Introduction
We maintain Michele’s Musivation International, LLC’s apps (to be called “The App”) as a service to our customers, and by using The App you are agreeing to comply with and be bound by this Terms and Conditions of Use Agreement (“Agreement”) between Michele’s Musivation International, LLC (“we”) and each user (“you” or “user”) of The App. Please review the following terms and conditions of the Agreement carefully, and check them periodically for changes. If you do not agree to the terms and conditions of the Agreement, you should not review information or obtain goods, services or products from The App. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on our website, and you should review this Agreement prior to using The App.
Sale of Products
The products available for purchase on The App, including without limitation, are provided for overall health and well-being purposes only and do not constitute medical or psychological diagnosis, treatment, or advice. Any information presented on The App is not intended to represent that any products, including without limitation, are to be considered a substitute for seeking professional medical or psychological advice from an appropriate professional health care provider. We strongly advise you to seek professional advice as appropriate before making any health decision or purchasing any product on The App.
Copyright
The parties acknowledge that Michele’s Musivation International, LLC owns all right, title, and interest in and to all content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to The App (“Rights”). You understand the Rights are protected under applicable intellectual property law and regulations, including but not limited to copyrights, trademarks, registered trademarks and other proprietary rights. You are strictly prohibited from copying, distributing, using, or publishing any part of The App and you do not acquire ownership rights to any content, document or other materials viewed through The App.
User Submitted Content
(Editing, Deleting and Modification)
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on The App, including this Agreement, without further notice to users of The App.
Prices & Currency
The prices displayed on The App are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
Pricing or Typographical Errors
We do our best to provide accurate product and pricing information. However, pricing or typographical errors do occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Payments
You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Return Policy
Due to the nature of The App, and the products listed, we (Michele’s Musivation International, LLC) have a strict NO RETURN policy for any digital product. No digital product shall be able to be returned for a like item, or for a cash refund.
Limitation of Liability
Michele’s Musivation International, LLC and its owners, members, officers, employees, agents, licensors, suppliers, content providers, volunteers and others associated with Michele’s Musivation International, LLC (collectively “Affiliate Parties”) are providing The App and its contents on an “as is” and “as available” basis. No advice or information, whether oral or written, obtained by you from us through The App shall create any warranty, representation or guarantee not expressly stated in this Agreement. Your use of The App is at your sole risk.
Michele’s Musivation International, LLC AND THE AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE APP, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A SELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP, OR (VII) FOR ANY OTHER MATTER RELATING TO THE APP OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MICHELE’S MUSIVATION INTERNATIONAL, LLC AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Michele’s Musivation International, LLC and the Affiliated Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from The App.
You agree to indemnify, defend and hold harmless Michele’s Musivation International, LLC and the Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on The App, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through The App, your violation of this Agreement, your infringement or violation of any rights of another, or termination of your access to The App.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of The App or this Agreement shall be brought exclusively in Federal or State Courts for San Diego, CA.
Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement
This Agreement constitutes the entire Agreement between Michele’s Musivation International, LLC and each user of The App with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of The App and your use of The App shall be deemed acceptance of and assent to this Agreement by you.
Miscellaneous
The failure of Michele’s Musivation International, LLC to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit Michele’s Musivation International, LLC’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of The App or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Limitation of Liability” provisions of this Agreement are for the benefit of Michele’s Musivation International, LLC and the Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
With the prior agreement of Michele’s Musivation International, LLC, any claim, dispute or controversy arising or concerning this site and/or this Agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration brought shall be held in San Diego, CA, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
Contact Information:
If you have any questions you can contact us at MagnetToMoneyApp@gmail.com
Introduction
We maintain Michele’s Musivation International, LLC’s apps (to be called “The App”) as a service to our customers, and by using The App you are agreeing to comply with and be bound by this Terms and Conditions of Use Agreement (“Agreement”) between Michele’s Musivation International, LLC (“we”) and each user (“you” or “user”) of The App. Please review the following terms and conditions of the Agreement carefully, and check them periodically for changes. If you do not agree to the terms and conditions of the Agreement, you should not review information or obtain goods, services or products from The App. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on our website, and you should review this Agreement prior to using The App.
Sale of Products
The products available for purchase on The App, including without limitation, are provided for overall health and well-being purposes only and do not constitute medical or psychological diagnosis, treatment, or advice. Any information presented on The App is not intended to represent that any products, including without limitation, are to be considered a substitute for seeking professional medical or psychological advice from an appropriate professional health care provider. We strongly advise you to seek professional advice as appropriate before making any health decision or purchasing any product on The App.
Copyright
The parties acknowledge that Michele’s Musivation International, LLC owns all right, title, and interest in and to all content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to The App (“Rights”). You understand the Rights are protected under applicable intellectual property law and regulations, including but not limited to copyrights, trademarks, registered trademarks and other proprietary rights. You are strictly prohibited from copying, distributing, using, or publishing any part of The App and you do not acquire ownership rights to any content, document or other materials viewed through The App.
User Submitted Content
(Editing, Deleting and Modification)
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on The App, including this Agreement, without further notice to users of The App.
Prices & Currency
The prices displayed on The App are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
Pricing or Typographical Errors
We do our best to provide accurate product and pricing information. However, pricing or typographical errors do occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; or problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Payments
You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Return Policy
Due to the nature of The App, and the products listed, we (Michele’s Musivation International, LLC) have a strict NO RETURN policy for any digital product. No digital product shall be able to be returned for a like item, or for a cash refund.
Limitation of Liability
Michele’s Musivation International, LLC and its owners, members, officers, employees, agents, licensors, suppliers, content providers, volunteers and others associated with Michele’s Musivation International, LLC (collectively “Affiliate Parties”) are providing The App and its contents on an “as is” and “as available” basis. No advice or information, whether oral or written, obtained by you from us through The App shall create any warranty, representation or guarantee not expressly stated in this Agreement. Your use of The App is at your sole risk.
Michele’s Musivation International, LLC AND THE AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE APP, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A SELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APP, OR (VII) FOR ANY OTHER MATTER RELATING TO THE APP OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MICHELE’S MUSIVATION INTERNATIONAL, LLC AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE APP WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Michele’s Musivation International, LLC and the Affiliated Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from The App.
You agree to indemnify, defend and hold harmless Michele’s Musivation International, LLC and the Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on The App, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through The App, your violation of this Agreement, your infringement or violation of any rights of another, or termination of your access to The App.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of The App or this Agreement shall be brought exclusively in Federal or State Courts for San Diego, CA.
Severability
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
Entire Agreement
This Agreement constitutes the entire Agreement between Michele’s Musivation International, LLC and each user of The App with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of The App and your use of The App shall be deemed acceptance of and assent to this Agreement by you.
Miscellaneous
The failure of Michele’s Musivation International, LLC to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit Michele’s Musivation International, LLC’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of The App or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Limitation of Liability” provisions of this Agreement are for the benefit of Michele’s Musivation International, LLC and the Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
With the prior agreement of Michele’s Musivation International, LLC, any claim, dispute or controversy arising or concerning this site and/or this Agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration brought shall be held in San Diego, CA, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
Contact Information:
If you have any questions you can contact us at MagnetToMoneyApp@gmail.com