Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

Affiliate means an entity that controls, is controlled by or is under common control with a party, where control means ownership of 51 percent or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Washington, United States.

Company (referred to as either the Company, We, Us or Our in this Agreement) refers to Enhanced Recovery and Wellness, 6364 Marilee Way, Colorado Springs, CO, 80911.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

Goods refer to the items offered for sale on the Service.

Orders mean a request by You to purchase Goods from Us.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application or the Website or both.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred to as Terms) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third party Social Media Service means any services or content including data, information, products or services provided by a third party that may be displayed, included or made available by the Service.

Website refers to Enhanced Recovery and Wellness, accessible from https://enhancedrecoverywellness.com or Enhanced Recovery After Delivery, accessible from https://enhancedrecoveryafterdelivery.com.

You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms governing the use of this Service and the agreement that operates between You and the Company. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. If You disagree with any part of the Terms then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

You may be asked to provide certain information including your name, email, phone number, credit card information, billing address, and shipping details. You represent and warrant that you have the legal right to use the payment method provided and that all information is true, correct, and complete.

By submitting such information, You grant the Company the right to provide the information to payment processing third parties for purposes of completing your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for reasons including but not limited to:

• Inaccurate membership status

• Errors in pricing or product descriptions

• Suspicion of fraud or unauthorized transaction

Your Order Cancellation Rights

Orders for digital content that has begun delivery at your request are not eligible for cancellation or refund.

Availability, Errors and Inaccuracies

We frequently update our offerings and may experience delays in updating pricing or product information. We do not guarantee accuracy of information. We reserve the right to correct errors and update information without prior notice.

Prices Policy

We reserve the right to revise prices at any time prior to accepting an Order.

Payments

All Goods purchased require one time payment via payment methods such as Visa, MasterCard, American Express, or online payment methods such as PayPal. If authorization fails, the Company will not be responsible for any delay or non delivery.

Subscriptions

Subscription Period

Some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring basis depending on the plan.

Subscription Cancellations

You may cancel your Subscription renewal through your account settings or by contacting the Company. Fees already paid are not refundable.

Billing

You agree to provide accurate billing information. If automatic billing fails, you will receive a notice to complete payment manually.

Fee Changes

The Company may modify subscription fees at the end of the then current period with reasonable notice.

Refunds

Except where required by law, payments are non refundable.

Free Trial

The Company may offer Free Trials at its discretion. If billing information is required, You will not be charged until the Free Trial expires. If you do not cancel prior to expiration, You will be charged the subscription fee.

Promotions

Promotions may be governed by separate rules. If Promotion rules conflict with these Terms, the Promotion rules apply.

User Accounts

You must provide accurate information when creating an Account. You are responsible for safeguarding your password. Unauthorized use must be reported immediately.

Content

Your Right to Post Content

You retain rights to Content you post and grant the Company a license to use, modify, publicly display, reproduce, and distribute your Content through the Service.

Content Restrictions

You may not post unlawful, harmful, infringing, or false Content. We may remove Content that violates these Terms.

Content Backups

We perform backups but do not guarantee that there will be no data loss. You are responsible for maintaining independent backups of your Content.

Use of Company Intellectual Property and Course Materials

All digital products, course materials, slide decks, videos, handouts, templates, worksheets, proprietary frameworks, and other resources made available through the Service or delivered through any program, event, or membership (Company Materials) are protected by United States and international copyright and intellectual property laws.

You are granted a limited, revocable, non transferable license to access and use Company Materials for your own personal or internal business use only.

You are not permitted to:

1. Copy, reproduce, distribute, share, or publish Company Materials in any format.

2. Upload Company Materials to any internal or external training platform, hospital learning management system, shared drive, or storage location.

3. Sell, sublicense, assign, or transfer Company Materials to any third party.

4. Modify, adapt, translate, or create derivative works from Company Materials.

5. Remove copyright or proprietary notices.

Unauthorized use of Company Materials may result in immediate termination of access and legal action. Purchasing a subscription, digital product, or course does not grant ownership. The Company retains all intellectual property rights.

Licensing and Organizational Use Addendum

If You are purchasing access to the Service on behalf of a hospital, clinic, practice, university, agency, or other organization (the Organization), the following terms apply:

1. Each purchase includes a single seat license. Logins may not be shared.

2. If multiple individuals require access, the Organization must purchase additional seat licenses or an organizational license.

3. Company Materials may not be used for internal training, onboarding, competency development, or replication of any program without a written licensing agreement signed by the Company.

4. Uploading Company Materials to shared drives, learning management systems, intranets, or any platform that allows others to access the materials is prohibited unless a license that grants that right has been purchased.

5. Any violation of this Addendum will result in immediate termination of access and may result in legal action. The Company reserves all rights and remedies available under United States and international copyright and contract law.

Purchasing a subscription, digital product, or course grants a limited, revocable, non transferable license to access and use the content. It does not grant ownership, the right to train others with the content, or the right to copy or distribute the content internally or externally. Any extended usage rights must be granted through a separate written licensing agreement.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to claims that Content posted on the Service infringes a copyright or other intellectual property right.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at erad@erawinc.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages including costs and attorneys fees for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

2. A description of the copyrighted work that You claim has been infringed, including the URL or a copy of the copyrighted work.

3. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

4. Your address, telephone number, and email address.

5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at erad@erawinc.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content excluding Content provided by You or other users, features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason including if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever including but not limited to damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service, even if the Company or any supplier has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, the above limitations may not apply.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties whether express, implied, statutory or otherwise including implied warranties of merchantability, fitness for a particular purpose, title and non infringement.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind that the Service will be uninterrupted or error free or that any information provided through the Service is accurate or complete.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on statutory rights of a consumer. If so, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable.

Governing Law

The laws of the Country excluding its conflicts of law rules shall govern these Terms and Your use of the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at erad@erawinc.com.

For European Union Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a Commercial Item as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a terrorist supporting country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

The failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: erad@erawinc.com

By mail: Enhanced Recovery and Wellness
6364 Marilee Way
Colorado Springs, CO 80911