Terms of Service Agreement
General Terms and Conditions
1. Acceptance of Terms of Service: This Terms of Service Agreement (hereafter referred to as the “Agreement”) establishes the standards of use of the Applebell Wellness, LLC (“Applebell”, the “Company”) web site and services. Our web site, and services together are hereafter collectively referred to as the “Service”. Your use of the Service constitutes your acceptance of and agreement with all the terms and conditions outlined in this Agreement, as well as with the Applebell Privacy Policy (the “Privacy Policy”, available here). In addition, by using the Service, you pledge that you are 18 years of age or older. If you are younger than 18 years of age or if you object to anything in these Terms of Service or Privacy Policy, you are not permitted to use the Service. By accepting these Terms of Service, you pledge that you have also carefully read, comprehended, and accept the terms outlined in our Privacy Policy.
2. Amendment of Terms of Service: These Terms of Service may be amended in whole or in part by Applebell from time to time. Amendments will be effective immediately upon posting of the amended Terms of Service on this Website. You are responsible for ensuring you are familiar with the latest Terms of Service. Your continued use of the services represents your agreement to be bound by the Terms of Service as amended.
3. Definitions: In these Terms of Service, the following words or phrases are defined as follows:
a. “Client(s)” refers to individuals seeking to obtain products or services from Applebell and may hereinafter be referred to as “you” and its related words of “your,” “yours,” etc;
b. “Applebell Wellness, LLC,” “Applebell,” “Applebellwellness.com,” and “Company” and any website through which the services are offered refer exclusively to the Company and Jennifer Smith.
c. “Products and Services,” “Products,” and “Services” refers to the products produced, distributed, or sold and the services offered by Applebell.
4. Description of Services. Applebell Wellness provides personal coaching services; nutrition information, plans, and programs; fitness information, plans, and programs; meditation and mindfulness information, plans, and programs; stress reduction information, plans, and programs.
5. Electronic Communications. Visiting Applebellwellness.com or sending emails to Applebell constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
6. RELEASE. APPLEBELL IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY RELATED THERETO. THE COMPANY WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
7. Cancellation of Service/Refund Policy. You are personally responsible for settling any and all outstanding debts owed to the Company for products purchased by or services rendered to you by the Company. We reserve the right to involve a third party collection agency, if necessary, to collect any outstanding debt you owe the Company. Please contact us at applebellwellness@gmail.com with any questions.
8. Termination/Suspension. The Company may terminate or suspend your right to use the Service at any time for any or no reason by providing you email or written notice of such termination. Termination will be effective immediately upon delivery of such notice. Without limitation, the Company may terminate or suspend your right to use the Service if you breach any term of this Agreement. The Company may, at its sole discretion, decide that it does not want to do business with you and may cease providing service to you. If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your services, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Service. All sections, which by their nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
9. Billing and Payment. Users may visit our website and browse our products and services free of charge and without providing any personal information. In order to use our Services, a User must provide the Company with a method of payment (credit card or debit card). A Client will be personally financially responsible for each service, including any taxes, if applicable. Payment for each product will occur at purchase of said product. Payment for each product or service will adhere to the terms of the Coaching Agreement. The Company reserves the right, in its sole discretion, but not the obligation, to (a) place on hold any Service, or (b) refund or provide credits for a Service. Payments for Applebell products must occur through our website and payment methods for Applebell Services will be dictated in the Coaching Agreement. Discounted rates for products and Services may be available via a monthly subscription plan. If a Client elects to subscribe to such a monthly membership plan, the Company will charge the Client the agreed-upon monthly membership fee. The Client may cancel the monthly membership at any time without any penalty. There are absolutely no long-term obligations. Past and paid monthly fees are not refundable.
10. Links to third party sites/Third party services. Applebellwellness.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Applebell and Applebell is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Applebell is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Applebell of the site or any association with its operators. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by this Agreement. You access such third-party websites at your own risk. The Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Service.
11. Third Party services. Certain products and services made available via Applebellwellness.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the Applebellwellness.com domain, you hereby acknowledge and consent that Applebell may share such information and data with any third party with whom Applebell has a contractual relationship to provide the requested product, service or functionality on behalf of Applebellwellness.com Users. This includes services provided by the Payment Service Provider retained by Applebell.
12. Intellectual Property, Copyright and Trademark information.
a. You are granted a non-exclusive, non-transferable, revocable license to access and use our Service strictly in accordance with this Agreement. As a condition of your use of the Service, you warrant to Applebell that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
b. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof is the property of Applebell, its licensors, or other owners and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
c. The Applebell logo and Applebellwellness.com are proprietary trademarks of Applebell and may not be used in connection with any product or service that is not provided by the Company, in any matter that may cause confusion for Clients, or in any matter which disparages, defames, or discredits Applebell. You may not use the Applebell logo or slogans without express written authorization from an officer of the Company. Any other trademarks displayed on the Site or used by the Service are properties of their respective owners. The display of such trademarks or the use of such trademarks by the Service does not constitute an endorsement of those Vendors. Likewise, the Company does not imply, directly or indirectly, that those Vendors endorse, recommend, or are affiliated with Applebell.
d. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our Site or in our products. Applebell content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Applebell and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Applebell or our licensors except as expressly authorized by these Terms of Service.
e. Linking to the front page of Applebellwellness.com may be done without permission, so long as the link does not originate from a profane, scandalous, obscene, defamatory or unlawful site, which may adversely affect the reputation and good name of Applebell, as determined in the sole discretion of the Company.
f. Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Applebell designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Forest Hamilton
Attorney at Law
615-829-6181
615-499-5164 FAX
forest@foresthamiltonlaw.com
PO BOX 159330
Nashville, TN 37027
13. Use of communication services. The Site may contain a blog, Company ratings and reviews forum, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
a. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other User from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
b. Applebell has no obligation to monitor the Communication Services. However, Applebell reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Applebell reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
c. Applebell reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Applebell's sole discretion.
d. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Applebell does not control or endorse the content, messages or information found in any Communication Service and, therefore, Applebell specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Applebell spokespersons, and their views do not necessarily reflect those of Applebell.
e. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
14. Materials provided to Applebellwellness.com or posted on any Applebell web page. Applebell does not claim ownership of the materials you provide to Applebellwellness.com (including feedback and suggestions) or post, upload, input or submit to any Applebell Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Applebell our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
a. No compensation will be paid with respect to the use of your Submission, as provided herein. Applebell is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Applebell’s sole discretion.
b. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
15. Third Party Accounts. You may be able to connect your Applebell account to third party accounts. By connecting your Applebell account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
16. International Users. The Service is controlled, operated and administered by Applebell from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Applebell Content accessed through Applebellwellness.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
17. Indemnification. You agree to indemnify, defend and hold harmless Applebell, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Service, any User postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Applebell reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Applebell in asserting any available defenses.
18. Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators’ award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
19. Class Action Waiver. Any arbitration under these Terms of Service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
20. Liability disclaimer. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, EITHER ONLINE OR OFFLINE, OF ANY USER. ADVICE RECEIVED VIA THE COMPANY SITE OR FROM ONE OF THE COMPANY CONTRACTED PROFESSIONALS SHOULD NOT BE RELIED UPON. INSTEAD, YOU SHOULD PERSONALLY CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE TAILORED TO YOUR SPECIFIC SITUATION. THE COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY SERVICE OR TASK PERFORMED BY INDIVIDUAL PROFESSIONALS.
21. ACCURACY. THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
22. NO REPRESENTATION OR WARRANTY. APPLEBELL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. APPLEBELL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
23. WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APPLBELL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF APPLEBELL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
24. Termination/Access Restriction. Applebell reserves the right, in its sole discretion, to terminate your access to the Site and the Service or any portion thereof at any time, without notice.
25. Applicable Law. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
26. No Agency or Joint Venture. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Applebell as a result of this Agreement or use of the Site. Applebell’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Applebell’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Applebell with respect to such use.
27. Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
28. Changes to Terms. As noted above, Applebell reserves the right, in its sole discretion, to change or update the Terms of Service and Privacy Policy without prior notice. Modifications shall become effective immediately upon being posted to the Applebell website. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review this Agreement in order to stay informed of our updates. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any future revision of this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Applebell, at its sole discretion, may modify or discontinue any aspect of the Service at any time without notice or liability. The Company may also impose limits on certain features or restrict User access to parts or all of the Service without notice or liability.
BY USING APPLEBELL SERVICES, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.