Fresh Spiritual Wellness Terms of Service
Updated April 01, 2017
Acceptance of Terms
Content of These Terms of Service
1. Who May Use the FSW Service 2. Professional Advice and Medical Disclaimer 3. General Disclaimers 4. Limitation of Liability 5. Privacy 6. Membership Provisions 7. Scheduling, Payment, and Cancellation Policy 8. Term and Termination; Account Deletion 9. Content Restrictions 10. Code of Conduct and Prohibited Activities 11. Submissions 12. Indemnification 13. License to Use the FSW Service 14. Third Party Links and Content 15. Intellectual Property 16. Copyright / DMCA Policy 17. General Provisions
1. Who May Use the FSW Service
You must be at least 18 years old to use the FSW Service.
Notice To Parents And Guardians:
You are responsible for monitoring and supervising your child’s use of the FSW Service. If your child is using the FSW Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about FSW, please contact us at firstname.lastname@example.org.
2. Professional Advice and Medical Disclaimer
Amanda Fresh of FSW is a NOT a licensed medical physician. Amanda Fresh is a certified Wholistic Kinesiologist and trained in Reiki, intuitive healing, psychic development, evidential mediumship and channeling.
You acknowledge that your use of this Site is for educational purposes only. You understand that if you are seeking medical advice, direction or recommendations you must seek those in person, from qualified medical practitioners having particular knowledge of your case, medical circumstances and history.
THE FSW SERVICE OFFERS SPIRITUAL AND WELLNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE FSW SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL ADVICE OR CARE. FSW SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE FSW SERVICE.
THE FSW SITE IS CONTINUALLY UNDER DEVELOPMENT AND FSW MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE FSW SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
YOUR USE OF THE FSW SERVICE IS AT YOUR OWN RISK.
3. General Disclaimers
FSW provides the FSW Service on an “as is” and “as available” basis. You therefore use the FSW Service at your own risk. FSW expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, FSW makes no representations or warranties:
- That the FSW Service, or any particular program is suitable for you;
- Regarding the adequacy or safety of the FSW Service for any particular user;
- That the FSW Service will meet your personal and/or professional needs;
- That the FSW Service will be permitted in your jurisdiction;
- That the FSW Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That FSW will continue to support any particular feature of the FSW Service; or
- Concerning sites and resources outside of the FSW Service, even if linked to from the FSW Service.
FSW reserves the right to modify the FSW Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the FSW Service. FSW has no obligation to screen or monitor any content and does not guarantee that any content made available on the FSW Service complies with this Agreement or is suitable for all users. FSW shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to your computer system, internet access, download or display device.
To the extent that a secondary party may have access to or view FSW content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
4. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall FSW, nor its affiliates, be liable for any direct, indirect, incidental, special,
consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) FSW, and its affiliates’ total liability to you shall not exceed the amounts paid by you to FSW over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
FSW Videos and Materials.
The videos and other materials provided by FSW Service are intended as general educational information. In selecting our videos, we endeavor to source only those that provide valid professional experience. FSW DOES NOT REPRESENT IN ANY WAY THAT ANY ADVICE PROVIDED IN A VIDEO CONSTITUTES QUALIFIED EXPERT ADVICE.
- What information we may collect about you;
- What we use that information for; and
- When and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
6. Membership Provisions
To fully use the FSW Service, you must complete a membership application in which you will be required to providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to FSW and notify us if your information changes.
You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
Account Security: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the FSW Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at Amanda@freshspiritualwellness.com.
7. Scheduling, Payment, & Cancellation Policy
Scheduling By Appointment Only:
Appointments may be schedule through the FSW site or by calling 970-946-0464.
Upon scheduling for our Service, you will be asked to provide a payment method. You grant your express consent and expressly authorize us (and our designated payment processor) to automatically charge you for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
We understand that unanticipated events happen occasionally in everyone’s life. In our desire to be effective and fair to all clients, the following policies are honored:
- 24 hour advance notice
is required when cancelling an appointment. This allows the opportunity for someone else to schedule an appointment. If you are unable to provide appropriate advance notice you will be charged the full amount of your appointment.
Failure to show or properly cancel a scheduled appointment will result be considered a “no-show” and will you will be charged for the appointment.
- Late Arrivals.
If you arrive late, your session may be shortened in order to accommodate others whose appointments follow yours. Regardless of the length of the session given, you will be responsible for the “full” session.
8. Term and Termination; Account Deletion
This Agreement begins on the date you first use the FSW Service and continues as long as you have an account with us.
You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from the FSW Service that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
Termination For Breach:
FSW may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if FSW determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage FSW reputation or goodwill. If FSW deletes your account for the foregoing reasons, you may not re-register for the FSW Service. FSW may block your email address and Internet protocol address to prevent further registration. FSW is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Effect Of Termination/Account Deletion:
Upon termination, all licenses granted by FSW will terminate. Sections 3, 4, 8, and 11-17 shall survive termination. In the event of account deletion for any reason, content that you submitted may no longer be available. FSW shall not be responsible for the loss of such content.
9. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non- sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Advocates harassment or intimidation of another person;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Depicts animal cruelty or extreme violence towards animals; or
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
10. Code of Conduct and Prohibited Activities
In using the FSW Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- “frame” or “mirror” any part of the Service or the Site;
- use meta tags or code or other devices containing any reference to FSW, the Site or the Service (or any trademark, trade name, service mark, logo
or slogan of FSW) to direct any person to any other website for any purpose;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site
or any software used on or for the Service or the Site, or cause others to do so;
- post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the
Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
- Collect information about others;
- Advertise or solicit others to purchase any product or service within the FSW Site;
- Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
- Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- ; or
- Participate in any activity that in any way violates any law.
FSW has the right, but not the obligation, to monitor all conduct on and content submitted to the FSW Service. FSW reserves the right to alter, edit, remove, or refuse to post any content, in whole or in part in its sole discretion and/or to satisfy or comply with applicable laws, regulations and/or legal processes.
FSW reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates our Terms, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that FSW may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
As between you and FSW, you own all content that you submit to the FSW Service, whether directly via the FSW Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting a submission to FSW, you are granting FSW and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your content.
You further grant all users of the FSW Service permission to view your content for their personal, non-commercial purposes. If you make suggestions to FSW on improving or adding new features to the FSW Service, FSW shall have the right to use your suggestions without any compensation to you.
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to FSW and grant the licenses set forth above; (ii) FSW will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold harmless FSW and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the FSW Site; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to FSW violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. FSW reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FSW in connection therewith.
13. License to Use the FSW Service
FSW grants you a limited, non-exclusive license to access and use the FSW Service for your own personal, non-commercial purposes. This includes the right to view content available on the FSW Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by FSW in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the FSW Service. Nor will you take any measures to interfere with or damage the FSW Service. All rights not expressly granted by FSW are reserved.
Mobile Devices, Applications And Set-Top Boxes/External Devices.
These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Xbox, Playstation and other such devices and their corresponding apps).
Your use of the FSW Service through any applications or device constitutes your agreement to be bound by these Terms.
Any FSW application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Android Marketplace, your console’s app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, FSW, LLC (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download the FSW Application, you will be:
- installing a software program on your product in the form of an application;
- entering into this contract with FSW, LLC governing your use of the application.
14. Third Party Links and Content
Certain links on the FSW Sites and/or the FSW Service may let you leave the particular FSW Site or FSW Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that FSW does not control these sites, nor has FSW reviewed or approved the content which appears on the linked sites. FSW is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that FSW 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 the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the FSW Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that FSW shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
15. Intellectual Property
You acknowledge that the FSW Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All FSW-generated Content and Content developed for FSW by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, FSW owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the FSW Site. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any
other website or networked computer environment is strictly prohibited.
The FSW name, logos and affiliated applications and technologies are the exclusive property of FSW, LLC All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
FSW owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
16. Copyright / DMCA Policy
FSW respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the FSW Site do not infringe any third party copyright.
FSW will promptly remove materials from the FSW Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, FSW may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
FSW will respond as quickly as practical to claims that infringing material appears on the Site. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Site copyright agent (“Agent”) the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed or improperly removed;
- A description of where the material that you claim is infringing or improperly removed is located;
- Your address, telephone number, facsimile number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; OR that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which FSW may be found and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
The Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
FSW Copyright Agent
Fresh Spiritual Wellness
801 Florida Rd. Suite 11
Durango, CO 81301 USA
17. General Provisions
Dispute Resolution, Arbitration And Governing Law.
Any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or the Site shall be submitted to mediation. If the matter cannot be resolved through mediation, then the matter shall be resolved through BINDING ARBITRATION. Judgment upon the award rendered in arbitration shall be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover attorney fees and costs in connection with the action. You may not under any circumstances commence or maintain against FSW or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above mediation and arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and FSW or its affiliates. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against FSW may be commenced only in the federal or state courts located in Durango, La Plata County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and FSW, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Interpretation; Severability; Waiver; Remedies.
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by FSW in exercising any right hereunder will waive any further exercise of that right. FSW rights and remedies hereunder are cumulative and not exclusive.
Successors; Assignment; No Third Party Beneficiaries.
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without FSW prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from FSW electronically. FSW may provide all such communications by email or by posting them on the FSW Site. For support-related inquiries, you may send an email to Amanda@freshspiritualwellness.com
or the following address:
Fresh Spiritual Wellness
801 Florida Rd. Suite 11
Durango, CO 81301
Nothing herein shall limit FSW right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Terms of Service posted by FSW on the FSW Site or a written amendment signed by an authorized representative of FSW. A revised Terms of Service will be effective as of the date it is posted on the FSW Site.
This Agreement incorporates the following documents by reference:
This Agreement constitutes the entire understanding between FSW and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.
END OF DOCUMENT.