TERMS AND CONDITIONS
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
The following terms (“Terms of Use”) constitute an agreement between Alexia Hogan d/b/a Faith Over Anxiety (“Faith Over Anxiety”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Faith Over Anxiety (the “Website”), located at www.faithoveranxiety.com.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Faith Over Anxiety reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made.
PURCHASE POLICIES
On the Website, you may purchase products, such as t-shirts, mugs, journals, or an e-course (“Products”).
Refund Policy
Refunds are not available for Products.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Faith Over Anxiety reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Faith Over Anxiety immediately at info@faithoveranxiety.com. Faith Over Anxiety will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Faith Over Anxiety or other third parties for any losses incurred due to such unauthorized use.
When you create a User Account with Faith Over Anxiety, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Faith Over Anxiety’s sole discretion.
Faith Over Anxiety may disable your username and password at its sole discretion, refuse to register a user for the Products, remove or edit any content contributed to the Website or cancel any User Account. Faith Over Anxiety may, without notice, refuse access to its Website or Products, in whole or part, to any person that fails to comply with these Terms of Use.
Faith Over Anxiety reserves the right to modify methods for registration and access levels of registered users from time to time.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without express written consent of the Faith Over Anxiety. All inquiries for use of Faith Over Anxiety intellectual property must be submitted to info@faithoveranxiety.com. Faith Over Anxiety reserves the right to seek equitable and compensatory relief for any violation of this term.
GENERAL DISCLAIMER
Faith Over Anxiety has made every effort to ensure that all information on the Website has been tested for accuracy. Faith Over Anxiety makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Faith Over Anxiety.
Faith Over Anxiety disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Faith Over Anxiety assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
MEDICAL INFORMATION DISCLAIMER
From time to time, the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided “as is” without any representations or warranties, express or implied.
You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website. All medical information on the Website is for informational purposes only.
MENTAL HEALTH DISCLAIMER
All information regarding mental health provided on the Website is intended to be used for informational purposes only. Use of the Website does not form any relationship between you and Alexia Hogan, including a therapist-patient relationship. Although content on the Website may discuss therapeutic and/or mental health issues, the Website does not provide any type of therapy and/or mental health services. The Website does not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.
From time to time, the Website may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.
HOLISTIC HEALING INFORMATION DISCLAIMER
All information provided regarding holistic healing on the Website is intended to be used for informational purposes only. Content related to holistic healing is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before implementing any information provided on the Website, you should seek advice from a licensed medical professional.
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the holistic healing information available on the Website.
NUTRITION DISCLAIMER
All information provided regarding nutrition on the Website is intended to be used for informational purposes only. Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available on the Website, you should seek advice from a licensed professional
We are not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available on the Website.
The Food and Drug Administration has not evaluated the statements contained in any information on the Website. Individual results may vary.
YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Faith Over Anxiety makes no representations, warranties or guarantees. You understand that results may vary from person to person. Faith Over Anxiety assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Faith Over Anxiety owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Faith Over Anxiety’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Faith Over Anxiety.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Faith Over Anxiety’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Faith Over Anxiety’s express written permission.
INTELLECTUAL PROPERTY
All original materials provided by Faith Over Anxiety are owned by Faith Over Anxiety. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Faith Over Anxiety’s intellectual property. All intellectual property remains the property of Faith Over Anxiety. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Faith Over Anxiety will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website constitute Faith Over Anxiety’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Faith Over Anxiety IP”). You are not authorized to use any Faith Over Anxiety IP without Faith Over Anxiety’s express consent. Ownership of Faith Over Anxiety IP remains with Faith Over Anxiety and You agree not to make any claims or assertions of any other party’s ownership of Faith Over Anxiety IP.
“Faith Over Anxiety” is a trademark of Faith Over Anxiety and is protected by United States trademark law. Faith Over Anxiety’s trademarks and trade dress may not be used in connection with any product or service that is not Faith Over Anxiety’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Faith Over Anxiety.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Faith Over Anxiety may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Faith Over Anxiety shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Faith Over Anxiety or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Faith Over Anxiety’s trademarks and trade dress may not be used in connection with any product or service that is not Faith Over Anxiety’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Faith Over Anxiety, www.faithoveranxiety.com, or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to Faith Over Anxiety’s services. These trademarks are the respective property of their owners.
FTC DISCLOSURE
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Faith Over Anxiety to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Faith Over Anxiety gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Faith Over Anxiety is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for site to earn advertising fees by advertising and links to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
GRANT OF RIGHTS
You grant Faith Over Anxiety a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Faith Over Anxiety the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website, you represent that you have the right to grant these permissions for use of such content by Website, Faith Over Anxiety and Faith Over Anxiety’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Faith Over Anxiety or a third party.
Faith Over Anxiety reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Faith Over Anxiety’s servers; or, (iii) hosted or published on the Website. Faith Over Anxiety takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Faith Over Anxiety’s rights under the Terms of Use, Faith Over Anxiety does not undertake to monitor the submission of all content to, or the publication of such content on, the Website and is not responsible for such content.
COMMENT POLICY
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or Faith Over Anxiety;
- spam;
- hate speech;
- defamatory to Faith Over Anxiety or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
Faith Over Anxiety’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to info@faithoveranxiety.com and we will remove the image within 24 to 48 hours.
COMMUNICATION
If you send Faith Over Anxiety an email, register to use the Website or provide your email to Faith Over Anxiety in any other way, you consent to receive communications from Faith Over Anxiety electronically. You agree that all legal notices provided via electronic means from Faith Over Anxiety satisfy any requirement for written notice.
THIRD PARTIES
The Website may contain links to third-party websites that are not governed or controlled by Faith Over Anxiety. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Faith Over Anxiety assumes no control or liability over the content of any third-party sites. You expressly hold harmless Faith Over Anxiety from any and all liability related to your use of a third-party website.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. You understand that Faith Over Anxiety does not perform psychological testing or background checks on the individuals who may use the Website or Faith Over Anxiety’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Faith Over Anxiety harmless from any and all liability in any dispute.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at info@faithoveranxiety.com and we will use our best efforts to promptly remove such information from our records.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Faith Over Anxiety makes no representations or warranties in relation to the Website, or the information and materials provided therein.
Faith Over Anxiety makes no warranty the Website will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Faith Over Anxiety is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, FAITH OVER ANXIETY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
INDEMNITY
You agree to defend, indemnify and hold Faith Over Anxiety, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Faith Over Anxiety suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the state of Maryland without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Prince George County, Maryland. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
The Terms of Use may not be assigned by you without Faith Over Anxiety’s prior written consent, however, the Terms of Use may be assigned by Faith Over Anxiety in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by, and the Products sold by Faith Over Anxiety.
The failure of Faith Over Anxiety to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Faith Over Anxiety must be in writing and signed by an authorized representative of the Faith Over Anxiety.
All notices with respect to the Terms of Use must be in writing and may be via email to
info@faithoveranxiety.com for Faith Over Anxiety and to your email address.
Last updated: October 1, 2020.