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AFFILIATE DISCLAIMER
[See also
FTC Policy]
The following describes the Affiliate Disclaimer
"Heal Past Lives" business (based in New Jersey USA and the
parent company is "Fun Life Company LLC"). This is hereafter
referred to as "THE COMPANY".
Please see THE COMPANY'S
Terms of Service (TOS)
as it is incorporated into
all of our Legal Notices.
DISCLAIMER DEFINED:
This Affiliate Program Disclaimer (the
"Disclaimer") describes the terms and conditions whereby member(s) of
the FUN LIFE COMPANY LLC (the "Company") participate in and/or
promote products and/or services created by and/or administered
by ourselves and/or third parties who own/administer them (collectively
referred to as the "Owners").
DISCLAIMER REFERENCES:
These are the terms and conditions contained in
this Disclaimer. For purposes of this Disclaimer, the term "You"
refers to the individual or legal entity who has viewed and/or bought
products and/or services through the Company and/or the Owners.
Please consult the other legal notices on our site
(www.healpastlives.com)
such as the Terms of Service, Privacy Policy, etc. These other legal
notices are as important as this Disclaimer and it means that you also
agree to the terms set forth therein.
VALIDITY:
This Disclaimer constitutes a valid and legally
enforceable agreement. The entry of this Agreement has been duly and
validly authorized by the Company and/or the Owners. This Disclaimer is
not prohibited by the terms of any document, is not contrary to any
law, rule or regulations, and is not in violation of any court or
administrative order.
REPRESENTATIONS AND WARRANTIES:
You hereby represent and warrant to the Company
and/or the Owners you to have the complete power and authority to
purchase their products and/or services. You also hereby represent
and warrant that you have read and will be bound by the agreements
which are included in this affiliate disclaimer.
AFFILIATE PURPOSE:
The Company's role as an Affiliate is to drive
prospective customers to the websites and/or the offers of products and/or
services that the Company and/or the Owners have created. The Company
will be compensated for this promotion of the products and/or services.
Throughout the course of this Agreement, the Company, the Owners, and you
may each be referred to as a ("Party" or collectively as the "Parties").
AFFILIATE COMPENSATION:
The Company receives direct financial compensation
(commissions) for promoting the Owners products, services, and/or other
offers to you and other customers. The Owners reserve the right to change
and amend the commission rate structure, the payment methods, and other
terms of the affiliate relationship at any time, in the Owners sole
discretion. These affiliate terms between the Owners to the Company will
not be disclosed to you. Such information is deemed to be privileged
and confidential.
COOKIE PERIOD:
The cookie period for the Company's affiliate links
can be set up to as much as 180 days. This means if you click on the
Company's affiliate link and purchase during this time period, the Company
will receive the affiliate commission. If you do not want the cookies on
your device, it is your responsibility to clear those cookies from your
device.
DUE DILIGENCE:
You are expected to do you own due diligence when
it comes to your purchase and/or promotion of the Company's and/or the
Owners products and/or services and when it comes to the Company and/or
the Owners, including agreeing to this Disclaimer.
TERM:
The effectiveness of this Disclaimer shall not
commence until you purchase the products and/or services from the Company
and/or the Owners. The effectiveness hereof and binding effect shall occur
upon your purchase from the Company and/or the Owners.
TERMINATION:
This Disclaimer shall remain in full force and effect
until the earlier of you refunding the purchase price (in part or in full)
or the expiration of the refund period. You agree that the refund amount is
limited to the purchase price and excludes any costs of shipping, handling,
or other expenses necessary to complete the refund. The refund period can
be set by the Company, the Owners, and/or third party resellers at their
discretion at any time, for any cause, and without giving you or any other
customer written notice of change. After the expiration of the refund period,
you agree that your purchase of products and/or services from the Company
and/or the Owners is final.
REJECTION OF OWNERS:
The Company will immediate discontinue any affiliate
relationship if the website, offers, and products/services of the Owners
contain any illegal, immoral, repulsive, defamatory, derogatory, harassing,
harmful, threatening, obscene, vulgar, pornographic, racial or ethnic
objectionable materials, depicts sexual situations, promotes discrimination
on the basis of race, sex, sexual preference, national origin, ethnicity,
nationality, disability, religious preference, or if there is any violation
of any patent, trademark, copyright, trade secret, confidential information,
or other property rights of any party.
REJECTION OF CUSTOMERS:
The Company and/or the Owners reserve the absolute
right to rescind or terminate your access to its products and/or services
for any reason in its sole discretion, including but not limited to the
same reasons set forth above for Owners. You will have no legal recourse
against the Company for the Owner's decision to reject you or any other
customer.
FINANCIAL RESPONSIBILITIES - INCOME:
The Company's only responsibility as an affiliate of
the Owners is to connect you to the websites and/or offers of the Owners.
The Company is not responsible for the actions and inactions of you and/or
the Owners, and you hereby hold the Company and/or the Owners harmless from
or against the same.
FINANCIAL RESPONSIBILITIES - EXPENSES:
The Company is fully responsible for all costs and
expenses of maintaining and marketing the Owners products and/or services,
including but not limited to all costs associated with the creation, hosting,
modification, and improvements to our website, costs of search engine
placement and other Internet marketing, costs of inserting the Owner’s links
into our website, offline marketing costs, and all related and expenses.
Other the foregoing, the Company has no responsibility for any expenses
incurred by you as a result of purchasing the Company's and/the Owners
products and/or services.
NO REPRESENTATIONS REGARDING INCOME POTENTIAL:
The Company and/or the Owners make no representations
and warranties regarding potential income that may result from your purchase
of any products and/or services from the Company or the Owners. The Company
disclaims any and all warranties relative to earning potential by purchasing
our and/or the Owners products and/or services.
OWNERS MONITORING:
You consent to the Company and the Owners
monitoring your use of their products and/or services to determine continued
your compliance with this Disclaimer. You consent to the Company and/or the
Owners including information relative to your purchase and/or use of the
Company and/or the Owners products and/or services in their reporting
systems. You agree that this information may be provided to outside parties.
COMPANY'S LIMITED LICENSE:
As an affiliate, the Company has been given a
limited-term license, during the term of active participation as a Program
Affiliate, to utilize the Owners marketing materials (images, logos, videos,
etc) to connect you to the Owners products and/or services. These materials
will contain its proprietary property (such as trademarks) that you may not
use unless you have been approved as an affiliate by the Owners. You may
not use the Company's marketing materials without written authorization
from the Company.
OWNER’S PROPRIETARY MARKETING MATERIALS:
The Company may display proprietary marketing
materials owned by the Company and/or the Owners on our website and social
media platforms for the purpose of promoting the Company's and/or the
Owners products and/or services. You are not given permission to modify
any links or other proprietary materials that the Owner has provided to
the Company and/or that the Company has created.
LIMITED RIGHTS TO PROPRIETARY MATERIALS:
Once the Company discontinues its participation
in the Owners affiliate program, the Company will immediately cease using
their materials and will delete all such materials from our computer, website,
social media platforms, or anywhere else we have shared or stored this
information as well as all of our affiliate links wherever they exist.
AFFILIATE LINKS TO THE OWNERS SITES:
As an affiliate, the Company will place links on our
website and/or social media platforms directing users to the product and/or
services offered by the Company and/or the Owners. These may be (but are not
limited to) button links, text links, and/or banner advertisements placed on
our website or third party social media platforms, which will direct you to
the Company and/or the Owners websites via hypertext link.
LINKS TO OTHER SITES:
You may not place links to the Company's and/or the
Owners website or website content in newsgroups, message boards, unsolicited
email and other types of spam, banner networks, counters, chat rooms, guest
books, IRC channels or through similar Internet resources unless you have
received specific, written permission from the Company and/or the Owners
or have been approved as their respective affiliates.
OWNERS PRODUCTS - TERMS:
The Company cannot guarantee product availability or
the term of any price or special promotion or offer of the Company and/or
the Owners. The Company has no control over what the Owners do or fail to
do. The Company does not provide any warranty about the Owners products
and/or services. The Company does provide a satisfaction guarantee on
its products and/or services before the end of the refund expiration period.
OWNERS PRODUCTS - REFUNDS:
The Owners set their own refund expiration period
after which you will be ineligible for a refund. The Company will offer a
refund (in full or in part at its discretion) only on its products and/or
services within 90 days after the purchase date. After the expiration of
this refund period, you will be ineligible for a refund of the purchase price.
OWNERS PRODUCTS - CHANGES:
The Company and the Owners reserve the right to amend any of their
terms, conditions, policies, procedures, pricing, payment policies, collection
policies, and all other items relative to the Owners business and sale of
products at any time in its sole discretion. All customer issues and/or
their purchases will be subject to the Owners policies, procedures, rules
and regulations. The Company cannot alter any of the foregoing.
OWNERS PRODUCTS - PRICE:
Pricing of the Company's and the Owners products
and/or services is totally within their discretion. The Company and the
Owners reserves the right to change the pricing structure, terminate any
special offers, discontinue products and/or services, or change the terms
under which products and/or services are offered at any time, without any
advanced notice to you or users. The Company will not advocate for you
with the Owners when it comes to the administration of their products
and/or services.
OWNERS PRODUCTS - CUSTOMER SERVICE:
The Owners will be responsible for handling all
customer inquiries related to your purchase of the Owners products and/or
services through the Company's affiliate links. The Company will be
responsible for handling all customer inquiries related to your purchase
of the Company's products and/or services. Customer inquiries include
but are not limited to product orders, customer billing and collection,
product shipment, and/or service delivery. The Company is not responsible
for providing customer service for the Owners products and/or services.
If the Company chooses to provide any customer service for the Owners
products and/or services this is only at the Company's sole discretion and
you may not rely on the Company for such customer service.
OWNERS PRODUCTS - TRACKING:
The Company’s only responsibility to you when it
comes to the Owners products and/or services is to track the orders from
you and any other customers that occur through the Owners affiliate links.
All such reports shall be unaudited. The Company will have no obligation
to provide you with any specific information relative to your account.
You will need to contact the Owners to obtain information about your
customer account.
OWNERS PRODUCTS - CUSTOMER PROVENANCE:
All parties who make purchases of products and/or
service through the Owners website, regardless of whether they may have
reached its website through the Company's affiliate link, are deemed to
be the Owners customers (and NOT the Company's customers) relative to
the Owners products and/or services.
OWNERS PRODUCTS - MARKETING CONTACT:
By signing up on the Owners site and/or by purchasing
the Owners products and/or services, you have given the Owners the right to
contact you and any other customers and to send you and any other customers
future marketing offers.
PROHIBITED ACTIONS - GENERAL:
You agree not to take any action that is contrary to
or inconsistent with the Owners or the Company's interests and/or policies.
You will not act in any way that is damaging, defamatory, disparaging,
derogatory, hateful, or negative to the Owners or the Company. You will
not put the Owners or the Company in a false or negative light by words,
actions, inactions, publications, and/or other communications.
PROHIBITED ACTIONS - MARKETING CAMPAIGNS:
You may not run any unsolicited commercial email
(UCE) or SPAM campaigns to promote the Company's or the Owners products
and/or services. The Company and the Owners maintain a Zero-Tolerance policy
against SPAM, be it direct, third party, you, or similar agent acting on
your behalf. The Company has zero tolerance for Spam as further outlined
in out
Anti-Spam policy.
TRADEMARKS AND COPYRIGHTS - GENERAL:
The Owner or the Company may revoke any limited
license granted to you herein at any time at their discretion. This includes
any rights and license to use the Company's and the Owners trademarks, trade
names, service marks, business names, web page titles, slogans, logos, and
copyrighted materials for the purposes of promoting, advertising, announcing,
or marketing their websites and/or products/services.
TRADEMARKS AND COPYRIGHTS - PURPOSE:
You may only use the images that the Company and/or
the Owners have made available to you only if you have been approved as
their affiliate. You may not distribute, reproduce, modify, or amend these
images under any circumstances. You must only use such images in the form,
size, content, and appearance that the Company and/or the Owners created
them. You may use these images only for the purposes of promoting the
Company's and/or the Owners websites and/or products and/or services via
hyperlink only if you have been approved as the Company's and/or the Owners
affiliate.
TRADEMARKS AND COPYRIGHTS - TERM:
The Company has a non-exclusive, limited-term license
to use the trademarks, logos, and copyrighted material that the Owners
provided to us solely for the purpose of promoting Owners products and/or
services as part of the affiliate program. The Company's license shall
immediately terminate upon the Company's termination from the affiliate
program. You agree that the Company and/or the Owners retain all right,
title and interest in and to all such materials. The Company and/or the
Owners retain all goodwill and other value associated with any of these
materials. You will not gain any trademark, copyright or other proprietary
rights to such materials.
TRADEMARKS AND COPYRIGHTS - TERMINATION:
Upon termination or revocation, you will immediately
cease from any use of the Company's and/or the Owners proprietary materials
listed herein, also including but not limited to text, trademarks, copyrights,
logos, and any other materials that belong to the Company, the Owners and/or
to any other party and which may appear on the Company's and/or the Owners
website. The Company and/or the Owners may terminate this license upon notice
to you in the event that your use of these items is contrary to or does not
conform to their standards, such standards to be determined in their sole
discretion.
MODIFICATIONS - CHANGES:
The Company and/or the Owners reserve the right in
their sole and absolute discretion, to modify any terms and conditions of
this Disclaimer. Notice of changes to this Disclaimer will be communicated
by updates on the Owners and/or the Company's website. Such changes and
modifications will take effect upon the Owners and/or the Company posting
them on their respective websites. Therefore, you agree that you will check
for any updates to this Disclaimer periodically.
MODIFICATIONS - SOLE REMEDY:
In the event that you retain ownership of the Company's
and/or the Owners products, this shall be deemed as your agreement to
continue owning them. In the event that any of the provisions of this
Disclaimer and subsequent modifications are unacceptable to you, a refund
of the full purchase price before the expiration of the refund period shall
be your sole and exclusive remedy.
LIMITATION OF LIABILITIES - DOWNTIME:
The Company and/or the Owners hereby disclaim any and
all warranties and liability related to any downtime or failure for users to
be able to access their website and/or to access their products and/or
services online. The Owners and/or the Company will do their best to restore
online access as soon as possible.
LIMITATION OF LIABILITIES - RESULTS:
The Company and/or the Owners shall not be responsible
for and hereby disclaims any and all warranties related to their website(s),
their affiliate program(s), your use of their products and/or services, and
your ability to improve your health, wealth, relationships, and any other z
life circumstances by using any or all their products and/or services.
LIMITATION OF LIABILITIES - WARRANTIES:
The Company and/or the Owners do not offer any
warranties on their products and/or services including but not limited to
fitness for any particular purpose or merchantibility, non-infringement,
or any claim made based upon the owner’s course of dealing or usage of
trade. The Company and/or the Owners do not represent or warrant that its
website or any application, including but not limited to its link tracking
features, and/or its products and/or services will be error free or that
they will function without interruption.
LIMITATION OF LIABILITIES - DAMAGES:
The Company and/or the Owners shall not be responsible
for any direct or indirect damages or liabilities of any nature, including
but not limited to incidental, consequential, indirect, or special damages,
loss profits, lost business opportunity or any other damages; regardless of
whether the Company and/or the Owners were or had been advised of the
possibility of the same and took no action to prevent the same.
LIMITATION OF LIABILITIES - MONETARY DAMAGES:
Without limiting the foregoing, the Company and/or
the Owners total liability for any damages arising hereunder shall never
exceed the refund of the full purchase price payable by the Company and/or
the Owners pursuant to the terms hereof.
CONFIDENTIALITY - NON-DISCLOSURE:
In the event that any information is disclosed to you
through your purchase and use of the Company's and/or the Owners products
and/or services that is related in any way to the Company's and/or the Owners
company and business which the Company and/or the Owners deem to be
confidential and proprietary, you agree to hold such information in the
strictest of confidence and not to disclose such information to any other
party or to use any such information for your own purposes.
CONFIDENTIALITY - SCOPE:
Confidential information will include (but not be
limited to) any information regarding the changes or modifications Company
and/or the Owners make to this Disclaimer (which they shall have no
obligation to do). The Owners and/or the Company will not disclose any
special treatment given to you or to other customers (which the Company
and/or the Owners reserve the right to provide in their sole discretion).
Confidential information shall also include any and all information related
to the Company's and the Owners business, business plans, marketing plans,
user statistics, financial information, pricing, profits, membership
information, affiliations, sales information, and all other information,
which the Company and the Owners consider to be confidential and proprietary
in their sole discretion.
RESPONSIBILITIES - USAGE:
You are completely responsible for your use of the
Company's and the Owners products and/or services. You agree to not infringe
upon or violate the rights of the Company, the Owners, or any other party by
your actions or inactions in this matter.
RESPONSIBILITIES - INDEMNIFICATION:
You agree to hold the Company and/or the Owners
harmless and indemnify the Company and/or the Owners from any and all
claims, suits, threats, demands, liabilities, actions, causes of action
related in any way to your use of the Company's and/or the Owners products
and/or services. This includes but is not limited to their abuse or misuse.
Such indemnity means that you will bear any costs including but not limited
to the Company's and/or the Owners costs and attorney fees in defending
any such matter. You represent and warrant to the Company and/or the Owners
that your use of the Company's or the Owners products and/or services will
not be used for an illegal purpose or in an illegal manner.
INDEMNIFICATION - DUTIES:
You hereby agree to indemnify and hold the Company
and/or the Owners, and all of the Company's and/or the Owners stockholders,
officers, directors, employees, contractors, affiliates, agents, successors,
and assigns harmless from and against any and all of the following. This
includes claims, liabilities, damages, actions, causes of action, lawsuits,
threats, demands, settlements, including all costs and attorney fees related
thereto, that the Company and/or the Owners may incur and which are based in
whole or in part upon your use of the Company's and/or the Owners product
and/or services.
INDEMNIFICATION - CLAIMS:
This also includes (but is not limited to) any claims
arising around trademarks and other proprietary material where they infringe
upon the rights of any other party as well as your breach of any term,
covenants, condition, representation or warranty contained in this
Disclaimer. This also includes (but is not limited to) any claim related
directly or indirectly to your use, operation, or the content of the
Company's and/or the Owners websites as well as to the use of their products
and/or services.
RELATIONSHIP OF THE PARTIES:
Nothing contained herein shall be interpreted as
creating any relationship other than that of independent contracting
parties. The parties shall not be construed as being partners, joint
venturers, shareholders, employer/employee, agent/servant, etc. You have
no power or authority to bind the Owners and/or the Company to any o
bligation, agreement, debt or liability. You agree that you are not a
representative of the Owners and/or the Company.
NEUTRALITY:
If you choose to promote the Company's and/or
the Owners products and/or services in violation of any of the foregoing,
you will be held accountable for any monetary damages suffered by the
Company and/or the Owners. The Company will not support you in any
action against the Owners. The Company will remain neutral in any
conflict between you and the Owners. The Company will not agree to
testify on your behalf.
ASSIGNMENT:
This Disclaimer is only for the purchasers of the
Company's and/or the Owners products and/or services. It is intended to
communicate the terms and conditions of such products and/or services.
You have no right to assign this Disclaimer or any benefits or obligation
hereunder to any other party or legal entity. Any attempted assignment
shall be void.
LEGAL COMPLIANCE AND DISCLOSURES:
This Disclaimer is a proper legal disclosure under
the Federal Trade Commission (FTC) which clearly discloses the Company's
connection as an affiliate with the Owners for the products and/or services
of the Owners that the Company promotes. The Company's statements and
publications always reflect our honest and truthful opinions and experiences.
The Company's FTC policy is further outlined in our
FTC policy page.
You agree that this notice is evidence of the
Company's compliance with the FTC legal requirements as a seller and/or
as an affiliate of the Owners.
NOTICES:
Notices to and from the Owners and/or the Company
shall be by Email. You are responsible for contacting the Owners to obtain
their contact email address. You can contact the Company by sending an
email to
ellen@healpastlives.com.
GOVERNING LAW:
This Agreement shall be interpreted under the laws
of the State of New Jersey in the United States of America. Any and all
legal actions relative hereto shall be in the courts of State of New Jersey
in the United States of America.
ENTIRE AGREEMENT - GENERAL:
This Disclaimer sets forth the entire agreement
and understanding between the parties with respect to the subject matter
hereof and supersedes any and all prior discussions, understandings,
agreements, representations, warranties or covenants between the parties
related to the subject matter hereof.
ENTIRE AGREEMENT - CHANGES:
This Disclaimer may only be amended by the Company
and/or the Owners by posting it on their respective websites. Any waiver of
a breach or default under this Disclaimer shall not constitute a waiver of
any subsequent or other breach or default and shall not serve to modify the
agreements set forth herein.
ENTIRE AGREEMENT - VALIDITY:
If any provision or term of this Disclaimer is
held to be invalid for any reason, it shall not affect the enforceability
of the remainder of this agreement or any other term or condition of this
agreement.
FEDERAL TRADE COMMISSION COMPLIANCE
is a part of this "Affiliate Disclaimer".
Click here for our FTC Policy Statement.
CHANGE NOTICE:
As with any of THE COMPANY'S Website Policy pages, the contents of this page
can and will change over time. This page could read differently as of your
very next visit. These changes are made by THE COMPANY in order to protect
both the USER and the COMPANY.
If this page is important to you, you should check back
frequently as no other notice of changed content will be provided either before
or after the change takes effect. Any modifications to this policy will be
effective upon THE COMPANY'S publishing of the new page, and your continued use
of THE COMPANY'S website after the posting of any updates constitutes your
acceptance of our updated policy.
COPYRIGHT WARNING:
The legal notices and administrative pages on this website have been reviewed
by an attorney. We at THE COMPANY have paid to license the use of these
legal notices and administrative pages on this website for your protection
and ours. This material may not be used in any way for any reason and
unauthorized use is policed to detect violators.
QUESTIONS-COMMENTS-CONCERNS:
If you have any questions about the contents of this page, or simply wish
to reach THE COMPANY for any other reason, you may do so by using our
Contact information. To contact "Heal Past Lives", here is how:
Copyright ©
1999-2023, Ellen A Mogensen, Heal Past Lives,
532 Old Marlton Pike #248, Fun Life Company LLC, Marlton, NJ 08053 USA
Phone: (856) 988-9716 (Email FIRST)
Email:
legal@healpastlives.com
All rights reserved.
