Terms of Service
Last Updated December 12, 2018

The following terms and conditions are a legally binding agreement which govern all use of embracewellnessgroup.com, joinembracewellness.com,and embracewellnessgroup.com/join-embrace-wellness/ websites and all content, services and products available at or through the website (taken together, the “Website”). The Website is owned and operated by Embrace Wellness Group. The Website is offered subject to your acceptance without modification of the terms and conditions contained herein and all other operating rules, policies  and procedures (including, without limitation, Embrace Wellness Group's Privacy Policy and Earnings Disclaimer) that may be published from time to time on this Website by Embrace Wellness Group (collectively, the "Agreement").

Please review the entire Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you are not authorized to access the Website or use any of the services provided on this Website or by Embrace Wellness Group. These terms and conditions are an offer by Embrace Wellness Group and your acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old and that can enter into legally binding contracts.

Guarantee of Representative on Products or Services. Each Independent Distributor is responsible for their own guarantee offered and time frames for guarantee may very from distributor to distributor. If you are unhappy with your purchase of the premium starter kit (not to exceed $170) in the amount of time the independent distributor has warranted as a guarantee, you may return that kit without question for a complete refund. Any additional purchases that have been aquired during the said time of guarantee will fall under Young Livings return policy and not the independent distributors. Young Living's Policy can be found here https://www.youngliving.com/en_US/company/return-policy 

Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: 

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; 
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; 
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Embrace Wellness Group or otherwise.

By submitting Content toEmbrace Wellness Group for inclusion on your Website, you grant Embrace Wellness Group a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Embrace Wellness Group will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Embrace Wellness Group has the right (though not the obligation) to, in Embrace Wellness Group's sole discretion (i) refuse or remove any content that, in Embrace Wellness Group's reasonable opinion, violates any Embrace Wellness Group policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Embrace Wellness Group's sole discretion. Embrace Wellness Group will have no obligation to provide a refund of any amounts previously paid.

You may NOT distribute, modify, transmit, reuse, report or use the content of the site for public or commercial purposes including the text and images without the corresponding written permission.

You, also, may NOT distribute, sell, transmit, or share product access, membership passwords, user login information in any way to anyone you have personally not sponsored. If you have purchased a product or course from Embrace Wellness Group and it is found out that you are sharing your user information or somehow giving access (paid or free) to others that you have not personally sponsored, your account will be terminated without refund.

Embrace Wellness Group makes no representation that the information in the site is appropriate or available for use in locations outside the United States, and access to the site from territories where the content of the site may be illegal or inappropriate is prohibited. Those who choose to access the site from other locations do so on their own initiate and are responsible for compliance with applicable local laws.

Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.

Changes. Embrace Wellness Group reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Embrace Wellness Group may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 

Termination. Embrace Wellness Group may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Embrace Wellness Group if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Embrace Wellness Group's notice to you thereof; provided that, Embrace Wellness Group can terminate access to the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Disclaimer of Warranties. The Website is provided "as is" with all faults and no warranties. Embrace Wellness Group and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible pursuant to applicable law. Neither Embrace Wellness Group nor its suppliers and licensors, makes any warranty that the Website: i) will meet your requirements; ii) will be error free or that errors will be corrected; iii) that access thereto will be continuous or uninterrupted; iv) will be free of viruses or other harmful components; v) will have security employed that will be sufficient against interference with your enjoyment of the website or against infringement; vi) will result in any specific health related outcome; vii) will be accurate or reliable. You understand that the Website, the products and/or services offered on the Website may contain bugs, errors, problems or other limitations, therefore you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. Embrace Wellness Group is not liable for the availability of the underlying Internet connection associated with the website. No advise or information whether oral or written obtained by you from this Website shall create any warranty not expressly stated in the Agreement. 

No Guarantee of Earnings: While Embrace Wellness Group strives to provide accurate and immediately actionable information, nothing on the Website or in our trainings has any guarantee of earnings.  Your results will be based on the effort you put into your marketing efforts. Use of this Website is subject to Embrace Wellness Group’s Earnings Disclaimer. You may view Young Living's Income Disclosure Form at https://static.youngliving.com/en-US/PDFS/YL-2017-IDS.pdf 

Limitation of Liability: In no event will Embrace Wellness Group, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any direct, indirect, special, incidental, consequential or exemplary damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) loss of profit, goodwill, use, data or other intangible losses; (v) for any amounts that exceed the fees paid by you to Embrace Wellness Group under this agreement during the twelve (12) month period prior to the cause of action. Embrace Wellness Group shall have no liability for any failure or delay due to matters beyond their reasonable control. No action, regardless of form, arising out of the use of the Website may be brought by you more than One (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Embrace Wellness Group. Access to the Website would not be provided without such limitation. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty: You represent and warrant that (i) your use of the Website will be in strict accordance with the Embrace Wellness Group Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification: You agree to indemnify and hold harmless Embrace Wellness Group, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, products purchased there from, including but not limited to your violation of this Agreement and the violation of any rights of another individual and/or entity.

Binding Arbitration & Choice of Law: All access to or use of the Website shall be governed by the laws of the state of Oklahoma, United States, excluding its conflict of law provisions. 

Any dispute arising under this Agreement or otherwise regarding your relationship with Embrace Wellness Group shall be decided exclusively through binding arbitration conducted by the American Arbitration Association (“AAA”), and shall be decided by a single arbitrator who will apply the AAA's Commercial Arbitration rules.  The arbitrator does not have authority to make an order for costs or attorneys fees, and will only award contract damages if any.  If, however, a party files a suit in Court in violation of this written arbitration agreement, the party that is made to defend the suit in Court is entitled to an immediate stay and dismissal of such Court proceeding, and shall be entitled to an award of all reasonable attorneys fees and costs in connection with such Court proceedings.  In order to keep costs down, the arbitration will be conducted through written submissions only, and the arbitrator will not require any live hearings. By entering into this Agreement you waive all rights to class arbitration.  The arbitration shall take place in Duncan, Oklahoma, in the English language and the arbitral decision may be enforced in any court. Each party will pay their costs and attorneys' fees incurred in connection with the AAA arbitration proceeding. 

Miscellaneous: This Agreement constitutes the entire agreement between Embrace Wellness Group and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Embrace Wellness Group, or by the posting by Embrace Wellness Group of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Embrace Wellness Group may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

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