Terms and Conditions
Terms and Conditions – Last Updated and Effective as of 09/11/2022
Please read these Terms & Conditions prior to using www.sharniegrewal.com (the “Website”). This Website is owned and operated by You First Functional Wellness, LLC (“You First,” “we” “our,” “us”). The term “You(rs)” refers to you, the user of the Website. By using this Website, You are agreeing that You have read these Terms & Conditions, and that You fully understand and consent to its provisions.
“Use” of the Website includes visiting, viewing, or accessing the Website, and/or any content contained on, accessible through, or downloadable through this Website. Without limitation, this includes blogs, videos, and other material on, or available through the Website, whether available for free or by purchase, accessing our social media, or otherwise signing up to receive any emails or newsletters, You are voluntarily agreeing to these Terms & Conditions.
In order to use this Website, You must be at least eighteen years of age and have the ability to read and understand these Terms & Conditions. If You do not meet these criteria, do not use this Website.
Incorporated into these Terms & Conditions is our Privacy Policy and Liability Waiver.
If You have any questions about any of the provisions contained in these Terms & Conditions, You may contact us at skgrewal30@gmail.com
DISCLAIMER
This Website is provided for educational and informational purposes only, is NOT medical advice, is NOT intended to treat, diagnose, cure or prevent any disease, and is NOT intended to replace the advice you should receive from a licensed medical or health care professional. Seek the advice of Your physician or other qualified health care provider with any questions You have regarding a medical condition, and before taking any medication or nutritional, herbal or homeopathic supplement, undertaking any diet, exercise, or other health program, or making any medical or lifestyle changes. Never delay in seeking professional advice or treatment because of something contained within this Website. Any information and statements regarding dietary supplements or other statements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Changes to the Terms & Conditions
We reserve our right to change, modify, or update these Terms & Conditions at any time. All changes are effective immediately when posted, and apply to all use of the Website, as defined herein. In the event of any changes to these Terms & Conditions, we will notify via e-mail, all users that have previously provided their e-mail addresses to us, informing them of any and all changes. By continuing to use the Website after any such changes, You accept and agree to be bound by the Terms & Conditions as modified.
The Website Contains no Medical, Health, or Professional Advice
This Website is exclusively for educational and informational purposes. While we offer services in the field of functional wellness, any reference to such services on the Website are advertisements for the services. Your use of the Website does not constitute, in any way, the offering, acceptance, or provision of functional wellness services by us.
You First Functional Wellness, LLC, as well as its owners, officers, employees, contractors, members, managers, or affiliates will not be held liable for any errors or omissions on the Website, as well as any harm, physical, emotional, financial, or otherwise, that You may suffer as a result of Your failure to seek medical advice from a licensed medical or health care provider.
Nothing within this Website is intended as a substitute for medical or health advice from a licensed medical or health provider. The educational information on this Website is provided “as is” and does not constitute and cannot reasonably understood to be the practice of medicine, dietetics, psychiatry, psychology, psychotherapy, or providing any form of medical diagnosis, treatment, cure or prevention of any disease.
Intellectual Property Rights
This Website, and all of its contents, are protected by copyright, trademark, and patent law, where applicable. Your use of the Website, or Your viewing of any contents contained on, accessible through or downloadable through this Website, is provided to You as a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Website and its content, for Your own personal, non-commercial use, and NOT for ANY business or commercial use. Such license to You does not allow You to reproduce, adapt, or distribute, in any way, unless prior written consent is granted by us. Any unauthorized use of any materials found on this Website shall constitute infringement and theft and could result in criminal or civil penalties.
Furthermore, You agree and understand that You are not permitted to delete or alter any proprietary rights or attribution notices on or in the Website or any of its contents, products, or services such as the copyright notice © or trademark notice such as TM or ®.
Unlawful or Prohibited Use or Conduct
You agree that You will not use the Website in any way that causes or is likely to cause the Website or its contents, or access to them, to be interrupted, damaged or impaired in any way. You understand that You are solely responsible for all electronic communications and content sent from Your computer to this Website.
As a condition of Your use of the Website and its contents, You agree to use the Website and its contents only for lawful, legitimate, non-commercial purposes and that You will NOT use the Website or its contents for any purpose that is illegal, false, fraudulent or prohibited by these Terms & Conditions. You agree that You are strictly forbidden from using the Website or its contents in any of the following ways:
- In any manner that could damage, disable, overburden, or impair the Website or its contents or interfere with any other party’s use and enjoyment of the Website, or its contents;
- To conduct or carry out any unlawful, illegal, fraudulent or harmful activity or conduct activity with any such purpose;
- To send any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
- To send, negatively impact, or infect our Website or its contents with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To send or infect our Website or its with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not;
- To reproduce, duplicate, copy or resell any part of our Website or its contents in a way that is not in compliance with these Terms & Conditions or any other applicable terms of use to which You have agreed or any other agreement You have with us.
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or its contents to You.
Other Websites, Services, or Social Media
At times, we may provide links to third-party websites that are not under our control, including but not limited to, www.GetHealthie.com, www.livingmatrix.com, and www.youfirst.fmforlife.com. We are not responsible for any content on those websites and it is Your obligation to research any third-party website, particularly, prior to entering into any transaction or relationship with such third-party website, as well as reviewing the third-party websites’ terms, conditions, and privacy policies. We are not responsible for any loss, damage, or harm You may incur as a result of Your use of a third-party website.
No Guarantees or Warranties
You explicitly agree that We have not made any guarantees or warranties, in any shape, way, or form. The Website contains educational and informational statements and no promise of treatment, recovery, or success in any outcome, problem, or situation.
We may advertise successful outcomes of prior users of our functional wellness services, however prior results do not guarantee a similar outcome. We do not guarantee or warranty that any individual who engages us for functional wellness services will achieve any specific result or outcome.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL INFORMATION ON AND IN THE WEBSITE, AND ITS CONTENTS, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE, ITS CONTENTS, ITS PRODUCTS OR ITS SERVICES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF OUR WEBSITE AND ITS CONTENTS FOR ANY PURPOSE.
Assumption of Risk
By Using this Website, You accept personal responsibility for the results of Your actions and assume all risks as a result of Your actions. Notwithstanding any limitations by law, Your use, misuse or non-use of any information on this Website is at Your own risk, and You agree to take full responsibility for any harm or damage You suffer as a result of Your use, misuse, or non-use, of the information available on or in this Website and agree to hold us harmless of any liability or loss that You incur, whatsoever, and that Your agreement to hold harmless will transfer to Your heirs, assigns, and third-party beneficiaries, whether intended or unintentional.
Limitation on Liability
BY USING THIS WEBSITE AND ITS CONTENTS, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE YOU FIRST FUNCTIONAL WELLNESS, LLC its owners, officers, members, managers, employees, contractors, and affiliates FROM ANY AND ALL CLAIMS, to the maximum extent permitted by applicable law. Under no circumstances will YOU FIRST FUNCTIONAL WELLNESS, LLC, its owners, officers, members, managers, employees, contractors, or affiliates be liable for any damages of any kind, whatsoever, including, but not limited to direct, indirect, punitive, incidental, special, equitable or consequential damages or damages for loss of use, data or profits, or any other damages whatsoever, arising from Your use of, or inability to use, this website or its contents or any website or content linked from this website. This limitation of liability applies to all causes of action, whether based in contract, warranty, tort, negligence, strict liability or any other legal theories, to the maximum extent permitted by applicable law.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS CONTENTS, ITS PRODUCTS, OR ITS SERVICES, OR WITH THE TERMS & CONDITIONS, OR THE WEBSITE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, ITS CONTENTS, ITS PRODUCTS, AND ITS SERVICES.
Jurisdiction and Governing Law
This Website, and You Use of the Website, shall be governed by and construed in accordance with the laws of the State of Texas, as well as related U.S. Federal Laws, where appropriate, and without giving effect to conflict of laws principles.
By using this Website, You expressly agree to submit to the exclusive jurisdiction and venue of the state and Federal Courts of Harris County, Texas, and that You expressly waive any defense of forum non conveniens.
Indemnification
You agree to defend, indemnify and hold harmless You First Functional Wellness, LLC and its owners, officers, members, managers, employees, contractors, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) Your use of this Website in violation of these Terms & Conditions, (ii) any breach by You of these Terms & Conditions or any representation and warranty made by You herein, (iii) a violation by You of applicable law or any agreement or terms with a third party to which You are subject.
Severability & Waiver
If any portion of these Terms & Conditions is construed to be invalid, void, or unenforceable for any reason, the validity or enforceability of the remainder of the Terms & Conditions shall be given full force and effect.
Any failure by us to enforce or exercise any provision of these Terms & Conditions will not constitute a waiver of that right or provision and may not be construed as a waiver of any subsequent breach by You.
