Terms and Conditions
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the products and services of Envision2bWell Inc, inclusive of the website, EnvisionWell mobile application (the “EnvisionWell” operated by Envision2bWell Inc), approved digital products and services and any social media products and forums offered or sponsored by Envision2bWell Inc ( Envision2bWell Inc Product and Services).
Your access to and use of Envision2bWell Inc Product and Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use Envision2bWell Inc Product and Services.
By accessing or using Envision2bWell Inc Product and Services you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access Envision2bWell Inc Product and Services.
Communications
By accessing our Envision2bWell Inc Product and Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Free Trials
Envision2bWell Inc may, at its sole discretion, offer a subscription or membership with a free trial for a limited period-of-time (“Free Trial”). At any time and without notice, Envision2bWell Inc reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Subscriptions
After the free trial period, access to the specific Envision2bWell Inc Product and Service is through either a monthly or annual subscription and/or membership plan. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of plan you select when purchasing Envision2bWell Inc Product and Service(s).
A valid payment method, including credit card, PayPal or through the App Store, is required to process the payment for your Envision2bWell Inc Product and Service(s). For your first Envision2bWell Inc Product and Service(s), you shall provide Envision2bWell Inc with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Envision2bWell Inc to charge all fees incurred through your account to any such payment instruments.
At the end of each Billing Cycle, your Envision2bWell Inc Product and Service(s) will automatically renew under the exact same conditions unless you cancel it or Envision2bWell Inc cancels it. You may cancel your renewal either through your online account management page or by contacting Envision2bWell Inc.
Should automatic billing fail to occur for any reason, Envision2bWell Inc will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
Envision2bWell Inc, in its sole discretion and at any time, may modify the fees for Envision2bWell Inc Product and Services. Any fee change will become effective at the end of the then-current Billing Cycle.
Envision2bWell Inc will provide you with a reasonable prior notice of any change in fees to give you an opportunity to terminate your Envision2bWell Inc Product and Service(s) before such change becomes effective.
Your continued use of Envision2bWell Inc Product and Service(s) after the fee change comes into effect constitutes your agreement to pay the modified fee amount.
Refunds
Except when required by law, paid fees for Envision2bWell Inc Product and Service(s) are non-refundable.
Content
Specific approved digital products and services under Envision2bWell Inc Product and Services allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Digital Content”). You are responsible for the Digital Content that you post on or through these including its legality, reliability, and appropriateness.
By posting Digital Content on approved Envision2bWell Inc Product and Services, you represent and warrant that: (i) the Digital Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Digital Content on or through approved digital products and services under Envision2bWell Inc Product and Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all your rights to any Digital Content you submit, post or display on or through approved digital products and services under Envision2bWell Inc Product and Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Digital Content that you post, however, by posting Digital Content you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Digital Content on and through approved digital products and services under Envision2bWell Inc Product and Services. You agree that this license includes the right for us to make your Content available to other users on approved digital products and services under Envision2bWell Inc Product and Services who may also use your Digital Content subject to these Terms.
Envision2bWell Inc has the right but not the obligation to monitor and edit all Digital Content provided by users.
In addition, Digital Content found on or through approved digital products and services under Envision2bWell Inc Product and Services are the property of Envision2bWell Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Digital Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Comments
Envision2bWell Inc has the right but not the obligation to monitor all Comments posted by users on approved digital products and services and social media sites and forums under Envision2bWell Inc Product and Services. Envision2bWell Inc expects all users to:
Comments must not be posted if they contain:
Envision2bWell Inc retains the discretion to determine which comments violate our terms of service and the right to remove and/or not allow comments to get posted. The views expressed within posted comments do not necessarily reflect those of Envision2bWell Inc. Continual violation of this comment policy is subject to being removed. This comment policy is valid for all discussions on approved digital products and services under Envision2bWell Inc Product and Services. Envision2bWell Inc social media sites and managed forums Thank you for taking the time to review our comment policy. We encourage your participation in our discussions and look forward to an active exchange of ideas.
Accounts
When you create an account with us through approved digital products and services under Envision2bWell Inc Product and Services, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your accounts.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Intellectual Property
The “Envision2bWell” name and signature and the “EnvisionWell” name and logo are registered trademarks of Envision2bWell Inc.
Approved digital products and services under Envision2bWell Inc Product and Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Envision2bWell Inc and its licensors. They are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our copyrights and trademarks may not be used in connection with any product without the prior written consent of Envision2bWell Inc.
The contents of the website and app, including text, design, graphics, logos, trade dress, audio clips, video, photographs, software, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of Envision2bWell Inc and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Envision2bWell and its business partners, or other respective owners that have granted Envision2bWell the right and license to use such marks. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Envision2bWell. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes.
Links To Other Web Sites
Approved digital products and services under Envision2bWell Inc Product and Services may contain links to third party web sites or other digital products that are not owned or controlled by Envision2bWell Inc.
Envision2bWell Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party links. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Envision2bWell Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods available on or through any such third party digital products or services.
We strongly advise you to read the terms and conditions and privacy policies of any third- party sites that you visit.
Termination
We may terminate or suspend your account and bar access to any approved digital products or services under Envision2bWell Inc Product and Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Envision2bWell Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of approved digital products and services under Envision2bWell Inc Product and Services by you or any person using your account and password; b) a breach of these Terms, or c) Digital Content posted on approved digital products and services under Envision2bWell Inc Product and Services.
Limitation Of Liability
In no event shall Envision2bWell Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use approved digital products and services under Envision2bWell Inc Product and Services; (ii) any conduct or content of any third party on approved digital products and services under Envision2bWell Inc Product and Services; (iii) any content obtained from the approved digital products and services under Envision2bWell Inc Product and Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of approved digital products and services under Envision2bWell Inc Product and Services is at your sole risk. The approved digital products and services under Envision2bWell Inc Product and Services is provided on an “AS IS” and “AS AVAILABLE” basis, provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Envision2bWell Inc its subsidiaries, affiliates, and its licensors do not warrant that a) approved digital products and services under Envision2bWell Inc Product and Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) approved digital products and services under Envision2bWell Inc Product and Services are free of viruses or other harmful components; or d) the results of using approved digital products and services under Envision2bWell Inc Product and Services will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our approved digital products and services under Envision2bWell Inc Product and Services and supersede and replace any prior agreements we might have had between us regarding approved digital products and services under Envision2bWell Inc Product and Services.
Law Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is considered a material change, we will provide at least 30-day’s notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our approved digital products and services under Envision2bWell Inc Product and Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the approved digital products and services under Envision2bWell Inc Product and Services.
Contact Us
If you have any questions about these Terms, please contact us at info@envision2bwell.io or through our Contact Us page.
Last updated: February 25, 2020