TERMS OF USE
Effective Date: July 16, 2025
Last Updated: July 16, 2025

1. AGREEMENT TO TERMS
   Welcome to Wellness by Mariela, operated by Mariela Wellness LLC DBA Wellness by Mariela ("Company," "we," "us," or "our"). These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the Company governing your access to and use of our websites (www.wellnessbymariela.com, www.transformationvault.com, www.after35podcast.com), digital products (e.g., courses, ebooks, guides), physical products (e.g., books, merchandise), coaching services (1:1 or group), memberships, newsletters, blogs, podcasts, forums, communities, and any other related offerings or features (collectively, the "Services").

By accessing, browsing, registering for, purchasing, or otherwise using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Disclaimer, and any other policies or notices incorporated by reference (collectively, the "Agreement"). If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Services and must immediately cease any interaction with them.

Our Services are intended for users who are at least 18 years of age (or the age of majority in your jurisdiction, if higher). If you are under 18, you may not use the Services without the express consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

2. SERVICES OFFERED
   We provide the following Services, subject to availability and these Terms:

• Digital Products: Downloadable or online-accessible guides, ebooks, programs, PDFs, videos, quizzes, and other educational content.
• Physical Products: Books, wellness materials, merchandise, or other tangible items shipped to you.
• Courses & Memberships: Self-paced or structured online learning programs, including access to modules, resources, and exclusive content; memberships may include recurring access to courses, newsletters, communities, workshops, Q&As, and updates.
• Coaching Services: Personalized 1:1 coaching or group sessions focused on wellness education, goal-setting, and support (not medical or therapeutic advice).

We reserve the right to modify, suspend, or discontinue any Service (or part thereof) at any time without notice or liability. Descriptions of Services are for informational purposes only and do not constitute warranties.

3. USER RESPONSIBILITIES & PROHIBITED CONDUCT
   You are responsible for:

• Providing accurate, current, and complete information during registration, purchases, or interactions.
• Maintaining the confidentiality of your account credentials and notifying us immediately of any unauthorized use.
• Complying with all applicable laws, regulations, and these Terms.
• Ensuring your use of the Services does not infringe on third-party rights.

You agree NOT to (and not to permit others to):

• Use the Services for any unlawful, fraudulent, harmful, or unauthorized purpose.
• Post, upload, share, or submit any content that is false, misleading, defamatory, obscene, offensive, invasive of privacy, or infringing on intellectual property rights.
• Engage in spamming, phishing, scraping, data harvesting, or any automated access (e.g., bots, scripts) without our prior written consent.
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Services.
• Resell, redistribute, sublicense, copy, modify, or create derivative works from our content, products, or Services without express written permission.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Interfere with or disrupt the Services, servers, or networks (e.g., via viruses, denial-of-service attacks).
• Use the Services to transmit harmful code, malware, or unsolicited communications.
• Harvest or collect personal information from other users without consent.

Violation of these prohibitions may result in immediate termination of your access, account suspension, content removal, and/or legal action, including referral to law enforcement. We reserve the right to investigate and take appropriate action against violations at our sole discretion.

4. PAYMENTS, SUBSCRIPTIONS & REFUNDS
   A. Payments
   All payments for Services are processed securely through third-party providers (e.g., Stripe, PayPal, Kajabi Payments). You agree to provide accurate billing and payment information and authorize us (and our processors) to charge your provided payment method for all applicable fees, taxes, and charges. Prices are in USD and exclude taxes, duties, or shipping fees (for physical products), which you are responsible for. We reserve the right to correct pricing errors or change prices at any time, but changes will not apply to orders already placed.
5. Subscriptions & Automatic Renewals
   Certain Services (e.g., memberships) are subscription-based and automatically renew at the end of each billing period (monthly or annually) unless canceled. You may cancel anytime via your account settings or by contacting [email protected], but cancellations are effective at the end of the current billing cycle—no prorated refunds. Failure to pay may result in suspension or termination.
6. Refund Policy
   Refunds are handled on a case-by-case basis and are not guaranteed. Generally:

• Digital Products & Courses: Refunds available within 7 days of purchase if less than 10% of the content has been accessed or downloaded (e.g., no more than introductory modules viewed). No refunds after this period due to the non-returnable nature of digital content.
• Memberships: No refunds for partially used periods. You may cancel future renewals, but fees for the current cycle are non-refundable.
• Coaching Services: Refunds available within 24 hours of booking if no session has occurred. No refunds after sessions begin.
• Physical Products: Refunds within 30 days for unopened items (less shipping/return costs). Damaged items may be exchanged.

To request a refund, contact [email protected] with your order details. We reserve the right to deny refunds for abuse (e.g., repeated requests) or violations of these Terms. All refunds are processed within 10-14 business days to the original payment method.

5. INTELLECTUAL PROPERTY & LICENSE RESTRICTIONS
   All content, materials, designs, text, graphics, videos, audio, courses, coaching materials, trademarks, logos, and other elements of the Services (collectively, "Content") are owned by us or our licensors and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content for your personal, non-commercial purposes only (e.g., viewing courses for individual learning). This license does not include any right to:

• Copy, reproduce, distribute, publicly display, or create derivative works from the Content.
• Resell, rent, lease, share, or commercially exploit the Content (e.g., no group viewing or sharing access).
• Use the Content for any competitive purpose or to develop similar products/services.
• Remove, alter, or obscure any copyright, trademark, or proprietary notices.

Unauthorized use of the Content may violate intellectual property laws and result in account termination, legal action (including injunctions, damages, and attorneys' fees), and reporting to authorities. If you believe any Content infringes your copyright, submit a DMCA notice to [email protected] with required details (per 17 U.S.C. § 512(c)(3)).

6. MEDICAL AND HEALTH DISCLAIMER
   Please refer to our full Disclaimer (incorporated herein by reference) for detailed terms. In summary: We are not healthcare providers, and our Services do not constitute medical, diagnostic, therapeutic, or professional health advice. All Content is for general educational purposes only. Consult a qualified healthcare professional before applying any information from our Services, especially if you have medical conditions, are pregnant, nursing, or taking medications. You assume all risks associated with using our Services, and we disclaim any liability for health-related outcomes.
7. LIMITATION OF LIABILITY & INDEMNIFICATION
   A. Limitation of Liability
   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, HEALTH OUTCOMES, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

1. Indemnification
   You agree to indemnify, defend, and hold harmless the Company, its owners, officers, directors, employees, affiliates, agents, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (i) your violation of these Terms; (ii) your misuse of the Services; (iii) your infringement of third-party rights; (iv) any content you submit or post; or (v) your reliance on or application of information from the Services. This indemnification survives termination of these Terms.
2. USER-GENERATED CONTENT & COMMUNITY ENGAGEMENT
   If our Services allow you to post, upload, or share content (e.g., comments, forums, testimonials, or community discussions), you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display such content for operating and promoting the Services. You represent that your content is accurate, non-infringing, and complies with these Terms and applicable laws.

We are not responsible for user-generated content and disclaim all liability for it. We reserve the right (but not the obligation) to monitor, edit, or remove any content at our sole discretion, without notice, for any reason (e.g., violations, offensiveness). You assume all risks associated with interacting with other users or content.

9. DISPUTE RESOLUTION & GOVERNING LAW
   These Terms and any disputes arising from or related to them or the Services shall be governed exclusively by the laws of the State of Florida, United States, without regard to conflict of law principles.

You agree to first attempt to resolve any disputes informally by contacting us at [email protected]. If unresolved within 30 days, disputes shall be resolved through binding arbitration in Florida under the rules of the American Arbitration Association (AAA), rather than in court (except for small claims). Arbitration shall be conducted on an individual basis only—no class actions, consolidated actions, or representative proceedings. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction. You waive any right to a jury trial or participation in class actions. Notwithstanding this, we may seek injunctive relief in Florida courts for intellectual property violations or other urgent matters.

10. MODIFICATIONS & TERMINATION
    We may update these Terms at any time. Changes will be effective immediately upon posting, with the "Last Updated" date revised. Your continued use constitutes acceptance. If changes materially affect your rights, we may provide notice (e.g., via email).

We reserve the right to terminate or suspend your access to the Services, without notice or liability, for any reason (e.g., violations, non-payment, or inactivity). Upon termination, your license to use the Content ends immediately, and you must cease all use. Provisions that by nature survive termination (e.g., liability waivers, indemnification, IP rights) shall remain in effect.

11. MISCELLANEOUS

• Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, pandemics, cyber-attacks).
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in full force. The invalid provision shall be reformed to reflect the original intent.
• No Waiver: Our failure to enforce any right does not waive it.
• Entire Agreement: These Terms, along with incorporated policies (e.g., Privacy Policy, Disclaimer), constitute the entire agreement, superseding prior understandings.
• Electronic Communications: You consent to electronic notices (e.g., email) as valid and binding.
• Assignment: We may assign these Terms without your consent; you may not assign without our written approval.

12. CONTACT INFORMATION
    For questions or concerns regarding these Terms, contact us at:
    Mariela Wellness LLC DBA Wellness by Mariela
    Email: [email protected]
    Mailing Address: 3118 Cortona Dr., Melbourne, FL 32940
    Phone: 321.338.2167

By using our Services, you affirm that you have read, understood, and agree to these Terms in full. If you do not agree, you must not use the Services.