Last Modified: October 5, 2023

The One Planet Thriving, LLC website, oneplanetthriving.com, and any mobile application or platform connected or associated with the website, and any information stored within as well as any products and services offered through any of the above (collectively, “Website”), are owned and operated by One Planet Thriving, LLC, a Wisconsin limited liability company (“we,” “us,” or “our”). Our Website provides wellness and lifestyle coaching and education to a user of the Website (“you,” “your,” or “customer”) with a focus on thriving, connecting with people, and collaborating for change. Your access to our Website is subject to your acceptance and agreement to all the terms and conditions below. Please read this Terms and Conditions Agreement (“Agreement”) carefully before accessing or using our Website. By accessing or using our Website, you agree to be bound by the terms and conditions below, which are intended to be fully effective and binding upon us, you, and all customers, as a legal agreement. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically for such modifications. By accessing or using our Website, you accept the current and effective Agreement, at the time you access or use our Website. If you do not agree to be bound by the terms and conditions, do not use our Website or any material or service provided by us.

Acceptance This Agreement between you and us states the terms and conditions under which you may access and use our Website and all written and other information and materials displayed, linked to, or otherwise made available through our Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer, software and code, as well as information electronically submitted to us via our Website (collectively, the “Website content”). Your access to and continued use of our Website constitutes your agreement to be bound by this Agreement. If you do not accept these terms and conditions, you cannot access our Website.

When you visit our Website, send phone messages, or email us, you are communicating with us electronically. As such, you consent to receive communications from us electronically. We may communicate with you by telephone, email, or by posting notices on our Website or social media platforms. You agree that all agreements, notices, disclosures, and other communications that ye provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

In addition, to use the Website content, you agree to comply with this Agreement and our Privacy Policy.

Customer Privacy

We understand the importance of maintaining the privacy of your personal information. Please review our Privacy Policy carefully. This describes how your personal information may be used and disclosed.

Customer Account

You are not obligated to register with us to access and use our Website. However, certain services of our Website are available only to registered users or other persons affiliated with us, who have been granted accounts (“Customer Accounts”) with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Customer Account is truthful and accurate, and that you will maintain the accuracy of such information (including email). You may delete your Customer Account at any time, for any reason, by following the instructions on our Website. We may suspend or terminate your Customer Account in accordance with this Agreement. You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Customer Account.

You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your Customer Account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account. We may, in our sole discretion, refuse to accept your registration to our Website, due to noncompliance with any customer eligibility requirement.

Your Use of Website and Website Content

You agree that your access and use of our Website and Website content will be lawful and not contravene our policies, guidelines, rules, this Agreement, will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, contain any computer virus or other malware that could in any way affect the operation of our Website, or attempt to gain unauthorized access to any user, Customer Accounts, computer systems, or networks. You may not use a false email address, pretend to be someone else, engage in unauthorized use of a credit card, or otherwise mislead us or any third-party. You also agree that your access and use of our Website and Website content will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You are solely responsible for your access and use of our Website and Website content. We are not responsible and assume no liability for your access and use of our Website and Website content.

Minors

Our Website is not intended for persons under the age of 18. If you are under the age of 18, you may not use or view our Website.

Your Materials and Contributions

By submitting a comment, photo, video, or other material(s) onto our Website, including but not limited to third-party access sites, you agree that we have a right to publish this information on our Website unless you state that we may not do so with your submission. You may remove your content at any time. If you remove your content, the license granted to us expires but we retain the license to the extent that any content has been incorporated into our advertising and/or marketing or on our Website.

Disclaimer

Nature of Content: The Website content is educational and informational in nature and is provided only as general information and is not business, legal, financial, medical, therapeutic, psychological, or professional advice, opinion, diagnosis, treatment, or guarantee. Our Website is not intended to create and does not constitute any professional relationship between us and you and does not create any doctor-patient or any other professional or medical relationship between you and us. Our Website is not intended to solicit patients; and should not be relied upon as medical, psychological, therapeutic, or other professional advice of any kind or nature. Even if those providing information via our Website display professional licensure or other credentials, they are limited to providing information and education, and are not providing any clinical service via our Website. The information provided through our Website should not be used for diagnosing or treating a health or behavioral problem or disease.

We are Not a Medical Provider and Do Not Provide Medical Advice: Any and all content stated or posted on our Website or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine, therapy, or psychology or the provision of medical, therapeutic, or psychological/mental health care or any other professional healthcare practice. The information provided on our Website is not a substitute for medical diagnosis, advice, opinion, interpretation, or treatment, or other professional healthcare service. If you have or suspect you may require medical assistance, you should consult your medical doctor, therapist, psychologist, or appropriate healthcare provider. Never disregard or delay medical advice received from your licensed healthcare provider based on information on our Website. Always consult your physician, psychologist, dietician, therapist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication, or supplement, routine, or procedure.

Testimonials and Endorsements: We post testimonials for informational purposes only. Any information that could be regarded as a testimonial or endorsement on our Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you. Any previous results referenced on our Website are illustrative of concepts only and should not be considered promises for actual or future performance. Our Website and services are not intended to diagnose, treat, cure, or prevent any disease, or guarantee any results.

No Guarantee or Warranty: We do 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) regarding our Website, any merchandise, information, Website content, or service provided through our Website. Except as otherwise expressly specified, we do not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any Website content, services, merchandise, or information provided through our Website or on the internet, generally.

Limitation of Liability

In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through our Website or your use and access to our Website and Website contents or through links to any third-party.

Your sole and exclusive remedy for dissatisfaction of our Website is to stop using our Website.

Assumption of Risks; Indemnification

You understand, acknowledge, and freely assume all risks, including physical, psychological, and emotional risks (whether or not foreseeable to us or you), relating to your access to and activities with respect to our Website and Website content, or relating to any activity, information, or service, provided by us or any of our agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, physical, psychological, or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the use of our Website or Website content.

By viewing our Website, you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, us from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to your use of our Website and the Website contents and/or your breach of any representation, warranty, or other provision of this Agreement.

Intellectual Property

Copyright: Except as otherwise expressly stated, all Website content is our copyrighted work or our third-party content supplier’s and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Website content is also our exclusive property and is protected by U.S. and international copyright laws.

You may download information from our Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works, from any information or Website content, in whole or in part, including any text, images, audio, and video in any manner, without our prior written authorization or any applicable third-party supplier. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Any unauthorized use terminates the permission or license granted to you by us to use our Website.

We do not warrant or represent that your use of Website content or any other materials displayed on our Website will not infringe rights of any third-party. Your use of any of the Website content beyond the scope of personal use may require a license from the owner of the rights to the data. We are not responsible for any claims of ownership rights to any images or data against you.

Trademarks and Service Marks: You agree that you will not use any such trademarks, service marks, trade dress, or other logos from our Website without our prior written authorization.

Third-Party Content 

No Statement as to Accuracy: We have no editorial control or responsibility over the content included in our Website provided by a third-party. Therefore, any opinions, statements, products, services, or other information expressed or made available by a third-party or customers on our Website are those of such third-party or customers, respectively. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any other customer or third-party.

Links to Third-Party Websites:  Our Website may contain hyperlinks to other sites owned and operated by a third-party. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible or liable for their content or accuracy and do not endorse these websites unless We specifically state. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third-party websites or for any action you may take, or damages caused or alleged, because of linking to any such website. Your reliance on such information is solely at your own risk. We are not responsible for the privacy practices of any other websites. We reserve the right to terminate a link with any website that we deem is inappropriate or inconsistent with our Website or this Agreement.

Termination

Right to Termination:  We reserve the right to take appropriate lawful action in response to actual or suspected violations of your use of our Website and Website content or this Agreement, including, without limitation, the suspension and termination of your access and/or Customer Account, which may involve deletion of any content you have uploaded in connection with your Customer Account. We will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Customer Account or deletion of any content you uploaded to our Website.

We may cooperate with legal authorities and/or any third-party in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our Privacy Policy, we reserve the right to disclose information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Further, we reserve the right to, without notice, for any or no reason, refuse service or access to our Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend, and terminate customers’ access or Customer Accounts. You agree that we will not be liable to you or to any third-party for any modification, suspension, or discontinuation of our Website or any part or service thereof.

Right to Monitor: We have the right, but not the obligation, to monitor general use of our Website or exercise editorial control over the content of any third-party’s website, email transmission, or other material created or accessible over or through our Website.

Miscellaneous Terms

Headings: The headings in this Agreement are for convenience of reference only, and under no circumstance should they be construed as being a substantive part of this Agreement nor shall they limit or otherwise affect the meaning.  

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions and paragraphs shall continue in full force and effect and shall be binding on you and us.

No Assignment:  You shall not assign any rights, or delegate or subcontract any obligations, under this Agreement without our prior written consent. Any assignment in violation of the above shall be deemed null and void. We may freely assign our rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against you and us and the respective successors and assigns.

No Waiver:  The waiver by either you or us of a breach or violation of any provision in this Agreement shall not operate or be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights, or privileges. Failure to insist upon full performance of the obligations or failure to exercise rights under this Agreement shall not constitute a waiver as to future defaults or exercise of rights.

Governing Law: This Agreement shall be governed, construed, and enforced in accordance with the substantive laws of the State of Wisconsin, without regard to its choice of law provisions.

Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; and Miscellaneous Terms.

Contact Us: If you have any questions or concerns about this Agreement, please email us at support@oneplanetthriving.com. We will attempt to respond to your questions or concerns promptly.