Heart and Soul Wellness Websites Terms of Use

Effective starting March 15th, 2026, the terms of Heart and Soul Wellness, LLC (HSW), a Colorado Limited Liability Company, govern the usage of our defined websites (referred to herein as “Websites”). Within these Terms of Use, the term “Websites” collectively encompasses www.heartnsoulwellness.com along with other websites operated by Heart and Soul Wellness, LLC that link to these Terms of Use. 

Your utilization of the Websites is contingent upon your agreement to these Terms of Use. Your utilization of the Websites is contingent upon your agreement to these Terms (“Terms of Use”), which we reserve the right to update periodically in accordance with Section 2 outlined below. Upon accessing and utilizing the Websites, you acknowledge and consent to be bound by these Terms and by Heart and Soul Wellness Privacy Policy available here https://heartnsoulwellness.com/privacy-policy . You can access this Privacy Policy via our homepage and from the bottom of every page by clicking on the appropriate link in the footer. 

If you disagree with these Terms or with Heart and Soul Wellness’s Privacy Policy, you must refrain from accessing or using the Websites. Additionally, during the course of accessing the Websites, you will be subject to any applicable guidelines or regulations posted by Heart and Soul Wellness, on the Websites, which are subject to periodic posting and alteration. These guidelines and regulations are hereby integrated into these Terms by reference.

  1. Applicability of These Terms to the Services and Membership. Your access to and use of the products and services which we market for subscription on our Website (our “Services”) are governed by these Terms and also by our Lasting Pain Relief Program Service Agreement (“Service Agreement”), Disclosures (including CAM Disclosure available here ___), and Event Waiver available here ___. In case of conflict between any provisions of these Terms and the Service Agreement, the conflicting provisions from the Service Agreement shall prevail. 

  2. Amendments to Terms. We reserve the right to modify these Terms, in whole or in part, which includes adding or removing terms, at any time. Such modifications, additions, or removals will take immediate effect upon being posted. Your continued use of the Websites subsequent to such posting will be considered as your acceptance of these modified, added, or deleted terms.

  3. Changes to Websites. At any point, we hold the prerogative to alter or discontinue any element, service, or feature of the Websites. This pertains to content, availability, and the equipment necessary for access and use, without limitation.

  4. Intellectual Property Rights: The entirety of the Content, which includes processes, algorithms, methods, text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (“Content”), presented on the Websites, including but not limited to the layout, design, structure, color scheme, selection, combination, and arrangement of the Content, is either owned by us or licensed to us. This Content is safeguarded by copyright, trademark, trade dress, and various other intellectual property and unfair competition laws.

    Unless expressly granted prior written permission by us or as permitted by applicable laws: You may not distribute, copy, reproduce, distribute, modify, frame, mirror, publicly display, publicly perform, translate, transmit, re-publish, or create derivative works of the Websites or Content (in whole or part) for distribution, publication, or any commercial purpose, through any means or medium.

  5. Account Registration. You may be offered the chance to register through an online registration form or by engaging in a member area. This registration creates a user account (“Your Account”), potentially enabling you to obtain information from us and/or participate in specific features on the Websites. The information you provide will be handled in line with our Privacy Policy. Upon registering, you affirm that all information furnished is current, comprehensive, and accurate to the best of your understanding. You commit to maintaining and promptly updating this information on the Websites to ensure its accuracy and completeness. It is your responsibility to acquire and uphold all connectivity, computer software, hardware, and other requisites for accessing and using the Websites, along with any associated charges.

  6. User Conduct and Prohibited Uses: The subsequent terms outline the conduct expected of you when accessing or using the Websites:

    1. You agree not to disrupt or interfere with the Websites, their servers, or the connected networks, and to comply with the requirements, procedures, policies, and regulations of said networks.

    2. You agree not to commercially exploit, reproduce, duplicate, sell, resell, or copy any portion of the Websites, access to the Websites, or usage of the Websites.

    3. You agree not to engage in activities that could result in criminal offenses or civil liabilities.

    4. You agree not to impersonate any individual or entity, including Heart and Soul Wellness, its contractors, employees, or agents, nor falsely claim affiliation.

    5. You agree not to infringe on any other user’s privacy rights, which includes collecting personally identifiable information about other Website users or disclosing private information about third parties.

  7. DISCLAIMER: NO MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PREVENTION

    1. Even though Janet Potts, PT, is a Licensed Physical Therapist, she is not offering Physical Therapy services through the Websites or its information, products and/or services.  

    2. THE INFORMATION, COACHING, CLASS INSTRUCTION, TOOLS/PRACTICES, FORUM COMMUNICATION, EMAIL COMMUNICATION, AND ALL CONTENT OF THE WEBSITES, INCLUDING BUT NOT LIMITED TO HEART AND SOUL WELLNESS AND THE LASTING PAIN RELIEF PROGRAM ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR PREVENTION, OR FOR A PROFESSIONAL THERAPEUTIC RELATIONSHIP. 

    3. All Information and use of Heart and Soul Wellness and The Lasting Pain Relief Program tools are for self-development and lifestyle education only and must be applied at your own risk. Heart and Soul Wellness, LLC is not responsible for information or techniques instructed by any other contractor/teacher/mentor/forum responder/volunteer, etc.  All teachings, opinions and personal experiences are intended for educational purposes only and are not meant to be a substitute for medical or mental health instruction or intervention.

    4. The Heart and Soul Wellness Products and Services, which consist of events, private sessions, courses, workshops, training or programs and any advised protocol is for educational and informational purposes only and is not intended to be used for or diagnose, treat or cure, or prevent any health condition, ailment or disease, or mental, emotional or physical trauma. The Products or Services are not directly treating “trauma” or “mental health conditions” even though these terms might be used as common conditions resulting in a chronic stress response. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call 911 immediately. You agree to use your own due diligence and judgment before applying any advice or recommendations made throughout the Products and Services or any other person’s services and instruction. You also acknowledge that you take full responsibility for your health, life, and wellbeing, as well as the health, lives, and wellbeing of any dependents.

    5. If you suffer from, or suspect you suffer from, any kind of psychiatric or psychological disorder including clinical depression, you should only use the Websites in consultation and supervision of your Doctor or other qualified Medical Practitioner.

  8. ADDITIONAL DISCLAIMERS; LIMITATION OF LIABILITY:

    1. YOU EXPLICITLY ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES IS SOLELY AT YOUR OWN RISK. HEART AND SOULWELLNESS, LLC, ITS AFFILIATED ENTITIES, THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS DO NOT GUARANTEE THAT THE USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. ADDITIONALLY, NO WARRANTY IS PROVIDED CONCERNING THE RESULTS THAT MIGHT ARISE FROM THE USE OF THE WEBSITES, NOR IS THERE ANY ASSURANCE REGARDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE MADE AVAILABLE THROUGH THE WEBSITES.

    2. THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF TITLE, OR THOSE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES THAT ARE IMPLIED BY LAW AND CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED AS PER THE LAWS APPLICABLE TO THESE TERMS.

    3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HEART AND SOUL WELLNESS, ITS FUTURE PARENT OR AFFILIATED COMPANIES, SHALL NOT BE HELD LIABLE TO YOU FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, THE COST OF SUBSTITUTE GOODS OR SERVICES, DATA LOSS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE FAILURE, TECHNOLOGICAL MALFUNCTION, OR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. SUCH DAMAGES MAY ARISE FROM CAUSES OF ACTION RELATED TO THE USE OF THE WEBSITES, ALLEGED PERFORMANCE FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL BASIS FOR LIABILITY, WHETHER BREACH OF CONTRACT, NEGLIGENCE, TORTIOUS BEHAVIOR, OR ANY OTHER CAUSE OF ACTION. THIS LIMITATION EVEN APPLIES IF HEART AND SOUL WELLNESS, FUTURE PARENT, OR AFFILIATED COMPANIES HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. FURTHERMORE, YOU ACKNOWLEDGE THAT HSW AND ITS FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR THE ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES. 

    4. IF APPLICABLE LAW DOESN’T ALLOW THE ENTIRETY OR A PART OF THE ABOVE LIMITATION OF LIABILITY TO BE APPLIED TO YOU, THE LIMITATIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

    5. WE COMPLETELY DISCLAIM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITES, YOU ACKNOWLEDGE AND CONSENT TO OUR DISCLAIMER OF SUCH LIABILITY. IF YOU DISAGREE WITH THIS DISCLAIMER, YOU SHOULD REFRAIN FROM ACCESSING OR USING THE WEBSITES.

  9. Indemnification: You agree to protect, indemnify, and hold Heart and Soul Wellness, LLC, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Websites. HSW retains the right to assume exclusive defense over any claim that falls under our entitlement to indemnification as stated in this section. If such a scenario arises, you shall cooperate with HSW as reasonably requested.

  10. TERMS AND CONDITIONS OF SALE (SERVICES)

1. Paid Services: Some services offered on our website require payment. Descriptions of services, pricing, duration, and availability are provided on relevant pages of the website and may change without notice.

 Services may include, but are not limited to:

  1. private wellness sessions

  2. holistic health consultations

  3. workshops or classes

  4. digital wellness services

2. Service Description: We strive to describe services accurately; however, descriptions, images, and other representations are for informational purposes only. The specific details of the services purchased will be confirmed during the booking or purchasing process.

Booking and Purchasing Process
The process of purchasing or booking a service typically includes the following steps:

  1. Selecting the service you wish to purchase

  2. Choosing an available date and time (if applicable)

  3. Providing required personal or booking information

  4. Reviewing pricing and payment details

  5. Confirming and submitting your booking request

  6. Completing payment

After completing a booking or purchase, you will receive a confirmation email.

Prices: Service prices are listed on the website and may change at any time without prior notice. Prices displayed during checkout include any applicable fees or taxes unless otherwise specified. The price applicable to your purchase is the price displayed at the time of booking or payment.

Methods of Payment: Accepted payment methods are displayed during the checkout or booking process. Payments may be processed through secure third-party payment providers. You agree to provide accurate billing information and authorize us to charge the selected payment method for the service purchased.

Scheduling and Service Delivery

Services are provided either:

• in person at our listed business address, or
• remotely via online platforms where applicable.

Appointment dates and times are scheduled during the booking process (or via phone).

You are responsible for attending scheduled sessions on time.

Cancellation and Rescheduling Policy: If you need to cancel or reschedule a scheduled service appointment, you must notify us within the timeframe stated on our website or booking confirmation. If cancellation is made within the required notice period, you may be eligible to:

• reschedule the appointment, or
• receive a refund or credit toward future services.

Cancellations made outside the required notice period may result in partial or full forfeiture of the service fee. Failure to attend a scheduled appointment without notice may be treated as a no-show, and the full service fee may be retained.

Late Arrivals: If you arrive late for an appointment, the session may be shortened to avoid delaying subsequent clients. The full service fee may still apply.

Service Refusal: We reserve the right to refuse or discontinue services if:

• a client behaves in a disruptive, abusive, or unsafe manner
• the service requested is inappropriate or outside our professional scope
• health or safety concerns arise

  1. Termination Clause: We reserve the right to terminate or suspend these Terms at any time without prior notice to you. Moreover, we retain the authority to immediately terminate your access to the Websites if we, at our sole discretion, deem your conduct unacceptable or if you breach these Terms. The provisions outlined will continue to apply even after the termination of these Terms.

  2. Governing Law: All disputes, claims, and controversies arising from or related to your use of the Websites, the provision of content, services, and technology on or through the Websites, will be exclusively governed and interpreted according to the laws and rulings of the State of Colorado. This choice of law is without regard to its conflict of law principles. 

  3. Copyrights and Copyright Agent: We uphold the intellectual property rights of others and expect our users and customers to do the same. If you believe that your work has been copied on the Websites in a manner that constitutes copyright infringement, kindly notify [email protected] promptly to initiate a takedown procedure. We hold the right to terminate the access of users or customers who post materials that infringe upon the intellectual property rights of others.

  4. Dispute Resolution

  1. Informal negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

  2. Litigation venue and jurisdiction. If for any reason, a Dispute proceeds in court, the Dispute shall be commenced or prosecuted in the state and federal courts located in the State of Colorado, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. 

  3. In no event shall any Dispute brought by either Party related in any way to the sites be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  4. Exceptions to the Informal Negotiations.  The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then such Dispute shall be decided by a court of competent jurisdiction located in the State of Colorado, and the Parties agree to submit to the personal jurisdiction of that court, and the Parties waive all defenses of forum non-conveniens with respect to venue and jurisdiction in such Colorado courts.

  1. Miscellaneous: These Terms, along with any operational guidelines established by us for the Websites, constitute the complete agreement between the parties concerning the subject matter at hand and override all previous written or verbal agreements between the parties pertaining to this subject matter. The provisions within these Terms are designed for the benefit of HSW, its affiliates, and its third-party content providers and licensors, each of which holds the right to assert and enforce these provisions directly or on its own behalf.

No waiver by either party of any breach or default under these Terms shall be construed as a waiver of any preceding or subsequent breach or default. If a court of competent jurisdiction determines any portion of these Terms to be invalid or unenforceable, it shall be substituted with language that aligns with the original intent in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.

The section headings provided herein are included for convenience and carry no legal significance.

These Terms were most recently updated on March 15th, 2026.

How to contact HSW
If you have any questions or concerns regarding the Terms and Conditions, Privacy Policy, or Disclosures, Heart and Soul Wellness can be contacted by emailing [email protected].  When contacting us, please ensure that full name and address are provided in exactly the form in which it was originally provided to HSW to avoid any possible confusion with a different individual. 

Contact Us

Heart & Soul Wellness - Janet Potts

126 Pearl Street, Fort Collins CO 80521

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