Terms of Use

Terms of Use

Last Modified: May 1, 2018

General. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR MOBILE APPLICATIONS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEBSITE OR MOBILE APPLICATIONS.

Nancy Flew, LLC is a California limited liability company that provides vibrational therapy and spiritual coaching and education under the name Nancy Flew, LLC. These terms and conditions of use (“Terms and Conditions”) apply to your access to, and use of, the websites or mobile applications of Nancy Flew (“Nancy Flew” “we” or “our”), located at https://www.nancyflew.com and any other sites or mobile applications operated by Nancy Flew which links to these Terms and Conditions (the “Websites”). These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Nancy Flew, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Websites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms and Conditions on such entity’s behalf, and that such entity agrees to be responsible to Nancy Flew for any violations of these Terms and Conditions.

Nancy Flew reserves the right to change or modify any of these Terms and Conditions or any policy or guideline of the Websites, at any time and in its sole discretion.  If Nancy Flew makes changes to these Terms and Conditions, we will provide notice of such changes, such as by posting a notice on the Websites or updating the “Last Modified” date above.  Your continued use of our Websites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and Conditions and applicable policies whenever you access the Websites and at least every 30 days to make sure that you understand the terms and conditions that will apply to you and your use of the Websites. If you do not agree to the amended terms, you must stop using the Websites.

Privacy Policy. Please refer to our Privacy Policy for information on how Nancy Flew collects, uses and discloses information from its users.

Disclaimer.  Please refer to our Disclaimer for information related to our disclaimers, including a statement advising you not to rely on any material or information contained herein as or in lieu of medical advice.

Return and Refund Policy.  In accordance with the requirements of California Business & Professions Code §17538, Nancy Flew provides all clients with a full disclosure of the return and refund policy in a separate written agreement prior to accepting any debit or credit charge from a customer.

Copyright Notice. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web page are ©2018 Nancy Flew. All rights reserved. Permission is granted to download and print materials from this website for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Nancy Flew, is strictly prohibited.

Policy Concerning Infringement Claims and Repeat Infringers. Nancy Flew will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its websites or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Under appropriate circumstances, Nancy Flew will act expeditiously to remove or disable access to the material that is claimed to be infringing or claimed to be the subject of infringing activity. Nancy Flew will, following appropriate investigation, terminate or disable access by repeat infringers. Claims of alleged copyright or other intellectual property infringement must be in writing and directed to Nancy Flew’s designated agent. Contact information is available by referencing Nancy Flew’s Interim Designation of Agent to Receive Notification of Claimed Infringement.

Copyright and Limited License. Unless otherwise indicated in the Websites, the Websites and all content and other materials on the Websites, including, without limitation, the Nancy Flew logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Nancy Flew or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Websites and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only.  Such license is subject to these Terms and Conditions and does not include: (a) any resale or commercial use of the Websites or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Websites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Websites, the Site Materials or any information contained therein, except as expressly permitted on the Websites; or (f) any use of the Websites or the Site Materials other than for its intended purpose.

Any use of the Websites or the Site Materials other than as specifically authorized herein, without the prior written permission of Nancy Flew, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights. This license is revocable at any time.

Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Nancy Flew has adopted a policy of terminating, in appropriate circumstances and at Nancy Flew’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Nancy Flew may also at its sole discretion limit access to the Websites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints. If you believe that anything on the Websites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Nancy F. Lew

Full Address of Designated Agent to Which Notification Should be Sent: 340 S. Lemon Avenue, #583, Walnut, California 91789

Telephone number of Designated Agent (916) 304-3466.

E-Mail Address of Designated Agent: fly@nancyflew.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by Nancy Flew or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Trademarks. Nancy Flew, the phrases “Our Vibration is Our Legacy” and “Revitalize. Harmonize. Realize.”, the Nancy Flew logo and any other product or service name or slogan contained in the Websites are trademarks of Nancy Flew and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nancy Flew or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Nancy Flew” or any other name, trademark or product or service name of Nancy Flew without our prior written permission. In addition, the look and feel of the Websites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nancy Flew and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Websites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Nancy Flew.

Hyperlinks. You are granted a limited, non-exclusive right to create a text hyperlink to the Websites for noncommercial purposes, provided such link does not portray Nancy Flew or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Nancy Flew logo or other proprietary graphic of Nancy Flew to link to this Websites without the express written permission of Nancy Flew. Further, you may not use, frame or utilize framing techniques to enclose any Nancy Flew trademark, logo or other proprietary information, including the images found at the Websites, the content of any text or the layout/design of any page or form contained on a page on the Websites without Nancy Flew’s express written consent. Except as noted above, you are not conveyed any right or license in or under any patent, trademark, copyright or proprietary right of Nancy Flew or any third party.

Nancy Flew makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Websites, or websites linking to the Websites. Such sites are not under the control of Nancy Flew and Nancy Flew is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Nancy Flew provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Nancy Flew of any site or any information contained therein. When you leave the Websites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Websites.

Third-Party Content. Nancy Flew may provide third party content on the Websites and may provide links to webpages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. Nancy Flew does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. By using the Websites, you acknowledge and agree that Nancy Flew is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Third-Party Products and Services. Nancy Flew may provide or allow users to provide information about or links to third-party products or services on the Websites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Nancy Flew is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Nancy Flew advertisers or third party information on the Websites.

Feedback. You acknowledge and agree that any questions, comments, suggestions, feedback, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Websites, Nancy Flew or Nancy Flew’s general products or services (but excluding any client information) (the “Feedback”) that are provided by you in the form of email or other submissions to Nancy Flew, or any postings on the Websites, are (as between you and Nancy Flew) non-confidential and shall become the sole property of Nancy Flew. Nancy Flew shall own, and you hereby assign to Nancy Flew, all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Content and Interactive Services or Areas. The Websites may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms or message boards, online hosting or storage services, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Websites (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk.  By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Websites any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Unsolicited promotions, political campaigning, advertising or solicitations;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of Nancy Flew, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Websites, or which may expose Nancy Flew or its users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while on the Websites, and you agree that you will not do any of the following in connection with the Site or its users:

  • Use the Site or the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Cheat or utilize unauthorized exploits in connection with the Service;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send any unsolicited commercial messages;
  • Use the Site or the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use; or
  • Circumvent or attempt to circumvent any filtering, security measures or other features Nancy Flew may from time to time adopt to protect the Websites, its users or third parties.

Nancy Flew takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Nancy Flew liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms and Conditions is solely at Nancy Flew’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Websites will not contain any content that is prohibited by such rules. As a provider of interactive services, Nancy Flew is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Nancy Flew has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Nancy Flew reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Websites at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Websites at your sole cost and expense. Any use of the Interactive Areas or other portions of the Websites in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Websites.

If you post User Content to the Websites, unless we indicate otherwise, you grant Nancy Flew and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media [on or in connection with the Websites and the promotion thereof] [including without limitation the right to use your name, likeness, voice or identity]. You grant Nancy Flew and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You understand and agree that the use of your or other users name, likeness, voice or identity in connection with various features on the Websites does not imply any endorsement of such feature or of the Websites of Nancy Flew unless explicitly stated otherwise. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Websites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity.

Registration Data; Account Security. In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Nancy Flew, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Nancy Flew.

Indemnification. You agree to defend, indemnify and hold harmless Nancy Flew, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Websites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against Nancy Flew and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.

Limitation of Liability. In no event shall Nancy Flew, its directors, shareholders, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, 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 of or inability to use the sites, the services, the content or the materials contained in or accessed through the sites, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Nancy Flew, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Nancy Flew’s records, programs or services. In no event shall the aggregate liability of Nancy Flew, 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 or inability to use the sites or the services or to these site terms exceed any compensation you pay, if any, to Nancy Flew for access to or use of the sites.

Modifications to the Websites. Nancy Flew reserves the right to change any and all content contained in the Websites and to modify, suspend or discontinue the Websites or any Services offered through the Websites or any features or functionality of the Websites or the Services at any time without notice and without obligation or liability to you.

Applicable Law and Venue. These Terms and Conditions and your use of the Websites shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state and federal courts located in Sacramento County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.

Termination. Notwithstanding any of these Terms and Conditions, Nancy Flew reserves the right, without notice and in its sole discretion, to terminate your license to use the Websites, and to block or prevent future your access to and use of the Websites.

Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Questions | Contact Information. Questions or comments about the Site may be directed to Office Manager, via email fly@nancyflew.com.