Thank you for your interest in our product(s)! Please review the following agreement before making your purchase.
Live Love Be Evergreen LLC Product Service License
PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I ACCEPT/AGREE” BUTTON AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THIS SERVICE LICENSE MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS SERVICE LICENSE AND ANY AMENDMENTS THERETO AFTER THIS DATE.
1. Definitions and Interpretation.
“Website” means the website located at https://yaniquebell.com and includes the entirety of the site.
“Acceptance” means that You have accepted the terms of this Service License and has manifested said acceptance by clicking on the “I Accept/Agree” button at the bottom of this Service License.
1.3. Information Entry Page
“Information Entry Page” means the registration and payment page that shall be provided to You upon acceptance of this Service License.
- All respective schedules, exhibits, and/or attachments referenced are attached here- to and incorporated herein by this reference, including without limitation, the Informa- tion Entry Page.
- Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Service License. The language in this Service License shall be interpreted as to its fair meaning and not strictly for or against any party.
- This Service License, together with any other documents incorporated herein by ref- erence, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter, including any third party agreements with financial institutions or service providers such as PayPal (collective- ly, “Other Agreements”). In the event of any inconsistency between the terms and conditions of this Service License and such Other Agreements, the terms and condi- tions of this Service License shall control.
2. Duties of Company
Company shall not disclose to third parties any personal information which You forward to Company. The information which You forward to Company shall be used solely by Company for the purposes of billing, advertising, for notifying You of any changes to this Service License, or any other purpose which Company deems necessary to carry out its duties under this Service License.
3. Your Duties
3.1. Use of and Access to Products
You understand and agree that your access to the Live Love Be Evergreen LLC products is granted via a limited, non-exclusive use license subject to the terms and conditions noted in this Service License herein. Such access and rights granted are personal to You and shall not be shared, transferred, or assigned, in whole or in part, by any act of You or by operation of law without the prior written consent of Company, which may be withheld or granted in Company’s sole discretion.
Without limitation, your use or access to any product made available to You for download is absolutely conditioned on your understanding and use for personal, not commercial, purposes. Without limitation, You shall not:
- Rely on any Course, Service, or Product for success or guaranteed results of any kind. You understand that none of the foregoing is a get rich scheme, nor intended to provide any professional, financial, legal, medical, or psychological services or advice. You are solely responsible for your own physical, mental, and emotional well-being, decisions, choices, actions, and results;
- Copy, reproduce, or duplicate the Company Content, by any means or in any manner, excluding such use for viewing and non-commercial personal use as intended (e.g. completion of workbooks and journal guides);
- Modify, adapt, translate, incorporate into or with other ideas or ventures, or create a derivative work of any part of the Company Content or Membership Website; or
- Decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Membership Website by any means whatsoever.
Company hereby reserves any and all rights in and to the Website, Services, Products, and Courses which are not expressly granted to You herein. Such reserved rights are the sole and exclusive property of Company, any one of which may be exercised or enjoyed by Company, directly or indirectly, at any and all times.
You agree to pay Company a single lump sum payment for the term of this Service License.
3.3.Rules and Regulations
3.4. Information Entry Page
You shall enter and forward to Company truthful and factually accurate information on the Information Entry Page. You shall provide credit card information on the Information Entry Page that Company shall use according to Section 5 below.
3.5. Intellectual Property Ownership
You acknowledge and agree the Company Content shall include, without limitation, all materials that are part of the Website, Courses, and Products, which are wholly owned by the Company. You shall not contest or challenge, or take any action inconsistent with or that may damage or impair Ownership or intellectual property rights of Company Content.
4. Length of Service License
Unless otherwise noted in this Service License, the term and the rights granted herein shall begin on the date You assent to this Service License and all necessary conditions herein (e.g. successful payment).
You understand and agree that your access to the Product(s) is contingent on your payment and Company’s successful processing of such payment according to Section 5 below. You shall indicate your assent to this Service License by allowing Company to charge your credit card in full. Company reserves the right to modify or terminate this Service License or your access to the Membership Web- site, without notice, at any time, and without liability to You and subject to Company fulfilling its previous responsibilities to You based on acceptance and clearance of your payment.
5. Terms of Payment
- You shall pay a single lump sum of the product prices listed on the Website to Company during the course of this Service License. Some financial institutions add additional transaction fees for foreign transac- tions. Since your bank charges these fees, please contact them directly with any related questions. You shall provide Company with a credit card number or other payment method, as stipulated on the Information Entry Page, to which Company shall bill the lump sum.
- If the payment is declined, returned or deemed fraudulent, your access to the products will be suspended until all payments are made in full.
- You agree to contact our customer support team by e-mail at email@example.com if there is an issue with a double charge on your order to have the problem resolved.
- To the fullest extent permitted under the law, You understand and agree that You irrevocably waive your right to any dispute or payment resolution mechanisms available by third parties or through the Other Agreements (whenever entered) in connection with the subject matter of this Service License, including without limitation, PayPal or credit card chargeback disputes.This section shall expressly survive termination of this Service License for any reason. Company expressly reserves any right to utilize all legal and equitable means to recover outstanding amounts due.
The timeline and suggested completion of each product is specified in the product description. You will hold lifetime access to Product(s). Herein, “ifetime access” refers to the lifetime of the Company and Company Site, which are subject to change. You will be notified of any abrupt termination of the Company and/or Website. In this occasion, you will be given a reasonable amount of time to download and access all purchased Product(s). For these purposes, it is your responsibility to ensure the Company has an up-to-date e-mail address which you may be contacted with, especially in time-sensitive circumstances.
Due to the nature of our products, we do NOT offer refunds.
7. Information Entry Page
You shall be prompted to enter the following information on the Information Entry Page after indicating acceptance to this Service License. The Information Entry Page shall request the following information from or relating to You:
- first and last names;
- mailing address;
- telephone number;
- available payment options and amounts to be charged, along with frequency of such charge; and
- credit card information, including billing address to process above selected payment option and amount;
The Information Entry Page may also ask You to enter voluntary information that shall be used solely for the purposes of determining your profile or otherwise setting up your account. This information shall not be forwarded to any third parties as described above.
8. Limitation of Liability
The Services, content, and other material of any kind provided by Company are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MER- CHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOY- MENT; AND 8) TITLE. YOU AGREE THAT ANY EFFORTS BY COMPANY TO MODIFY ITS PRODUCTS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY PROVIDED WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
YOU FURTHER AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSI- NESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF WEBSITE OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to You. In such jurisdictions, Company’s liability is limited to the greatest extent permitted by law.
9.1. Dispute Resolution; Binding Arbitration
This Service License shall be construed in accordance with the laws of the United States of America and the State of New Jersey, without regard to its conflicts of laws principles. Excluding Company’s enforcement rights with respect to any outstanding payments due or owing, any and all disputes between the Parties arising from or related to this Agreement shall be heard and determined by binding arbitration in New Jersey in accordance herein.
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING FROM OR IN CONNECTION WITH THIS SERVICE LICENSE OR THE SUBJECT MATTER HEREIN. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTH- ERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELATING IN ANY WAY TO THIS SERVICE LICENSE OR YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by an arbitrator of the Company’s choosing. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the Parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
The foregoing provisions shall not limit the right of Company to commence any action or proceeding to compel arbitration, to obtain injunctive relief pending the appointment of an arbitrator, or to obtain execution of any award rendered in any such action or proceeding, in any other appropriate jurisdiction or in any other manner. Without limitation, Company is not bound by or required to seek any outstanding monies due or payable and may seek all appropriate legal and equitable relief in New Jersey state and federal courts or otherwise as available. The Parties agree to accept service of process by mail at its or their business address listed herein and waive any jurisdictional or venue defenses available to them. The prevailing Party shall be entitled to an award of its reasonable attorneys’ fees and costs.
You are solely responsible for any and all aspects of your use of the Products, Website and Company Content as specified or explicitly authorized in this Service License. As such, You agree to indemnify, defend, and hold Company harmless with counsel of Company’s choice against any qualifying disputes or third party claims. This obligation shall survive termination for any reason.
9.3. Entire Service License
This Service License supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Service License contains all of the covenants and agreements between the parties with respect thereto. This Service License may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures.
9.4. No Waiver; Amendments and Modifications
Failure of or delay by Company to insist upon strict performance of any of the covenants or terms hereof shall not be construed to be a waiver of any such other covenants, terms, or remedies.
This Service License shall be amended or modified only by a writing signed by both Parties. If such a written amendment is entered into, such written amendment shall modify only the provisions of this Service License specifically modified and shall be deemed to incorporate by reference, unchanged, all remaining provisions of this Service License.
This Service License and the contents hereof constitute a confidential business relationship between the Parties. Each Party acknowledges that significant damage could be done to the other one should the terms of this Service License become public knowledge. Both Parties agree that they will not reveal the terms of this Service License to any third party (excluding agents, attorneys, representatives, and others with whom they have a legal obligation to disclose) and that they will exercise reasonable precautions to ensure that neither they nor their employees, agents, or affiliates shall allow the terms of the Service License to become public knowledge.
In the event that any provision of this Service License is held to be void or unenforceable by a court or judicial body of competent jurisdiction, the remaining provisions of this Service License shall nevertheless be binding upon the Parties with the same effect as though the voided or unenforceable part had been deleted.
10. Knowing Consent and Authority to Consent
The Parties knowingly and expressly consent to the foregoing terms and conditions. Each Party is authorized to enter into this Service License on behalf of its respective party.
THE “I ACCEPT/AGREE” SIGNATURE FOLLOWS. THIS BUTTON SHALL THEN DOWNLOAD THE INFORMATION ENTRY PAGE TO THE SUBSCRIBER’S COMPUTER. IF YOU DO NOT CLICK ON THIS BUTTON, THIS AGREEMENT SHALL BE NULL AND VOID AND YOU WILL NOT HAVE RIGHTS TO ACCESS THE PRODUCTS.