BY VISITING WWW.YELLOWBIRDIE.CO, YOU ARE CONSENTING TO OUR TERMS  OF SERVICE. 

OVERVIEW  

By using WWW.YELLOWBIRDIE.CO, referred to as this “Site”, all visitors, referred to as  “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and  “our” refer to HARMONY CONSULTING AGENCY CORP (the “Company”), owner of  WWW.YELLOWBIRDIE.CO Accessing this Site constitutes a use of the Site and an  acceptance to the Terms provided herein.  

By using the Site, you agree to these Terms of Service, without modification, and  acknowledge reading them. We reserve the right to change these Terms of Service or to  impose new conditions on use of the Site, from time to time, in which case we will post  the revised Terms of Service on this Site. By continuing to use the Site after we post any  such changes means you accept the new Terms of Service with the modifications.  

SITE USE  

To access or use the Site, you must be 18 years or older and have the requisite power  and authority to enter into these Terms of Service. 

 In order to use the Site, you may be required to provide information about yourself  including your name, email address, and other personal information. You agree that any  registration information you give to the Company will always be accurate, correct and up  to date. You must not impersonate someone else or provide account information or an  email address other than your own. Your account must not be used for any illegal or  unauthorized purpose. You must not, in the use of the Site, violate any laws in your  jurisdiction. 

You may use the Site for lawful purposes only. You shall not post or transmit through the  Site any material which violates or infringes the rights of others, or which is threatening,  abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene,  profane or otherwise objectionable, contains injurious formulas, recipes, or instructions,  which encourages conduct that would constitute a criminal offense, give rise to civil  liability or otherwise violate any law.  

PURCHASE AND REFUND POLICY  

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or  entering your credit card information, or otherwise enrolling, electronically, verbally, or  otherwise, you (“Client”) agree to be provided with products, programs, or services by the  Company unless a separate Terms of Purchase Agreement is provided at purchase. No  refunds will be given for any products purchased online OR through a Yellowbirdie  employee.

YELLOWBIRDIE WELLNESS INTELLECTUAL PROPERTY  

The Site contains intellectual property owned by Harmony Consulting Agency Corp,  including, without limitation, trademarks, copyrights, proprietary information and other  intellectual property as well as the Yellowbirdie Wellness /www.yellowbirdie.co, name,  logo, all designs, text, graphics, photographs, other files, and the selection and  arrangement thereof.  

You may, view, print and/or download one copy of the Materials from this web site on any  single computer solely for your personal, informational, non-commercial use, provided  you keep intact all copyright and other proprietary notices.  

You may not modify, publish, transmit, participate in the transfer or sale of, create  derivative works from, distribute, display, reproduce or perform, or in any way exploit in  any format whatsoever any of the Site content or intellectual property, in whole or in part  without our prior written consent. We reserve the right to immediately remove you from  the Site, without refund, if you are caught violating this intellectual property policy. 

LIMITATION OF LIABILITY  

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR  DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE,  EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE  SITE OR SERVICE. ADDITIONALLY, Yellowbirdie Wellness IS NOT LIABLE FOR  DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR,  OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT,  DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR  SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS,  SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF,  DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF  YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE,  GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER  SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER  THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE  Yellowbirdie Wellness HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD  HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE  EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY  IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO  EVENT SHALL YELLOWBIRDIE WELLNESS CUMULATIVE LIABILITY TO YOU  EXCEED $100. 

THIRD PARTY RESOURCES  

The Site may contain links to third-party websites and resources. You acknowledge and  agree that we are not responsible or liable for the availability, accuracy, content or policies  of third party websites or resources. Links to such websites or resources do not imply any  endorsement by or affiliation with the Company. You acknowledge sole responsibility for  and assume all risk arising from your use of any such websites or resources.  

INDEMNIFICATION 

You shall indemnify and hold us harmless from and against any and all losses, damages,  settlements, liabilities, costs, charges, assessments and expenses, as well as third party  claims and causes of action, including, without limitation, attorneys’ fees, arising out of  any breach by you of any of these Terms of Service, or any use by you of the Site. You  shall provide us with such assistance, without charge, as we may request in connection  with any such defense, including, without limitation, providing us with such information,  documents, records and reasonable access to you, as we deem necessary. You shall not  settle any third party claim or waive any defense without our prior written consent.  

RELEASE OF CLAIMS 

In no event will the Company be liable to any party for any type of direct, indirect, special,  incidental, or consequential damages for any use of or reliance on our Site or its  Content. You hereby release the Company from any and all claims including those  related to personal or business interruptions, misapplication or information, or any other  loss, condition, or issue.  

ONLINE COMMERCE  

Certain sections of the Site or its Content may allow you to make purchases from us or  from other merchants. If you make a purchase from us on or through our Website or its  Content, all information obtained during your purchase or transaction and all of the  information that you give as part of the transaction, such as your name, address, method  of payment, credit card number, and billing information, may be collected by both us, the  merchant, and our payment processing company.  

Your participation, correspondence or business dealings with any affiliate, individual or  company found on or through our Website, all purchase terms, conditions,  representations or warranties associated with payment, refunds, and/or delivery related  to your purchase, are solely between you and the merchant. You agree that we shall not  be responsible or liable for any loss, damage, refunds, or other matters of any sort that  incurred as the result of such dealings with a merchant. 

We have no responsibility or liability for these independent policies of the payment  processing companies and Merchants. In addition, when you make certain purchases  through our Site or its Content, you may be subject to the additional terms and conditions  of a payment processing company, Merchant or us that specifically apply to your  purchase. For more information regarding a Merchant and its terms and conditions that  may apply, visit that merchant’s Website and click on its information links or contact the  Merchant directly.  You release us, our affiliates, our payment processing company, and merchants from any  damages that you incur, and agree not to assert any claims against us or them, arising  from your purchase through or use of our Website or its Content.  

GOVERNING LAW; VENUE; MEDIATION  

This Agreement shall be governed by and construed in accordance with the laws of the  State of ILLINOIS within UNITED STATES OF AMERICA, regardless of the conflict of  laws principles thereof.  If a dispute is not resolved first by good-faith negotiation between the parties to this  Agreement, any controversy or dispute to this Agreement will be submitted to the  American Arbitration Association. The arbitration shall occur within ninety (90) days from  the date of the initial arbitration demand and shall take place in CHICAGO, ILLINOIS or  via telephone. The Parties shall cooperate in exchanging and expediting discovery as  part of the arbitration process and shall cooperate with each other to ensure that the  arbitration process is completed within the ninety (90) day period. The written decision of  the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will  be absolutely binding and conclusive and not subject to judicial review, and may be  entered and enforced in any court of proper jurisdiction, either as a judgment of law or  decree in equity, as circumstances may indicate.  Commented [18]: For non-US, insert International  Court of Arbitration (ICC). Commented [19]: For non-US, insert Capital of  State/Territory

SEVERABILITY  

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or  court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the  Agreement shall remain in full force and affect and shall in no way be affected, impaired,  or invalidated.  

ASSIGNMENT  

These Terms of Service bind and inure to the benefit of the parties’ successors and  assigns. These Terms of Service are not assignable, delegable or otherwise transferable  by you. Any transfer, assignment or delegation by you is invalid.  

ENTIRE AGREEMENT; WAIVER; HEADINGS  

This Agreement constitutes the entire agreement between you and YELLOWBIRDIE  WELLNESS pertaining to the Site and Service and supersedes all prior and  contemporaneous agreements, representations, and understandings between us. No  waiver of any of the provisions of this Agreement by YELLOWBIRDIE WELLNESS shall  be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor  shall any waiver constitute a continuing waiver. No waiver shall be binding unless  executed in writing by YELLOWBIRDIE WELLNESS. The subject headings of this  Agreement are included for convenience only and shall not affect the construction or  interpretation of any of its provisions.  If you have any questions or concerns regarding these Terms of Service, please email:  [email protected].