Terms of Service Overview
This website is operated by Nancy Trunzo of Witch Way Wellness. Throughout the site and these Terms of Service, the terms “we”, “us”, “our”, refer to Nancy Trunzo and Witch Way Wellness. The offers on this website, including all information, tools, and services available from this site to you, the user (hereinafter referred to as “you” and “your”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our Service (referred to herein as the “Service” and/or “service”) and agree to be bound by the following terms and conditions (“Terms of Service” and/or “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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, under the laws of various jurisdictions, these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
All features or tools, including those newly added to the site or Service, shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Squarespace Inc. Our credit card processing service is provided by Stripe Inc. Together, these entities provide us with the online e-commerce platform and processing service that allow us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services and may result in appropriate legal action, if determined by us.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole discretion. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as-is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, including, but not limited to, our third-party credit and debit card processing service.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We 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 also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, whether at our request or without a request, you send certain specific submissions (for example contest entries) and/or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content and/or Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
IMPORTANT -- PLEASE READ AND UNDERSTAND THAT THIS PARAGRAPH LIMITS OUR LEGAL LIABILITY AND DISCLAIMS ALL WARRANTIES
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is' and 'as available' for your use, without any representation, warranties, and/or conditions of any kind, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement (collectively, “Warranty” or “Warranties”). By continuing use of this service, you specifically acknowledge that you understand and agree to our waiver of all Warranties.
In no case shall Nancy Trunzo and/or Witch Way Wellness , our directors, officers, employees, affiliates, agents, parent companies, subsidiaries, partners, related companies, contractors, interns, suppliers, service providers, subcontractors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation punitive damages, damages for injury (personal or otherwise), medical expenses, lost profits, lost revenue, lost savings, loss of data, replacement costs, and/or any other damages, whether based in contract, tort (including negligence), strict liability, or otherwise (collectively, “Liability” or “Liabilities”), arising from your use of any of the service or any products relating to our service, or for any other claim related in any way to your use of the service and/or any of our products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Nancy Trunzo and/or Witch Way Wellness asks that you use common sense with regard to the use and/or possession of our service and/or products. We recommend using appropriate safety measures, though we cannot guarantee that this eliminates all risks. For example (and this is not a comprehensive list), we may offer some products that are in part or in whole are antique or vintage or may contain antique or vintage parts, which may be delicate in nature. Certain accessories to our products, such as buttons, may present a choking risk. We may offer products that even under normal circumstances present some risk relating to fire. We state only that these products and/or services were intact and/or worked in our offices at the time of sale. Please understand that we make no promises of Warranty and you expressly agree that we have no Liability and/or we have offered no Warranty for any service and/or product whether based on product defects, products liability, consumer protection claims, and/or any other cause of action in law or equity, including, but not limited to, design defects, manufacture defects and/or flaw, construction defects, and/or defects in marketing and whether based on negligence, strict liability, breach of any Warranty, any statutory or constitutional claims, and/or any other cause of action without limitation. This paragraph is intended as an additional disclaimer and does not alter or otherwise limit the disclaimers and/or waivers of Warranties and/or Liabilities in the above paragraphs.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Nancy Trunzo and/or Witch Way Wellness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third-party relating to your use of the service and/or our products, and/or due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, and/or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services and thereafter cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Nancy Trunzo and/or Witch Way Wellness (including, but not limited to, any prior versions of the Terms of Service).
You expressly agree that any ambiguities in the interpretation of these Terms of Service shall not be construed against Nancy Trunzo and/or Witch Way Wellness.
SECTION 18 - GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, USA.
You expressly agree that any lawsuit and/or cause of action against Nancy Trunzo and/or Witch Way Wellness must be brought in the appropriate court in sited in San Mateo County, California, USA.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: Nancy Trunzo
Privacy Policy- WHAT DO WE DO WITH YOUR INFORMATION?
Purchases: When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we may also receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, we may send you emails about our store, new products, and other updates.
Nancy Trunzo and/or Witch Way Wellness will do its best to protect your privacy, including working with reputable third-party entities.
SECTION 2 - CONSENT
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no or opt out (i.e. an "unsubscribe" button) .
How do I withdraw my consent?
You may change your mind and decide to withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, by contacting us anytime.
SECTION 3 - DISCLOSURE
We may disclose your personal information, if we are required by law or court order to do so or if you violate our Terms of Service.
SECTION 4 - SQUARE SPACE
Our store is currently hosted on Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Some purchase may also be made through Paypal.
Our credit and debit payment processing is currently accomplished through Stripe, Inc., a third-party processing service (stripe.com) that allows us to accept your payment online.
Your data may be stored through Squarespace's, Paypal, and/or Stripe's data storage, databases, and the general Squarespace, Paypal, or Stripe application.
Payment:
If you choose a direct payment gateway to complete your purchase, then Stripe stores your credit card data. According to our best information, your data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data should be stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information should be deleted.
All direct payment gateways are required to adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to visit and review Squarespace's and/or Stripe's Terms of Service or Privacy Statement.
SECTION 5 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use, and/or disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 - SECURITY
To protect your personal information, we take reasonable precautions to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or, destroyed.
If you provide us with your credit and/or debit card information, the information is encrypted and stored with encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we do our best to follow applicable requirements and implement additional generally accepted industry standards.
SECTION 7 - COOKIES
Our website, and our third party service providers may use, a internet browser feature known as a cookie, which assigned a unique identification to your computer or device. Generally, cookies are stored on your computer's hard drive or mobile device.
At this point, we're focusing on designing high quality home furnishings and products, but wanted to make you aware that cookies are out there and we may someday use them.
SECTION 8 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 - CHANGES TO THIS PRIVACY POLICY
Nancy Trunzo and Witch Way Wellness reserves the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information email us anytime.
REFUNDS
Classes/Workshops: Refunds are for classes cancelled by the instructor or documented medical reasons only.
Personal Training & Health Coaching Terms and Conditions
1. Personal training sessions that are not rescheduled or canceled 24 hours in advance will result in forfeiture of the session and a loss of the financial investment at the rate of one session.
2. Clients arriving late will receive the remaining scheduled session time, unless other arrangements have been previously made with the trainer.
3. The expiration policy requires completion of all personal training sessions within 120 days from the date of the contract. Personal training sessions are void after this time period.
4. No personal training refunds will be issued for any reason, including but not limited to relocation, illness, and unused sessions.
24 Hour Cancellation Policy
An appointment for a session may cancel or change the time of the session provided that a minimum of 24-hours’ notice is given. You can make these changes by contacting Nancy [email protected]. Members will be charged for the full cost of the session on any late cancellations or no-show appointments.
Payments
Payment for sessions is required to be made by the client on or before the date of the session. If a member has no session inventory, charges for late cancellations or no show appointments for sessions will be charged to the client’s credit card on file under the membership agreement. In addition, charges for sessions which are used by a member but not otherwise paid for will be charged to the client’s credit card on the day the session is used.
Discounts
Nancy Trunzo and Witch Way Wellness may offer discounts to clients. These are non-transferable and non refundable.
