TERMS AND CONDITIONS

Last Revised: July, 2022

 

Please read these Terms and Conditions carefully, as they contain important information about your legal rights, remedies, and obligations concerning the use of our web pages, products and services (hereinafter referred to as “Services”) accessible at www.stressoutnow.com (hereinafter referred to as “Website”). These Terms and Conditions (hereinafter referred to as “Terms”) constitute a legally binding agreement between you (hereinafter referred to as “you”, “your” or “user”) and Niway Ent Inc., having it registered address at 454 W 1500 N, Cedar City, UT 84721, United States, with company registration number 12909408 (hereinafter referred to as “Company”, “we” or “us”), as the owner of the Website.

If you do not agree to be bound by this Agreement, stop to use this Website. Compliance with laws and regulations which apply to you is your responsibility.

YOUR ACCEPTANCE OF TERMS

By using or accessing this Website you accept the following terms: the Terms, as set forth below, our Privacy Policy, and any other Сompany’s terms as may be specified on the Website. If you do not agree with each and all of these terms, do not use the Website as they are expressly required for any such use.

If you use the Website on behalf of a company, organization, or other entity, then:

– “you” includes you and that entity;

– you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and that you agree to this Agreement on the entity’s behalf.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without our express written permission.

ELIGIBILITY

You can have access to and use this Website only if you meet the next requirements:

  • you are 18 (eighteen) years old or older;
  • you can form a binding contract with Company;
  • you will comply with these Terms, our Privacy Policy, any other Сompany’s terms as may be specified on the Website, and all applicable local, state, national and international laws, rules, and regulations.

The Website and any Services available on or via the Website are intended solely for individuals who are 18 (eighteen) years old or older according to laws, rules, and regulations of your jurisdiction. If you are not yet 18 (eighteen) or are accessing this Website from any country where this material is prohibited, please exit now as you do not have proper authorization and your continued use of the Website will be in violation of these Terms.

OUR SERVICES

We provide access to various Health and Lifestyle Services, including other supplementary Services, on our Website. There you can use diverse Service options which are divided into
free-of-charge options and options which require payment before they can be accessed (hereinafter referred to as “Paid Subscription“). Also you can be offered with a special promotional plans, memberships, or services (hereinafter referred to as “Trial“).

 

YOUR ACCOUNT

In order to use the Services, you may be required to create an account to access and use certain features. You must provide accurate, current, and complete information during the registration process and keep your account up-to-date at all times. We reserve the right to disallow the use of usernames that are inappropriate, infringe third parties` intellectual rights, or attempt to impersonate another user. You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services.

You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Company, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

If there is any unauthorized access or use of your account or password, or any other breach of security, you should immediately notify us about it.

We reserve the right to disable your user account at any time, including if:

  • you have failed to comply with any of the provisions of these Terms;
  • activities occur on your account which, in the sole discretion of the Company, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.

PAID SUBSCRIPTIONS

Some parts of the Services are available under the Paid Subscription. Upon your request, you may be billed in advance on a recurring and periodic basis, depending on the type of subscription plan you select when purchasing a Paid Subscription.

 

To the maximum extent permitted by applicable laws, we may change the Paid Subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the website and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new fees for the Paid Subscription, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Service.

By signing up for certain Paid Subscriptions, you agree that your Paid Subscription may be automatically renewed. Unless you cancel your Paid Subscription you authorize us to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Service.

You authorize us to charge your credit card or bank account for all fees payable during the Paid Subscription term. You further authorize us to use a third party to process payments and consent to the disclosure of your payment information to such a third party.

You shall keep your contact information, billing information, and credit card information (where applicable) up to date. Changes may be made on your billing page within your account.

 

TRIAL

The Trial provides you access to the Service for a period of time and under provisions predicted when you sign up for the offer. Unless you cancel before the end of the Trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. It is ultimately your responsibility to know when the Trial will end. We reserve the right, in our absolute discretion, to modify or terminate any trial offer, your access to the Service during the Trial, or any of these terms without notice and with no liability.

In general, we offer a trial period up to day(s) for $1.00 and monthly renewal packages for ($59.99).

If you cancel the Services before the end of the trial period, all your rights to any remaining trial period will be waived, and you will not be eligible to participate in any further Trials, except as allowed by Company in its sole discretion.

USE OF THE SERVICE BY YOU

By accessing or using this Website you agree that:

  • the Service shall be used for lawful purposes only and you will not use any obscene, indecent, or offensive language, or place on the Service any material that infringes in any way the rights of others or is false, defamatory, abusive, harassing or hateful;
  • you may not place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation;
  • the Company grants you a revocable, non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services for non-commercial purposes in compliance with these Terms;
  • upon registration with the Service to provide the Service with accurate and complete name and e-mail address information, and to promptly update this information from time to time as needed.
 

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, or create derivative works of such material and content for commercial purposes.

By accessing or using this Website you acknowledge that:

– the Company has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service;

– linking to any other service or site from this Service is at your sole risk;

– your failure to follow the rules set forth in this Terms may subject you to liability predicted by legislation.

ERRORS, INACCURACIES AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law.

PROHIBITED USAGE

You agree that you will not:

  • use this Website for any purpose in violation of local, state, national, or international laws;
  • use this Website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
  • use this Website as a means to distribute advertising or other unsolicited material to any third party;
  • attempt to disable, “hack,” or otherwise interfere with the proper functioning of this Website;
  • accessing data not intended for Website users or logging onto a server or an account which Website users are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
  • accessing or using the Website or any portion thereof without authorization, in violation of these Terms or in violation of applicable law;
  • use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website;
  • infringe upon or violate our intellectual property rights or the intellectual property rights of others.
 

SUBMISSIONS

You are solely liable for all your content. By delivering your content to the Website you represent and warrant that you are the legal holder of the rights on that content and you are competent to grant us the license to use your content. You are responsible for ensuring that content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of content to this Website.

By making available your feedback and profile information on the Website you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit such content in any manner. The rights you grant us are only for the limited purpose of the provision, offering, and improving our Services.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

If you believe that any content on the Website violates your intellectual property rights, please notify us by [email protected].

 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all content on this Website, including but not limited to, the artwork, text, graphics, photographs, videos, sounds, visual interfaces, graphics, design, logos, trademarks, service marks, trade dress, content, compilation, algorithms, computer code, products, software, patents, know-how, documents, and other material contained or presented on or through the Service, and any combination thereof are proprietary to us or to third parties.

The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.

You agree, represent, and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

You agree that you have no authority to use, copy, reproduce, republish, upload, post, display, transmit, or frame the content of the Website, including Company’s trademarks and copyrighted materials, for any purpose other than those expressly specified by these Terms.

PRIVACY POLICY

Our collection and use of personal information in connection with your access to and use of the Services or the Website is described in our Privacy Policy.

LINKS TO THIRD PARTY WEBSITES

The Website may incorporate links to other sites and servers operated by parties independent from Company.  Such links are provided for your reference only. We do not control such sites and are not responsible for their content. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party website or its content.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

 

INDEMNIFICATION

You agree to release, defend, indemnify, and hold Company and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

 

MODIFICATION

We always provide the updated Terms and Conditions on this page.

We reserve the right to change, update or replace, at our sole discretion, any part of these Terms by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes.

If you continue to use our Website or the Service following the posting of any changes to these Terms, it will constitute acceptance of those changes to the Terms.

TERMINATION

These Terms are effective unless terminated by you or the Company.

You may terminate these Terms at any time:

– by notifying us that you no longer wish to use our Services;

– when you cease using our Website.

You can cancel the Trial or the Paid Subscription at any time. The cancellation of the Trial or the Paid Subscription will go into effect at the end of your current billing cycle, and you will have the same level of access to the Trial or the Paid Subscription through the remainder of such billing cycle. There are no refunds for termination or cancellation of your Trial or Paid Subscription. If you no longer wish to subscribe to the Trial or the Paid Subscription, it is your responsibility to cancel your Trial or Paid Subscription in due time, regardless of whether or not you actively use the Trial or the Paid Subscription.

We may terminate or suspend your account and access to Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

SEVERABILITY

If any provision of this Terms or portion thereof shall be declared invalid for any reason, the invalid provision or portion thereof shall be deemed omitted and the remaining terms shall be given full force and effect.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other operating rules posted by us on this Website are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

You acknowledge that you are using the Website and the Services at your own risk. The Service is provided “as is” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not represent or warrant that access to the service will be uninterrupted or that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted on the service.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

Under no circumstances shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so our liability shall be limited to the maximum extent permitted by law.

GOVERNING LAW

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of The United States of America applicable to contracts to be wholly performed therein.

If a dispute of any kind whatsoever arises between the Company and the User, in connection with, or arising out of this Terms, the Privacy Policy, and any other operating rules posted by us on this Website, the Company and the User shall, in the first place, seek to resolve the dispute amicably between them.

 

OUR CONTACT INFORMATION

In case you have any questions, complaints, or claims concerning these Terms, don’t hesitate to contact us via:

E-mail: [email protected]

Post: 454 W 1500 N, Cedar City, UT 84721, United States