Terms of Use and Conditions

Terms of Use and Conditions

By visiting puremodernwellness.com, you are consenting to the terms and conditions of Pure Modern Wellness, LLC (hereinafter “Pure Modern Wellness”) the Terms of Use for the personalized orofacial myofunctional therapy exercise program provided by Pure Modern Wellness, LLC and/or any of our referred contractors as they pertain to the program Please review this document before investing and using our services. The Program and its content are owned by Dana Crook + Pure Modern Wellness, LLC.

Overview

The terms “Company”, “We”, “I”, “Our”, or “Us” refers to Pure Modern Wellness, LLC. The term “Site” refers to puremodernwellness.com. The terms “You” “User” or “Your” refers to site visitors, potential clients and any other users of the site or purchaser and person using the Program. The terms “Service” or “Services” refers to general information provided to permit you to learn more about our business, our services and our orofacial myofunctional therapist, as well as information about what Orofacial Myofunctional Disorders are. The term “Program” refers to an individualized set of exercises given over a set number of weeks attempting to restore optimal oral rest posture. The terms “Participation”, “Participating”, “Using”, or “Use” means reading, implementing, attempting, or otherwise engaging in the Program. The terms “Orofacial Myofunctional Therapy” “Myofunctional Therapy” or “Orofacial Myology” means to make an effort to optimize oral rest posture through exercises. The terms “Orofacial Myofunctional Therapist” “Myofunctional Therapist” or “Orofacial Myologist” means a person who teaches exercises that attempt to optimize oral rest posture. Use of the service, including all information and educational materials presented herein by Pure Modern Wellness, LLC, is subject to the following Terms of Use and Conditions. These Terms and Conditions apply to all site visitors, potential clients, and all other users of the site.

Use Of the Site & Service

Materials on www.puremodernwellness.com contain general information only to permit you to learn more about us, our services, our program and our orofacial myofunctional therapist and resources for you to learn more about Orofacial Myofunctional Disorders. The information presented is not medical advice, is not to be acted on as such, and is subject to change without notice. To access or use the Site, Services, or Program you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using site, service or program unless accompanied by or clearance by a legal guardian who takes full legal responsibility.

Your Agreement and Consent

*Please review these Terms of Use and Conditions before using the website.* This is a legal agreement (the “Agreement”) between you (“You” or “Your”) and Pure Modern Wellness, LLC regarding your use of this website and non-medical services (Collectively, the “Website”). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, these Terms of Use and Conditions and the Privacy Policy for Pure Modern Wellness, LLC (the “Privacy Policy”). *If you do not understand this agreement, or do not agree to be bound by it or the Privacy Policy, or are not legally qualified to enter into contracts, you must immediately leave the website.* We may at any time and without further notice, revise this Agreement or the Privacy Policy by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to review this Agreement and the Privacy Policy periodically. *If at any time you find either unacceptable, you must immediately leave the website.* Unless Pure Modern Wellness, LLC obtains Your express consent, any revised Privacy Policy will apply only to information collected by us after such time as the revised Privacy Policy takes effect. Notwithstanding the foregoing, we may at any time and without notice, modify or discontinue the Website. You agree that Pure Modern Wellness, LLC shall have no obligation of any sort in connection with any modification or discontinuance of the Website. By using the Site, Services or Program, you agree to these Terms of Use and Conditions, without modification, and acknowledge reading them.

YOU UNDERSTAND THERE IS NO DENTAL HYGIENIST-PATIENT RELATIONSHIP BY USING THE SITE, SERVICES OR PROGRAM and NO MEDICAL OR DENTAL ADVICE CREATED BY WEBSITE. The information provided on the site and services is for educational and informational purposes only. It is not Medical or Dental advice. If you require medical or dental advice, consult a licensed professional practicing under their professional license.

DISCLAIMER

By using the Site, Service or Program, you understand that Dana Crook is an orofacial myofunctional therapist. Dana retains an active registered dental hygienist (RDH) license that is required to receive training in and completion of an orofacial myofunctional therapy program. In no way is Dana practicing or implying to practice dentistry, dental hygiene or using her professional license in any capacity when operating as a orofacial myofunctional therapist. Dana Crook is not your dental hygienist or dental provider and you do not have a medical or dental provider/patient relationship. While Dana is an orofacial myofunctional therapist she is not a medical doctor, dentist, dental hygienist, speech language pathologist, psychologist/psychiatrist, or other licensed, registered or recognized licensed providers of health care, nor is she a medical professional while using this Site, Services or Program.

Please note this Site and any links to any off-site pages or other sites from this site is at your own risk. This site is not responsible for the content of any off-site pages or any other sites linked to our site. Any material downloaded or otherwise obtained through the use of this site is done at your own risk and will not be responsible for any damage to your computer system or any loss of data that result from the use of this site. Site and Services are for informational and educational purposes only. The information and education provided in our Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis. The nature and purpose of orofacial myofunctional therapy is to optimize oral rest posture through a series of orofacial muscle exercises.

It is recommended and encouraged before beginning any wellness plan or orofacial myofunctional therapy Program, you notify your primary care physician or other licensed providers of healthcare of your intention to use our services, the nature of our Program to be provided, and any wellness plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed providers of health care about any possible drug interactions, side effects, risks or conflicts between any medications or treatments prescribed by your primary care physician or other licensed providers of healthcare of the wellness, oral rest posture training and exercise services you intend to receive. Pure Modern Wellness, LLC may not be held liable for unknown health risks associated with your health from our site, services or program.

No Warranty, Guarantees, or Representations:

We do not offer any representations, guarantees, or warranty, of any variety, regarding the Site, Services or Program in any way. The information presented on puremodernwellness.com and our Program is offered “ as is” and “as available”, without representations, guarantees, or warranties of any kind, to the extent permitted by law. Pure Modern Wellness, LLC does not represent or warrant that such information is or will always be current, complete, or accurate. We are not liable for damages of any kind related to your use of the Program.

Dana Crook can be reached directly by telephone at +1 (317)509-3016, or by email at Contact@puremodernwellness.com

Assumption of the Risk

IT IS HIGHLY ENCOURAGED YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN AND/OR DENTAL PROVIDER TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. By participating in the Program, you are assuming the risk of participating in it. We are not responsible or liable for your participation in the Program.

Modification of These Terms

Pure Modern Wellness, LLC reserves the right to amend the terms, conditions, and notices under which puremodernwellness.com is offered. We reserve the right to update any portion of our Site, Service, Program, including these Terms and Conditions at any time. By using puremodernwellness.com or sending us any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.

Licensing Status

By posting or submitting any material on our social media platforms or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you voluntarily submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, consent to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You may, however, at any time, ask us to delete this information. Your rights regarding this information can be found in our Privacy Policy.

You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

Descriptions of Services

While we try to be as clear as possible in explaining the service and program, please do not accept that the site is entirely accurate, current, or error free. From time to time we may correct errors in pricing or descriptions. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional(s).

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of our Site, Services or Program. Additionally, Dana Crook + Pure Modern Wellness, LLC is not responsible or liable for damages in connection with (i) directly or indirectly from your participation in the Program resulting in damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you.(ii) Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure (iii) Loss of revenue anticipated profits, business, savings, goodwill or data; and (iiii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Pure Modern Wellness, LLC cumulative liability to you exceed the total purchase price of the Service you have purchased from Pure Modern Wellness, LLC, and if no purchase has been made by you Pure Modern Wellness, LLC cumulative liability to you shall not exceed $100.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Use and Condition, or any use by you of the Site, Service, or Program. To the fullest extent permitted by law, Pure Modern Wellness, LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Dana Crook + Pure Modern Wellness, LLC from any and all claims. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Pure Modern Wellness, LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Dana Crook + Pure Modern Wellness, LLC as stated in this section herein.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of his Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This agreement constitutes the entire agreement between you and Pure Modern Wellness, LLC pertaining to the Site, Service and Program and supersedes all prior and contemporaneous agreements, representations, and understanding between us pertaining to the Site, Service and Program. No waiver of any of the provisions of this Agreement by Pure Modern Wellness, LLC shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

There are no other promises or conditions in any other agreement (oral or written) between you and Pure Modern Wellness, LLC.

Governing Law

If you have any complaint or should any issue arise in the use of the Program or www.puremodernwellness.com, please contact us directly first by emailing Dana Crook at Contact@puremodernwellness.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Pure Modern Wellness, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you are waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. The exclusion venue for any arbitration or court proceeding based on or arising out of this agreement shall be held in Marion county, Indiana.

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 Indiana. The only award that can be issued to you is a refund of any payment made to Pure Modern Wellness, LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

These Terms of Use shall be governed by the laws of the state of Indiana. Any action brought by any party arising out of or from these Terms shall be brought within the Indiana, County of Marion.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

Severability

The provisions of these Terms of Use and Conditions shall be deemed severable, and the invalidity, void or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

No Sharing of Program

You cannot distribute, copy, forward, and/or share the Program from Pure Modern Wellness, LLC or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

We request for permission to use our Content, or any other intellectual property or belonging to us, this should be made before you wish to use the Content by sending an email to Contact@puremodernwellness.com and we will write a response accordingly before you wish to share the content.

Property Ownership

The Program and its content, including, but not limited to, exercises, program handouts, files, and sessions are intellectual property owned by Pure Modern Wellness, LLC. Any violations of this term, and all terms contained herein, will be legally pursued.

If you view, submit forms, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a Licensee, you understand and acknowledge that the Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that the Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. You may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

When you use our site, services or Purchase our Program, you agree that: (i)You will not copy, duplicate or steal our Website or Content. You understand that doing anything with our Website or its Content that is contrary to these Terms and Conditions and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft. (ii)You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained. (iii)You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work. (iiii) We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Digital Millennium Copyright Act

We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by you or an agent authorized to act on your behalf to contact@puremodernwellness.com.

Results

Nothing in this agreement promises or implies that proper oral rest posture will be achieved or any orofacial myofunctional disorders, other than proper oral rest posture, will be directly treated or attempted to be remedied. Possible remedy or improvement of orofacial myofunctional disorders may result if proper oral rest posture is achieved or optimized. We will try our best to instruct our clients how to achieve proper oral rest posture, however, due to the multifactorial nature of the Program including client health status, dedication to the exercise regimen, and follow through with referrals to other wellness specialists and/or healthcare providers, personal results and outcomes may vary. The Orofacial Myofunctional Therapist’s role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. The Orofacial Myofunctional Therapist cannot predict, nor can they guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through the Site, Services or Program.

Our Refund Policy

We will do everything within our ability (and within reason) to ensure your satisfaction. The Orofacial Myofunctional Therapist expects that the Client will do the same. Refunds for the Program will not be issued. If, for any reason, the Orofacial Myofunctional Therapist is unable to fulfill her obligations to the Client, the Client will be refunded in full for any part of the Program paid for but not yet rendered. If you have any questions or concerns, please email Dana Crook at Contact@puremodernwellness.com.

Payment

When you pay for the Program by credit card, you authorize and give permission to Pure Modern Wellness, LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchants, who may have privacy policies or security practices that are different from ours. Pure Modern Wellness, LLC is not responsible for the merchant’s independent policies or practices.

Our Refund Policy

If you have any questions about the Terms of Use, please contact Dana Crook at contact@puremodernwellness.com. Thank you.