TERMS & CONDITIONS
Welcome to Affirmation Addict! Affirmation Addict LLC. (“Affirmation Addict”, “We”, “Us”) provides our website located at www.affirmation-addict.com (the “Site”) and our self-improvement services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App they will be called “Services” or “Products”. Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.
AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
CHANGES TO TERMS OR SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
WHO MAY USE THE SERVICES
You may use the Services only if you are 18 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract. If you are less than 18 years of age, your use of Services must be under the guidance and permission of a parent or legal guardian.
Account and Your Information
If you want to use certain features of the Services you’ll do so through your account with certain third-party social networking services such as Facebook (each, an “SNS Account”).
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You may not use the SNS Account of another person or entity that is not lawfully available for use wthout appropriate authorization.
USING THE SERVICES
Via the Services, users can select from a variety of options to create customized affirmations and create personalized reminders according to your needs. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the “Products”), as described in further detail under the Section titled “Purchases” below.
You understand and agree that the Services, Products and any other information you learn from Affirmation Addict are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care.
Not all activities described on the Services or Products are suitable for everyone. You understand and agree that you are solely responsible for your use of the Services.
Affirmation Addict offers certain enhanced features of the Services which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Affirmation Addict may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Affirmation Addict until accepted and confirmed by Affirmation Addict. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Affirmation Addict.
Affirmation Addict reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Affirmation Addict deems appropriate in its sole discretion. Affirmation Addict also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Affirmation Addict will either not charge you or refund the charges for orders that we do not process or cancel.
Certain refund requests for Products will be considered by Affirmation Addict on a case-by-case basis and granted in the sole discretion of Affirmation Addict LLC. By using our Products you understand and agree to this policy. If for any reason, you are not satisfied with the Product you have purchased and you want to return the Product, please contact us for information.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged for one-time purchases (e.g. Personalized Affirmation Kit or Highest Self Consultation) unless you opt-in to proceed with a Payment Plan. For Payment Plans, you are responsible for completing the payment plan on time. If you do not, you may be charged a late fee in addition to your remaining balance.
When you subscribe to the Services through the App, you will be billed on a recurring basis. Your subscription will automatically renew under the same conditions, unless you cancel it or Affirmation Addict LLC cancels it. You can cancel the renewal of your subscription at any time within the App or App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.
You are responsible for providing complete and accurate billing information for all Products and Transactions. If for any reason billing fails, We will issue an electronic invoice that you must process within a given period of time as indicated on the invoice.
Changes to Pricing and Fees
Affirmation Addict LLC reserves the right to change its pricing for Subscriptions and Products. We will provide you with a reasonable advance notice of any such changes to give you the opportunity to modify or terminate your Subscription preferences. Changes will only become effective after pricing terms have been communicated to you and in the following billing cycle. If you continue to use the service after the fee comes into effect, you are agreeing to pay the modified subscription fee amount.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Affirmation Addict regarding future functionality or features.
FEEDBACK & SUBMISSIONS
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
CONTENT AND CONTENT RIGHTS
For purposes of these Terms, (i) “Content” means text, graphics, images, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Affirmation Addict exclusively owns all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
You are responsible for the User Content that you post or provide through the App and you warrant that it is yours and you are authorized to post it to the App. We take no responsibility and assume no liability for Content you post on the App. However, when User Content is posted, Affirmation Addict LLC has the right and license to use, modify, display, reproduce or distribute this if necessary.
You may not use any of our Products or Services for any other purpose than that for which we make available. You agree not to do any of the following:
Upload, post, email or otherwise send any materials that contains software viruses or any other computer files, code, programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware directly or indirectly linked with the Products.
Impersonate any other user while using the App
Use the product for any scientific research unless provided authority by Affirmation Addict LLC
Make improper use of our support services or submit false reports of abuse or misconduct
Sell or transfer your profile
Delete the copyright from any Content
Harass, threaten, annoy, intimidate or blame any of our employees
Use our Products or any aspect of our product to ocmpete with us for your own revenue-generating endeavor or commercial enterprice
Replace the site and/or app with medical services
Make any unauthorized use of the site or app that may violate other users’ personal data
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
LINKS TO THIRD-PARTY WEBSITES
The Services and App may contain links to third-party websites or resources that are not owned by Us. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources. We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you, for any reason. If you wish to terminate your account, you are able to cancel your Subscription with the App Provider directly.
Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. You are using the Services at your own risk. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Affirmation Addict provides some Cntent in the health and wellness space. We are not a health care or medical provider. Our products should not be considered medical advice, therapy or any substitute for professional medical care. Although there is evidence that Affirmations can improve health and wellness, Affirmation Addict makes no claims, representations or guarantees that the Products provide a therapeutic benefit or replacement.
Affirmation Addict provides Content for general information purposes only. The material provided is intended for you to use by your own choice, but is not intended to be a replacement for professional care. We are not liable or responsible for any consequences that may occur, as you are participating and using the information by choice and assume full responsibility.
DMCA NOTICE AND COPYRIGHT
Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millenium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. To do so, provide our Copyright Agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:
Affirmation Addict LLC
Attn: Copyright Agent
3145 E Chandler Blvd
Suite 110, PMB 309
Phoenix, AZ 85048
Our Products are our proprietary property, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (“Content”) and trademarks, logos and copyright are owned and controlled by Us and protected by copyright and trademark laws in the United States and foreign countries. Our trademarks may not be used in connection with any other product or service without our written consent.
You will agree to defend indemnify and hold harmless Affirmation Addict and its employees, contractors and affiliates from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
LIMITATION OF LIABILITY
Neither Affirmation Addict nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Affirmation Addict has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will Affirmation Addict’s total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Affirmation Addict for use of the Services, Products or Content or fifty dollars ($100), if you have not had any payment obligations to Affirmation Addict, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Affirmation Addict and you.
Our Customer Service representatives are ready to assist you and address any concern you may have. Email us at firstname.lastname@example.org
In the event that our customer service team is unable to resolve your concern, the dispute will be resolved by binding, individual arbitration.
These Terms and any action related thereto will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Affirmation Addict will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Agreement to Arbitrate
All disputes arising out of, relating to, or in connection with these Terms or your use of Products, Services of content that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Affirmation Addict are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Affirmation Addict otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Affirmation Addict submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Affirmation Addict will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the “Modification” section above, if Affirmation Addict changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Affirmation Addict’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Affirmation Addict in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Affirmation Addict and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Affirmation Addict and you regarding the Services, Products and Content.
If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Affirmation Addict’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Affirmation Addict may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Affirmation Addict under these Terms, including those regarding modifications to these Terms, will be given: (i) by Affirmation Addict via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Affirmation Addict’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Affirmation Addict. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact Affirmation Addict at firstname.lastname@example.org