The following terms and conditions govern the use of all websites owned by Whole New Inc, including but not limited to wholenewinc.com, wholenewathlete.com, and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Whole New Inc (WNI) DBA, Whole New Me, Whole New Athlete, and any other brands that might later be developed under the same ownership. The Website is offered subject to your acceptance without modification to any of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy), and procedures that may be published from time to time on this Website by WNI (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website.

By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WNI, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Account Security

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.  You must immediately notify WNI of any unauthorized access or uses of your account or any other breaches of security. WNI will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

When you participate in private or public groups on our website, post material, share links, or otherwise make content available through these groups (collectively referred to as "Content"), you are solely responsible for the content you provide and any consequences arising from it. By contributing Content, you represent and warrant that:Intellectual Property Rights: The downloading, copying, viewing, and use of your Content will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, or trade secret rights.

Employer Rights

If your employer holds rights to intellectual property you create, you have either: - (i) Obtained permission from your employer to post or make available the Content, including any software; or - (ii) Secured a waiver from your employer regarding all rights to the Content.

Compliance with Third-Party Licenses

You have fully complied with any third-party licenses related to the Content and have taken all necessary steps to pass through any required terms to end users.

Security

The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.

Spam and Unethical Content: The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites, boost search engine rankings, or further unlawful acts such as phishing or misleading recipients about the source of the material.Offensive Material: The Content is not pornographic, does not contain threats or incite violence toward individuals or entities, and does not violate the privacy or publicity rights of any third party.Advertising: Your posts are not used as advertising of your own or others’ products, programs, or services unless specifically allowed and communicated by WNI.Misleading Information: Your post is not used to mislead readers.

We reserve the right to monitor and remove any Content that violates these terms or is deemed inappropriate at our discretion.Without limiting any of those representations or warranties, WNI has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in its reasonable opinion, violates any of its policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in its sole discretion. WNI will have no obligation to provide a refund of any amounts previously paid.

By contributing Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute any Content viewed as a testimonial by WNI in connection with the operation and marketing of our website and services.

You retain the rights to your intellectual property and understand the risks of sharing such in public or private forums. By using the Website, you agree to the risks associated with this.For more detailed guidelines on acceptable use, please refer to our Community     Guidelines posted in any group to which you may have access.

Payment and Renewal

General Terms

By selecting a program or service, you agree to pay WNI (including its brands) the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable. Payments for physical products may be refundable or the item exchanged in the event of damage or the wrong item being sent. Specific terms for any particular brand, product or service will be stipulated on its sales page.

Automatic Renewal

Unless you notify WNI before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time by submitting your request to WNI in writing via the support information provided.

Payment Plans

Payment plans are limited-time payment options offered for convenience to the customer. The full payment of the product, program, or service is due upon purchase. The offer of a payment plan does not make full payment optional. A payment plan is not to be confused with a subscription which may be canceled at any time. A payment plan may not be canceled unless the balance due is paid in full or if it is approved in writing by WNI. Canceling a payment plan may result in debt-collection action

Responsibility of Website Visitors

By utilizing the Website, WNI does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. WNI disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to Website. WNI does not have any control over those non-WNI websites and webpages, and is not responsible for their contents or their use. By linking to a non-WNI website or webpage, WNI does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WNI disclaims any responsibility for any harm resulting from your use of non-WNI websites and webpages.

Copyright Infringement and DMCA Policy

As WNI asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Website violates your copyright, you are encouraged to notify WNI in accordance with its Digital Millennium Copyright Act (“DMCA”) Policy. WNI will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WNI will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WNI or others. In the case of such termination, WNI will have no obligation to provide a refund of any amounts previously paid to WNI.

Intellectual Property

This Agreement does not transfer from WNI to you any WNI or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with WNI. All associated logos, and all other trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of WNI or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WNI or third-party trademarks.

Partner Products

From time to time, WNI may offer partner products. By activating a partner product, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product through their support mechanisms.

Changes

WNI reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Changes will be communicated via email to the email address on file. Your continued use of or access to the Website following the notification of any changes to this Agreement constitutes acceptance of those changes. WNI may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

WNI may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have paid access, such account can only be terminated by WNI if you materially breach this Agreement and fail to cure such breach within thirty (30) days from WNI’s notice to you thereof; provided that, WNI can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

The Website is provided “as is”. WNI and its suppliers, brands, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither WNI nor its suppliers, brands, and licensors, make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will WNI, or its suppliers, brands, or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WNI under this agreement during the six (6) month period prior to the cause of action. WNI shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the WNI Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless WNI, its contractors, brands, and licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between WNI and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WNI, or by the communication by WNI of a revised version. Except to the extent of applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Castle County, Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New Castle County, Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to another party. WNI may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.