Terms and Conditions

WEBSITE TERMS OF USE

This website (the “Site”) is owned and operated by Angela Amias, Spirit's Garden PLC ("Angela Amias").

The following Terms of Use govern your access and use of the Site. By accessing or using this Site, you are creating a legal and binding agreement between you ("you" and "your") and Angela Amias. Use of this site indicates your agreement to these Terms of Use. Please carefully read these Terms of Use and the related Privacy Policy before accessing or using this Site, as your use and access create a binding agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use this Site. If these terms and conditions are considered an offer by Angela Amias, acceptance is expressly limited to these terms.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity to this agreement.

The Site or your access to the Site can be terminated at any time by Angela Amias.  No such actions shall be deemed a breach or violation of this agreement on the part of Angela Amias. 

Changes to Terms and Conditions

Angela Amias may at any time amend these Terms and Conditions without any individual notice to you. Such amendments are effective immediately upon Angela Amias posting the new Terms and Conditions on this site. if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of these Terms of Use and Privacy Policy. All parts of this agreement including the Terms of Use and Privacy Policy shall be deemed to be one single agreement. The subject headings of the paragraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Site Content and Additions to Site Content

If you are a minor under the age of 18, you need the consent of your parent or guardian to use or access the products and services on the Site. 

Any new products or features added to the Site will also be subject to these Terms of Use. Angela Amias reserves the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes. The most current version of these Terms of Use will be available on this page. 

Angela Amias shall not be obligated to provide individual notice to you of any changes to the Site.  

Intellectual Property

This Site contains intellectual property owned by Angela Amias. Angela Amias reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written agreement of Angela Amias.

Lawful Purposes Only

You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Use.

Description of Site Offerings

Angela Amias makes a reasonable attempt to describe the content and products on this site as accurately as possible and to display the content and products as accurately as possible. This is not a guarantee that the Site is entirely accurate or error-free. Angela Amias reserves the right to refuse or cancel any unfulfilled order, for any reason, including an incorrect price listing of a product or service. 

Third-Party Links

The Site contains links to third party websites and resources. You acknowledge and agree that Angela Amias is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

No Warranties

Angela Amias does not guarantee, represent or warrant that your use of the site, or the products and services offered therein, will be error-free, secure, timely, or uninterrupted. Angela Amias does not guarantee that the results that may be obtained from your use of the site, or the services and products offered therein, will be accurate or reliable.

Angela Amias may remove all or some of the services and products offered on the Site permanently or for indefinite periods of time.

You expressly agree that your use of the Site is at your sole risk. The Site and all products delivered to you through the Site are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The information, e-courses, and other materials contained on this web site ("The Information") has not undergone evaluation and testing by the United States Food and Drug Administration or similar agency of any other country and are not intended to diagnose, treat, prevent, mitigate or cure any disease.  

The Information is not intended to be used as and is not medical or psychological or other advice and is not any recommendation for any particular treatment or program and such advice and recommendation should only come from the reader’s or user’s own physician, psychologist, psychiatrist or other licensed health care professional.  All readers and users of The Information should consult their own physician, psychologist, psychiatrist or other licensed health care professional prior to using any of The Information. 

Angela Amias does not make any representations, warranties or guarantees that any of The Information will produce any particular medical, psychological, physical or emotional result.  Angela Amias is not engaged in the rendering of medical, psychological or other advice as a result of making The Information available. 

Using this web site or The Information do not constitute a professional relationship or professional advice or services.

The Information is based on information from sources believed to be accurate and reliable and every reasonable effort has been made to make The Information as complete and accurate as possible but such completeness and accuracy cannot be guaranteed and is not guaranteed.  The reader and user should use The Information as a general guide and not as the ultimate source of information.  The Information is not intended to include every possible bit of information regarding The Information but rather to complement and supplement information otherwise available and the reader and user should use The Information accordingly.

If the user purchases any services or products as a result of The Information, the user acknowledges that the user has done so with informed consent. 

The Information is provided on as "as is" basis without any warranties of any kind, express or implies, whether warranties as to use, merchantability, fitness for a particular purpose or otherwise. Angela Amias expressly disclaims any liability for and shall not be liable for any loss or damage including but not limited to any loss or damage from any use of the Information or any part of the Information and shall not be liable for any direct or indirect compensatory, special, incidental, or consequential images or costs of any kind or character. 

Angela Amias shall not be responsible for any acts or omissions by any party including but not limited to any party mentioned or included in the Information. 

Angela Amias will not be liable for any damages or costs in excess of the costs of accessing this web site even if Angela Amias shall have been informed of the possibility of such damages or costs. 

The within Limitation of Warranties may be limited by the laws of certain states or other jurisdictions and so some of the foregoing information may not apply to the user  and the user may have other rights that vary from state to state. 

IF THE READER OR USER DOES NOT AGREE WITH ANY OF THE TERMS OF THE FOREGOING, THE READER OR USER SHOULD *NOT* USE THE INFORMATION OR REMAIN ON THIS WEB SITE.  IF THE READER OR USER REMAINS ON THIS WEB SITE, THE READER OR USER WILL BE DEEMED TO HAVE ACCEPTED THE PROVISIONS OF THIS DISCLAIMER.

No Consequential Damages

To the full extent permitted by law you agree that under no circumstances shall Angela Amias be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Site or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Site or its services or products. In no event shall Angela Amias’s cumulative liability to you exceed the total purchase price of the products you have purchased from Angela Amias.

Indemnification

You agree to defend and indemnify Angela Amias against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Terms of Use or any use by you of the Site or it products. You shall not settle any third party claim or waive any defense without Angela Amias's prior written consent.

Changes to Terms and Conditions

Angela Amias may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the Site by you after being notified means you accept these amendments.

Digital Millennium Copyright Act (“DMCA”)

Angela Amias respects the copyrights of others. If you see any content on the Site that you believe violates or infringes your copyright, you may submit via email a DMCA take down request. Please provide the following information: (1) The URL, and other description if necessary, to precisely locate the unauthorized material on the Site; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to hello[at]angelaamias[dot]com.

Governing Law and Dispute Resolution

You agree that the laws of the State of Iowa, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that exclusive jurisdiction for any claim or dispute with Angela Amias, resides in the courts of the State of Iowa, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Iowa. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court located in Johnson County, Iowa.

As a condition precedent to your filing any claim or action against Angela Amias, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in Johnson County, Iowa, each party to bear its own costs. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.

Severability

If any term, provision, or condition of these Terms of Use is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Entire Agreement/Waiver

These Terms of Use and related Privacy Policy constitute the entire agreement between you and Angela Amias pertaining to your use of the Site and any products offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by Angela Amias 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 Angela Amias.

Date of Last Update

May 15, 2018