Please read these terms carefully before using our services.
Important Notice: Living Wholistically is a holistic wellness coaching service. The information, programs, and content provided are for educational and wellness purposes only. Nothing on this website or within any program constitutes medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider before making changes to your health routine. If you are experiencing a medical emergency, call 911 or your local emergency services immediately.
By accessing this website, purchasing a program, booking a call, submitting an intake form, or using any services provided by Living Wholistically ("Company," "we," "us," or "our"), you ("Client," "you," "your") agree to be bound by these Terms and Conditions in their entirety. If you do not agree to all terms set forth herein, you must immediately discontinue use of our services.
These Terms constitute a legally binding agreement between you and Living Wholistically, operated by Maleeah Jay. You represent and warrant that you have the legal capacity to enter into this agreement and that you are at least eighteen (18) years of age.
We reserve the right to revise these Terms at any time. Revisions are effective upon posting. Your continued use of our services after any revision constitutes your acceptance of the updated Terms.
This is our most important section — please read it carefully and in full.
Living Wholistically provides holistic health coaching, herbal wellness guidance, breathwork, meditation, and nutritional support. We are not medical doctors, licensed dietitians, licensed therapists, psychologists, or licensed healthcare providers of any kind. The services we provide do not constitute the practice of medicine, nursing, dietetics, psychology, or any other licensed healthcare profession. Nothing we share should be interpreted as medical advice, diagnosis, or treatment, and nothing herein creates a physician-patient, therapist-client, or any other licensed professional relationship.
Emergency Services: Our services are not a substitute for emergency medical care. We are not equipped to respond to medical, psychiatric, or any other emergency. If you believe you are experiencing a medical emergency, you must call 911 or your local emergency number immediately. Do not contact us in lieu of contacting emergency services.
By engaging with our services, you acknowledge, agree, and represent that:
Our services are available exclusively to individuals who are eighteen (18) years of age or older. By using our services, you represent and warrant that you meet this age requirement. We do not knowingly provide services to minors. If we discover that a client is under the age of 18, we reserve the right to immediately terminate the service relationship and issue any applicable refund at our sole discretion.
Living Wholistically offers the following services, each subject to these Terms:
We reserve the right to modify, suspend, reschedule, or discontinue any service, program, or product at any time with or without notice. We will use reasonable efforts to notify active paying clients of material changes to services they have already purchased. Such modifications shall not give rise to any liability on our part.
All prices are listed in United States Dollars (USD). Full payment is due at the time of purchase unless a written payment plan has been explicitly agreed upon in advance.
Due to the immediately accessible and non-returnable nature of digital products, all sales are final and non-refundable. No refunds, exchanges, or credits will be issued once a digital product has been delivered, accessed, or downloaded. By completing your purchase of a digital product, you expressly consent to immediate delivery and acknowledge that you waive any right of withdrawal or cancellation.
The following refund policy applies to all coaching programs:
By completing any purchase, you confirm that you have read, understood, and expressly accepted this refund policy.
To maintain a productive, safe, and legally sound coaching relationship, and as a material condition of accessing our services, you agree to:
You voluntarily assume all risks, known and unknown, associated with your participation in any Living Wholistically program or service, including but not limited to physical discomfort, emotional responses, reactions to herbal or nutritional protocols, or experiences arising from breathwork and meditation practices.
To the fullest extent permitted by applicable law, you hereby release, discharge, and hold harmless Living Wholistically and Maleeah Jay, together with their respective heirs, successors, assigns, affiliates, employees, contractors, and agents (collectively, "Released Parties"), from and against any and all claims, demands, damages, losses, costs, or liabilities of any kind or nature, whether known or unknown, arising from or relating to your use of our services or your participation in any program.
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, actions, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) any misrepresentation made by you, including false or incomplete health history information; or (e) any third-party claims arising from your actions or omissions in connection with our services.
All content provided through this website and our programs — including but not limited to text, graphics, photographs, audio recordings, guided meditations, breathwork protocols, nutrition plans, herbal formulation recommendations, PDFs, videos, course materials, methodologies, and any proprietary systems or frameworks — is the exclusive intellectual property of Living Wholistically and Maleeah Jay and is protected by United States and international copyright, trademark, and other applicable intellectual property laws.
We treat all information shared within the coaching relationship — including your personal health information, goals, personal circumstances, and session content — with strict confidentiality. We will not disclose your personal health information or session content to any third party without your prior explicit written consent, except where disclosure is required by applicable law, court order, or to prevent imminent harm to you or others.
In return, you agree to treat all proprietary methods, protocols, frameworks, systems, and materials shared during your program as confidential and not to disclose, reproduce, or share them with third parties.
Testimonials and client results shared on this website and in our marketing materials reflect individual experiences only. They are illustrative and not guarantees of results. Your individual results will vary.
By voluntarily submitting a testimonial, review, or written statement to us, you grant Living Wholistically a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, edit, adapt, publish, and display your feedback and likeness (if provided) in connection with our marketing and promotional materials across all media, both current and hereafter developed. You waive any right to inspect or approve such use. You represent that your testimonial is truthful and based on your genuine experience.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIVING WHOLISTICALLY, MALEEAH JAY, OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, PERSONAL INJURY, EMOTIONAL DISTRESS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH:
IN ANY EVENT, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY. TO THE EXTENT SUCH LIMITATIONS ARE PROHIBITED, THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR JURISDICTION.
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY RESULTS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, OR ACHIEVE ANY PARTICULAR HEALTH OR WELLNESS OUTCOME.
We reserve the right to terminate or suspend your access to our services immediately and without prior notice if you:
In cases of termination for cause, no refund will be issued. Termination does not relieve you of any payment obligations that arose prior to termination.
You may terminate your participation in a program by providing written notice to us. Termination by you does not entitle you to a refund except as expressly set forth in Section 6.
We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, civil unrest, government action, power or internet outages, or other events of force majeure. In such circumstances, we will use commercially reasonable efforts to resume performance as soon as practicable and to provide reasonable make-up accommodations to active program clients.
We encourage you to contact us first at maleeahjay@livingwholistically.com to resolve any concern. We will make good-faith efforts to resolve disputes informally within thirty (30) days of receiving written notice.
Binding Arbitration: If a dispute cannot be resolved informally, you and Living Wholistically agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or our services shall be resolved exclusively by final and binding arbitration, rather than in court. Arbitration shall be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Louisiana, or via telephone/video at your election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: YOU AND LIVING WHOLISTICALLY EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. All disputes must be brought in an individual capacity only.
Exception: Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.
Opt-Out: You may opt out of arbitration by sending written notice to maleeahjay@livingwholistically.com within thirty (30) days of first accepting these Terms. If you opt out, disputes shall be resolved in the state or federal courts located in Louisiana and you consent to personal jurisdiction in those courts.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Louisiana, United States of America, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 17, you consent to the exclusive jurisdiction of the state and federal courts located within Louisiana for any matters not subject to arbitration.
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect and shall be construed to give effect to the original intent of the parties.
No waiver by Living Wholistically of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with our Privacy Policy and any written agreements, intake forms, or program agreements separately executed between you and us, constitute the entire agreement between you and Living Wholistically with respect to the subject matter hereof and supersede all prior or contemporaneous negotiations, discussions, representations, warranties, or agreements, whether oral or written, between the parties relating to such subject matter. No representation, statement, or inducement not contained herein shall be binding on either party.
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By agreeing to these Terms, you also agree to our Privacy Policy. Please review it at livingwholistically.com/privacy.
We reserve the right to update or modify these Terms and Conditions at any time. When we do, we will update the "Last Updated" date at the top of this page. For material changes, we will make reasonable efforts to notify active clients via email. Your continued use of our services after the posting of updated Terms constitutes your binding acceptance of such changes. If you do not agree to the updated Terms, you must discontinue use of our services.
If you have any questions, concerns, or notices regarding these Terms and Conditions, please contact us in writing:
Note: These Terms and Conditions were prepared for informational and protective purposes. While drafted to be comprehensive, they are not a substitute for advice from a licensed attorney admitted in your jurisdiction. We recommend consulting qualified legal counsel for matters specific to your business and location.