YOU AND ANRGIRL.COM, (THE “COMPANY”, “WE” OR “US”) AGREE THAT YOUR ACCESS TO AND USE OF THE ANRGIRL.COM WEB SITE (THE “WEB SITE”), IS SUBJECT TO YOUR AGREEMENT TO THE TERMS AND CONDITIONS LISTED BELOW. PLEASE READ THESE TERMS CAREFULLY. AFTER READING THE TERMS, IF YOU AGREE TO THEM, PLEASE INDICATE YOUR DECISION BY CLICKING ON “I AGREE” AT THE END OF These Terms of Service. IF YOU DO NOT AGREE, INDICATE YOUR DECISION BY CLICKING ON “I DO NOT AGREE” AND YOU WILL BE RETURNED TO THE HOME PAGE OF THIS WEB SITE.
1. INDEMNITY. You agree to indemnify and hold the Company and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
(i) your use of the Services or the Web Site in violation of these terms of service;
(ii) or your violation of any law or the rights of a third party. You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against the Company for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.
2. USE OF WEB SITE CONTENT. All Content on the Web Site, is the proprietary property of the Company or its licensors (including Web Site users). Subject to the terms of this Agreement, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of the Company or the owner of the Content. Except as otherwise set forth in this Agreement, any use of the Content is strictly prohibited. All trademarks, logos, trade dress and service marks on the Web Site are trademarks or registered trademarks of the Company or its licensors, or participants, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or rightful owners.
3. Postings in the sections of the web site, Forums, Message Boards, Guides and any other areas of and through our web site are for educational and information purposes only. They are not legal advice or legal opinions. Transmission of the information is not intended to create, and receipt does not constitute, a binding legal relationship between ANRGIRL.COM, its Licensors, participants and you. The opinions expressed in the postings may be opinions of the Licensors, participants and do not reflect the opinions of ANRGIRL.COM, its employees or agents. ANRGIRL.COM, its employees, agents, or others that provide information, opinions, suggestions or recommendations on or through this web site will not be liable or responsible to you for any claim, loss, injury, liability, or damages related to your use of this site or any site linked to this site.
4. DISCLAIMER OF WARRANTIES. The Company is not responsible for any incorrect or inaccurate Content published on the Web Site or in connection with the Services, including Content published by users of the Web Site or the Services. The Company is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site or the Services. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Web Site or the Services. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, the Web Site or any Content published on the Web Site. THE WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICES.
4. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Nashville, Tennessee, in accordance with Tenn. Code Ann. Section 29-5-301 et seq.* (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Tennessee, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to this Agreement shall be brought and heard either in the Tennessee state courts located in Davidson County, Tennessee, or the federal district court for the Eastern District of Tennessee located in Chattanooga, Tennessee. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
5. MISCELLANEOUS. This Agreement sets forth the entire agreement between you and the Company pertaining your use of the Web Site and the Services. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued use of the Services or the Web Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Web Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Company’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Scheduling Policy: Thank you for your interest in purchasing a consultation with ANRGIRL. You will be receiving an offered schedule appointment time according to the time you provided on the form you completed. Please send an email confirmation within 24 hours of receiving the offered schedule time that you will be available at that time. If ANRGIRL doesn’t receive a reply confirmation within 24 hrs for the date and time offered, she’s entitled to fill that slot with another client. She’ll not consider the date and time a booked consultation until receiving the confirmation from you on the appointment offered.
Cancellation Policy: If you fail to give the proper 24 hour notification of cancellation, your scheduled time for appointment will forfeited. You will be required to purchase another appointment. Once you have accepted your scheduled appointment time via email confirmation response to ANRGIRL, it is considered final. All transactions are final. A one- time courtesy cancellation will be granted if you email a notification prior to 24 hours before scheduled appointment time. This does not mean by the previous “date” of the scheduled appointment. It must be a full 24 hour advance notification of cancellation. If the proper notification time is given for cancellation, you will receive a follow up email with another proposed reschedule appointment. Once that appointment is confirmed by you, it is final. If you are unable to make that second appointment- second cancellation, you acknowledge that your right to paid scheduled appointment is forfeited. You will be required to make a new purchase to schedule an appointment.