PANS/PANDAS PowerTM Participant Program Terms of Service
Please read these Participant Terms of Service (the “Terms”) for PANS/PANDAS Power online program carefully. You must agree to these Terms before purchasing, enrolling in, accessing or using PANS/PANDAS Power Program (the “Program”), which is owned and operated by Wells Academy LLC (“Wells Academy”, “we”, “our” or “us”), wherever the Program is hosted, whether on a website operated by Wells Academy, or on a third-party website or other online course hosting website or platform. The term “you” refers to any purchaser, user and/or participant of the Program.
By purchasing or using the Program, you accept and agree to these Terms, and you are required to act in accordance with them, whether you have read them or not. If you do not want to agree to these Terms, you must not purchase or use the Program or any portion thereof.
These Terms state how you may use the Program, including any and all materials made available to you in the Program. This includes, without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”).
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Program and Program Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.
1. Information and Education Only; Not Medical Advice
This Program is for informational and educational purposes only and is NOT intended as and must not be understood as or relied upon in any way as, medical care or advice, the practice of medicine or naturopathic medicine, the practice of dietetics, the practice of mental health counseling including, without limitation, psychiatry, psychology, and psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, the Program is not intended to and does not diagnose, treat, cure, or prevent any disease or physical or mental medical condition. You should not rely on information or resources provided in this Program to self-diagnose or self-treat your child.
While Dr. Lindsey Wells, ND is a Naturopathic Doctor licensed in the States of Connecticut, Massachusetts, and Arizona, the Program is only educational, and no medical services are provided through the Program. Information presented in the Program is intended for a general audience and does not purport to be, nor should it be construed as, medical advice for any individual. Your enrollment in the Program, including your access to information provided in the Program or implementation of any information shared in the Program, DOES NOT create a doctor-patient relationship between you and Dr. Lindsey Wells.
You should not rely on the Program or Program Content as a substitute for the professional medical advice, diagnosis, or treatment from a qualified and licensed healthcare provider who is familiar with your and/or your child’s individual situation. Do not disregard, avoid, or delay obtaining medical advice from a licensed medical or healthcare professional because of something you have read, viewed, or heard on or in the Program or Program Content. Do not stop any of your/your child’s medications without consulting your/your child’s licensed healthcare professional. Always seek the advice of your/your child’s licensed healthcare provider with any questions you have regarding a medical condition or your/your child’s health and prior to changing any medications.
Because we expressly recommend that you seek advice from a licensed medical professional who has knowledge of the facts and circumstances of your/your child’s individual situation, the use of any information provided in the Program is solely at your own risk. Neither Wells Academy nor Dr. Lindsey Wells shall be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer because of failing to seek competent medical advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your and your child’s individual situation.
Information and statements in the Program regarding dietary supplements and products have not been evaluated by the US Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Program are not intended to diagnose, treat, cure, or prevent any disease. You should always consult with an appropriately qualified healthcare professional familiar with your child’s individual situation for information regarding which supplements may be appropriate for your child. Neither Wells Academy nor Dr. Lindsey Wells represent or warrant that any supplement is safe, appropriate, or effective for you or your child.
For the avoidance of doubt, this means that while Dr. Lindsey Wells may share information and education about topics such as labs, nutrition, dietary supplements, and lifestyle habits for children with PANS/PANDAS as well as self-care for caregivers, Dr. Lindsey Wells is NOT recommending you or your child take any specific supplements or other treatment. You always need to speak to your or your child’s doctor or licensed healthcare professional about what is right for you and your child.
2. Participants
The Program is intended solely for users who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms. By accessing or using the Program, you represent and warrant that you are at least 18 years old. Wells Academy and Dr. Lindsey Wells hereby disclaim all liability for use by individuals under the age of 18.
3. The Program
The Program is an ongoing one time fee subscription program. As a participant in the Program, you will receive:
- Six (6) pre-recorded modules related to PANS/PANDAS
- Key Tools, Resources, and bonuses compiled by Dr. Wells
Your access to all Program Content including for the lifetime of the Program
4. Program Subscription Fees, Payments, and No Refund Policy
a) Program Fees and Payment Policies
The current Program fee for access to the Program is $399.00 and payment is required in full at time of purchase.
Credit Card Authorization: By signing up for the Program, you give Wells Academy authorization to charge your credit card
You also agree that Wells Academy is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services) such as Stripe and others. Wells Academy cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies.
b) No Refund Policy
Your satisfaction with the Program is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, we have a NO REFUND policy. After your credit card is charged, NO refunds will be provided at any time and NO exceptions will be made.
Since there is a clear and explicit No Refund Policy in these Terms that you agree to prior to completing your purchase of the Program, Wells Academy does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card Wells Academy or the payment processor. In the event that a chargeback is placed on a purchase, or Wells Academy receives a chargeback threat during or after your purchase, Wells Academy reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.
5. Intellectual Property Rights
a) Ownership of Program Content and Dr. Lindsey Wells’ and Wells Academy’s Limited License to You
The Program, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by Wells Academy or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Program Content as well as these Terms.
When you purchase the Program or view or access any Program Content, Wells Academy and Dr. Lindsey Wells are granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money.
You are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person. If they would like access to the Program, they must purchase their own license to the Program separately.
This means that when you purchase the Program, you may watch, listen to, download and/or print Program Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or use any Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program and Program Content for publication or compilation into your own products, programs or services for business or commercial use or in any way that earns you or a third-party money.
Furthermore, you may not hypertext, frame, or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of Dr. Lindsey Wells, the owner of Wells Academy.
You understand that purchasing, downloading, printing, or otherwise using the Program and Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still Wells Academy’s and Dr. Lindsey Wells’ property.
Any trademarks and logos displayed on the Programs and Program Content are trademarks belonging to Wells Academy unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Dr. Lindsey Wells’ express written permission.
All rights not expressly granted in these Terms or any express written license, are reserved by Wells Academy.
b) Unauthorized Use and Infringement of Program Content
You understand and agree that your use of the Program Content other than as expressly authorized in these Terms or by a separate written consent or assignment of Wells Academy, is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense and Wells Academy reserves the right to prosecute for theft and to enforce Wells Academy’ rights to the full extent of the law.
You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms would cause irreparable injury to Wells Academy that may not be adequately compensated by damages, entitling Wells Academy to obtain injunctive relief, without bond, in addition to all legal remedies.
6. Materials Provided By You – Your License to Wells Academy; Use in Testimonials and Marketing.
When you voluntarily share any testimonials whether by video or in writing or complete any feedback forms provided by Wells Academy to share your testimonial of participating in the Program (each “your Testimonial” or collectively “your Testimonials”), you are granting Wells Academy permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, distribute, and/or publicly perform or display your Testimonial, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including, without limitation, for Wells Academy’s marketing, advertising or promotional efforts without any further permission from you or compensation by Wells Academy to you. You understand that this may be on social media platforms and the internet.
7. Confidentiality and Privacy
When you enroll in the Program, Wells Academy may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information (“Confidential Information”). By providing such Confidential Information to Wells Academy, you grant Wells Academy permission to use and store such information. In turn, Wells Academy will use best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms.
All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that Wells Academy may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms, (2) if required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on Wells Academy, (5) to protect and defend its rights or property or those of other users or purchasers of the Program, (6) to enforce these Terms, and/or (7) to act as immediately necessary in order to protect the personal safety of other users, purchasers, or the public.
8. Accessing the Program; Username and Password
During the registration process for the Program, you agree to provide true, accurate, current and complete information about yourself. To access the Program and/or certain features of the Program, you will need a username and password. You agree to keep your username and password to access the Program confidential. You are not permitted to share your username and/or password or access to your Program account with anyone at any time.
If Wells Academy has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, Wells Academy reserves the right to immediately suspend or terminate your account and your access to the Program including without limitation, Community Forum, group community calls, or any other related communications, and to refuse any and all current or future use of the Program or any Program Content, in whole or in part, without refund.
9. Personal Responsibility and Assumption of Risk
By accessing the Program or any Program Content in any way you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you or your child suffer as a result of your use, misuse or non-use, of the information available on or in the Program and/or Program Content. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything suggested or recommended on or in the Program or Program Content and you agree that you do so at your own risk. Neither Wells Academy nor Dr. Lindsey Wells is responsible for any damage you may suffer as a result of failing to seek competent advice from a licensed healthcare professional who is familiar with your and your child’s situation.
10. No Guarantees of Results
You acknowledge and agree that no results of use or participation in the Program are guaranteed, and that Wells Academy has not made any guarantees or warranties of any kind about the results of your participation in or use of any information in the Program. Your participation in the Program does not guarantee any success with your health or your child’s PANS/PANDAS, health, or otherwise. The Program and Program Content are for educational and informational purposes and are intended to solely to provide users of Program with education and tools to support health.
Any testimonials provided by individuals who have used the Program or worked with Dr. Lindsey Wells are truthful statements made by real people, but they do not guarantee or promise in any way that you might achieve the same outcome. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of Wells Academy and Dr. Lindsey Wells, participants of the Program or otherwise, are no guarantee that you or any other person will obtain similar results.
11. Errors and Omissions Disclaimer
Wells Academy has done its best to ensure that the Program and Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, Wells Academy cannot guarantee the complete and ongoing accuracy of such information. You acknowledge that the Program and Program Content may contain inaccuracies or errors and neither Wells Academy nor Dr. Lindsey Wells shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Program or Program Content or for any damage you may suffer as a result of failing to seek medical advice from a licensed healthcare professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in the Program and Program Content for any person.
12.Technology Disclaimer.
While the hope is that the availability and delivery of the Program is uninterrupted, Wells Academy cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates. To the fullest extent permitted by law, Wells Academy is not liable to you for damages or refunds, or any other recourse, should any of the Program, program site, or private Community Forum become unavailable or access to them becomes slow or incomplete due to any reasons, such as Kajabi system back-up procedures or upgrades, internet traffic volume, general network failures or delays, or any other cause which may from time to time make the Program inaccessible to you.
13.No Warranties
WELLS ACADEMY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM AND PROGRAM CONTENT. FURTHERMORE, WELLS ACADEMY MAKES NO WARRANTIES THAT THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE.
WELLS ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS OF THE PROGRAM AND PROGRAM CONTENT FOR ANY PERSON OR FOR ANY PURPOSE. THE PROGRAM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WELLS ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE PROGRAM AND ALL PROGRAM CONTENT. WELLS ACADEMY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM.
14. Limitation of Liability and Release of Claims
YOU AGREE TO ABSOLVE WELLS ACADEMY AND ITS OWNER DR. LINDSEY WELLS, AS WELL AS ITS EMPLOYEES, AGENTS, SUCCESSORS-IN-INTEREST, TRANSFEREES AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE PROGRAM AND PROGRAM CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WELLS ACADEMY OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR PARTICIPANT OF THE PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM AND PROGRAM CONTENT, OR WITH ANY OF THE TERMS, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND PROGRAM CONTENT.
BY PURCHASING OR USING OR THE PROGRAM AND PROGRAM CONTENT, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.
15. Affiliate Disclosure: Links and References to Third-Party Websites, Services and Products
The Program and Program Content may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Program, such as online supplement dispensary retailers, lab companies, or other sites (collectively, “Third-Party Sites”). The Third-Party Sites are not under the control of Wells Academy, and Wells Academy is not responsible or liable for any content of any Third-Party Site. These links are provided for your convenience to provide further information and to allow you find other products and services that you may find of interest.
We believe in honesty. If you purchase products from the links in the Program, we may receive a small commission for making the recommendation, while the cost of the product remains the same or less for you. We only link to products that we personally use and/or recommend. You may make your purchases from any vendor that you choose.
While we are committed to only affiliating with products and services that we believe will provide value, we make no warranties, guarantees, or representations as to the effectiveness or safety of such products or services.
16. Termination
We reserve the right in our sole discretion to refuse or terminate your access to the Program, in full or in part, and without refund, for violation of these Terms.
All of the terms of these Terms, including but not limited to, all intellectual property rights, disclaimers, limitations of liability, release of claims, and the No Refund Policy will still apply now and in the future, even after termination by you or Wells Academy.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut where Wells Academy is registered, regardless of the conflict of laws principles.
It is hoped that you will have no dispute with Wells Academy. However, should a dispute arise between you and Wells Academy, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Wells Academy via e-mail in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Fairfield County, in the State of Connecticut, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
By purchasing the Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to Wells Academy referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms.
18. Users Outside United States
Wells Academy controls and operates the Program from offices in the United States. Wells Academy does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
19. Severability
You expressly agree that these Terms are intended to be as broad and inclusive as permitted by the law of the State of Connecticut, and that if any portion of these Terms is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms and it shall not affect the validity or enforceability of the remainder of the Terms which shall be given full legal force and effect.
20. Waiver
Any waiver or forbearance by Wells Academy of any breach by you of any provision of these Terms shall not be construed as a waiver of any subsequent breach by you.
Contact and Questions:
If you have any questions about any term of these Terms, please contact Wells Academy at panspandaspower@gmail.com. Email will be answered within 2-3 business days, excluding weekends.
By clicking to agree to the “Participant Program Terms of Service” when signing up for The PANS/PANDAS Power, you are providing the electronic equivalent of your signature and agree that you have read, understood and agreed to the entire Terms. If you do not agree with the Terms, do not purchase the PANS/PANDAS Power Program.