terms of use
Agreement between User and www.fireworkswellness.com.
Last Updated on January 25, 2024.
Agreement to our legal terms
Welcome to our website. Fireworks Wellness Coaching ("we," "us," or "our") operates the website www.fireworkswellness.com (the “Site”). We offer this Site to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”) (collectively, the “Services”).
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fireworks Wellness Coaching, concerning your access to and use of the Services. Your use of the Site constitutes your agreement to all such Terms. You agree that by accessing the Services, you have read, understood, and agree to the bound by all of these Terms. Please read these terms carefully and keep a copy of them for your reference.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date on this Terms of Use agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date of such revised Terms are posted.
The Services are intended for users who are at least 18 years of age.
Our Services
This Site is an E-Commerce Site. This Site provides information on wellness, meditation, mindfulness, and related coaching services and products provided by Fireworks Wellness Coaching. Website visitors can request information about services provided, book and pay for services, and purchase and/or register for related courses and programs.
Privacy
Your use of this Site is subject to Fireworks Wellness Coaching's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection and use practices.
Electronic Communications
Visiting this Site and submitting information requests, signing up for newsletters, and sending emails to Fireworks Wellness Coaching on this Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you, electronically via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fireworks Wellness Coaching is not responsible for third-party access to your account that results from theft or misappropriation of your account. Fireworks Wellness Coaching and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen
Fireworks Wellness Coaching does not knowingly collect personal information from or market to persons under the age of 18. By using the Services, you present that you are at least 18 years of age. If we learn that personal information from users less than 18 years of age has been collected, we will take reasonable measures to promptly delete such data from our records. If you become aware of any personal information we may have collected from children under the age of 18, please contact us at www.fireworkswellness.com/contact.
Purchase and payment
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be made in US dollars. We may change prices at any time.
We accept the following forms of payment:
Visa
Mastercard
American Express
Discover
Cancellation/Refund Policy
All scheduled appointments for services must be paid for in full at the time of booking. If an appointment needs to be rescheduled or canceled, it must be done so with at least 24-hour notice. If the appointment is rescheduled 24 hours prior to the scheduled appointment time, payment will apply to the new appointment time. If the appointment is rescheduled with less than 24-hour notice, Fireworks Wellness Coaching reserves the right to bill for the rescheduled appointment. If the scheduled appointment is canceled with 24-hour notice and not rescheduled, payment will be refunded. If the appointment is canceled with less than 24-hour notice, payment will not be refunded. Failure to show up to the scheduled appointment without canceling or rescheduling will result in a non-refundable payment.
All purchased digital products and online courses must be paid in full at the time of purchase. We want you to be fully satisfied with your purchase, so all digital products and online courses come with a 7-day money-back guarantee. To request a refund for your purchase of a digital product or online course, you must submit your request for a refund within 7 days of purchase at www.fireworkswellness.com/contact. Refunds will be processed within 30 business days and will be issued to the original payment method only.
All live events, whether hosted in person or online (e.g., webinar), vary in price and refund policy. Please see the specific refund details listed in the event description. Where no refund policy is listed for an event, all purchases are final.
Any events promoted on this Site that are hosted by third parties are subject to that event’s policies, terms, and conditions. Please review all event information carefully before registering or making any purchases.
Links to Third-Party Sites/Third-Party Services
This Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Fireworks Wellness Coaching and Fireworks Wellness Coaching is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fireworks Wellness Coaching is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fireworks Wellness Coaching of the site or any association with its operators.
Certain services made available via this Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from this Site, you hereby acknowledge and consent that Fireworks Wellness Coaching may share such information and data with any third party with whom Fireworks Wellness Coaching has a contractual relationship to provide the requested product, service, or functionality on behalf of this Site’s users and customers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Fireworks Wellness Coaching that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Fireworks Wellness Coaching or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fireworks Wellness Coaching content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Fireworks Wellness Coaching and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fireworks Wellness Coaching or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by Fireworks Wellness Coaching from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fireworks Wellness Coaching Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Fireworks Wellness Coaching, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fireworks Wellness Coaching reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fireworks Wellness Coaching in asserting any available defenses.
governing law
Texas law, without regard to its choice-of-law provisions, governs this Agreement. The parties shall attempt in good faith to resolve informally and promptly any dispute that arises under this Agreement. Jurisdiction for any legal action arising from this Agreement shall exclusively reside in state or federal courts located in Travis County, Texas, and the user hereby consents to the jurisdiction of such courts. Notwithstanding this choice of jurisdiction, any claim or dispute relating to this agreement, as well as any other matters, disputes, or claims between users and Fireworks Wellness Coaching, shall first be Mediated and/or Arbitrated in an attempt to resolve any and all issues.
arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use whether directly or indirectly, including Tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Fireworks Wellness Coaching agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIREWORKS WELLNESS COACHING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FIREWORKS WELLNESS COACHING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIREWORKS WELLNESS COACHING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIREWORKS WELLNESS COACHING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIREWORKS WELLNESS COACHING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
not construed against drafter
Any ambiguities with respect to any provision of this Agreement shall not be construed by any court or other judicial authority against any party deemed to have drafted or structured such provisions.
Termination/Access Restriction
Fireworks Wellness Coaching reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Severability
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fireworks Wellness Coaching as a result of this agreement or use of the Site. Fireworks Wellness Coaching's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fireworks Wellness Coaching's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fireworks Wellness Coaching with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
entire agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fireworks Wellness Coaching with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fireworks Wellness Coaching with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Fireworks Wellness Coaching reserves the right, at our sole discretion, to modify or replace the Terms under which the Site is offered. What constitutes a material change will be determined at our sole discretion. The most current version of the Terms, noted as the “Last Updated” date, will supersede all previous versions. Fireworks Wellness Coaching encourages you to periodically review the Terms to stay informed of our updates.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. IF YOU DO NOT AGREE TO THE NEW TERMS, IN WHOLE OR IN PART, PLEASE STOP USING THE SITE AND THE SERVICES.
Contact Us
Fireworks Wellness Coaching welcomes your questions regarding the Terms. You may contact us at www.fireworkswellness.com/contact.