Terms Of Use

Welcome to the www.pyliwellness.com (“us” “we” “our”) website (the “Site”). These Terms of Use (“Agreement”) governs your access to and use of the Site, including any content, functionality, and services offered on or through the Site.

I.  ACCEPTANCE OF TERMS

1. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement, our Privacy Policy (available at www.pyliwellness.com/privacy-policy), and any additional terms and conditions that may apply to use of  the Site. If you do not agree to these terms, you must immediately discontinue your access to and use of the Site.
2. We reserve the right, in our sole discretion, to modify, amend, or update this Agreement at any time. Any changes shall be effective immediately upon posting the revised Agreement on the Site. Your continued use of the Site following the posting of any changes constitutes your acceptance of such changes. We encourage you to review this Agreement periodically to stay informed of any updates.
3. We may modify, suspend, discontinue, or restrict the use of any portion of the Site, including the availability of any feature, database, or content, at any time, with or without notice or liability.

II. COMPLIANCE WITH LAWS AND REGULATIONS

1. Your use of the Site must comply with all applicable federal, state, and local laws, regulations, and ordinances, including those of the Commonwealth of Massachusetts, as well as the most stringent laws and regulations applicable to the operation of the Site worldwide, including but not limited to:
   
   1. The General Data Protection Regulation (GDPR) of the European Union;
   2. The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA);
   3. The Children’s Online Privacy Protection Act (COPPA);
   4. The Americans with Disabilities Act (ADA) and related accessibility standards; and
   5. Applicable data protection, privacy, and consumer protection laws in all jurisdictions where the Site is accessible.
2. You acknowledge that the Site is designed to comply with the most stringent legal requirements for websites accessible to the general public. We maintain a comprehensive compliance program that includes regular assessments, updates, and improvements to ensure ongoing adherence to evolving global legal standards.
3. We reserve the right to implement geoblocking or other access restrictions if necessary to comply with specific jurisdictional requirements or to mitigate legal risks in certain territories.

III. AUTHORIZED USE OF THE SITE

1. The Site is intended for personal, non-commercial use only, unless explicitly authorized in writing by us. You may not use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
2. You agree not to:
   
   1. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, including its content, without our express written permission;
   2. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
   3. Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
   4. Bypass any measures we may use to prevent or restrict access to the Site;
   5. Interfere with or disrupt the Site or servers or networks connected to the Site;
   6. Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful; and/or
   7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
3. We reserve the right to monitor your use of the Site to ensure compliance with this Agreement and to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including without limitation, reporting such users to law enforcement authorities.

IV. USER SUBMISSIONS AND STANDARDS

1. By submitting any text, images, reviews, comments, suggestions, ideas, or other content to the Site (“User Submissions”), you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such User Submissions in any form, media, or technology, whether now known or later developed, for any purpose, including commercial purposes.
2. You represent and warrant that:
   
   1. You own or control all rights in and to your User Submissions and have the right to grant the license granted above;
   2. All of your User Submissions comply with applicable laws and regulations;
   3. Your User Submissions do not infringe, misappropriate, or violate any intellectual property rights, privacy rights, publicity rights, or other rights of any third party;
   4. Your User Submissions do not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; and
   5. Your User Submissions do not include or contain any computer viruses, worms, or other potentially damaging computer programs or files.
3. We have implemented a content moderation system to review User Submissions for compliance with this Agreement. However, we do not guarantee that all User Submissions may be reviewed before they are posted. We reserve the right, in our sole discretion, to remove, edit, or reject any User Submissions at any time without notice.
4. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site provided by you to us are non-confidential and shall become our property solely.
5. DMCA Notice: If you believe that any content on the Site infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (DMCA). Your notice should include:

1. 1. A description of the copyrighted work you claim has been infringed;
   2. A description of the infringing material and its location on the Site;
   3. Your contact information;
   4. A statement that you have a good faith belief the use is unauthorized;
   5. A statement under penalty of perjury that the information is accurate; and
   6. Your electronic or physical signature.
   7. Notices should be sent to: info@sheehanlawoffice.net

V. INTELLECTUAL PROPERTY RIGHTS

1. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not:
   
   1. Modify copies of any materials from the Site;
   2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
   3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site;
   4. Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
3. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site shall cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us.
4. Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

VI. ACCOUNT MANAGEMENT AND TERMINATION

1. We may terminate or suspend your access to all or part of the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, without limitation, if we reasonably believe that:
   
   1. You have violated or acted inconsistently with the letter or spirit of this Agreement;
   2. You have provided false, misleading, or inaccurate information;
   3. You have engaged in conduct that could damage, disable, overburden, or impair the Site;
   4. Your use of the Site poses a security or legal risk to us, the Site, or any third party;
   5. You have used the Site in a fraudulent or unlawful manner;
   6. You have violated our intellectual property rights or those of any third party; and/or
   7. Termination or suspension is necessary to comply with applicable law or a legal obligation.
2. Upon such termination or suspension, your right to use the Site shall immediately cease, and you must destroy any copies of materials you have made from the Site. We shall maintain appropriate records of the basis for any termination or suspension decision to ensure fair and consistent application of these policies.
3. If you believe your access has been terminated or suspended in error, you may contact us at welcome@pyliwellness.com to request reinstatement. We shall review such requests in good faith but reserve the right to make final determinations regarding access to the Site.
4. Provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

VII. DISCLAIMERS AND LIMITATIONS

(The following terms affect your legal rights and limit liability. Please read carefully.)

A. Disclaimer of Warranties

1. The site is provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied. We hereby disclaim ALL warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
2. WE MAKE NO WARRANTY THAT (I) THE SITE SHALL MEET YOUR REQUIREMENTS, (II) THE SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE SHALL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE SHALL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE SHALL BE CORRECTED.
3. Any material downloaded or otherwise obtained through the use of the site is done AT YOUR OWN DISCRETION AND RISK, and you shall be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. Any advice or information, whether oral or written, obtained by you from us or through or from the site shall not create any warranty unless expressly stated in this agreement.

B. Limitation of Liability

1. In no event shall we, our affiliates, or our licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
2. The foregoing does not affect any liability which cannot be excluded or limited under applicable law. In jurisdictions where exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability is limited to the maximum extent permitted by law.
3. You specifically acknowledge and agree that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

VIII. LEGAL

A. Indemnification

1. You agree to defend, indemnify, and hold us, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
   
   1. Your violation of this Agreement;
   2. Your use of the Site, including, but not limited to, your User Submissions, any use of the Site’s content, services, and products other than as expressly authorized in this Agreement;
   3. Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; and
   4. Any claim that your User Submissions caused damage to a third party.
2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent.
3. This indemnification obligation shall survive the termination of this Agreement and your use of the Site.

B. Governing Law & Jurisdiction

1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.
2. Notwithstanding the arbitration clause set forth in Section VIII(C) below, either party may bring an action in a court of competent jurisdiction solely for the purposes of seeking preliminary or permanent injunctive relief or enforcing an arbitration award. Any such legal action shall be instituted exclusively in the state or federal courts located in the Commonwealth of Massachusetts, unless otherwise required by applicable law. You irrevocably consent to the exclusive jurisdiction and venue of such courts for these limited purposes and waive any objection to such jurisdiction or venue.
3. We also reserve the right to seek injunctive relief or enforce arbitration awards in any court of competent jurisdiction in your country of residence or any other relevant jurisdiction. You waive any and all objections to such proceedings, including but not limited to objections based on jurisdiction or venue.
4. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

C. Dispute Resolution

1. Any dispute arising out of this Agreement, which cannot be resolved by negotiation, shall be settled by binding arbitration in accordance with the Judicial Arbitration and Mediation (JAMS) Rules and Procedures amended by this Agreement. The cost of arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the parties unless the arbitration award provides otherwise, or unless a Party is found to be arbitrating in bad faith, then the bad faith party shall pay all fees/expenses. Each party shall bear the cost of preparing and presenting its case. Arbitration shall take place in Boston, Massachusetts or may be held remotely via video conference should all Parties agree to remote arbitration. The parties agree that this provision and the Arbitrator’s authority to grant relief shall be subject to the United States Arbitration Act, 9 U.S.C. 1-16 et seq. (“USAA”), the provisions of this Agreement, and the JAMS Code of Ethics for Arbitrators in Commercial disputes. The Arbitrator’s decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA. Nothing in this provision shall be construed so as to prohibit either party from seeking preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of a waiver. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. The prevailing party in any such dispute shall be entitled to an award of fees and costs, including attorney’s fees, as well as all other available forms of relief or damages.
2. You and we agree to waive any right to a jury trial or to participate in a class action. This agreement to arbitrate does not preclude either party from seeking preliminary injunctive relief in a court of law. You agree that any claims relating to this Agreement or your use of the Site shall be brought on an individual basis only and not as a plaintiff or class member in any purported class or representative proceeding.

IX. MISCELLANEOUS

A. Severability

1. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement shall continue in full force and effect.
2. The parties intend that each provision of this Agreement be interpreted in a manner that renders it valid and enforceable under applicable law. If any provision is found to be invalid or unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law.

B. Waiver & Entire Agreement

1. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. A waiver by us of any default shall not constitute a waiver of any subsequent default.
2. No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure on our part to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
3. This Agreement, together with the Privacy Policy and any other legal notices published by us on the Site, constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior agreements between you and us concerning the Site.

C. Changes

1. We shall post any changes to this Agreement on this page with a notice that the Agreement has been updated. If the changes are material, we shall provide additional notice, such as by sending an email notification to users who have provided contact information.
2. The date the Agreement was last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit the Site and this Agreement to check for any changes.

D. Accessibility

1. We are committed to making its Site accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and applicable provisions of the Americans with Disabilities Act (ADA).
2. If you encounter any accessibility issues or have suggestions for improving the accessibility of the Site, please contact us at welcome@pyliwellness.com.

E. International Use

1. The Site is controlled, operated, and administered by us from its offices within the United States. We make no representation that materials on the Site are appropriate or available for use at other locations outside the United States, and access to them from territories where their contents are illegal is prohibited.
2. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree not to use the Site or any content provided thereon in any manner that would violate any applicable local, state, national, or international law or regulation.
3. You agree not to use or access the Site if you are located in a country subject to U.S. export restrictions or sanctions, or if you are listed on any U.S. government list of prohibited or restricted parties. You further agree to comply with all applicable U.S. and international export control laws and sanctions in your use of the Site.

F. Language

1. These Terms of Use are written in English and are intended to be interpreted and enforced according to the English language. We do not provide translations of this Agreement. By using the Site, you acknowledge and agree that you understand and accept the English-language version of these Terms of Use.
2. Any translation of these Terms, if provided, is for convenience only. In the event of any conflict or discrepancy between the English version and a translated version, the English version shall control.

G. Contact Information

1. If you have any questions, concerns, or comments about this Agreement, please contact us at:

Pyli, LLC

171 Osborne Street,

New Bedford, MA 02740

welcome@pyliwellness.com

1. For legal notices, please send correspondence to:

Sheehan & Associates Law

140 N. Walker Street, Unit 513

Taunton, MA 02780

(781) 860-9593

info@sheehanlawoffice.net