Terms of Use

2. Eligibility and Account Registration

Age and Legal Capacity

To use our Services, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Have the legal capacity and authority to enter into binding agreements
• Not be prohibited from using our Services under applicable law

Account Information

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Immediately notify us of any unauthorized use of your account
• Be fully responsible for all activities under your account

We reserve the right to suspend or terminate accounts with false, inaccurate, or incomplete information.

3. Permitted and Prohibited Uses

Permitted Uses

You may use the Website and Services solely for:

• Participating in wellness classes and programs offered by The Folded Leaf & Wellness
• Accessing content and features available to registered users
• Communicating with us regarding our Services

Prohibited Uses

You may not:

• Use the Services for any unlawful purpose or in violation of applicable laws
• Upload, transmit, or distribute any harmful, threatening, defamatory, or inappropriate content
• Interfere with or disrupt the Website or Services
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated means to access the Website without permission
• Violate any intellectual property rights
• Engage in any activity that could harm our reputation or business interests

4. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, images, videos, and software, is the property of The Folded Leaf & Wellness or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

5. Privacy and Data Protection

Privacy Policy Integration

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, available at https://thefoldedleafwellness.com. By using our Services, you consent to the practices described in our Privacy Policy.

Data Protection Officer

The Folded Leaf & Wellness has designated a Data Protection Officer ("DPO") responsible for overseeing our data protection practices and ensuring compliance with applicable privacy laws. You may contact our DPO regarding:

• Privacy-related questions or concerns
• Data subject rights requests
• Data protection compliance matters
• Privacy incident reports

Contact Information for DPO:

• Email: nina@thefoldedleafwellness.com
• Address:
  1020 Bridge Road,
  Charleston, WV 25314,
  United States

The DPO will respond to inquiries within the timeframes required by applicable law, typically within 30 days of receipt.

6. Payment Terms and Refund Policy

Pricing and Payment

• All prices are listed on the Website and subject to change without notice
• Payment is due at the time of purchase or registration
• We accept payment methods as displayed during checkout
• You are responsible for all applicable taxes and fees

Refund and Cancellation Policy

• No refunds: are provided for completed purchases, memberships, or classes
• Class Credits: If you cancel a class with proper notice, your account will receive credit
• No-Shows: No refunds or credits will be issued for missed classes without prior notice
• Memberships: All memberships are binding contracts and cannot be terminated after purchase
• Subscription Cancellation: Recurring memberships may be cancelled before the next billing cycle

Pricing Errors

We reserve the right to correct pricing errors and may cancel orders placed at incorrect prices.

7. Services Modification and Termination

We reserve the right to:

• Modify, suspend, or discontinue any aspect of our Services at any time
• Change features, content, or availability without notice
• Set usage limits or restrictions on Services
• Terminate or suspend access for any reason, with or without notice

8. Assumption of Risk and Liability Waiver

Acknowledgment of Risk

BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING LIABILITY RELEASE:

Participation in wellness activities, including but not limited to fitness classes, yoga, meditation, and other physical or mental wellness practices offered by The Folded Leaf & Wellness, carries inherent risks of injury or harm.

Voluntary Participation and Assumption of Risk

I acknowledge that:

• I am voluntarily participating in wellness activities at my own risk
• Activities may involve physical and mental challenges that carry potential risks including but not limited to: physical injury, psychological injury, pain, suffering, illness, disability, paralysis, death, and economic or emotional loss
• Risks may arise from my own actions, others' actions, facility conditions, equipment, or other circumstances
• I assume all risks, both known and unknown, associated with participation

Release and Waiver

I hereby release, waive, and discharge The Folded Leaf & Wellness, its officers, directors, employees, agents, contractors, affiliates, successors, and assigns from any and all claims, demands, or causes of action arising from my participation in activities, including but not limited to claims for:

• Personal injury or property damage
• Negligence (to the extent permitted by law)
• Breach of contract or warranty
• Any other legal theory of recovery?

Indemnification

I agree to indemnify and hold harmless The Folded Leaf & Wellness from any claims, damages, costs, or expenses (including attorney fees) arising from my participation in activities or violation of these Terms.

Medical Care and Insurance

I agree to:

• Be financially responsible for any medical care or treatment required
• Maintain appropriate health insurance coverage
• Consult with healthcare providers before participating if I have health concerns

This waiver is binding on my heirs, executors, administrators, and assigns.

9. User-Generated Content

If you submit any content to our Website or Services, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.

You represent and warrant that any content you submit:

• Is your original work or you have necessary rights to submit it
• Does not violate any third-party rights
• Complies with applicable laws and these Terms

10. Indemnification

You agree to defend, indemnify, and hold harmless The Folded Leaf & Wellness and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:

• Your use or misuse of the Website or Services
• Your violation of these Terms or applicable laws
• Your violation of any third-party rights
• Any content you submit or transmit

11. Disclaimers and Warranties

Service Availability

We provide the Website and Services on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free service.

Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOLDED LEAF & WELLNESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Health and Fitness Disclaimer

Our wellness programs and content are for general informational purposes only and do not constitute medical advice. Consult with healthcare professionals before beginning any fitness or wellness program.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOLDED LEAF & WELLNESS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.

Our total liability for any claims shall not exceed the amount you paid us in the 12 months preceding the claim.

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of West Virginia, without regard to conflict of law principles.

Jurisdiction and Venue

Any disputes arising from these Terms or your use of our Services must be brought in the courts of West Virginia, and you consent to the exclusive jurisdiction and venue of such courts.

Time Limitation

Any cause of action must be commenced within one (1) year after the claim arises.

Alternative Dispute Resolution

Before filing any lawsuit, the parties agree to attempt to resolve disputes through good faith negotiation. If unsuccessful, disputes may be resolved through binding arbitration in accordance with the rules of West Virginia law..

14. Termination

Your Right to Terminate

You may terminate your account at any time by contacting us or following the account closure process on our Website.

Our Right to Terminate

We may terminate or suspend your access immediately, without prior notice, for:

• Violation of these Terms
• Illegal or harmful conduct
• Protection of our rights or interests
• Any other reason we deem appropriate

Effect of Termination

Upon termination:

• Your right to access the Services ends immediately
• Outstanding payment obligations remain due
• Provisions that should survive termination will continue in effect

15. Third-Party Links and Services

Our Website may contain links to third-party websites or services. These links are provided for convenience only. We do not endorse or assume responsibility for third-party content, privacy practices, or terms of service. You access third-party sites at your own risk.

16. Copyright and Intellectual Property

DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe material on our Website infringes your copyright, please contact us with:

• Your contact information
• Description of the copyrighted work
• Location of the allegedly infringing material
• Statement of good faith belief that use is not authorized
• Statement that information is accurate and you are authorized to act
• Your electronic or physical signature

DMCA Contact: 1 (304) 344 - 9642

17. Accessibility

The Folded Leaf & Wellness is committed to making our Website accessible to all users. If you experience accessibility issues, please contact us so we can assist you and improve our Services.

18. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Folded Leaf & Wellness regarding use of our Website and Services.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Waiver

Our failure to enforce any provision does not constitute a waiver of our rights to enforce that or any other provision in the future.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms at any time without notice.

Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, or network failures.

19. Contact Information

For questions about these Terms or to contact our Data Protection Officer, please reach out to us:

By using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.