Last Updated January 2019
This Service is offered to you conditioned on your acceptance without modification, of the terms, conditions, and notices contained in this agreement and any operating rules, policies, and procedures that may be published from time to time on this Website (the “Site”) by Amy-Noelle (collectively the “Terms”). The following Terms govern your access to and use of the Service. Your use of the Service constitutes your agreement to all such Terms.
Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Amy-Noelle products and services. In a case of any violation of these rules and regulations, Amy-Noelle reserves the right to seek all remedies available by law and in equity for such violations.
You are NOT required to register to use the services of the site. You can purchase Services and / or Products through this website only if you are at least 18 years old.
By using this website; (a) you warrant that all information you submit while registering is current, true and accurate; (b) you agree to update this information; (c) you agree not to use the Services for any unlawful purpose.
All our charges are routed through Amy-Noelle via cash, check or credit card (as determined at the time of payment). Any payment Dispute and/or Charge Back can result in the complete cancellation of future services. Charge Backs result in the forfeiture of all Amy-Noelle products/services.
Amy-Noelle is a Licensed Therapist business. We may sell audio, meditations, webinars and/or courses on the site currently or in the future. Amy-Noelle may also provide free messages/meditations/communication in exchange for the users’ email address if the users ‘opt in’ to receive marketing emails. All products, messages and content available through Amy-Noelle are for entertainment and/or educational purposes only and will not be considered substitution for professionally licensed therapy.
Modifications to the Service
Amy-Noelle reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to User, and is not obligated to support or update the Service. The amended Terms of Service of this agreement shall be effective immediately after they are initially posted on the Site. User’s continued use of the Service after the posting of the amended Terms on the Site constitutes User’s affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. User acknowledges and agrees that Amy-Noelle shall not be liable to User or any third party in the event that Amy-Noelle exercise its right to modify or discontinue all or part of the Service.
Modification of User Rates
Amy-Noel reserves the right, in its sole discretion, to change User pricing at their sole discretion without notification to users. Current pricing will always be clearly stated on product sales pages and on the retail portion of the website during the checkout process.
Links to third party sites from this site, are provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of that site or its provider or of any of the content, products, or services contained or offered therein. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. You further agree that we have no liability whatsoever from such third-party sites and your usage of them.
User agrees that use of the site is subject to all applicable Federal, state, and local laws and regulations and that User is solely responsible for the contents of its communications through the Service. User agrees to use Amy-Noelle for lawful purposes only. You agree: 1. to comply with Federal and State laws regarding the use of the services provided by this site; 2. not to use Amy-Noelle for illegal purposes; 3. not to interfere or disrupt networks connected to Amy-Noelle; and 4. to comply with all regulations, policies and procedures of networks connected to Amy-Noelle.
User agrees that it shall not distribute or facilitate distribution of any content, including but not limited to text, communications, software, images, sounds, videos, data, or other information that: (1) is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or provide links to adult contents elsewhere, or otherwise violates Amy-Noelle rules or policies; (2) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (3) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (4) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, facsimiles, any other form of unauthorized solicitation, or any form of lottery or gambling; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or (6) impersonates any person or entity, including any of our employees or representatives.
If you are found to be involved in any of the aforementioned acts of using the service unlawfully, you will be advised to remove the materials immediately. Failure to immediately remove the content will result in a cancellation of your account.
Additionally, in subscribing to Amy-Noelle, all Amy-Noelle users certify that they and/or the organization they represent in procuring services from Amy-Noelle are not, nor have been designated, a suspected terrorist; are not owned or controlled by a ‘suspected terrorist’; and are not on, are not a member of, related to, associated with, or controlled by any of the banned organizations.
Limitation of Liability
As a condition of use of the Service, and in consideration of the services provided by Amy-Noelle, User agrees that neither Amy-Noelle, nor any officer, affiliate, director, shareholder, agent, contractor, author, content creator or employee of Amy-Noelle will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site, Messages or Content.
Except as otherwise expressly provided in these terms, Amy-Noelle shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages, resulting from the use or the inability to use Amy-Noelle services or for cost of procurement of substitute goods and services or resulting from any products or services purchased or obtained or transactions entered into through the site or resulting from hacking of the website, unauthorized access to and use of, deletion or alteration of user’s transmissions or data or failure of the site to store user’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Amy-Noelle has been advised of the possibility of such damages. The entire liability of Amy-Noelle and your exclusive remedy with respect to the use of the site and the service or any breach of this agreement are limited to the amount paid by you for access to and use of the products or services in the sixty (60) days preceding the date of your claim. You hereby release Amy-Noelle from all obligations, liabilities and claims more than this limitation. Amy-Noelle shall have no liability for any failure or delay due to matters beyond their reasonable control.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances; consequently, some of the above limitations may not apply to a user, in whole or in part.
User will defend, indemnify and hold harmless Amy-Noelle and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, clients, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by User arising out of or in connection with this Agreement; (b) intentional or negligent violations by User of any applicable laws or governmental regulation, (c) contractual relations between the User and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
User acknowledges that Amy-Noelle has no control over the content of information uploaded/transmitted by Users and that Amy-Noelle does not examine the use to which Users put the Service or the nature of the information Users send or receive. User hereby indemnifies and holds harmless Amy-Noelle, its stockholders, officers, directors, employees and agents from all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by Users.
Intellectual Property Rights
User acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, messages, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service (“Content”), is protected by Laws pertaining to copyright, trademarks, service marks or other proprietary agreements of Amy-Noelle and/or third parties; and User is only permitted to use the Content as expressly authorized by Amy-Noelle. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Amy-Noelle. User agrees not to use or divulge to others any information designated by Amy-Noelle as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as specifically permitted herein, no portion of the information on the site may be reproduced in any form, or by any means, without prior written permission from Amy-Noelle. Users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on the site for any public, personal or commercial purposes.
You agree that we may terminate your right to use our Products/Services and/or your access to all or any part of the Website if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material. Additionally, Amy-Noelle has the right to deny an order and/or renewal of service.
Any attempt to undermine or cause harm to Amy-Noelle server or its clients is strictly prohibited and will be subject to automatic account termination. This includes Spamming.
Amy-Noelle may terminate user’s account and forfeit any fee at any time without prior notice if you are in breach of the terms of this Agreement. Amy-Noelle will be the sole arbiter as to what constitutes a violation of the Agreement.
If you wish to terminate this Agreement you may discontinue using the Website and related Products/Services and inform us by emailing us at firstname.lastname@example.org.
Entire Agreement/Severability, Assignment, Third Party Rights
This Agreement sets forth the entire agreement between you and Amy-Noelle in respect of this site and its content and services, and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof.In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Amy-Noelle failure to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You may not assign your rights under this Agreement to any party; Amy-Noelle may assign its rights under this Agreement without condition to provide the agreed services to you.
These Terms shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its choice of law provisions.