Terms of use
Last Updated September 9, 2024
By engaging with Actualize Wellness through its programs, website, materials, any mobile application and transactions (collectively “Services”) you agree to abide by the terms contained in this Agreement. By accessing and using the Services, you agree to be bound by the terms and conditions of this Agreement. DO NOT ACCESS THE SERVICES IN ANY WAY IF YOU DO NOT AGREE TO THESE TERMS OF USE.
Your License to Use Services
Actualize Wellness grants you a limited, revocable, non-exclusive and non-transferable license to access our Services. Except as otherwise provided in this Agreement, no part of Actualize Wellness’s website, mobile applications, programs, materials, or other content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to non-authorized users without the prior express written consent of Actualize Wellness. Any use of the Services in excess of this license is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Services and termination of your participation with Actualize Wellness.
Your access to Services is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or products we provide on the Services without notice.
You may not interfere with the presentation or delivery of the content on the Services or try to access the Services using any method other than the interface and the instructions that we provide.
As a condition of accessing the Services, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services other than as expressly allowed under this Agreement; (b) use Actualize Wellness’s name or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose; (d) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (e) otherwise interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
System Availability
You must provide the equipment and Internet connections necessary to access the Services at your own expense. We do not guarantee that the Services will operate with your computer, mobile device, or any other piece of equipment or software.
There may be times when the Services are unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Services will be available at all times or is completely free of human or technological errors.
The Services may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
Electronic Communication
You agree to receive communication from Actualize Wellness electronically via the email you provided. Actualize Wellness may also communicate with you via telephone or text message for scheduling and other purposes. You understand that there is a risk that the electronic, telephone, and text communications may be compromised, unsecured, and/or accessed by an unintended third-party. If you do not wish to receive communications electronically or via telephone or text, please advise your behavior analyst.
Participant Content
Some features of the Services may allow you to provide content to the Services, such as written comments. This content is shared publicly on the Services. Therefore, all content submitted by you to the Services may be retained by us for as long as we require it even after you terminate use. We may continue to disclose such content to third parties.
You agree to use the Services in accordance with all applicable laws. You agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Services:
Content that defames, harasses, or threatens others
Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities
Content that you do not have the right to disclose including protected health information that you do not have a right to disclose
Material that contains obscene (i.e., pornographic) language or images
Advertising, promotional materials, or any form of commercial solicitation
Content that impersonates or attempts to impersonate another Participant
Content that otherwise harms other Participants
Content that is otherwise unlawful or that violates any applicable local, state, national or international law
Actualize Wellness does not routinely screen or monitor content posted by users to the Services, but reserves the right to remove Prohibited Content of which it becomes aware
You are responsible for any content you post to the Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your name and home address. Under no circumstances will Actualize Wellness, its owners, employees, or staff or your behavior analyst(s) be liable in any way for your content or for any loss or damage of any kind incurred as a result of the use of any of your content.
Third Party Links
Our Services may link to third-party websites and other outside services. You are subject to those third-party services’ privacy policies when you leave our Services.
Reference to any specific third-party company, product or service is not an endorsement or recommendation by Actualize Wellness. Actualize Wellness is not responsible for the content of third-party website.
Information Disclaimer
This information provided by Actualize Wellness does not replace professional medical advice, diagnosis, or treatment. If you have questions about a medical condition, always seek the advice of a doctor or other qualified health professional.
Privacy Policy
This Privacy Policy does not apply to information collected by any third parties, which maintain their own privacy policies and procedures. By using any of the Services, you consent to the terms of this Privacy Policy.
Personal Information
We may collect personal information from you or from other sources through your use of the Services. This information may be directly provided by you, such as information that you provide when you visit the Services, or information that is passively or automatically collected from you, such as information collected from your browser or device. The personal information we collect may identify you directly (e.g., your name). We also collect certain information that does not identify you directly, but in certain circumstances could allow you to be identified indirectly (e.g. certain technical data associated with devices that you use to interact with the Services).
Disclosure of Information
Actualize Wellness only shares personal information with affiliated companies or service providers required to provide better service to you. These companies need your information to perform their service function (such as to process and fulfill your order, verify your credit card information, and to protect you from fraud). We may also share information with specially chosen companies that help us with marketing. We may engage vendors to serve advertisements on our behalf and to provide analytics services. These vendors may collect certain technical or other information (e.g. clickstream information, browser type, time and date, hardware/software information, cookie ID, IP address, etc.) when utilize our Services, and may use that information to provide advertisements about goods and services that are deemed to be of greater interest to you.
Actualize Wellness also reserves the right to use or disclose information as needed to satisfy any law, regulation or legal request, to fulfill your requests, to cooperate in any law enforcement or similar investigation, or to conduct any internal investigation or similar function we deem appropriate to protect our business.
Information Security
Actualize Wellness uses technical and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your information. Safeguards include data encryption, physical access controls, and administrative informational controls. No system or network can be guaranteed to be 100% secure; as such, we recommend that you help us keep your information safe by taking reasonable steps such as keeping your passwords private, changing them from time to time, and not disclosing personal data in places that can be accessed publicly.
“Cookies” and Advertisers
The Website, third-party streaming services, and the servers of companies that are used to operate the Website and streaming applications, may place “cookies” on your computer or device, store data in your computer browser or access features on your mobile device in order to allow you to use the Services and to personalize your experience. A “cookie” is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer or device. Cookies and browser storage allow us to recognize your computer or device and help customize your online experience and make it more convenient for you. Cookies and browser storage are also useful in allowing more efficient log-in for users, tracking transaction histories, and preserving information between sessions. The information collected from cookies and browser storage may also be used to improve the functionality of the websites and applications.
Children’s Privacy
The Services are directed toward and designed for use by persons aged thirteen (13) or older. Actualize Wellness will not approve applications of or establish or maintain registrations for any child who Actualize Wellness knows to be under the age of thirteen (13). Actualize Wellness does not solicit or knowingly collect personally identifiable information from children under the age of thirteen (13). If Actualize Wellness nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Actualize Wellness otherwise has reason to believe is, under the age of thirteen (13), Actualize Wellness will delete such information from its systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from our files by requesting this via our Contact page.
If you have reason to believe that child under the age of thirteen (13) has provided personal data to us without parental consent, please contact us using any of the methods described in the “Contact” section of this Policy, and we will endeavor to delete that data from our systems.
California Residents
This section supplements our Policy with additional information for California residents only. The California Consumer Privacy Act (“CCPA”) provides specific protections and rules with respect to California’s own definition of “Personal Information,” which includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information includes any health data that we may collect. As noted above, we collect information that you provide directly when you register for or use the Services, user credentials that you supply directly when you register for or update your login information to use the Services, demographic data, payment data, device data, usage data, location data, information about your interests and preferences, third party integrations, and other third-party data.
California Residents only have the right to request that we delete or correct any of your Personal Information. In some circumstances we may not be able to honor your request for deletion or correction – for example, if we need to hold on to your information to protect the security or functionality of our operations, to service your account, or to comply with legal obligations. We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against your for exercising your rights under the CCPA.
Disclaimer and Limitation of Liability
Actualize Wellness does not warrant and hereby disclaims any warranties, either express or implied, with respect to the adequacy or purpose of the Services and information obtained from Services or links. Actualize Wellness does not warrant that Services will meet Participants’ expectations or achieve the intended purposes and does not guarantee any result. Actualize Wellness does not warrant that Services will operate in an uninterrupted or error-free manner or that Services are free of viruses or other harmful components. You acknowledge and agree that your access to or use of the Services or any information provided therein is at your own risk.
Except as prohibited by law, you agree that Actualize Wellness, its owners, employees, and staff will not be liable for any loss or damage arising out of or relating to this Agreement or your use or inability to use the Services.
General Legal Terms
If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable. We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
Subject to Disclaimer and Limitation of Liability section above, in any dispute with us, your sole remedy is to stop using the Services. This includes any dispute related to, or arising out of: (a) any term of this Agreement or our enforcement or application of this Agreement; (b) any of our policies or practices or our enforcement or application of these policies; (c) the content available on the Services or any change in content provided by us; (d) your ability to access or use the Services; or (e) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You agree that the laws of the State of Colorado govern this Agreement and any claim or dispute that you may have against us, without regard to Colorado’s conflict of laws rules. Any claims will be resolved by a court located in Denver County, Colorado.
Changes to the Terms of Use and this Privacy Policy
Actualize Wellness may update its Terms of Use and Privacy Policy from time to time without notice to users. We will post the updated terms on our website. Your continued use of the Services after any changes to the Terms of Use or Privacy Policy are in effect constitutes your acceptance of revisions to the same.
Contact Us
If you have any questions or comments, please contact us at kait@actualizewellness.net.