Collection: Terms of service

OVERVIEW

 

The terms "we," "us," "our," and "COMPANY" refer to InkedE_Journals™ and all products and services powered by us. The term "Site" refers to inkedejournals.com. The words "user," "you," and "your" refer to site visitors, customers, and any other users of the Site. Use of Site, including all materials presented herein and all online services provided by COMPANY, are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and other site users. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

By using the Site, you agree to be bound by these Terms of Service and to use the Site by these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your Agreement is to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. You accept the Terms of Service as modified by continuing to use the Site after we post any such changes.

LAWFUL PURPOSES


You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial 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.

ACCOUNT CREATION


To use the Service, you may be required to provide information about yourself, including your name, email address, username and password, and other personal information. You agree that any registration information you give 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 yours. Your account must not be used for any illegal or unauthorized purpose. In the use of the Service, you must not violate any laws in your jurisdiction.

REFUSAL OF SERVICE


The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse Service to any order, person, or entity without the obligation to assign a reason. No order is deemed accepted by us until payment has been processed. We may change or discontinue any aspect or feature of the Site or Service at any time, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

ORDER CONFIRMATION


We will email you to confirm the placement of your order and with details concerning product delivery. If there is an error in this email confirmation, you must inform us as soon as possible.

CANCELLATIONS, REFUNDS & RETURNS
Your purchase of a product or Service powered by COMPANY may or may not provide for a partial or full refund. COMPANY offers a 14-day return policy for all products ordered through our website. This means that COMPANY is required to accept returns up to 14 days AFTER the customer has received the product. Complete a return ticket on the "Contacts" tab for a convenient way to begin the process.

 

INTELLECTUAL PROPERTY RIGHTS


OUR INTELLECTUAL PROPERTY


The Site and Service contain intellectual property COMPANY owns, including copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service without a refund if you are caught violating this intellectual property policy.

YOUR INTELLECTUAL PROPERTY

By posting or submitting any material (including, without limitation, comments, blog entries, photos, and videos) to us via the Site, you are representing: (i) that you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The preceding grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with exercising such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge and agree that any contributions created by you for us shall be deemed a "work made for hire" when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. If any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you at this moment, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any right, title, and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material reproductions of your prior works shall be co-owned by us.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease using and displaying any such materials (or any portion thereof) at any time for any reason whatsoever.

Limitations on Linking and Framing.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your Site by us or the Site. However, without our prior written permission, you may not frame or inline link any of the Site's content or incorporate any of our material, content, or intellectual property into another website or other Service.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

PARTICIPANT ACKNOWLEDGES AND AGREES THAT NO REPRESENTATION HAS BEEN MADE BY THE COMPANY OR ITS AFFILIATES AND RELIED UPON AS TO THE FUTURE INCOME, EXPENSES, SALES VOLUME, OR POTENTIAL PROFITABILITY THAT MAY BE DERIVED FROM THE PARTICIPATION IN THIS PROGRAM.

DISCLAIMER

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

THIRD-PARTY RESOURCES


The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for third-party websites or resources' availability, accuracy, content, or policies. Links to such websites or resources do not imply any endorsement or affiliation with Company. You acknowledge sole responsibility for and assume all risks from using such websites or resources.

INDEMNIFICATION


You shall indemnify and hold us harmless from and against any losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney's fees arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. 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 written consent.

MEDIATION


The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES


If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

 

 

 

 

 

Disclaimer

 

The Website is owned by Ryan Ferrante and Shopify.com.

By viewing this Website or anything made available on or through this Website, including but not limited to PROGRAMS, PRODUCTS, SERVICES, OPT-IN GIFTS, E-BOOKS, VIDEOS, WEBINARS, BLOG POSTS, E-NEWSLETTERS, CONSULTATIONS, E-MAILS, SOCIAL MEDIA, and OTHER COMMUNICATION (collectively referred to as “Website”), you agree to accept all parts of this Disclaimer. Thus, if you disagree with the Disclaimer below, STOP now and do not access or use this Website.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.  

The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool. 

NOT MEDICAL, MENTAL HEALTH, OR RELIGIOUS ADVICE.  

I am not, nor am I holding myself out to be a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of the clergy. As a Spiritual Coach & Holistic Healer, I do not provide health care, medical or nutritional therapy services, or attempt to diagnose, treat, prevent, or cure any physical, mental, or emotional issue, disease, or condition. The information provided in or through my Website about your HEALTH OR WELLNESS, EXERCISE, RELATIONSHIPS, BUSINESS/CAREER CHOICES, FINANCES, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis, or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that I am not providing medical, mental health, or religious advice in any way. Always seek the advice of your own Medical Provider and Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs, or supplements you are currently taking before implementing any recommendations or suggestions from our Website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking medications without speaking to your Medical or Mental Health Provider. If you have or suspect a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The Food and Drug Administration has not evaluated the information contained on this Website.   

NOT LEGAL OR FINANCIAL ADVICE.  

I am not an attorney, accountant, or financial advisor, nor am I holding myself out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your attorney, accountant, and financial advisor. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions. I accept no liability whatsoever for any loss or damage you may incur. Always seek financial and legal counsel relating to your specific circumstances as needed for any questions and concerns you now have or may have in the future. You agree that the information on our Website is not legal or financial advice.

PERSONAL RESPONSIBILITY. 

You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your judgment and due diligence before implementing any idea, suggestion, or recommendation from my Website to your life, family, or business. 

NO GUARANTEES.


My role is to support and assist you in reaching your goals, but your success depends primarily on your effort, motivation, commitment, and follow-through. I cannot predict, and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on their unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

EARNINGS DISCLAIMER. 

Any earnings or income statements or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.

TESTIMONIALS.  

I only present real-world experiences, testimonials, and insights about other people’s experiences with my Website for illustration. The testimonials, examples, and photos used are of actual clients and the results they achieved, or they are comments from individuals who can speak to my character and the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; these testimonials only describe what is possible for illustrative purposes. 

ASSUMPTION OF RISK. 

As with all situations, there are sometimes unknown individual risks and circumstances that can arise during using my Website that cannot be foreseen but can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through my Website is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury, or even death could result, and you agree to assume all risks.  

LIMITATION OF LIABILITY. 

By using this Website, you agree to absolve me of any liability or loss you or any other person may incur from using the information, products, or materials you request or receive through or on my Website. You agree that I will not be liable to you or any other individual, company, or entity, for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages, for the use of or reliance on my Website. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Website.

INDEMNIFICATION AND RELEASE OF CLAIMS. 

You, at this moment, fully and completely hold harmless, indemnify and release me and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to my Website. 

NO WARRANTIES.  

PLEASE BE ADVISED THAT I CANNOT GUARANTEE THE PERFORMANCE OR OPERATION OF MY WEBSITE. I WANT TO CLARIFY THAT I DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. AS PERMITTED BY APPLICABLE LAW, I, AT THIS MOMENT, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ERRORS AND OMISSIONS.

Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through my Website or of those of any other individual or company affiliated with my business or me in any way. Because scientific, technology, and business practices are constantly evolving, you agree that I am not responsible for the accuracy of my Website or for any errors or omissions that may occur.

NO ENDORSEMENT.  

References or links in my Website to the information, opinions, advice, programs, products, or services of any other individual, business, or entity do not constitute my formal endorsement. I am merely sharing information for your self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products, and services of any other person, business, or entity that may be linked or referenced in my Website. Conversely, should my Website link appear in any other individual’s, business’s, or entity’s Website, program, product, or services, it does not constitute my formal endorsement of them, their business, or their Website.

AFFILIATES.  

 

Occasionally, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products, and services align with mine. In the spirit of transparency, I want you to know that there may be instances when I promote, market, share or sell programs, products, or services for other partners; in exchange, I may receive financial compensation or other rewards. Please note that I am highly selective and only promote the partners whose programs, products, and services I respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. It would be best if you still used your judgment to determine whether any such program, product, or service is appropriate for you. You are assuming all risks, and you agree that I am not liable in any way for any program, product, or service that I may promote, market, share, or sell on or through my Website.

SMS/MMS Mobile Message Marketing Program Terms and Conditions

InkedE_Journals (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from InkedE_Journals via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

You agree to all parts of the above Disclaimer by using our Website.