Terms + Conditions
Introduction & Definitions
Wellspring Stones LLC, welcomes you. Hereafter, Wellspring Stones LLC, may be referred to as “the Company,” “WSS,” “we,” “us,” and / or “our.”
This Terms and Conditions Agreement (the “Agreement” or “Terms”) is an agreement between you and the Company, and set forth the legally binding terms for your use of the Websites www.wellspringstones.com, www.cassandrametzger.com, and any other Websites owned by the Company and successor Websites (collectively and individually the “Websites”), and other interactive properties, including, but not limited to, our mobile Websites and applications. These Terms apply to the services, software, and applications the Company provides online, as well as to any goods and services the Company makes available.
The entire contents of this Website are based upon the opinions and experience of Cassandra Marcella Metzger, unless otherwise noted.
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Agreement and to use the Websites in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the Websites. The Websites are only available to those under the age of 18 with a parent or guardian’s permission. The Websites are not intended to be used by those under the age of 13.
Update to Terms
We provide visitors to our Websites access to the Websites subject to the following Terms & Conditions, which may be updated from time to time without notice to you. The Company reserves the right to update or change these Terms at any time and without notice by posting the most current version of the Terms on the Website with a new Effective Date shown.
We provide Visitors and Registered Users with access to the Services as described below.
Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can:
(i) view all publicly-available content on the Websites; and
(ii) contact us through the forms on our Websites.
Registered Users can do all the things that Visitors can do, and:
(i) purchase products and services through one of our Websites;
(ii) access exclusive content available only to Registered Users;
(iii) create, access, manage, and update their own personal accounts on the Websites;
(iv) post comments and other content on the Websites (collectively, “Registered User Content”);
(v) sign up for our various programs, challenges and groups;
(vi) sign up for alerts and other notifications; and
(vii) become part of the Wellspring Stones Facebook Group community.
The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion without explanation.
In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms & Conditions.
All sales are billed in USD.
Your item will be prepared for shipping within 5 business days. Typical delivery time can range from 5 – 15 business days depending on the ship-to address and other variables.
REFUND AND “BACK-AND-FORTH” POLICY
All sales are final, unless otherwise stated. For most publications, our “Back-and-Forth” policy is as follows: for any of our digital books and guides, if you are unsatisfied for any reason, just let us know, and we’ll give you back your money. The only thing we ask is that you send the book or guide forth to someone you think would appreciate the information. We will trust you to pay it forward.
And here’s one more thing: if you’re willing to take the time to share with us exactly why you did not find the product helpful, we will send back to you a suggestion – a website, a book, a podcast. Not just as a thank you (though we would be very grateful for the feedback), but so that we get a chance to fulfill our mission to create ease in your life. We’re committed to that.
ONLINE COMMERCE PROVIDED BY THIRD PARTIES
Certain sections of the Websites may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Websites or on a website linked to by the Websites, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and WSS. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies.
In addition, when you purchase products or services on or through the Websites, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release WSS and our affiliates from any damages that you incur, and agree not to assert any claims against WSS or them, arising from your purchase or use of any products or services made available by third parties through the Websites.
Your participation, correspondence or business dealings with any third party found on or through our Websites, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that WSS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
ONLINE COMMERCE PROVIDED FOR THIRD PARTIES
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Websites. You agree to use the Websites and to purchase services or products through the Websites for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
COMMUNITY GUIDELINES & INTERACTIVE FEATURES
Our Websites may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. We invite participation in the community and require compliance with the following guidelines and simple rules. In addition, you will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose.
Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Websites, or sent via any email services on the Websites, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Websites.
Community + Commerce
COMMUNITY GUIDELINES & INTERACTIVE FEATURES (Continued)
It is a condition of your use of the Websites that you do not:
• Restrict or inhibit any other user from using and enjoying the Websites.
• Use the Websites to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Websites or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Websites.
• Use the Websites to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Websites, or any account, computer system, or network connected to this Websites, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Websites.
Likewise, as a Visitor or Registered User, you will NOT use the Websites to post, transmit, upload, email or otherwise make available content that
• Is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, sexually explicit or indecent information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Contains hate speech. (For example, but not limited to, speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity).
• Threatens, bullies or otherwise harasses or stalks another person.
• Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
• Includes information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or right of publicity that is protected by copyright, trademark or other proprietary right(s), or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Disperses information, software or other material that contains a virus or other harmful component.
• Exploits any information, software or other material for commercial purposes, or that contains advertising.
• Advertises or solicits anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gathers for marketing and/or commercial purposes any email addresses or other personal information that has been posted by other users of these Websites. Nor will you spam other users.
• Engages in any marking and or commercial activities on our Websites.
WSS may host message boards, chats and other public forums on its Websites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future.
WSS or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by WSS staff, WSS’s outside contributors, or by users not connected with WSS some of whom may employ anonymous usernames.
WSS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of WSS or any of its subsidiaries or affiliates.
WSS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Websites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
The information, products and services offered on or through the websites and by WSS and any third-party sites are provided "as is" and without warranties or any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that the websites or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards or the servers that make it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the websites or materials on these websites or materials on these websites 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 WSS, 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 and all 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.
Health Advice Disclaimer
The material provided on Websites is not intended to replace a one-on-one relationship with a qualified health care professional. “Material” may include, but is not limited to, user-generated content, blog posts, images, information, and products or services for sale on the Websites. The material on the Websites should not be construed as medical advice, and it should not be used as a substitute for professional medical advice, diagnosis or treatment. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services and other information provided on the Websites.
Health Advice Disclaimer (Continued)
The Company assumes no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the material found or on material linked to the Websites. We encourage you to make your own health care decisions based upon your research and in partnership with a qualified health care professional or medical doctor.
WSS participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for businesses to earn commissions through Amazon links. Whenever you buy a book or an item from Amazon from a link on the Websites, WSS could receive a small percentage of its purchase price. There is no increased cost to you. These affiliate programs support WSS and our mission, and your help is very much appreciated.
Third Party Link Disclaimer
Throughout the Websites, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Websites or on Websites linked to by us on the Websites.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not WSS. Neither WSS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, WSS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized WSS representative while acting in his/her official capacity.
Liabilities + Licenses
Our LImited LICENSE to You
The Websites and all the materials available on the Websites are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Websites are provided solely for your personal noncommercial use. You may not use the Websites or the materials available on the Websites in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Websites. You may, however, from time to time, download and/or print one copy of individual pages of the Websites for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
NO OTHER LICENSE GRANTED
Except for allowing you to use the Company’s Websites for your personal use as set forth herein, when you use the Company Websites, you are not receiving a license or any other rights from the Company, including intellectual property or other proprietary rights of the Company. You understand that you have no rights to the Company Websites or any other property, real or intellectual, owned by the Company, except as we indicate in these Terms.
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. Some states do not allow the exclusion or limitation of certain categories of damages, therefore 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 websites, any materials, products, or services on the websites, or with any of the website's terms and conditions, your sole and exclusive remedy is to discontinue using the websites and the products, services and/or materials. The websites are continually under development, and company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
You acknowledges and agrees that no representation has been made nor relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in the programs offered by the Websites.
Choice of Law + Other
All material published on the Websites, including, but not limited to, photographs, video, text, graphics, music, images, animations, audio, data, sounds, messages, comments, ratings, and other materials on the Websites (together “Content”) is owned by the Company or its licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. In addition, the Company owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Company Websites. All trademarks, service marks, trade names, and trade dress appearing on the Websites (“Trademarks”) are proprietary to the Company and/or our official licensors or licensees. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Trademarks, the Content, the Company website, in whole or in part, without the Company’s express prior written consent.
You may download Content for your personal, non-commercial use only as provided in these Terms, or as may be otherwise permitted by the Company from time to time, provided that you do not alter any such Content and you keep intact all copyright and other proprietary notices and you do not use the Content in any way that would express or imply an association or affiliation between you and the products and services of the Company or any third party. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the Company’s Websites. Copying or storing of Content for other than personal use is expressly prohibited without prior express written permission from us or the owner of the Content. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Company’s name or Trademarks without the express written consent of the Company. You may not use any proprietary graphic or Trademark as part of a link without express written permission. If you engage in any uses not permitted by these Term, all permissions or licenses granted by the Company in these Terms shall automatically terminate.
PERMISSION TO USE INTELLECTUAL PROPERTY
Requests to use the material on any of the Websites for any purpose other than as permitted in these Terms should be directed to care (at) wellspringstones.com.
This Agreement and any action related thereto will be governed by the laws of the District of Columbia without regard to its conflict of laws provisions.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between WSS and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims agains us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.
If either party chooses arbitration, neither party shall have the right to litigate such claim in court or to have a jury trail, except either party may bring its claim in its local small claims court, if permitted by that small claims court rules and if within such court's jurisdiction. Arbitration is different from court, and discovery and appeal rights may also be limited in arbitration.
All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS (www.jamsadr.com) pursuant to its then current Comprehensive Arbitration Rules and Procedures, and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website (www.jamsadr.com). Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to “stay” a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of courts of the District of Columbia for purposes of any such action by us.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed to by WSS and you in writing, this Agreement constitutes the entire Agreement between you and WSS with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience, and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.