Terms of Service
By checking the box next to this Terms of service, and by agreeing to become a member of We Shine Well, (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly become a member of We Shine Well to be provided with services rendered by We Shine Well (hereinafter “We Shine Well”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with We Shine Well, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration, founding members agree to a membership with payment required monthly to be a We Shine Well member. In exchange, We Shine Well agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.
MEMBERSHIP SITE OUTLINE
Client agrees and understands that they are becoming a member of We Shine Well, offering educational resources, group calls, and a community of like-minded female entrepreneurs in the wellness space.
Client acknowledges that they have read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in We Shine Well as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on We Shine Well’s website.
We Shine Well is not to be considered a substitute for personalized business, medical, or legal advice. We Shine Well is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside of We Shine Well.
PROMOTIONS AND BONUSES
We Shine Well may offer promotions, bonuses, or other offers from time to time in connection with your We Shine Well membership, promoting one or more aspects of your We Shine Well membership, or offering new or current members additional amplification opportunities, or taking any other action as decided by We Shine Well. Any promotion which offers new or additional products or services may include additional terms and conditions that must be agreed to prior to becoming eligible for any such promotion or offering. Should Client enter into a membership with We Shine Well as a new member through any such promotion, bonus, or other offering, such Client will agree to these Terms of service, as well as any additional terms and conditions associated with the promotion or bonus.
We Shine Well also reserves the right to increase or decrease the price of We Shine Well for future members, and/or edit the deliverables, and that the price for current members may increase in the future, in the sole and absolute discretion of We Shine Well.
CONFIDENTIALITY
Client understands he or she is becoming a founding member of We Shine Well with the first year being free of charge with payment required hereinafter. Following Client’s purchase and access to We Shine Well, Client will have gained access to various resources and intellectual property of We Shine Well, including but not limited to materials such as verbal, written, and video insights, mindset guidance, and/or other information that may become available for use through Client’s participation in We Shine Well. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a membership to We Shine Well. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through We Shine Well, and agrees that he or she will be in violation of these Terms of service if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without express written permission of We Shine Well.
Should Client breach this provision and disclose confidential or proprietary information belonging to We Shine Well, Client understands additional action may be taken by We Shine Well up to and including legal action.
TESTIMONIALS
We Shine Well may request Client provide a testimonial to be published on We Shine Well’s website, or on various sales materials for We Shine Well or another Program created by We Shine Well. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between We Shine Well and Client if Client refuses testimonial.
If Client accepts and provides We Shine Well with a testimonial, Client understands the material, along with a photo of Client, can be published on We Shine Well’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming We Shine Well’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting We Shine Well an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to We Shine Well as part of a Testimonial.
Client gives We Shine Well an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, including but not limited to the We Shine Well membership group, Instagram comments, Instagram DMs to We Shine Well, and Zoe Kelsey. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by We Shine Well in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for We Shine Well.
PAYMENT AND PAYMENT PLANS
Members agree to monthly membership fees to be a We Shine Well member. Client understands they will be charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below. Client understands he/she is responsible for the full payment each month or year, and agrees to pay the sum requested electronically, via We Shine Well’s website or a designated third-party payment processor of We Shine Well’s choosing, in full. If Client has joined We Shine Well during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, Client will be charged the regular retail cost, for a quarterly or annual membership; whichever Client selects.
Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client’s access to We Shine Well may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due, We Shine Well will continue to attempt to charge Client via the membership site software; if and when payment goes through, Client will again receive full access to the membership site.If payment is not collected, Client’s access will remain restricted, and Client will carry a balance on their account, showing the month(s) owed. Client must bring their account completely current in order to be granted access. If payment continues to be unsuccessful after sixty (60) days, Client membership shall be revoked and permanently canceled. Should Client wish to rejoin We Shine Well, after this period, they must do so at the current price membership is being offered, which We Shine Well reserves the right to increase at any time for future launches.
We Shine Well reserves the right to cancel Client’s access to We Shine Well should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands they are not entitled to a refund of funds already issued to We Shine Well for access to their We Shine Well membership.
PAUSING MEMBERSHIP: Client may elect to “pause” a membership one (1) time throughout membership, by following these procedures:
Email hello@weshinewell.com with your one-time request to “pause” membership more than two (2) business days prior to Client’s scheduled billing date. If approved, Client will not be charged for the following three (3) consecutive months only. Client may request one (1) additional pause of three (3) months by emailing the above email address again, for a total of six (6) months, before quarterly membership will automatically begin again.
If Client cannot make payments following this six (6) month pause, Client must cancel membership to avoid being charged.
If Client fails to request an additional three (3) month pause with two (2) business days’ notice and is charged after the initial 3 month pause, this amount may not be refunded or canceled. Client must request the pause prior to the billing date in order to receive consideration for a membership pause.
GIFTED MEMBERSHIPS. From time to time, We Shine Well may offer current clients the opportunity to gift an annual membership to We Shine Well upon their application being approved. If Client elects to gift a membership, he/she/they understand that agreement to these Terms of service will apply to their gifted membership as well, regarding payment, refunds, and the terms and conditions outlined in this section 4(e).
All gifted memberships will be sold as final sale, with no refunds available once purchase has been completed.
Client may only gift an annual membership; quarterly memberships will not be available to gift.
Client MUST gift the membership within six (6) months of the date of purchase, or he/she/they will lose the gifted membership, and will not receive a refund.
Client will not be automatically billed or charged for the gifted membership, only his/her/their own membership.
RECIPIENTS OF GIFTED MEMBERSHIPS. If you as the client are the recipient of a gifted membership to We Shine Well, you understand and agree to these Terms of service in full, and specifically the foregoing:
Client will have six (6) months from the date of receipt to activate and begin using your membership to We Shine Well, or it will be deactivated, and no longer available for use.
Client will receive notification via email of their gifted membership, and must create an account in order to activate a membership into We Shine Well, which includes providing We Shine Well with a credit card to keep on file for future automatic billing.
Following the term of the gifted membership, Client’s card will be charged the current annual membership rate. If Client wishes to cancel the membership or update his/her/their membership to quarterly, Client may do so by contacting We Shine Well at hello@weshinewell.com and follow the cancellation instructions below.
By creating an account and using We Shine Well membership, you as the Client confirm you have read and agree to these Terms of service in full. By continuing to use We Shine Well, you continue to agree to these Terms of service in their most updated form.
AUTO-RENEWAL AGREEMENT
Client understands and agrees that continued access to We Shine Well requires recurring quarterly or recurring annual payments that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins We Shine Well on July 5th of the month via an annual membership, they will continue to be charged on July 5th each year thereafter.)
If Client elects to be charged quarterly: by purchasing access to We Shine Well, and agreeing to these Terms of service, Client understands he/she will be automatically charged each quarter via the same card or manner in which the initial payment was made, for the following quarter of membership to We Shine Well. This process will repeat each quarter unless and until Client properly cancels his or her membership. If Client elects to be charged annually: by purchasing access to We Shine Well, and agreeing to these Terms of service, Client understands he/she will be automatically charged each year via the same card or manner in which the initial payment was made, for the following year of membership to We Shine Well. This process will repeat each year unless and until Client properly cancels his or her membership
CANCELATION POLICY: If Client wishes to cancel their membership, Client must do so at least 14 days prior to the charge scheduled to withdraw. Any requests for cancellation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following quarter.
HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to hello@weshinewell.com with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon We Shine Well’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 14 days away.
As outlined above, if Client cancels his or her membership less than 14 days before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next quarter (or year, if billed annually), and the cancelation will take effect following this. Should this occur, Client will have access to We Shine Well for the quarter (or year) in which Client paid, with membership terminating at the end of the last paid quarter/year.
If Client purchased access to We Shine Well during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
REFUND POLICY
We Shine Well is not able to offer refunds once Client has purchased access to We Shine Well for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership or otherwise unable to view it in its entirety, he or she may reach out to customer service at hello@weshinewell.com or may elect to Cancel via the CANCELATION POLICY outlined above, and will not be charged for subsequent quarters (if billed quarterly) or years (if billed annually).
Client further agrees and understands that changing his/her mind about the We Shine Well, failing to follow through or understand the details of the We Shine Well, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Client to a refund.
TECHNOLOGY
We Shine Well is not responsible for any specific technology you may need in order to adequately view and utilize We Shine Well. Client’s inability to access We Shine Well due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy above.
We Shine Well discourages sharing membership accounts, and encourages every individual to purchase their own Membership Site account. However, if business partners decide to share an account, only one individual will be granted access to the membership portal, and emails will be sent to one email address only.
VOLUNTARY PARTICIPATION
Client understands and agrees that he/she is voluntarily choosing to enroll in We Shine Well and is solely responsible for any outcomes or results. While We Shine Well believes in the services and that We Shine Well is able to help many people, Client acknowledges and agrees that We Shine Well is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in We Shine Well and any results therein.
Client also understands she will have the opportunity to provide We Shine Well with additional personal information, viewable to all We Shine Well members, including but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in We Shine Well for choosing to complete or not complete the additional information. Client understands this information will only be viewable to others inside the We Shine Well, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that We Shine Well is not responsible for any negative results from such information dissemination.
DISCLAIMER / NO GUARANTEES
While many of We Shine Well’s experience wonderful benefits from the content contained in We Shine Well, We Shine Well cannot guarantee results from any of the content on We Shine Well, and cannot make any representations or guarantees regarding individual results. Client will hold We Shine Well harmless if he or she does not experience the desired results.
Client understands that all services provided by We Shine Well are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to access We Shine Well’s community and work with We Shine Well on a purely voluntary basis and does not hold We Shine Well responsible should Client become dissatisfied with any portion of the We Shine Well community.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of their We Shine Well membership, as long as We Shine Well delivers as described in the Addendum below.
Client also agrees to hold We Shine Well harmless should any physical, emotional, or financial injury occur as a direct or indirect result of We Shine Well’s membership. The content provided by We Shine Well on its website and within the We Shine Well community portal is comprised of resources and may or may not be useful to Client in his/her personal business or life. Client understands We Shine Well cannot guarantee results from We Shine Well, and has no expectation of a specific result that he or she holds We Shine Well responsible for.
Earnings Disclaimer: We Shine Well also does not make any guarantees or assurances regarding a particular financial outcome based on being a member of We Shine Well. Any information or testimonials regarding past or current clients’ participation in programs, or working with We Shine Well contained on Website or in sales material that contain financial information are individual, and results may vary.
NOT MEDICAL OR PROFESSIONAL ADVICE: The purpose and goal of We Shine Well is to provide Client with monthly education and amplification opportunities. We Shine Well and content shared within We Shine Well is not to be considered personalized business, medical, legal, or financial advice, and nothing within We Shine Well is intended to provide or act as a substitute for mental health treatment. We Shine Well encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to be members of We Shine Well will have done any additional research necessary and has concluded that what We Shine Well offers is right for them.
WE SHINE WELL “BENEFITS” SECTION
Inside We Shine Well, Clients will have access to a “Benefits” page that includes offerings, deals, and coupon codes for some of We Shine Well’s favorite brands. Client understands that We Shine Well is not responsible nor liable should Client elect to utilize any products or services within the “Benefits” section of We Shine Well, and any such decision to do so is wholly voluntary and outside the scope of We Shine Well. The Benefits section is no more than a recommendations list of products and services We Shine Well likes and/or uses, which may or may not be useful to members of We Shine Well.
If We Shine Well has any material relationship with any products, services, or companies (including but not limited to affiliate relationships allowing We Shine Well to collect a commission for any products or services purchased through these links), such material relationship will be disclosed on or near the link to each Company, identifying it as an “affiliate” link. Those marked with “affiliate link” notations means We Shine Well is an affiliate of this company, and will receive financial compensation should Client elect to purchase the product or services offered.
INTELLECTUAL PROPERTY
Client agrees and understands that We Shine Well has created numerous original, creative works in connection with We Shine Well, and agrees that We Shine Well maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in We Shine Well, whether created prior to working with Client or specifically for Client, including but not limited to: documents, emails, products, systems, processes, handouts, worksheets, copy, and any other original work created by We Shine Well. Client agrees they may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with We Shine Well. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from We Shine Well to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of We Shine Well.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by We Shine Well or obtained through working with We Shine Well, without We Shine Well’s express written consent. If such behavior is discovered or suspected, We Shine Well reserves the right to immediately end Client’s participation in We Shine Well without refund, as well as access to any We Shine Well or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: We Shine Well’s Limited License to Client: Client understands that in purchasing a We Shine Well membership, she/he is gaining access to view all content and information available as part of We Shine Well. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by We Shine Well. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through We Shine Well without written permission by We Shine Well;
Post, distribute, copy, steal or otherwise use any portion of the We Shine Well or its content, or information obtained via other members in the group without written permission by We Shine Well, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by We Shine Well as part of We Shine Well or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by We Shine Well was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
INDEMNIFICATION
Client agrees at all times to defend, fully indemnify and hold We Shine Well and any affiliates, agents, team members or other party associated with We Shine Well harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of We Shine Well, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in We Shine Well. Should We Shine Well be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit We Shine Well’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by We Shine Well, free of charge.
DISPUTE RESOLUTION
Should a dispute arise between We Shine Well and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold We Shine Well responsible for any specific results, or those results which have been achieved by other client of We Shine Well.)
If unable to reach a resolution informally, Client and We Shine Well agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and We Shine Well agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
APPLICABLE LAW
This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.
AMENDMENTS
This agreement may be amended or modified from time to time, as We Shine Well membership is updated, laws or regulations change, or as desired by We Shine Well. Client understands and agrees that he/she will abide by the most recent version of these Terms of service, and will check back periodically as needed. Should We Shine Well make any large changes to these Terms of service, you as the Client will be notified, and given an opportunity to cancel your membership should you refuse to agree to the updated Terms. Otherwise, your continued membership in We Shine Well will serve as confirmation of your agreement to the updated terms.
WE SHINE WELL MEMBERSHIP OUTLINE ADDENDUM
Client understands, monthly membership fees are required to be part of We Shine Well. While the below is subject to change, at the time of purchase, We Shine Well includes access to the following:
The We Shine Well membership, including all content and resources that have been created since inception of the Membership.
Monthly calls with experts and thought leaders, relevant to We Shine Well members.
Monthly “Shine circles” hosted by members to learn from each other in specific areas of focus aligned with members’ goals.
Ad hoc exclusive amplification opportunities aligned with members’ goals.
Access to an exclusive community only for We Shine Well members.
Additional resources, guides, and services as created by We Shine Well.
PAYMENT
MONTHLY: I authorize We Shine Well to send instructions to the financial institution that issued my card to take payments from my card account in accordance with the terms of my agreement with you. Monthly memberships agree to a minimum 6 month commitment. By signing up for a monthly membership with a 6 month commitment, each member agrees to a minimum of 5 automatic renewals of membership.
*Memberships will be auto-renewed every month. Memberships are a bi-annual commitment and non-refundable, however, if you choose to cancel beforehand, you may, and you will continue to have access to the site until the end of your membership term. If you do not wish to be charged before your auto-renewal, you must cancel at least 14 days prior to the renewal date.