Terms and Conditions
Agreement between User and www.staywellkl.com
Welcome to www.staywellkl.com. The www.staywellkl.com website (the "Site") is comprised of various
web pages operated by KL Wellness LLC ("KL Wellness"). www.staywellkl.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices contained
herein (the "Terms"). Your use of www.staywellkl.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
www.staywellkl.com is an E-Commerce Site.
KL Wellness LLC fulfills orders for health, wellness, and guidance.
Privacy
Your use of www.staywellkl.com is subject to KL Wellness's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.staywellkl.com or sending emails to KL Wellness constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that KL Wellness is not responsible for
third party access to your account that results from theft or misappropriation of your account. KL
Wellness and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Children Under Thirteen
KL Wellness does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.staywellkl.com only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.staywellkl.com may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of KL Wellness and KL Wellness is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes or updates
to a Linked Site. KL Wellness is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by KL Wellness of the site or any association
This is a RocketLawyer.com document.
with its operators.
Certain services made available via www.staywellkl.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
www.staywellkl.com domain, you hereby acknowledge and consent that KL Wellness may share such
information and data with any third party with whom KL Wellness has a contractual relationship to
provide the requested product, service or functionality on behalf of www.staywellkl.com users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.staywellkl.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to KL Wellness that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of KL Wellness or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. KL Wellness content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written permission
of KL Wellness and the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to the intellectual
property of KL Wellness or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by KL Wellness from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the KL Wellness Content accessed through
www.staywellkl.com in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.
Indemnification
You agree to indemnify, defend and hold harmless KL Wellness, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
This is a RocketLawyer.com document.
attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. KL Wellness reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with KL Wellness in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out
of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of these Terms and
Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT
A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and KL Wellness agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative or
class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. KL WELLNESS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
KL WELLNESS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND
This is a RocketLawyer.com document.
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. KL WELLNESS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KL WELLNESS LLC AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF KL WELLNESS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
KL Wellness reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you hereby
consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out
of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you
and KL Wellness as a result of this agreement or use of the Site. KL Wellness's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of KL Wellness's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered by
KL Wellness with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
This is a RocketLawyer.com document.
disclaimers and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and KL Wellness with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and KL Wellness
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
KL Wellness reserves the right, in its sole discretion, to change the Terms under which
www.staywellkl.com is offered. The most current version of the Terms will supersede all previous
versions. KL Wellness encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
KL Wellness welcomes your questions or comments regarding the Terms:
KL Wellness LLC
, California
Email Address: kelly@staywellkl.com
Telephone number:
Effective as of February 18, 2024
This is a RocketLawyer.com document.