or its features.
Termination
We reserve the right to suspend or terminate your access to the Site at our sole discretion if you violate these Terms, our Privacy Policy, or engage in conduct that we deem harmful to the Site or its users.
Disclaimers
The content included in the Site is for informational and educational purposes only. It is not intended to provide medical advice or to take the place of such advice or treatment from a personal physician. All readers/viewers/listeners of this content are advised to consult their doctors or qualified health professionals regarding specific health questions. Encompass Wellness / BioMedical Research Consulting LLC does not take responsibility for possible health consequences of any person or persons reading, listening, or following the information this Site.
No Warranties: The website and its content, services, and features are provided on an "as is" and "as available" basis without any warranties, either express or implied. We do not guarantee that the website will be error-free, uninterrupted, or free from harmful components, nor do we warrant the accuracy, completeness, or reliability of any content or information provided.
Limitation of Liability: To the fullest extent permitted by law, we disclaim all liability for any direct, indirect, incidental, consequential, or special damages arising out of or related to your use of the Site, including but not limited to lost profits, data loss, or any harm to your computer systems or devices.
Third-Party Links and Content: The Site may contain links to third-party websites or services that are not owned or controlled by us. These links are typically provided so that you may directly access a site that contains relevant information. We are not responsible for the content, privacy policies, or practices of any third-party sites. Your use of those third-party sites is at your own risk, and we recommend reviewing their terms and conditions.
No Professional Advice: Any information provided on the Site, including but not limited to content, articles, blogs, or user discussions, is for general informational purposes only and should not be considered professional, legal, financial, or medical advice. You should consult with a qualified professional before taking any action based on the information on this Site.
Use at Your Own Risk: You acknowledge and agree that your use of the Site is entirely at your own risk, and you are solely responsible for any damage or loss that may result from your reliance on the Site or its content.
Intellectual Property
All content on this Site, including text, graphics, logos, and images, is the exclusive property of Encompass Wellness / BioMedical Research Consulting LLC and is protected by the United States copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, publicly display, republished, download, store, or transmit any of the material or contents without our expressed written permission.
Privacy Policy
Your privacy is important to us. By using our Site, you consent to the collection and use of your information as summarized below and detailed in our Privacy Policy.
This section outlines how we collect, uses, and protects your personal information when you use the Site.
Information We Collect: We may collect personal information that you provide to us directly, such as your name, email address, and contact details when schedule a consultation, sign up for a workshop, subscribe to our newsletter, send us a contact message, or interact with our services. We also collect information automatically through cookies and similar technologies, such as your IP address, browser type, and usage data.
Use of Information: We use the information we collect to provide and maintain our services; improve, personalize, and expand our Site; communicate with you, including sending updates, workshop offerings, and other information; monitor and analyze usage and trends to improve user experience.
Data Sharing: We do not sell, trade, or otherwise transfer your personal information to outside parties without your consent, except as required by law or to service providers who assist us in operating our Site and conducting our business, so long as those parties agree to keep this information confidential.
Data Security: We take reasonable measures to protect your personal information from unauthorized access, use, or disclosure. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.
Your Rights: Depending on your location, you may have certain rights regarding your personal information, including the right to access, correct, or delete your information. For more details, please refer to our full Privacy Policy.
Changes to This Section: We may update this Privacy Policy section periodically. We will notify you of any changes by posting the new policy on this page with an updated effective date.
For more detailed information, please refer to our complete Privacy Policy.
Indemnification
You agree to indemnify, defend, and hold harmless the Site, Encompass Wellness / BioMedical Research Consulting, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, losses, damages, injuries, delays, deaths, expenses, loss profits, or fees (including reasonable attorneys' fees) that arise from:
Your use or misuse of the Site, including any content you submit or post.
Your violation of these Terms.
Your violation of any third-party rights or Encompass Wellness / BioMedical Research Consulting rights, including but not limited to intellectual property, privacy, or other proprietary rights.
Your breach of any applicable laws or regulations in connection with your use of the Site.
We reserve the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses.
Dispute Resolution
In the event of any dispute arising out of or relating to the Site, Encompass Wellness / BioMedical Research Consulting’s services, or these Terms (collectively, "Disputes"), you agree that before taking any formal action, you will first contact us directly by email at AAndraski@BioMedicalResearchConsulting.com and provide a brief, written description of the dispute along with your contact information. We both agree to try to settle the dispute through consultation in the spirit of good faith and mutual cooperation. If we are unable to resolve the dispute in this manner, you and Encompass Wellness / BioMedical Research Consulting agree to resolve such Disputes through binding arbitration. All Disputes shall be submitted to confidential arbitration conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in Boulder County, Colorado, or at a location mutually agreed upon by the parties.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Colorado. The only award that can be issued to you is a refund of any payment made to Encompass Wellness / BioMedical Research Consulting for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
You agree that any Disputes shall be resolved on an individual basis and that no class actions or other representative claims are permitted. By agreeing to these Terms, you waive your right to participate in any class actions.
Any claim arising out of or related to these Terms or the use of this Site must be filed within one year after the cause of action arises, or the claim will be permanently barred.
Consent to Governing Law
These Terms and any dispute arising out of or relating to your use of the Site shall be governed by and construed in accordance with the laws of the State of Colorado.
Consent to Jurisdiction
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Colorado or a state court located within the State of Colorado in connection with any matter arising out of these Terms, Privacy Policy, use of the Site and its products and/or services.
Consent to Service
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Colorado for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Colorado.
Severability
If any provision of these Terms or in the Privacy Policy is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be deemed modified to the extent necessary to make it valid and enforceable, consistent with the original intent.
Contact
If you have any questions about these Terms, please contact us by email at AAndraski@BioMedicalResearchConsulting.com