Terms of Service

Last Updated: December 24th, 2016

Welcome to Anxiety Reliever, an innovative approach to health and wellness that gives you the tools to track, review, and deal with anxiety and stress.  Your access to and use of this service and its corresponding products and websites is subject to the following terms and conditions of service and end user license agreement (“Agreement”) and all applicable laws. Please read these terms carefully because they govern your use of our Services. This Agreement applies exclusively to your access to, and use of, this application and associated products and websites (collectively, the “Services”) and does not alter in any way the terms or conditions of any other agreements you may have with Anxiety Reliever, LLC (hereafter “Anxiety Reliever”, “we”, “our”, “us”). This Agreement may be changed by Anxiety Reliever at anytime in its sole discretion by posting the changes made to this Agreement, as revised, on this website. You agree that the express acceptance by you, or your continued access or use of the Anxiety Reliever website or mobile application after the posted changes shall constitute your acceptance of this Agreement. 

1.1 Use of the Anxiety Reliever Service 

By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, please do not use the Services. If you do not accept these Terms, then you may not download, use, install, or otherwise access the Services. 

1.2 Subject to your compliance with these terms, and your payment of any applicable service fees, we grant you a limited, nonexclusive, non-transferable, revocable right to use the Services. You agree not to use the Service in any way contrary to these Terms or any applicable laws. You hereby expressly agree not to repost or repurpose content from the Services for commercial purposes or to assist in the circumvention of payments by other users or potential users of the Services. Anxiety Reliever reserves the right to restrict access to the Services, and/or terminate existing access, based on geographic location and/or violations of the provisions herein.

1.3 You may not use the Services and you may not accept the Terms if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. We do not knowingly allow the use of our Services by children under 13. If you are over 13 years of age but are not yet of legal age to form a binding contract, then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.

 

2. Disclaimer


THE   ANXIETY   RELIEVER   MOBILE   APPLICATION, WEBSITE, AND   ASSOCIATED PRODUCTS,   SERVICES,   AND   MATERIALS  ARE   PROVIDED   ON  AN   “AS   IS”   BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANXIETY RELIEVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR   PURPOSE, TITLE   AND   NON-INFRINGEMENT.   ANXIETY   RELIEVER DOES NOT REPRESENT OR WARRANT THAT MATERIALS PROVIDED, INCLUDING WITHOUT   LIMITATION   ANY   INFORMATION   ABOUT   ANXIETY   RELIEVER   OR SERVICES PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT   OR   ERROR-FREE.   ANXIETY   RELIEVER   DOES   NOT   REPRESENT   OR WARRANT   THAT  THE   SOFTWARE   PRODUCT   OR   ITS   SERVER(S)   ARE   FREE   OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANXIETY RELIEVER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN   LAW,   INCLUDING,   BUT   NOT   LIMITED   TO,   ANY   IMPLIED   WARRANTIES   OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET   FORTH   IN   THIS   AGREEMENT.  THE   ANXIETY   RELIEVER   SERVICE,  OR   ANY OTHER   PRODUCT   OR   SERVICE   PROVIDED   BY   ANXIETY   RELIEVER,   IS   NOT   A SUBSTITUTE   FOR   MEDICAL  CARE   OR   ADVICE.   THE   SERVICES   PROVIDED ARE MEANT TO SUPPLEMENT, NOT REPLACE, EXISTING OR RECOMMENDED MEDICAL CARE AND TREATMENT.

YOU ACKNOWLEDGE AND AGREE THAT ANXIETY RELIEVER IS NOT A MEDICAL INFORMATION AND ADVICE. ANXIETY  RELIEVER  IS A SELF-HELP APP AND PROVIDES  NOT MEDICAL INFORMATION   AND   SERVICES   RELATED   TO TRACKING   AND   DEALING   WITH   ANXIETY AND STRESS. ANXIETY RELIEVER DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND IS NOT A HEALTH CARE PROVIDER. THE MATERIALS PROVIDED ARE FOR GENERAL PURPOSES ONLY. WHILE EVERY EFFORT HAS BEEN MADE TO PROVIDE CALMING ASSISTANCE AND HELPFUL TIPS,   IT  IS YOUR  RESPONSIBILITY TO MONITOR  YOUR  OWN HEALTH AND   WELL-BEING.   YOU   MUST   USE   YOUR   BEST   JUDGMENT   IN   SEEKING   THE ADVICE OF MEDICAL PROFESSIONALS WHEN NEEDED AND TO REFRAIN FROM ENGAGING   IN   ANY ACTIVITY   THAT MAY  CAUSE   PHYSICAL,   EMOTIONAL,   OR MENTAL   HARM   TO   YOURSELF   OR   OTHERS.   ACCORDINGLY,  DO NOT A USE THE SOFTWARE PRODUCT OR SERVICES WHILE OPERATING A MOTOR VEHICLE OR OTHER HEAVY MACHINERY, IN LIEU OF OTHER MEDICAL ADVICE OR TREATMENT FROM YOUR HEALTH CARE PROFESSIONAL, OR TO  DIAGNOSE   OR   TREAT  SERIOUS   MEDICAL   CONDITIONS   FOR  YOURSELF   OR OTHERS. WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY ACTIONS TAKEN DUE TO YOUR HAVING READ, SEEN, HEARD OR BEEN TOLD ABOUT SUCH ADVICE OR OTHER MATERIALS. IF YOU FEEL THAT YOUR USE OF THE SOFTWARE PRODUCT OR SERVICES IS DETRIMENTAL TO YOUR HEALTH IN ANY WAY YOU MUST DISCONTINUE USE IMMEDIATELY AND SEEK PROFESSIONAL ASSISTANCE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, SEEN OR HEARD THROUGH OUR SERVICES OR SOFTWARE PRODUCT. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR SEEK EMERGENCY MEDICAL TREATMENT. ANXIETY RELIEVER DOES NOT PROVIDE ANY MEDICAL ADVICE.

Anxiety Reliever reserves the right to change any and all content contained in the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Anxiety Reliever.

3. License Grant

This Agreement entitles you to access the Anxiety Reliever Service (“Service”) and associated products for personal and noncommercial use. This Agreement does not permit the creation of multiple copies of the Service or any products, or the distribution of any Anxiety Reliever products or services to third parties or for commercial purposes. 

This license is conditioned upon payment of the applicable fees and costs associated with the Service. Unless otherwise indicated in a version of the Software Product you download, the cost of a one (1) year subscription is $32.99 USD, the cost of monthly subscription is $5.99/month USD and the price for the purchase of an individual audio session is $2.99 USD. Prices in other countries may vary and are subject to change based on geographic region and currency. You may not access the Services in a manner intended to avoid incurring fees.

By entering into these Terms,you acknowledge that all subscriptions have recurring payment feature and you accept accept responsibility for all recurring payment obligations prior to the cancelation of your subscription by you or Anxiety Reliever.

 

4. Copyright

Unless otherwise indicated, all website and mobile application materials, including, without limitation, text, the Anxiety Reliever name and logo, and all designs, text graphics, images, audio sessions, videos, and   other   files,  and   the   selection   and   arrangement  thereof,   are   the   proprietary   and copyrighted property of Anxiety Reliever or its licensors. Reproduction, modification, distribution, republication, display or performance without   the   prior written permission of Anxiety Reliever – is strictly prohibited.

5. Trademarks and Infringement

Anxiety Reliever, the Anxiety Reliever logo, and   any proprietary product  or   service   names contained in the Services are either trademarks or registered trademarks of Anxiety Reliever or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Anxiety Reliever. In addition, all page headers, custom graphics, button icons, and scripts are service marks; trademarks and/or trade dress of Anxiety Reliever, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Anxiety Reliever. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.  

If   you   believe   that   any   material   on   the   Software   Product   infringes   upon   any   copyright   or trademark that you own or control, you may file a notification of such infringement. Please provide the following with a notice:

a) Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the service;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Anxiety Reliever will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and the World Intellectual Property Organization Copyright Treaty

Anxiety Reliever, LLC

3707 45th Terrace West Unit#108,

Bradenton, FL 34210

info@anxietyrelieverapp.com

6. Restrictions 

6.1 Restrictions on Use. 

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Anxiety Reliever mobile application or associated products. You may not use any portion of the Anxiety Reliever Services in connection with any software other than the Services. You may not use access the Services for the purpose of bringing an intellectual property infringement claim against Anxiety Reliever or engage in any activity that interferes with or disrupts the Services. 

6.2  Restrictions on Alteration.

You may not modify the  Software Product, or  any other Anxiety Reliever product, or create any derivative work therefrom. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any portion of the Services. You may not reproduce the database portion or create any tables or reports relating to the database portion

6.3 Restrictions on Copying

You may not copy any part of the Services or its content or code base.

7. Linking to our Software Product

You are granted a limited, personal, non-transferable, non-exclusive license to use the Anxiety Reliever Services. This license may be revoked by Anxiety Reliever at any time without notice or cause. Notwithstanding the foregoing, in no way will this license extend to the ability to “embed” video files or other Anxiety Reliever content on sites not controlled by Anxiety Reliever without express written permission. 

8. Prohibited Access

You agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Anxiety Reliever mobile application or website -- unless expressly permitted by Anxiety Reliever. 

9. Privacy

We respect the privacy of our visitors and encourage you to read our Privacy Policy (http://anxietyrelieverapp.com/privacy) so that you may make an informed decision about using our Services.

Usage Details, IP Addresses, Cookies and Other Technologies—As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including: 

  • Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website. 
  • Information about your computer and internet connection, including your IP address, operating system and browser type. 

The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Website and to deliver a better and more personalized service, as we may strive to do from time to time, by enabling us to: 

  • Estimate our audience size and usage patterns. 
  • Store information about your preferences, allowing us to customize our Website according to your individual interests. 
  • Speed up your searches. 
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include Cookies (or browser cookies or flash cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 

We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

10. Changes to Terms

This Agreement may be changed by Anxiety Reliever at any time in its sole discretion by posting the changes made to this Agreement, as revised, on this website. It’s your responsibility to review these Terms for any changes. By continuing to access or use the Anxiety Reliever after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Anxiety Reliever.

11. Limitation of Liability

IN NO EVENT SHALL ANXIETY RELIEVER OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE ANXIETY RELIEVER WEBSITE OR MOBILE APPLICATION OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SAME, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ANXIETY RELIEVER, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ANXIETY RELIEVER’S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANXIETY RELIEVER (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE ANXIETY RELIEVER WEBSITE OR MOBILE APPLICATION EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ANXIETY RELIEVER FOR ACCESS TO OR USE OF THIS WEBSITE OR MOBILE APPLICATION OR OTHER SERVICES.

12. Merger

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.

13. Indemnification


You agree to hold harmless and indemnify Anxiety Reliever, and its directors, officers, affiliates, employee, partners and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (1) your access to or use of the Services or Content or (2) your violation of these Terms.

14. Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

QUESTIONS AND CONTACT INFORMATION

If you have any questions about these Terms or the Service, please contact Anxiety Reliever at info@anxietyrelieverapp.com.