Effective Date: January 1, 2024
Welcome to EverVibrant. These Terms and Conditions ("Terms") govern your use of our website, services, and content. By accessing or using our services, you agree to be bound by these terms, which comply with Google Ads policies and Google Business standards.
1. Acceptance of Terms
By accessing, browsing, or using EverVibrant's website (evervibrant.blog), mobile applications, or any related services (collectively "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these terms, please do not use our Services.
2. Description of Services
2.1 Wellness Services
EverVibrant provides wellness coaching, educational content, nutritional guidance, fitness recommendations, and related wellness services. Our services are educational and supportive in nature, designed to promote general wellness and healthy lifestyle practices.
2.2 Service Availability
We strive to maintain continuous service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or technical issues.
3. User Eligibility and Registration
3.1 Age Requirements
You must be at least 18 years old to use our Services. Users under 18 may only access our Services with parental consent and supervision.
3.2 Account Registration
Some Services may require account registration. You agree to provide accurate, complete, and updated information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
3.3 Account Security
You must notify us immediately of any unauthorized use of your account. We are not liable for losses resulting from unauthorized account access due to your failure to maintain account security.
4. Acceptable Use Policy
4.1 Permitted Uses
You may use our Services for:
- Personal wellness education and improvement
- Accessing wellness resources and content
- Participating in community discussions (where applicable)
- Booking and receiving wellness coaching services
4.2 Prohibited Uses
You may not use our Services to:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Distribute malicious software or engage in hacking
- Harass, threaten, or harm other users
- Share false, misleading, or defamatory content
- Attempt to reverse engineer or compromise our systems
- Use our Services for commercial purposes without authorization
- Create multiple accounts to circumvent restrictions
5. Health and Medical Disclaimers
5.1 Educational Purpose
All content and services are for educational and informational purposes only. Our services do not constitute medical advice, diagnosis, or treatment. Always consult qualified healthcare professionals before making health-related decisions.
5.2 No Medical Practice
EverVibrant and its representatives do not practice medicine. We are wellness educators and coaches, not licensed healthcare providers. Our services complement but do not replace professional medical care.
6. Payment and Billing
6.1 Service Fees
Certain services may require payment of fees. All fees are clearly stated before purchase and are non-refundable unless otherwise specified or required by law.
6.2 Billing Authorization
By providing payment information, you authorize us to charge the specified fees to your payment method. You represent that you have the legal right to use the provided payment method.
6.3 Refund Policy
Refunds are provided within 30 days of service purchase if you are not satisfied with our services. Digital content and completed coaching sessions may have different refund terms as specified at the time of purchase.
7. Intellectual Property Rights
7.1 Our Content
All content on our website, including text, graphics, logos, images, audio, video, and software, is owned by EverVibrant or our licensors and is protected by copyright, trademark, and other intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our content for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works without our written permission.
7.3 User-Generated Content
By submitting content to our Services, you grant us a worldwide, royalty-free license to use, reproduce, modify, and distribute such content for the purpose of providing and improving our Services.
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in our Privacy Policy.
9. Third-Party Services and Links
9.1 External Links
Our Services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of these external sites. Links do not constitute endorsement unless explicitly stated.
9.2 Third-Party Integrations
We may integrate with third-party services to enhance our offerings. Your use of such integrated services is subject to their respective terms and privacy policies.
10. Service Modifications and Termination
10.1 Service Changes
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice. We may also update these Terms periodically to reflect service changes or legal requirements.
10.2 Account Termination
We may terminate or suspend your account immediately if you violate these Terms or for any reason deemed necessary to protect our Services or other users. You may also terminate your account at any time by contacting us.
11. Disclaimers and Warranties
11.1 Service Disclaimer
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
11.2 Content Accuracy
While we strive to provide accurate information, we do not warrant the completeness, reliability, or accuracy of our content. Wellness science evolves continuously, and information may become outdated.
11.3 Results Disclaimer
Individual results from our services may vary significantly. We make no guarantees about specific outcomes or results you may achieve from using our Services.
12. Limitation of Liability
12.1 Liability Limitations
To the fullest extent permitted by law, EverVibrant, its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from your use of our Services.
12.2 Maximum Liability
Our total liability for any claims arising from your use of our Services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
13. Indemnification
You agree to indemnify and hold harmless EverVibrant and its affiliates from any claims, damages, losses, or expenses arising from your use of our Services, violation of these Terms, or violation of any rights of another party.
14. Dispute Resolution
14.1 Informal Resolution
Before filing any formal dispute, you agree to contact us at support@evervibrant.blog to attempt informal resolution. We commit to working in good faith to resolve any concerns.
14.2 Binding Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, conducted in Soldotna, Alaska.
14.3 Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class action lawsuits or class-wide arbitration.
15. Compliance and Regulatory Information
15.1 Google Ads Policy Compliance
These Terms and all our services comply with Google Ads policies regarding health and wellness services. We adhere to guidelines for responsible health information sharing and avoid making unsubstantiated health claims.
15.2 Business Standards
We maintain high business standards and comply with applicable consumer protection laws, advertising standards, and professional ethical guidelines.
16. International Users
Our Services are operated from the United States. If you access our Services from other countries, you are responsible for compliance with local laws. Some features may not be available in all jurisdictions.
17. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Alaska, United States, without regard to conflict of law principles. Any legal actions must be brought in the appropriate courts of Alaska.
18. Severability and Waiver
18.1 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
18.2 Waiver
Our failure to enforce any right or provision in these Terms does not constitute a waiver of such right or provision.
19. Updates to Terms
We may update these Terms periodically to reflect changes in our services, legal requirements, or business practices. Material changes will be communicated through website notice or email at least 30 days before taking effect. Continued use of our Services after changes constitutes acceptance of updated Terms.
20. Contact Information
For questions about these Terms or our Services, contact us:
- Email: support@evervibrant.blog
- Phone: (907) 420-0483
- Mail: EverVibrant Legal Department, 44661 Sterling Hwy, Soldotna, Alaska 99669
Agreement Acknowledgment
By using our Services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by their provisions. These Terms constitute the entire agreement between you and EverVibrant regarding your use of our Services.