Welcome to Wanderlust Careers’ Terms of Service

OVERVIEW

Our Terms of Service (what we call the “Terms”) make up the agreement between Workplace Wellness Holdings, LLC dba Wanderlust Careers (“Wanderlust Careers”) and you. These Terms govern your use and access to Wanderlust Careers’ products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by you, regardless if the use is in connection with an account or not (collectively, the “Services”).

Please read the Terms carefully, and any policies, guidelines or rules applicable to such Services, as they constitute a legal agreement between Wanderlust Careers and you. We also encourage you to review our Privacy Statement for additional information. Of course, if you do not agree with our Terms or any other policies, then do not use the Services. You can request to delete your account at any time by emailing us at hello@wanderlustcareers.com.

1.     ACCEPTANCE OF TERMS

These terms of use constitute a legally binding agreement (the “Agreement”) made between you (“you” and where applicable, “your”) and Workplace Wellness Holdings, LLC dba Wanderlust Careers (“Wanderlust Careers”, “we”, “us”, or “our”), as to your access to and use of our website (“Site”) and any other content, products or services, mobile website or mobile application related or provided through the site (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by these terms of use. This Agreement may be amended at any time by Wanderlust Careers, and we shall only alert you about changes to this Agreement by updating the “Last updated” date when such changes are made. You agree to waive any right to receive a specific notice of each change. This Agreement constitutes the entire and only agreement between you and Workplace Wellness Holdings, LLC dba Wanderlust Careers (“Wanderlust Careers”) and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site. If you do not agree to this Terms of Use, you must immediately terminate use of the Wanderlust Careers’ site.

2.     WHO CAN USE OUR SERVICES

We believe everyone should be able to access, understand, and benefit from their career profile. That said, there are a few restrictions about who can use our Services. By using the Services or creating an account, you represent, warrant and agree that:

You must have attained the age of majority in your jurisdiction to use this Site. By using this Site, you represent and warrant that you are the age of majority in your jurisdiction, or you are the parent or legal guardian of the person desiring to use our services and have accepted this Agreement on his / her behalf. If you have not reached the age of majority and do not have the consent of a parent or legal guardian, you must leave the Site. Wanderlust Careers assumes no responsibility or liability for any misrepresentation of your age.

3.     OUR SERVICES

We provide individualized custom career services to advise and support you in making career changes or career advancement, that includes but is not limited to: career coaching, career assessment, and resume/cover letter editing.

4.    INTELLECTUAL PROPERTY RIGHTS

Unless otherwise identified, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Site or Services. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Site or Services, Marks or Content, in whole or in part, without the prior written consent or Wanderlust Careers.

5.     LOGIN & SITE REGISTRATION

To gain access to the Site and use our Services, you will be provided with a Wanderlust Careers Account username and password (“Login Information”). You are solely responsible for all activity occurring under your Login Information, and you must not share your Login Information with other individuals or third parties. You must notify Wanderlust Careers promptly of any unauthorized use of your account and immediately change your login password if you believe your account is no longer secure. We reserve the right to remove, reclaim, or change any username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6.     PLACING ORDERS, PAYMENTS, & BILLING INFORMATION

 6.1 Placing Orders and Payments for Products and Services: Please refer to the product or service required for a description and current pricing. We reserve the right to change the fees for our products and services at any time. In the event of any change to our fees we shall provide notice before you are charged. All payments shall be in U.S. dollars paid by credit or debit card via authorized payment processor. A 3% processing fee will be charged on all transactions. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

6.2 Billing Information: When you provide payment information (“Billing Information”) to Wanderlust Careers or its authorized processor, you represent that you are an authorized user of the payment method specified by you (“Payment Method”) or have permission from the authorized user and you authorize Wanderlust Careers to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Wanderlust Careers does not receive payment from your Payment Method Provider, for whatever reason, you agree to pay all amounts due on your account upon demand. In the event we must collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. Wanderlust Careers reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Wanderlust Careers is unable to charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify us if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided. We accept all major credit cards.

6.3 Credit Card Administration Fee: Where payments towards the Fees are made by the customer through a credit card, 3% of transaction value will be charged towards credit card fees.

7.     CANCELLATIONS & REFUNDS

7.1 All services: Full refunds and/or exchanges for services that have not yet commenced are available within the first 30 days of purchase. If 30 days have passed since initial purchase, no refund and/or exchange of any kind will be offered.

7.2 Assessment: No refunds are available within 24 (twenty-four) hours of the commencement of the first assessment session (Premium or Essential Assessment tier) or after beginning any of the assessments/questionnaires on any tier (Basic Assessment, Essential Assessment, or Premium Assessment). To meet the cancellation and receive a full refund, you must send your cancellation in writing to juliah@wanderlustcareers.com providing more than 72 hours’ notice. Upon cancellation, Wanderlust Careers will reimburse you no later than 14 (fourteen) days from the day on which we receive your cancellation notice. You will not incur any fees for such reimbursement. 

7.3 Coaching:

7.3.1 Cancellation. Wanderlust Careers requires not less than 30 (thirty) days’ notice of cancellation before the commencement of your next scheduled coaching session. There shall be no partial or full refund for any reason in the event cancellation is not received within the notice period. To meet the cancellation deadline, you must send your cancellation in writing to michael@wanderlustcareers.com.

7.3.2. Rescheduling. We can accommodate rescheduling of career coaching sessions, as needed, and with sufficient notice. We require a minimum of at least 48-hour notice to reschedule a session with your coach (please provide in writing to your coach), otherwise, we cannot guarantee your request can be granted. You will not be reimbursed for any missed sessions and rescheduling a missed session (i.e., adding on an additional “make-up” session to a monthly package) will come at an additional charge.

7.4 Writing Services (resumes/cover letters, LinkedIn summaries, etc.):

Wanderlust Careers requires not less than 72 hours’ notice of cancellation before the commencement of your first scheduled writing session. There shall be no partial or full refund for any reason in the event cancellation is not received within the notice period. To meet the cancellation deadline, you must send your cancellation in writing to juliah@wanderlustcareers.com

8.     THIRD PARTY LINKS

We may provide links to other Internet sites or resources. Wanderlust Careers has no control over such sites and resources, and as you acknowledge and agree that Wanderlust Careers is not responsible for the availability of any such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9.     PRIVACY POLICY

 Please review our Privacy Statement. You expressly consent to have your data transferred to and processed in the United States. Further, Wanderlust Careers does not intentionally accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

10.  AGGREGATE DATA

During the term of this agreement, and thereafter you authorize Wanderlust Careers to use your information for aggregated statistical data for the purpose of improving our Services, aggregated statistical analysis, technical support, and other educational and business purposes. You will not be identified in any publication from any study. All rights to the research and analysis of the deidentified aggregate data shall be deemed as reserved exclusively for Wanderlust Careers. Any intellectual capital and/or subsequent products derived from Wanderlust Careers’ use of the de-identified aggregate data shall remain the sole property of Wanderlust Careers.

11.   LIMITATION ON LIABILITY

WANDERLUST CAREERS AND ITS WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WANDERLUST CAREERS AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

Wanderlust Careers (and its wholly owned subsidiaries') total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the amount You paid to Wanderlust Careers for provided services.

CALIFORNIA RESIDENTS’ RIGHTS :If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

12.  ARBITRATION & DISPUTE RESOLUTION FOR U.S. RESIDENTS

12.1               Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.

12.2 Resolution of Any Dispute. In the event a dispute arises between you and Wanderlust Careers (“Dispute”), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. We ask that you first reach out to us so we try to resolve any concerns you may have and reach a resolution to your satisfaction. If, however, the Dispute cannot be resolved such Dispute shall be submitted to JAMS, or its successor (collectively, “JAMS”), for mediation as provided hereinbelow. Any party involved in the Dispute may commence mediation by providing to JAMS and each other party involved in the Dispute a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties; provided, however, that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. None of the parties may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or 30 business days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of arbitration.

12.3 Limitation of Legal Remedies. If there is a Dispute that remains unresolved after mediation, INSTEAD OF SUING IN COURT, YOU AND WANDERLUST CAREERS EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO WANDERLUST CAREER’s INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

12.4 Jury Trial Waiver. YOU AND WANDERLUST CAREERS EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.

12.5 Class Action Waiver. YOU AND WANDERLUST CAREERS EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person ("Class Action Waiver").

12.6 Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought ("Notice"). All Notices to Wanderlust Careers must be sent to the following address: Wanderlust Careers 2121 Biscayne Blvd  #1785, Miami, FL 33137, United States.  Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Wanderlust Careers may commence an arbitration proceeding. Unless otherwise agreed to by you and Wanderlust Careers in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Wanderlust Careers agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of New York, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution Section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.

12.7 Exception to Arbitration. Only disputes or actions pertaining to Wanderlust Careers’ intellectual property rights, or statutory claims that pursuant to law are not arbitrable, are exempt from arbitration.

12.8 Survival. This arbitration provision shall survive termination of these Terms.

12.9 Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.

13.  CHANGES, MODIFICATIONS, & DISRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site or specific services at any time or for any reason at our sole discretion and without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will always be accessible. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

14.  NO GUARANTEES
You agree that Wanderlust Careers has made no guarantees about the results from use of its services or products. We provide educational and informational resources that are intended aid our clients in career and higher education decisions. You understand and agree that your ultimate success or failure will be the result of your own efforts, your individual situation, and innumerable other circumstances beyond the control and/or knowledge of our company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – in using our services and products are no guarantee that you or any other person or entity will be able to obtain similar results.

15.   SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or our service (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

16.  LEGAL DISCLAIMER

While many of our staff are trained as mental health professionals and have a background in social work, psychology, and counseling, we do not provide mental health treatment and the information and content contained in the Site is not intended to be a substitute for professional mental health treatment. Always consult with a qualified medical professional for diagnosis and treatment of health or mental concerns. All teachings, tools and practices mentioned on this Site are for informational purposes only.

17.  MISCELLANEOUS

The terms and policies incorporated herein, are the entire agreement between you and Wanderlust Careers. They supersede any and all prior or contemporaneous agreements between you and Wanderlust Careers relating to your use of the Site or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Your Legal Liability, Arbitration/Dispute Resolution, No Rights of Third Parties, and Miscellaneous shall survive any such expiration or termination. If any provision of these terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your Wanderlust Careers account or this agreement to any third party without our prior written permission. Wanderlust Careers may assign these terms, in whole or in part, at any time. Headings in the terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Wanderlust Careers to partially or fully exercise any rights or the waiver of Wanderlust to enforce any breach of these terms by you, shall not prevent a subsequent exercise of such right by Wanderlust Careers or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these terms. The rights and remedies of Wanderlust Careers under these terms and any other applicable agreement between you and Wanderlust Careers shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these terms any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

18.   ELECTRONIC COMMUNICATIONS & SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.