WholenesswithKarly and Wholeness Kula LLC (henceforth referred to as any or all of the following:“WholenesswithKarly”, "WholenessKula", "TheWholenessKula", “us”, “our” or “we” or “site”). We produce content, training materials, videos, audio files, products & services &/or other materials, accessible on our websites, which includes without limitation WholenessKula.com, TheWholenessKula.com, Wholenesskula.co,  Wholenesswithkarly.com, movingintowholenesswithkarly.

1. Terms of Use and Agreement

By using this site or signing up for an account then clicking the box next to “you agree to the Terms and Conditions” you are stating that you agree to the Terms and Conditions herein and are bound by the terms of this Agreement. As long as you comply with these Terms and Conditions and any modifications hereto as permitted below, WholenessKula grants you a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Programs contained herein.

By entering into this Agreement, you are confirming you are an adult of legal age, you understand and accept this Agreement, and you are financially and legally responsible for all actions using or accessing the Services. If you are under the legal age of majority, your parent or legal guardian must consent to this Agreement. If you (or your legal guardian or parent) do not or cannot agree to the terms of this Agreement then you may not use our Services.

Our Privacy Policy is incorporated into these Terms and Conditions by reference and is made a part hereof.

By accepting and agreeing to this Agreement, you are also agreeing to all terms of service and use, legal requirements, privacy policies, and any other agreements, terms and conditions of the third-party platforms used to access, download, store, and/or use the Services. We are not responsible for the terms, policies, disclosures or actions of any third-party platforms.

If you breach these Terms we may take action against you, including but not limited to terminating your Account and/or disabling your access to the Services. You acknowledge that we have no obligation to, and will not, reimburse or refund you for Services or other purchases lost due to involuntary suspension or termination of your Account.

Subject to these Terms and your compliance therewith, WholenessKula grants to you a personal, nonexclusive, non transferable, non-sub-licensable, revocable, limited right and license to play, listen to, display, and use the Content solely for your permitted use. “Content” means the audio and/or video recordings, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, or other materials that are generated, provided, or otherwise made available through the Site.

The rights granted to you are subject to these Terms and your full compliance with the Terms and Conditions and you may only make use of the site if you comply with all applicable Terms and Conditions. The Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Content is being transferred or assigned to you and the Terms should not be construed as a sale of any rights in the Content. We retains all right, title, and interest to the Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audio files, MP3 files, video files, themes, audiovisual files, characters, character names, dialog, settings, stories, artwork, sounds effects, musical works, and moral rights. WholenessKula has the right to remove some or all of the Content from the Sites at any time for any reason.

2. Modifications

We may modify these Terms and/or Prices at any time, and if we do, we will notify you by email or by posting the modified Terms on this site. Please review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms and Conditions and Prices. If you do not agree to be bound by the modified Terms and Conditions and Prices, then you may not use the Services. By using any of our Services, you represent that you are at least 18 years old, and that all information you submit is correct.

3. Copyright

The Content is protected by U.S. copyright and trademark law and any other applicable intellectual property laws in the world. You acknowledge that all copyrights and other intellectual property rights in the Services are owned by WholenessKula to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. All rights in product names, logos, trade names, service marks, trade dress, product packaging, and designs of our Content and Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or our licensors and are protected from reproduction, imitation and dilution under national and international trademark and copyright laws. 

The Content may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from WholenessKula.  All rights not expressly granted under this Agreement are reserved by WholenessKula.

4. Copyright Infringement Policy

WholenesswithKarly values intellectual property and respects the intellectual property rights of others, and will remove materials on its Site that infringe the copyrights of others or that WholenessKula has a good belief infringes, and may terminate the offending user’s account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Site, then you may notify WholenessKula in writing as follows:

Electronic Mail Address: info@wholenesswithkarly.com

In your notice, please include the following:

(i) a physical or electronic signature of the owner of an exclusive right that is allegedly being infringed or of a person authorized to act on behalf of such owner;

(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;

(iii) identification of the materials that are allegedly causing the infringement and that are desired to be removed, along with sufficient information to allow us to locate such materials;

(iv) contact information (i.e., name, address, email address) sufficient to enable Wholenesswithkarly to contact you;

(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

5. Transmitting and Streaming

WholenesswithKarly is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

WholenesswithKarly does not warrant or represent that this Site will meet your requirements, that access or streaming will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

6. Indemnity

You agree to indemnify, defend and hold harmless WholenesswithKarly its parent, subsidiary and affiliated entities, and any and all owners, officers, directors, agents, employees from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to legal fees and costs) arising from or in connection with: (i) your use of the Site or Materials (whether on the Site or streamed); (ii) any violation by you of these Terms and Conditions or your violation of any law, regulation or third-party right; and/or (iii) any User Content submitted by you to the Site. You agree that your representations and warranties, and your obligation to indemnify WholenesswithKarly, shall survive beyond any term that these Terms and Conditions are in effect.

7. Electronic Communications

When you communicate with WholenesswithKarly electronically, via email or otherwise, when you set up an Account with WolenesswithKarly and each time you make a purchase from, or stream from us, you consent to receive electronic communications from WholenesswithKarly. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by WholenesswithKarly satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from us and wish to opt out, you follow the opt-out procedures set forth in such marketing e-mails.

8. Community Guidelines (Rules of Conduct and Behavior)

You agree that you are responsible for your own conduct while using our Services and/or accessing our Content, and for any consequences thereof.  You may not do any of the following with respect to the Services, Content, or any parts thereof (Rules of Conduct and Behavior):

 use the Services, Content, including but not limited to Facebook community page or any parts thereof to promote or endorse any third party causes, ideas, Web sites, products or services;

• re-produce, edit, redistribute or in any way repurpose the Content, or any audio-video files made available herein;

• use the Services, Content, in part or in whole commercially or for a promotional purpose whatsoever,

• use the Services, Content, or any parts thereof to infringe or violate the rights of any third party, including but not limited to any intellectual property or privacy rights;

• Sell, lease, distribute, license, display, or otherwise assign the Content, or use it in any way that is not expressly authorized in the Terms;

• modify or delete any portion of the Content made available herein;

• discrimination or make discriminatory comments of any form or manner, 

• post any sexually explicit remarks or images, or engage in any act including but not limited to sexual innuendo, inappropriate advances or comments to other users when using our services;

• reveal personally identifying information of anyone involved or using services in anyway.

We reserve the right to discontinue providing our Services or any parts thereof, and to require that you cease accessing or using same at any time for any reason, including without limitation if you violate the Rules of Conduct and Behavior in any way.

9. Health and Safety Disclaimer

You agree that your use of the Services is at your own risk. You understand and agree the everything contained on this site may require physical exercise and/or deep breathing and/or activity and/or rest. By voluntarily participating in this membership and/or site you assume all risk of injury. Without limiting the generality of the foregoing, you understand and acknowledge that there are risks of physical injury, or even death, associated with any physical activity and all of the afore mentioned, including the Wholeness with Karly movements/ classes and programs and that, in addition, certain medical conditions may be aggravated or made worse by physical activity. You assume any and all risk and danger incidental to the use of the videos and audio files and any other materials offered by WholenesswithKarly, including but not limited to the previously mentioned cautions.

You agree to consult with your physician before starting or changing any exercise program or making a lifestyle change. Especially if you are overweight, pregnant, recently pregnant, nursing, regularly taking medications, have any existing conditions or injuries or are over the age of 50 years old. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on WholenesswithKarly or in any of the Material available hereon. WholenesswithKarly is not intended to provide medical advice or make medical diagnoses.

You further agree not to participate in WholenesswithKarly with any medical condition, including, but not limited to, a history of heart disease, that poses a direct threat to the health or safety of yourself or others and WholenesswithKarly not be liable for any injury resulting from or arising out of, participating in the WholenesswithKarly programs. You further understand that WholenesswithKarly encourages you to exercise and eat healthy.

You release WholenesswithKarly of any and all risks and responsibilities for your own actions, safety, health, performance, well-being, and any complications or injuries which may arise when exercising or eating on your own.

Under no circumstances and under no legal theory, contract, strict, tort, liability, or otherwise, shall WholenesswithKarly or any related companies be liable to you or any other person for any indirect, special, incidental, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, or damages resulting from the Content, Services or any parts thereof.

You also agree to indemnify and hold harmless WholenesswithKarly and its officers, employees, agents, representatives, affiliates, subcontractors, members and assigns, against any and all claims, disputes, demands, actions, suits, damages, liabilities, obligations, losses, settlements, judgements, costs and expenses (including without limitation attorneys’ fees and costs) made or entered into against us that arise out of, relate to or are the result of your actions, contents and communications related to our Services. Similarly, if you have a dispute with any third party relating to your use of our Services, you release WholenesswithKarly (and our officers, directors, agents, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

10. Governing Law and Jurisdiction

This Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina, United States of America, without reference to the principles of conflict of laws of any jurisdiction (including those of the State of North Carolina). For any disputes deemed not subject to binding individual arbitration, you agree to submit to the exclusive jurisdiction and venue of the state and federal courts in North Carolina and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

11. Subscription Services

In order to access or use some of the Services or access the Content, you may be required to first register with us. If you are under the age of eighteen (18), then you are not permitted to register as a user or submit personal information to us.  

If you register for any feature that requires a password and/or username, then you agree that: you will not impersonate another person or hide your true identity; you will not violate the intellectual property or other right of any person or entity. You will provide true, accurate and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;  You will not sell, transfer, or assign or share your account or any account rights. 

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations. 

If you choose to cancel a Subscription Service, you can continue to use the features of your Subscription Service following cancellation until the end of your Subscription Period. You will not be charged for the Subscription Service again unless you reactivate. Payments for Subscription Services are non-refundable and there are no refunds for partial Subscription Periods.  

Upon submitting payment information, you expressly agree and authorize us and/or our third party payment processor to immediately charge your credit card or debit card (or other approved facility) in an amount equal to the total purchase price. You also expressly authorize and agree that we and/or our third party payment processor is authorized to automatically charge your payment method for any one-time fees and/or Subscription Services. You acknowledge and agree that we do not need to obtain any additional authorization from you for any automatic and/or recurring payments.

We are not responsible for the products and services provided by such third parties or partnerships as recommended on WholenesswithKarly.

12. Limitation of Liability and Use Disclaimer 

WholenesswithKarly is not responsible for any damages or loss related to the use of this Site, products or services from this us. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, INCLUDING ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. WHOLENESSWITHKARLY RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. WHOLENESSWITHKARLY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES OR COSTS, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PRODUCTS OR SERVICES CONTAINED HEREON, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHOLENESSWITHKARLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT WHOLENESSWITHKARLY SHALL HAVE IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO WHOLENESSWITHKARLY. ORDER INFORMATION SUCH AS A BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF WHOLENESSWITHKARLY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent allowable under applicable law.

13. Miscellaneous

IF YOU ACCEPT THIS AGREEMENT, YOU AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND YOU GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. THESE TERMS AFFECT YOUR LEGAL RIGHTS.

Waiver: Failure of WholenessKula to enforce at any time or for any period of time any of the provisions hereof shall not be construed to be a waiver of such provision or our right to enforce each such provision and no waiver, if granted, shall be continuing. No waiver of any term or condition of this Agreement shall be valid or binding on us unless the same shall have been set forth in a written document, specifically referring to this Agreement and duly signed by WholenessKula.

Assignment: WholenessKula shall have the right to assign this Agreement and all or any part of our rights hereunder to any person, firm or corporation, and this Agreement shall be binding upon and inure to the benefit of our successors, licensees and assigns. This Agreement the rights and obligations hereunder may not be assigned by you.

If you have any questions concerning the Site or any of the policies set forth in these Terms and Conditions, please contact us at:

info@wholenesswithkarly.com