Terms and Conditions
GRATITUDE6, LLC
BY VISITING gratitude6.com YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to Gratitude6, LLC (the “Company”), owner of gratitude6.com (the “Site”).
Visitors and any users of the Site are referred to as “user”, “you” and “your.”
By using the Site, you are bound by these Terms and Conditions. Accessing this Site constitutes a use of the Site and an acceptance to the Terms and Conditions provided herein.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. The most current version of the Terms and Conditions will supersede all previous versions. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
Your use of the Site is also subject to our Privacy Policy. By using the Site, you acknowledge you have read, understood, and agree to be legally bound by these Terms and Conditions and our Privacy Policy.
You are solely responsible for your use of the Site, any action that you take or refrain from taking, in connection with the use of this Site.
SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
You may not use the Site for any illegal or unauthorized purpose. You may not, in the use of the Site, violate any laws in your jurisdiction. You may use the Site for lawful purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms and Conditions. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. 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 Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
DISCLAIMERS
The Site is for informational, educational, entertainment, and inspirational purposes only and is in no way to be construed or substituted for any type of therapy or professional advice.
The Company makes no representation or warranty that the Site is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness on the Site.
By participating in and/or viewing this Site, you acknowledge that the Company cannot guarantee the outcome of services and/or ideas within the Site and any comments about the outcome are expressions of opinion only.
By participating in/viewing the Company’s Site, you acknowledge the Company and its representatives do not provide advice such as what you would receive from medical professionals, licensed psychologists, attorneys, financial advisers, or other similar professions, and the services or information provided here do not replace the care of medical or other professionals. Any information provided on the Site is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.
The Site is not intended for nor should be used for crisis management, nor as a replacement for crisis management.
The Site may also be construed as spiritual in nature without scientific support, and should be used at the sole discretion and solo risk of you.
You assume any risk in using the Site. No guarantees are offered.
You acknowledge that the Company has not and does not make any representations as to the future outcomes, income, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Site, including but not limited to its products or services. Testimonials, earnings, or examples shown through the Site, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome or financial outcome based on the use of the Site.
INTELLECTUAL PROPERTY
The Site contains intellectual property owned by the Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Gratitude6, LLC/gratitude6.com name, logo, designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, reverse engineer, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy. You may also be legally liable for any violations.
INDEMNIFICATION
You agree to indemnify and hold harmless the Company and its representatives, for any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site.
You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on the Site. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to the Company 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 or on the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this Site, and create an account on or through the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
USE OF SITE COMMUICATIONS
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, 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.
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.
The Company has no obligation to monitor the Communication Services. However, The Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, in any civil or criminal proceedings, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
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.
SUBMISSIONS
By posting, uploading, inputting, providing or submitting materials, including feedback and suggestions (collectively "Submissions"), through the Site or our associated services, you are granting the Company, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of 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.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
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.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies, among other things, of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Certain content made available via the Site is delivered by third party websites and third party organizations. By using any content originating from the Site, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested content on behalf of the Site’s users and customers.
ONLINE COMMERCE
Certain sections of the Site may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Site, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through the Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Site, you may be subject to the additional terms and conditions of a payment processing company, merchant, or us, that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
When making any purchases through this Site you agree you will not initiate any chargebacks. If you do initiate a chargeback, these Terms and Conditions may be provided to the financial institution, including but not limited to your credit card issuer or bank, to verify you did authorize the purchase and to refute the chargeback. Unauthorized chargebacks will be considered a breach of this agreement, and you will be responsible for any resulting fees, including but not limited to legal fees and costs associated with recovering the disputed amount.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Site.
PURCHASE, CANCELLATION, AND REFUND POLICY
Any User who purchases a product or service through the Site, is agreeing to the Terms and Conditions, as well as any individual terms of purchase with respect to each product or service bought. In the event of any conflict between the Terms and Conditions, and the individual terms of purchase, those individual terms of purchase shall control. Read each individual terms of purchase for the purchase, cancellation, and refund policy of that particular product or service.
If you sign up for our email list you may unsubscribe from such communications at any time through the ‘unsubscribe’ button, which is included in every mass communication or bulk email, or you may contact us directly here to opt out. The Company reserves the right to remove you from the email list at any time.
GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of WASHINGTON within the UNITED STATES OF AMERICA, regardless of the conflict of laws principles. You are responsible for compliance with all local laws. You agree that you will not use the services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You hereby consent to the exclusive jurisdiction and venue of King County, in the State of WASHINGTON within the UNITED STATES OF AMERICA for all disputes arising out of or relating to the use of the Site.
ARBITRATION
If a dispute is not resolved first by good-faith negotiation between the parties to these Terms and Conditions, any controversy or dispute to these Terms and Conditions will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in KING COUNTY, WASHINGTON STATE, UNITED STATES OF AMERICA, although it may be conducted via telephone or video call. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. This arbitration provision shall survive the termination of these Terms and Conditions. The parties agree all communications, including written and verbal, will be in English.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions 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 the 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.
SEVERABILITY
If any term, provision, covenant, or condition of these Terms and Conditions are held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
If any part of these Terms and Conditions 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.
OTHER
You agree that no joint venture, partnership, employment, agency, or coaching relationship exists between you and the Company as a result of these Terms and Conditions or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’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 the Company with respect to such use.
ASSIGNMENT
These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
These Terms and Conditions constitute the entire agreement between you and the Company pertaining to the Site and supersedes all prior Terms and Conditions. No waiver of any of the provisions of these Terms and Conditions by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company. The subject headings of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
CONTACT
If you have any questions or concerns regarding these Terms and Conditions, please send us a message here, or contact us via the Contact tab on the Site.
Gratitude6, LLC
Seattle, Washington, United States of America
www.gratitude6.com
Updated on: November 12, 2024