THE ALLISON FRAHN BRAND, LLC
TERMS OF SERVICE
Last modified on July 10, 2015
These Terms govern your access to and use of the Service and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). Please read them carefully. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
By continuing to use the Service, you are agreeing to these Terms. If you do not agree to these Terms, you must stop using the Service and delete your account on the Service.
We reserve the right to modify these Terms at any time without notice. Your continued use of the Service constitutes your acceptance of any modified Terms. Your violation of any portion of these Terms may result in immediate termination of your account. Questions about these Terms may be sent to email@example.com.
Access to the Service.
The Company does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Service. If you are under 18, you are prohibited from registering for the Service and sending any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected personal information from anyone under 18, we will delete that information as quickly as possible. If you believe that we might have any information from or regarding anyone under 18, please contact us at firstname.lastname@example.org.
You hereby represent and warrant to us that: (i) (A) if you are accepting these Terms and using the Service in your individual capacity, you are of legal age to form a binding contract or (B) if you are accepting these Terms and using the Service for a company, organization, government, or other legal entity, you are authorized to do so; (ii) all registration information you submit is accurate and truthful; (iii) you will maintain the accuracy of such information; and (iv) you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service. These Terms are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
We may prohibit any user from using the Service in our sole and exclusive discretion for any reason, and we are not liable for any damage or loss resulting from such prohibition.
You are responsible for using the Service, for any Content you post to the Service, and for any consequences thereof. The Content you submit, post, or display can be viewed by other users of the Service and through third party services and websites and you should only provide Content that you are comfortable sharing with others under these Terms. WE ASSUME NO LIABILITY FOR THE CONTENT THAT YOU SUBMIT OR POST TO THE SERVICE.
You may use the Service only if you can form a legally-binding contract with the Company and are not barred from using or accessing the Service under the laws of the United States or other applicable jurisdiction.
The Service is always evolving, and the form and nature of the Service may change from time to time without prior notice to you. We may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or other users and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion without prior notice to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for us granting you access to and use of the Service, you agree that we and any of our third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Checkout and Payment. Payments are processed through a third-party payment processor.
Refund Policy. We will refund the purchase price of goods or services you purchase via the Service if it is determined, in our sole and exclusive discretion, that a refund is appropriate. To be eligible to receive a refund you must send us a written request for a refund, specifying the nature of the request, and furnish all appropriate documentation and materials to enable us to evaluate the refund request, within 10 days after you receive the goods or services for which you are requesting a refund. After 10 days, refund requests may be considered on case-by-case basis. If we grant you a refund for goods purchased via the Service, you will be required to ship to us the goods for which such a refund is granted at your own expense. We will process your refund within 10 days after we receive the goods for which we granted a refund. Nothing in this Section 4 relieves you of your other obligations set forth in these Terms.
No Medical Advice. Neither the Service, the Website, nor the Company is intended to provide medical advice, diagnosis or treatment. The products and Content provided on and through the Service, including any and all information provided by a healthcare or nutrition professional, whether on the Website or on any third-party website to which the Website links, are provided for informational purposes only. Please consult with your physician or other healthcare professional regarding any medical or health-related diagnosis or treatment options. Any comments made by users in social forums or in reviewing products are strictly their own personal views made in their personally capacity and are not claims made by us nor do they represent the view or position of the Company.
Password. You are responsible for safeguarding the password or credentials that you use to access the Service and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your account on the Service. We are not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Service.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Service. This license is revocable at any time. This license is subject to these Terms.
You acknowledge that we have no control over, and no duty to take any action regarding the following: (i) which users gains access to the Service; (ii) what Content you access via the Service; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release the Company from all liability for you having acquired or not acquired Content through the Service.
You are liable and responsible for all Content that you publicly post or privately transmit via the Service. We are not the source of, do not verify or endorse, and take no responsibility for the content of communications made using the Service. By using the Service, you agree that any Content you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
We have the right, but not the obligation, to remove Content that we determines in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended spirit of the Service. We also have the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Content. Users of the Service have the ability to flag Content that you post. In the event your Content is flagged, we reserve the right to automatically remove such Content and suspend or permanently terminate your account on the Service.
We reserve the right (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to suspend or terminate users or reclaim usernames without liability to you. We also reserve the right to retrieve and review communications between all users of the Service. As a normal course of business, we do not review interactions between the users, but if we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
You are prohibited from posting Content that:
Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
Is a direct and specific threat of violence to others;
Is in furtherance of illegal activities;
Is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or
Is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.
You may not submit or publish Content that contains falsehoods or misrepresentations, solicits funds or services, contains advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, violates the publicity, privacy or data protection rights of others, impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Service regarding their Content. You agree not to circumvent, disable or otherwise interfere with the security related features of the Service or features that prevent or restrict using any Content.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Service to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data; or (vii) reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service.
Subject to the license granted below, any Content communicated, uploaded or posted to the Service belongs to the person who posted such content. You may use any Content posted by you in any other way without restriction. You may only use Content posted by others in the ways described in these Terms of Service.
When you upload, communicate or submit Content on or through the Service, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully-sublicensable license to publish and use your Content. This right will continue even after you stop using the Service. Besides the right to publish, you also grant us, under said license, the following rights, without limitation: (i) the right to reproduce or copy or create derivative works; (ii) the right to transfer, deliver, and sell the Content, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, develop, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; (v) the right to film, perform or post the Content in any media; and (vi) the right to use or incorporate all or any part of the Content in any other of our products or services. By posting Content, you waive any and all rights to be compensated by us for such Content.
You agree that any feedback, suggestions, ideas, or other information or materials regarding the Company or the Service that you provide, whether by email or otherwise, are non-confidential and shall become the sole property of the Company. We will be entitled to any unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without the acknowledgment or compensation to you. You waive any rights you may have to the feedback (including copyrights or moral rights).
The submission of your Content on the Service is entirely voluntary, non-confidential, gratuitous, and non-committal. You acknowledge that you have read, understand, and agree to the terms enumerated below, and you further agree that these terms shall apply to any additional material previously or later submitted:
The Content represents your own original work. You have all necessary rights to submit the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by using the Content.
You understand that disclosure of Content does not establish a confidential relationship or obligate us to treat your Content (or any related materials) as secret or confidential.
You irrevocably release and forever discharge us and our affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall, or may have against the Released Parties or their respecting successors and assigns regarding the Content, including without limitation regarding how we and our affiliates and subsidiaries, directly or indirectly, use the Content.
Copyright Ownership, and Data Security.
We own intellectual property rights to any protectable part of the Service, including but not limited to the design, artwork, images, code, icons, photographs of products, labels, slogans, tag lines, functionality, and documentation (“Company Content”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit , in whole or in part, any part of the Service owned by us.
We respect the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to our copyright agent, who can be contacted by emailing email@example.com:
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;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone 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 owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Any fees paid are non-refundable. Upon termination of your account, your right to use the Service or to access any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Disclaimers. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND YOU ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
Limitations on Liability.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL OUR OR OUR AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO US HEREUNDER.
Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless the Company, our affiliates, and each’s respective directors, managers, officers, employees, members, investors, licensors, and suppliers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Service; (b) any Content you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; or (d) violating the rights of another.
Service Available “AS-IS.”
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We make no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content; (iii) the deletion of, or failing to store or to transmit, any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the Service will create any warranty not expressly made herein.
International Users. The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.
Children’s Privacy. We do not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service. The Service and its Content are not directed to individuals under the age of 18. If we learn we have collected personal information from an individual under the age of 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about an individual under the age of 18, please let us know at firstname.lastname@example.org.
Our failure to enforce or exercise a right provided in these terms is not a waiver of that right.
Should any provision of these terms be found invalid or unenforceable, the remaining terms shall still apply.
Any dispute between you and us will be governed by these Terms and the laws of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
These Terms constitutes the entire agreement between you and us and supersedes any and all previous agreements, written or oral, between you and us, including previous versions of these Terms.
We may modify these terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these terms on this page. If you do not agree with or accept the changes in the terms, you should discontinue your use of the Service.
These Terms create an agreement between us and you. They create no third-party beneficiary rights.
Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future.
© 2015 The Allison Frahn Brand LLC. All rights reserved.
The Allison Frahn Brand, LLC © is committed to providing healthy products to nourish your body, mind, and soul. We know how important it is to truly feel good on the inside which helps us to look good on the outside. Take care of all of you; love yourself from the inside out!
THE ALLISON FRAHN BRAND, LLC. ©
The Allison Frahn Brand, LLC. © 2015