Terms of Use

Terms and Conditions

Publication Date: January 11, 2017

Welcome to mevoke.com! Prior to using this website, please review the following terms and conditions.

1. Introduction and Terminology. The following terms and conditions (the “Terms”) govern the use of this website. Please also review the Privacy Policy. Use of this website constitutes an agreement to the Terms and Conditions and the Privacy Policy in full.

As used herein, “mevoke.com,” “mevoke,” or the “Site” refers to the mevoke.com domain and various subdomains operated by Marie M. Moody. “Marie M. Moody,” “mevoke.com,” “Us,” “We,” or “Our” refers to Marie M. Moody and her employees, agents, or assigns. “You,” “Your,” “User,” or “Client” refers to You, the person accessing the Site. “Party” or “Parties” refers to both Us and You, either collectively or individually according to context. Any use of the above terminology shall be taken as having the assigned meaning regardless of use in the singular, plural, or capitalization.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MEVOKE.COM. PLEASE READ THE TERMS CAREFULLY. The Site is offered to You conditioned on Your acceptance of the Terms. Your registration, access, or use of the Site constitutes Your agreement to the Terms without limitation. If you do not agree to the Terms, you must not use the Site.

2. NOTICE – the Site does not provide medical advice. The Site is intended to provide services, information, and material for life coaching, social networking, and achievement tracking. We hope to work with You through the Site to provide You with helpful, motivating, and empowering content and services.

However, the Site is not intended to and does not provide counseling, therapy, psychiatry, medical or psychological advice, diagnostics, or treatment. The Site is not intended to serve as a substitute for proper medical or psychological treatments, and should not be used for such. The materials provided on the Site are for informational and educational purposes only. In providing Our services and materials, We are not working as doctors, therapists, dieticians, or in any other medical professional capacity. Results for programs or information provided on the Site or by Us cannot be guaranteed. Please contact a licensed mental health professional if You believe You may benefit from or be in need of professional mental health aid. If You believe that You or someone You know may be having a mental health or medical emergency, please contact 911 for emergency services.

3. Privacy. Please review our Privacy Policy. You agree to keep all of Your login information for the Site secure, including passwords and user names. You agree not to share Your account or account information with any third party.
4. Minors. The Site is only intended for adults, age 18 or above.   By using this site You are warranting that You are at least 18 years of age. The Site is not intended to appeal to minors and does not knowingly collect any information from minors. If you are under the age of 18, you can NOT use the Site.
5. Acceptable Use. You agree not to use the Site or any information or services provided on the Site to post, create, or send messages or content that may be considered offensive, obscene, harassing, abusive, illegal, invasive of privacy, intentionally misleading, or otherwise objectionable, as determined solely by the Site. This applies to messages or content to other users of the Site or to Us or Our employees or agents. You agree not to use the Site to publish or distribute advertisements or solicitations without receiving Our prior express written consent. We reserve the right to determine which content or messages are in violation of the Terms, and to take remedial action which is appropriate in Our sole discretion, including removing or deleting the content or banning an account, user, or IP address.
6. User Content. “User Content” refers to materials (including but not limited to text, video, images, audio, internet links, or other materials) provided by You to the Site for display or presentation on the Site, including material posted, uploaded, linked, listed, stored, or otherwise submitted to the Site. We do not claim ownership of User Content; however, by providing the User Content, You grant Us and Our affiliates, without limitation, a non-exclusive, irrevocable, worldwide, royalty-free license to use, copy, distribute, publicly display, publish, translate, or edit the User Content, and to associate the User Content with You. In addition, You grant Us the right to sub-license these rights, and the authority to enforce and bring action for infringement of these rights.

By providing the User Content, You represent and warrant that You own the User Content and otherwise control all rights to the User Content without limitation. Further, You warrant and represent that the User Content is not illegal, unlawful, and does not infringe the rights of any third party, and that You agree to indemnify Us for any cause of action arising due to the User Content. You agree that any User Content provided by You is free from viruses, malware, spyware, keystroke logger, or other malicious software.

You warrant that User Content provided by You to the Site or to Us is not individually identifiable Protected Health Information (PHI) as covered by Title II of the Health Insurance Portability and Accountability Act (HIPAA). We are not an entity governed by HIPAA compliance rules, and by using the Site You agree that You have no expectation that User Content provided to the Site or to Us will be covered by HIPAA privacy or security guidelines.

We are not obligated to publish, post, distribute, or otherwise display any User Content. We reserve the right to remove any User Content from the Site, Our servers, or Our records at any time and without notice to You, at Our sole discretion.

Notwithstanding Our rights in regard to the User Content, We do not monitor, endorse, or warrant any User Content submitted to or published on the Site, and We are not responsible for any such User Content.

7. Copyright and Trademark. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the Site are registered and unregistered trademarks of Marie M. Moody. Nothing contained on the Site should be construed as granting any license or right to use any trademark without the prior express written permission of Marie M. Moody.

The content displayed on the Site is copyrighted and owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author.

Unless otherwise stated, Marie M. Moody or Our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print content from the Site for Your own personal use, subject to the restrictions set out below and elsewhere in the Terms. You agree not to, without Our express written consent: publish or distribute material from the Site (including publication on another website); publicly display or perform content from the Site; use content from the Site for any commercial purpose; or modify or edit content from the Site.

8. Communication. We may contact You by any communication channels You provide to Us, including e-mail, telephone, facsimile transmission, or mail. Notices or information may also be provided or posted through the Site. See the Privacy Policy for additional details.
9. Provided Services. We offer a variety of paid services to You through the Site.   These may include services offered for a one-time payment, such as for a webinar, a personal session, a set number of sessions, or a month of service, for example. Services may also be offered on a recurring basis, such as a monthly or yearly service plan.
10. Method of Payment. We accept payments online through one or more third party payment services, such as Paypal. We do not accept cash, checks, money orders, or other methods of payment. You agree not to submit payments directly to Us by mail or other methods than the payment methods offered directly on the Site. You agree to submit payment at the time that services are reserved or booked, and not at the time of execution of the services. If Your payment does not clear or fails for any reason, We reserve the right to cancel performance of any services related to the payment.
11. Recurring Payments. We offer some membership services on a recurring payment plan. By signing up for a recurring plan, You acknowledge that you will be billed automatically to renew your membership plan.
12. Cancellation and Rescheduling.
13. Recurring Plan. You may cancel a recurring payment membership plan at any time through Your membership page. You may receive a refund for canceling your plan within 30 days of payment, provided you have not redeemed any personal sessions, webinars, or other services during that period. By cancelling a recurring payment membership plan, You will be downgraded to a free membership account.
14. Scheduled Sessions. Sessions may be cancelled or rescheduled through the calendar in your membership page. You may cancel or reschedule any personal sessions up to 48 hours in advance without penalty and You may receive a refund or session credit for such cancelled sessions. If You cancel or reschedule less than 48 hours before a session, You agree that You are not entitled to a refund or credit for the session.
15. External Sites. These Terms apply to the mevoke.com domain and various subdomains. They do not apply to any external websites, whether or not the external websites link to the Site or are linked to by the Site. We do not endorse the opinions or content of any other website, and are not responsible for the content or actions of any external website or third party.
16. Disclaimers. We strive to provide You with accurate and quality content and information on the Site at all times. However, the Site is provided “as is,” and We make no warranties of any kind, whether express or implied, with respect to the content or quality of the information or services provided through the Site, except as required by law.

We make no warranties as the availability or functionality of the Site, with regards to accessibility at any given time, in any given region, or otherwise. We make no warranties that information, advertisements, or other material provided on the site is accurate, complete, true, or non-misleading. We make no warranties as to any results or outcomes in the use of services, information, or content provided by or through the Site.

15. Limitation of Liability. You agree that Our entire liability, and Your exclusive remedy, with respect to any services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount You paid for such service(s). We are not liable to You, Your heirs and assigns, or any third parties, under the laws of contracts, torts, or otherwise, for the contents or use of the Site, or otherwise in regards to the Site. We are not liable for any special or consequential damages resulting from the use of, or the inability to use, the Site or any services or materials provided by Us. Without limitation, We are not liable for any losses relating to the use of the Site, be they direct or indirect, financial, medical, goodwill, property, information or data, or damage to Your computer or software. We do not, however, limit liability as to any matter for which it would be unlawful to exclude or limit liability.
16. Indemnification. You hereby indemnify Us and undertake to keep Us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Us to a third party in court-ordered damages or in settlement of a claim or dispute on the advice of Our legal advisers) incurred or suffered by Us arising out of any breach by You of any provision of the Terms.
17. Choice of Law; Disputes. The Terms shall be construed under and in accordance with laws of the State of Texas and is performable in Travis County, Texas. The Parties hereby agree and submit to the jurisdiction of and exclusive venue in Travis County, Texas for the litigation of any dispute arising out of the Terms or performance of the Terms.

Any cause of action or claim against mevoke.com or Marie M. Moody regarding the Site must be brought within one (1) year after the cause of action or claim arises. Our failure to require or enforce strict performance of any provision or right of the Terms shall not be construed as a waiver of the provision or right. We may assign Our rights and duties under the Terms to any party at any time without notice to You.

18. Breaches. If You should breach the Terms in any way, We may take any such action as We deem appropriate to address with the breach, including without limitation, deleting, suspending, or revoking Your account or Your access to the Site, blocking computers associated with Your IP address from accessing the Site, contacting Your internet service provider (ISP) to request that they block Your access to the Site, or bringing court proceedings against You. In the event of You breaching the Terms, We reserve the right to cancel any pending agreements or contracts between the Parties covered by the Terms, and You forfeit any funds paid to Us, regardless of the status of any project or services for which the funds were paid.
19. Severability. If any provisions of the Terms are found to be unlawful or unenforceable under applicable law, all other provisions of the Terms shall remain in full force and effect. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
20. Waiver. Failure of either Party to insist upon strict performance of any provision of the Terms or the failure of either Party to exercise any right or remedy to which the Party is entitled under the Terms shall not constitute a waiver thereof, and shall not cause a diminution of the Party’s obligations, rights, or remedies under the Terms. No waiver of any of the provisions of the Terms shall be effective unless the waiver is expressly stated in writing and signed by both Parties.
21. Force Majeure. Neither Party shall be liable to the other for any failure to perform any obligation under the Terms which is due to an event beyond the control of such Party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of the Party’s control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall inform the other Party of the same and shall use all reasonable efforts to comply with the Terms.
22. Changes to the Terms. We may revise the Terms of the Site from time-to-time and without notice to You, at Our sole discretion. The current Terms posted on the Site apply as of the time of publication, and supersede all prior versions of the Terms. We encourage You to review the Terms periodically to stay apprised of Your rights and obligations.
23. Entirety of the Agreement. Absent a separate agreement to the contrary, the Terms and Privacy Policy constitute the entire agreement between You and mevoke.com in relation to Your use of the Site.