TERMS OF SERVICE AGREEMENT
Envision Wellness Co. (“Company”), a Florida corporation in the United States of America, welcomes you to its website, www.envisionwellness.co (“Site”). Please read the following Terms of Service Agreement carefully. By accessing and using the information, resources, services, products, and tools we provide at www.envisionwellness.co you acknowledge that you have read, understand, and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as “User Agreement”) all the terms incorporated herein by reference. If you do not expressly agree to all of these terms and conditions, then please does not access this Site, its services, or its resources. This User Agreement is effective as of 05 January 2016.
We reserve the right to change this User Agreement at any time in the future and without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Additionally, if you are our client, your client agreement supersedes these policies, terms, and conditions to the extent there is any conflict between the two.
RESPONSIBLE USE AND CONDUCT
By visiting our website and accessing the information, resources, services, products, tools, and video and/or audio recordings we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, obscene, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any of the Company’s employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.envisionwellness.co, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
i. You agree to indemnify and hold harmless www.envisionwellness.co and its parent company and affiliates, and their owners, directors, officers, managers, employees, donors, agents, licensors, and affiliates, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
SITE CONTENTS AND OWNERSHIP
The information contained on this site, including but not limited to text, graphics, website name, code, images, logos, written materials, and other content (“Materials”) are the intellectual property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by the Company. Such inappropriate use without written authorization will be prosecuted to the full extent of the law.
The Company welcomes sharing its Materials, but you must first retain all copyright and other proprietary notices on all copies of the Materials. Written permission must be solicited and granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this Site for the authorized uses described above. You must provide correct attribution to Company.
You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials. Except as provided in this User Agreement, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
LIMITATION OF WARRANTIES
You expressly agree that the use of this website is at your sole risk.
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Resources will meet your needs or requirements.
- the use of our Resources will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Resources will be accurate or reliable, and
- any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from the Site or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Unless otherwise expressed, the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
LIMITATION OF LIABILITIES
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. The Company and/or its Site will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
LIMITATION ON CLAIMS
Any cause of action you may have with respect to your use of this SITE must be commenced within three months and no later than one year after the claim or cause of action arises.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
As a convenience to you, the Company may provide on this Site links to websites operated by other entities (“Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Sites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by the Company. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company.
The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Sites, other than linked information authored by the Company. Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Sites is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.
Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on:
- any Linked Sites;
- any information and/or content found on any Linked Sites; or
- any site(s) linked to or from any Linked Sites.
If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. The Company reserves the right to discontinue any Linked Sites at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
The Company does participate in affiliate relationships. Unless otherwise explicitly indicated, you should assume that references to products or services on this website are made because there is a pre-arranged benefit for recommending certain products and/or services between the provider of said products and/or services and the Company. By clicking on certain links, you may be directed to an affiliate website, where the Company may receive a pre-arranged benefit for recommending certain products and/or services. Such pre-arranged benefits may include, but are not limited to: complementary products or services, monetary commission, or non-monetary compensation upon taking action based on the content of this site, the site’s related social media channels, and/or electronic communications.
The Company recommends products and/or services on this website based on a good faith belief that such products and/or services will help the purchaser. As such, the Company only participates in affiliate relationships with products and/or services that the Company has personally used; or has researched the reputation of the provider of said products and/or services and decided to recommend the products and/or services of said provider based on the provider’s history of providing said products and/or services. The representations made by the Company about recommended products and/or services reflect the Company’s honest opinion based upon information known to the Company at the time that such products and/or services are mentioned on the website, the site’s related social media channels, and/or electronic communications. However, the Company’s recommendation in no way provides any guarantee of your experience with recommended products and or services.
The Company’s opinion about a product and/or service may be formed (consciously or unconsciously) because a material connection may exist between the Company and the provider of such products and/or services. Because such a material connection may exist between the Company and the providers of such products and/or services, you are advised to always assume the Company may be biased about said products and/or services because of said relationship between the Company and the provider and/or because the Company has received or will receive something of value from the provider.
Additionally, any testimonials, examples, case studies, etc. found on this website do not apply to the average person and do not reflect the typical purchaser’s experience. Such testimonials, examples, case studies, etc. are not intended to represent or guarantee that anyone will attain the same or similar results. If the Company has disclosed typical results based on information provided to the Company by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found on this website.
If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history.
Furthermore, you are advised to perform your own due diligence by way of conducting your own research and investigation before purchasing a product and/or service mentioned on this website, the site’s related social media channels, and/or electronic communications.
The Company assumes no liability for the recommendation of affiliate products and or services.
This website is controlled by www.envisionwellness.co from our offices located in the state of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida and the USA, by accessing our website, you agree that the statutes and laws of Florida and the USA, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
If you reside in the European Union, use of this website, its resources, and its materials implies your understanding and agreement that the laws of the state of Florida and the USA govern these terms and conditions, and take precedence over rights you might have under the General Data Protection Regulation (“GDPR”). Furthermore, your use of this site indicates your acknowledgment that any GDPR rights are ancillary and subservient to the laws of the state Florida and the USA.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Miami-Dade County, Florida, USA. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
ENTIRE USER AGREEMENT
This User Agreement constitutes the entire agreement between the Company and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this website.
A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If for any reason a court of competent jurisdiction finds any provision of this User Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this User Agreement, and the remainder of this User Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO USER AGREEMENT
The Company may revise this User Agreement at any time and you agree to be bound by the revised User Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this User Agreement from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this User Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
By communicating with representatives of this website by electronic message, text message, telephone calls, or any other electronic means, you agree that we can respond to you by the same means used or other means of electronic communication. Additionally, you agree to receive future electronic communications for marketing and commercial purposes by means of the information that you have provided to us (i.e. e-mail address, phone number, etc.). If you no longer wish to receive such communications, please send a written request by mail or e-mail to the addresses listed below. Please specify the means of contact you do not use for us to use. Please note that you can also use the “unsubscribe” button at the bottom of e-mails to be removed immediately.
If you have any further questions, comments, or concerns about these Terms of Service as outlined above, you can contact us at:
Envision Wellness Co.
1900 SW 57th Avenue, Suite 2
Miami, FL 33155
(305) 501 – 0133
info at envisionwellness dot co