Terms of Use

The EXISTWELLNESS.COM website, including its subsites or connected social media accounts (“PLATFORM”) that display these terms, and all products, applications, mobile sites, features and services made available, displayed or offered by or through our website, subsites, or connected social media accounts (collectively, “CONTENT”) is owned and operated by Existential Wellness LLC, with office located at Statesville, NC. Your access and use of this CONTENT is subject to the following terms and conditions of use (“TERMS OF USE”) and all applicable laws. Existential Wellness LLC, together with its officers, agents, and employees (collectively, “Existential Wellness”), are collectively referred to in these TERMS OF USE as “we,” “us,” “our,” or other similar pronouns. Please read these TERMS OF USE carefully.

1. By accessing, browsing, or using our CONTENT, you acknowledge that you have read, understood, accepted, and agreed to these TERMS OF USE without limitation or qualification. If you do not agree to all of these TERMS OF USE, DO NOT access, browse, or use our CONTENT hereon.

2. Certain portions of our PLATFORM may be subject to additional terms and conditions specified by us from time to time; the use of our PLATFORM is subject to those additional terms and conditions, which are incorporated into these TERMS OF USE by this reference.

Privacy Policy. We respect our users’ privacy and our handling of their information is clearly described in our Privacy Policy. Please review and do not continue accessing, browsing, or using our CONTENT until you understand and agree with this privacy policy. By agreeing to these TERMS OF USE you are simultaneously agreeing to our privacy policy.

Eligibility. This site is not intended or designed to attract users under the age of 18 (“minor”) without the consent and supervision of their parent or legal guardian. If you are a minor, you may only use our PLATFORM and our CONTENT in conjunction with, and under the supervision of, your parent or legal guardian who has agreed to these TERMS OF USE. If you are a parent or legal guardian agreeing to these TERMS OF USE for the benefit of a minor, you are fully responsible for their use of our CONTENT, including all legal liability. By using our CONTENT therein, you represent and warrant that you have the right, authority, and capacity to enter into these TERMS OF USE and to abide by all of the terms and conditions set forth herein.

Legal and Medical Disclaimer. All information provided by Existential Wellness does not constitute legal or medical advice. No employee of Existential Wellness holds a license to practice medicine or provide medical advice or nutrition guidelines that could be construed as the medical advice. The users of our PLATFORM and our CONTENT are encouraged to seek legal counsel and medical approval from any and all legal and medical professionals trained, licensed, and certified in a relevant practice prior to attempting any wellness programming and especially before engaging in physical training of any kind. You and Existential Wellness agree that any legal disputes shall be limited to the suit, action, claim or dispute (“claim”) arising out of or relating to these TERMS OF USE, Privacy Policy, our PLATFORM, and our CONTENT will be between you and Existential Wellness, and shall be limited in accordance with the laws of the state of North Carolina, with the forum for any claim filed being Iredell County.

Accuracy. Although care has been taken in preparing our CONTENT, all CONTENT provided on our PLATFORM shall be understood as a starting point and is provided to the user “as-is”, “with all faults” and “as available”. CONTENT provided or suggested by Existential Wellness on our PLATFORM that originates from sources outside of Existential Wellness are not regularly monitored for accuracy or correctness. Access to and use of our PLATFORM and our CONTENT available thereon is at your own risk. Neither Existential Wellness nor any author or supplier contributing to this site is responsible for any errors or omissions in any CONTENT provided or the results and outcomes obtained from the use of such CONTENT.

Warranty. Existential Wellness cannot guarantee that our CONTENT will be safe, effective, or suitable for everyone. For that reason, all products, services, advice, programs, techniques, and materials embodied therein across all digital and analog media platforms and in-person are offered without warranties or guarantees of any kind, expressed or implied, and the users of our CONTENT disclaim any liability, loss or damages that may result from their use.

Limited Liability. You acknowledge and fully understand that engaging in wellness programming involves risks which include, but are not limited to, property damage, personal injury, serious illness, a change to current health status, permanent disability, or death. Other possible risks may include social and economic losses which might result not only from your actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the training area or any equipment. Further, that there may be other risks not known or not reasonably foreseeable at this time. You hereby assume full responsibility for all the foregoing risks, known and unknown, and accept the responsibility for the damages following any property damage, personal injury, serious illness, changes to current health status, permanent disability, or death.

Indemnification. You, on behalf of yourself, your family, your representatives, your heirs, and your assigns, understand the risks described herein and hereby voluntarily assume all risks and responsibilities surrounding their use of our PLATFORM and our CONTENT, and shall agree to indemnify, defend, protect, hold harmless, and release Existential Wellness from any and all liabilities, claims, loss, proceedings, damages, causes of action, costs or expenses, including attorney fees and witness fees, property damage, personal injury, serious illness, a change to current health status, permanent disability, death, arising from or in connection with, or caused by any act, failure to act, or negligence (except for claims or liability arising from the direct and independent gross negligence or misconduct of such parties) of such indemnifying party that I may sustain as a result of my participation in any provided wellness programming to the extent limited in accordance with the laws of the state of North Carolina whether such outcomes result from the negligence of such released parties or otherwise. This indemnification shall not be limited in any way, by any limitation on the amount or type of damages or compensation payable to, or for, the indemnifying party under workers’ compensation, disability benefits, or other employee benefit acts.

Severability/Waiver. If any provision of these TERMS OF USE is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these TERMS OF USE, which shall remain in full force and effect. The section headings used herein are for convenience only and shall not affect the interpretation of these TERMS OF USE. Our failure to exercise any right or remedy available upon your breach of these TERMS OF USE or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or(c) any right or remedy in connection with a subsequent breach or default on your party. No waiver of any of these TERMS OF USE shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.

Modifications. Existential Wellness may, in its sole discretion and without prior notice, (a) revise these TERMS OF USE; (b) modify our PLATFORM and our CONTENT, including the Privacy Policy; or (c) discontinue our PLATFORM and our CONTENT (in whole or in part) at any time. Existential Wellness shall post any revision to these TERMS OF USE to EXISTWELLNESS.COM, and the revision shall be effective immediately on such posting. You agree to review these TERMS OF USE and other online policies posted on the EXISTWELLNESS.COM website periodically to be aware of any revisions. You agree that, by continuing to use or access our PLATFORM and our CONTENT following notice of any revision or the posting of any revision, you shall abide by any such revision. When we change the TERMS OF USE or Privacy Policy in a material manner, we will update the ‘last modified’ date at the bottom of this page.

Assignment. We may assign these TERMS OF USE with or without notice to one or more third parties.

Complete Agreement. Except as expressly provided in any particular “legal notice”, these TERMS OF USE and our Privacy Policy constitute the entire agreement between you and Existential Wellness with respect to the use of our PLATFORM and our CONTENT.

Our Office. We are located in Statesville, NC.

For Additional Information. If you have any questions about these TERMS OF USE, please contact joe@existwellness.com.

Last Modified Date of these TERMS OF USE. February, 1st 2022.