Terms and Conditions
Last Updated: December 15, 2020
The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (also referred to as “Customer” or “User”) and Affirmation Addict (also referred to as “we” or “our”) describe the specifications on which you may access, register, subscribe, and use our website, https://www.affirmation-addict.com/ (the “Website”) or download the Affirmation Addict mobile application (the “App”) on Google Play or the Apple App Store (together the “App Store”) including all information, tools, and Services available to you, conditioned upon your acceptance of all the Terms, conditions, policies, and notices stated herein.
Affirmation Addict provides Users access to its online courses, podcasts, products, coaching and consulting services on the Website, as well as daily affirmations and other products on the App, which allow Users to understand, integrate, and use the power of affirmations in their daily lives (together referred to as the “Services”). The App is available directly to Users through the App Store. By visiting or accessing the Website, purchasing or downloading the App, and/or utilizing our Services, you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS; AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW AFFIRMATION ADDICT’S PRIVACY POLICY BEFORE OR USING ANY OF THE SERVICES AVAILABLE TO YOU.
DO NOT USE OUR SERVICES IF YOU: (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE AND/OR APP OR ANY OF ITS CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW. BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS HEREIN, THEN YOU MAY NOT USE ANY OF OUR SERVICES.
Any new features or tools, which are later added to the Website and/or App, shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Affirmation Addict, reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes directly to our Website and/or App in our sole discretion. It is your sole responsibility to check this page periodically for changes. Your continued use of, or access to, our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Registration
Upon enrolling in any of our courses or coaching and consulting services on the Website you will be required to create an account which will include providing your name, address, email address, and payment information (together your “Personal Information”). By downloading the App in the Apple Store, you will be required to input some or all of your Personal Information in order register and receive a seven (7) day free trial as described in Section 6 of these Terms.
Our courses are not provided through the App; however, Customers who purchase our courses may receive the App for free through the duration of their enrollment, subject to the Terms herein.
Service Terms
By agreeing to these Terms, or by using any of our Services, you represent that you are at least the age of majority in your state or province of residence. Minors may use our Services under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for his or her use of the Services, including all liabilities.
All Users must be in good standing and cannot be an individual that has been previously barred from receiving Affirmation Addict’s Services under the laws of any applicable jurisdiction. You may not use our Services for any illegal or unauthorized purpose, nor may you, in using our Services, violate any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright laws). You also represent and warrant that you are using the Website and/or App for your own personal use only, and not for resale, export, re-use or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your Services.
You agree that Affirmation Addict may, without any prior notice, immediately suspend, terminate, discontinue, or limit your use of or access to any of our Services at our sole discretion, for any reason, including but not limited to:
Any breach or violation of these Terms, or any other incorporated agreement, regulation, or guideline;
By way of request from law enforcement or any other governmental agencies;
The discontinuance, alteration, and/or material modification to our Services, or any part thereof;
Any engagement by you in any fraudulent or illegal activities; and/or
The non-payment of any associated fees that may be owed by you in connection with your Customer account. Furthermore, you hereby agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regard to the termination of your account or access to any of our Services.
Affirmation Addict reserves the right to refuse Services to anyone, for any reason, at any time, at our own discretion. Affirmation Addict also reserves the right, but does not have the obligation, to pre-screen, refuse or delete any content currently available through our Website and/or App. In addition, we reserve the right to remove and/or delete any such content that would violate these Terms or which would otherwise be considered offensive to Users.
You will provide true, accurate, and current information if you establish an account with us. Our Services may include an online forum, group meetings, or a social network. Your engagement with our Services (including but not limited to, interaction with other members, advertisers, videos viewed, or audio accessed) may be shared with others in accordance with our Privacy Policy, and Section 8 of these Terms.
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or with your account. It is your responsibility for any act or omission of any third party that accesses your account information that, if undertaken by you, would be deemed a violation of these Terms. It shall be your responsibility to notify us immediately if you notice any unauthorized access, use of your account, or any other breach of security. Affirmation Addict shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
General Conditions of Use
We grant you a limited, worldwide, revocable, non-sublicensable, non-transferable, and non-exclusive license (“License”) to use our Services for your own private, personal, and non-commercial use, subject to certain rules and limitations as provided herein. The License includes the limited right to use our copyrighted Materials as described in Section 5, including our consulting and coaching course Materials, during the course of receiving Services.
You may quote, share, post or repost photographs, images, and affirmations provided in our Materials, on our App, or on our social media platforms (including, but not limited to, Facebook, Instagram, Twitter, Pinterest, etc.) on any public forum, social media platform, public blog, or anything of the like; however, in doing so, you acknowledge and agree that you shall accredit Affirmation Addict accordingly using the appropriate names, trademarks, quotes, tags, or handles. Under no circumstances shall you use any Licensed Material as your own, or in any way that may be viewed by the public as your own. Affirmation Addict shall determine in its sole discretion if you are using any Licensed Material in violation of this clause or any of these Terms, and you agree that you may be subject to copyright violations, damages, or other legal proceedings.
By using our Services and accepting these Terms, you acknowledge and agree that you will not use our Services, including the License, any copyrighted Materials, or any part thereof, to create, market, or sell a similar product or service in competition with Affirmation Addict. You acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit the Services, License, Materials, or any portion thereof.
Affirmation Addict reserves the right, but has no obligation, to modify, update, or discontinue its Services, or any content on the Website and/or App (or any part thereof), without notice at any time. Affirmation Addict shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services. You agree that it is your responsibility to monitor our Website and/or App for any changes that may occur.
Affirmation Addict shall not be held responsible if information made available on its Website and/or App is not accurate, complete, or current. For clarity, you are relying on any information at your own risk.
You consent to receiving communications from us, including but not limited to, e-mails, text messages, and/or calls regarding your orders, purchases, or updates to our Services, marketing, advertising, and any other relevant information.
As a User, you acknowledge, understand, and agree that all information, text, data, photographs, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, expressed by you is your sole responsibility. Furthermore, you may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws, rules, or regulations in your jurisdiction. You agree not to make use of our Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:
Uploading, posting, transmitting, or otherwise making available any content that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, offensive, obscene, libelous, or which is hateful, threatening, or otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred, or profanity;
Causing harm to minors in any manner whatsoever; and/or
Impersonating Affirmation Addict, any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
If you are accessing the Services through an Apple Device, please note the License granted to you in these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services. Similarly, if you download our App on Google Play and are accessing the Services from there, the License granted to you herein is subject to the terms and conditions set forth in the Google Play Terms of Service (https://play.google.com/intl/en-us_us/about/play-terms/index.html) and any third party terms of agreement applicable to our Services.
Content
By using our App, you affirmatively consent that Affirmation Addict may use and share your video and image viewing data with third parties until your consent is withdrawn. Affirmation Addict may track your viewing for its research, analytics, or advertisement serving purposes. It may share such information with:
“Ad Networks” which are companies that display advertisements to you in the App;
“Data Analytics Providers” which are companies that collect and analyze the information collected about you; and
“Social Networks” which are companies that connect individuals around common interests and facilitate sharing (e.g., Facebook).
Wireless and Location-Based Features; Social Media Plug-ins
Wireless Features
Our Services may offer certain features that are available to you via your wireless device. These features may include the ability to access our Services, upload content, receive messages, and download applications to your wireless device (collectively, “Wireless Features”). Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. In addition, your carrier may charge you for standard messaging, data, and other fees to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. We have no responsibility or liability for any fees or charges you incur when using Wireless Features. You should check with your carrier to find out whether any fees or charges will apply, what plans are available, and how much they cost. You should also contact your carrier with any other questions regarding these issues.
Terms of Wireless Features
If you register for any Wireless Features, you agree that, in connection with those Wireless Features, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features in accordance with our Privacy Policy. If you have registered via our Services for Wireless Features, then you agree to notify us of any changes to your wireless contact information (including you phone number) and to update your Customer account to reflect such changes.
Location-Based Features
When you use one of our location-enabled Services, we may collect and process information about your actual location. If you have enabled GPS, geo-location, or other location-based features on a device, you acknowledge that your device location may be tracked and may be shared consistent with our Privacy Policy.
In addition, where the App collects precise information about the location of your device, it may be used to provide requested location services, and to allow tagging or to check-in.
The App will allow for you to disable the location-based features and manage preferences. You can terminate device location tracking by uninstalling the App. The location-based services offered in connection with our App are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use.
Social Media Plug-Ins
Social media plug-ins of social networks such as Facebook, Instagram, Twitter and Google Plus (among others) may be integrated in our Services. Where our Services contain a plug-in to a social network, such plug-in is clearly marked. If you choose to click on one of these buttons or links, your browser will connect directly to the servers of the relevant social network. The social network directly transmits the content of the plug-in to your browser. If you are registered on the relevant social network and logged into your respective account, the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g., you press the Facebook “Like” feature, the Twitter “Tweet this” feature, Google Plus “1+” button, or a similar feature on another social network) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you use our Services, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in, etc., then you may be enabling us to have ongoing access to certain information from your social network profile (such as your name, social networking ID page, e-mail address, photo, gender, location, the people/sites you follow, etc.).
If you don’t want a social network to collect the information about you described above, or to share it with us and other third parties, please review the privacy policy of the relevant social network and/or log out of the relevant social network before using our Services. As with other websites, you may be able to delete any existing cookies placed on your computer by the social network via your browser.
Prices and Payments
The prices charged for the Services offered will be the price in effect at the time of purchase and will be set out in your order confirmation, e-mail receipt, or other relevant correspondence. Be advised that taxes and other charges, which may include, but are not limited to: service fees; currency and/or exchange fees; and/or VAT or local taxes may be added to your total cost.
We require you to make all payments online through Stripe, PayPal, or other approved electronic means. The specific payment procedures for each of our Services is as follows:
1:1 Coaching and Consulting.
You will have the ability to either pay for two coaching sessions at the time of booking or set up a recurring monthly automatic payment through our website. If there are any late payments associated with your account we will contact you directly.
Interactive Courses.
You will have the ability to choose your payment tier as follows:
Immediate and upfront payment of all fees;
A payment plan for a duration of three (3) months;
A payment plan for a duration of six (6) months; o
A payment plan for a duration of twelve (12) months; or
Any other payment plan offered to you by Affirmation Addict including any discounts.
App.
You will receive a free seven (7) day trial of our App. Upon downloading the App, you will be required to create an account and set up your payment and credit/debit card information. If you purchase the App through Google Play, you may cancel the App free of charge following your free trial. If you purchase the App through the Apple App Store, your free trial will renew automatically unless it is cancelled prior to the end of the seven (7) day trial period. Users will have the ability to choose between three (3) payment tiers to receive access to the entire App. The payment tiers include:
A weekly payment of $2.99
A monthly payment of $4.49
An annual payment of $44.99
Any prices, discounts, and promotions available are subject to change without notice. We may offer promotions, discounts, or sales on our Website and/or our App in our sole discretion to certain individuals (“Promotions”). These Promotions may affect the pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that promotion will govern that specific circumstance.
Affirmation Addict strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Affirmation Addict reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
If you do not pay the amounts owed when they are due, or your payment method continuously fails, Affirmation Addict may cancel your order and initiate collection procedures. You agree to pay our cost of collection for any overdue payments, including, without limitation to, reasonable attorney’s fees.
Cancellation & Refunds
Users may cancel any purchase made through the App Store according to the Terms herein; however, we unable to process refunds following any such cancellations through the App Store. Once you are charged directly through the App Store, Affirmation Addict does not have the authority to process any type of refund for subscription charges. Affirmation Addict is not responsible for errors made by the User during the ordering or cancellation process of the App.
All payments rendered for courses, consulting and coaching are non-refundable and non-cancellable. Under limited extenuating circumstances, Affirmation Addict may allow you transfer your fee to apply to another Service.
Intellectual Property & Proprietary Rights
As a part of our Services, Affirmation Addict will provide you with copyrighted materials, outlines, concepts, mediations, visualizations, affirmations, spiritual tools, guided workbooks and other relevant information (the “Materials”). By using the Website and/or the App and agreeing to these Terms, you acknowledge and agree that all Materials are protected by copyright, trade secret, or other proprietary and intellectual property laws. User understands and agrees that this Section provides for the protection of the Materials and any other relevant content provided to User and extends beyond federal, state, local or foreign copyright laws or treaties and that by using the Website and/or App. User agrees to be bound by the Terms herein, even where such Terms extend beyond such laws. You are confirming that in the event you attempt to reuse, reproduce, remarket, sell, or create a competitive or derivative product or service for sale from the Materials, or otherwise use the Materials for any similarly unauthorized personal financial gain, you may be subject to legal proceedings.
Affirmation Addict owns, solely and exclusively, all right, title, and interest in and to the Services, and all content, software, code, data, and Materials therein, the look, feel, design and organization of the Website and/or App, and the compilation of the content, code, data, and information on the Website and App, including but not limited to any intellectual property and proprietary rights. Affirmation Addict reserves all rights in and to the Services not granted expressly to you in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to the Services or any of our content except as expressly permitted by these Terms.
If you post, upload, or make available any, information, data, text, files, communications, or other materials regarding our Services and your use of our Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant Affirmation Addict a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, and transferable (in whole or in part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of Your Content. You understand and agree that we may use the public content to develop aggregate ratings, personalize Website views, market products, or identify or feature popular members or Services.
Disclaimer of Warranties and Limitation of Liability
YOU REPRESENT THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. ALL SERVICES OFFERED ON THE WEBSITE AND APP ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL AFFIRMATION ADDICT BE LIABLE TO YOU, THE CUSTOMER, OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, RESTITUTION OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER AFFIRMATION ADDICT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT YOU PAID FOR THE SERVICES.
The limitation of liability set forth above shall: a) only apply to the extent permitted by law; and b) not apply to: (i) liability resulting from our gross negligence or willful misconduct, or (ii) death or bodily injury resulting from our acts or omissions.
Health and Well-Being
You are responsible for your own health and well-being at all times through the duration of receiving the Services. If you have any questions with regard to your ability to participate in any of the Services, you are solely responsible for consulting a doctor or health care professional prior to enrolling in and receiving our Services.
Coaching is neither health care nor rehabilitation, nor is coaching anything medical in nature. Coaching is neither designed to be curative, healthful, or even remotely linked to physical or mental well-being. It is simply a guided conversation with recommended actions. If you have any health or well-being concerns, Affirmation Addict recommends that you consult a healthcare professional.
Consumer protection legislation does not apply to our providing of the Services. All warranties and representations are excluded to the fullest extent permitted by law as stated in Section 9 above. Due to the nature of coaching, we cannot guarantee any specific results or that all Users will achieve the same results.
Confidentiality
Any personal information you provide, as well as information tailored to you during any coaching sessions will be kept in the strictest professional confidentiality. Please note that the law does not protect the confidential communications between a coach and Customer as privileged, as Affirmation Addict is not a healthcare or legal professional.
Affirmation Addict will only have to suspend confidentiality in the following cases:
Your report of imminent suicidal or homicidal ideation;
Your report of abuse or neglect of a child, dependent, or older adult;
Your report anything that causes concern for health and safety of yourself or others; or
Where it is reported by law to do so.
Non-Disparagement
You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Affirmation Addict or the Services associated therewith.
Dispute Resolution
If a controversy or claim should arise, the Parties will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the Parties. The Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.
Notices
Affirmation Addict may provide any notice to you under these Terms by: a) sending a message to an e-mail address that you provide; or b) by posting to the Website and/or App. Notices sent by e-mail will be effective on the date the e-mail is sent and notices that are posted on the Website and/or App will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices that are posted.
To provide us notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or certified mail. Notice by e-mail shall be effective on the date the e-mail is sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.
Miscellaneous
Third Party Content.
The Services may contain links, advertisements, and references to other third party service providers (“Third Party Content”). Affirmation Addict is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a third party found on our Website and/or App does not express or imply that Affirmation Addict endorses or accepts any responsibility or liability for the third party, or vice versa.
Indemnification.
By using the Services, you agree to indemnify, hold harmless, and defend Affirmation Addict from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, but not limited to, attorney’s fees resulting directly or indirectly from a claim by a third party that is based on your use of the Services.
Privacy Policy.
Affirmation Addict respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy, which governs the processing of all personal data collected from you in connection with your use of the Services. You acknowledge and consent to the collection and use of your personal information by Affirmation Addict for the purpose of using our Services.
Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.
Severability.
If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver.
Failure by Affirmation Addict to enforce any right or provision of these Terms will not constitute as a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Affirmation Addict.
Force Majeure.
Affirmation Addict will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Notice to California Users.
Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Terms Applicable For Apple iOS
If you are accessing or using our Services through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms by this reference:
To the extent that you are accessing our services through an Apple Device, you acknowledge that these Terms are entered into between you and Affirmation Addict and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as a third party beneficiary as contemplated below
The License granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to our Services
You acknowledge that Affirmation Addict, and not Apple, is responsible for providing our services and any content therein
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to our services
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our services.
Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Affirmation Addict, Affirmation Addict and not Apple is responsible for addressing any claims you may have relating to our services, or your possession and use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that our services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth in Section 9 above, Affirmation Addict’s liability to you for use of our Services is greatly limited.
Further, you agree that if our services, or your possession and use of our services, infringes a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
When using our services, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with our Services.
These Terms and our Privacy Policy will be deemed final on the matters contained herein. You may also be subject to additional Terms that may apply if you make a purchase from a third party. You acknowledge and agree that these Terms are binding and shall govern the relationship between Affirmation Addict and you in connection to the use its Services defined herein.
If you have any questions, please feel free to contact Affirmation Addict directly at:
E-mail: [email protected]
Telephone: N/A
Mailing Address: N/A