Poshya Wellness Collective

Effective 7/15/2024

 

The following Terms and Conditions (the Agreement) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with POSHYA WELLNESS COLLECTIVE, also known as PWC, located at 1060 Hogan Lane, Unit 10856, Conway, AR 72034 and our subsidiaries and affiliates, in association with the use of the Poshya Wellness Collective website, which includes Content and its Services, which shall be defined below. By using this website, you agree to fully comply with and be bound by the following Agreement each time you access this website.

 

Legal Definitions

• The terms “us”, “we”, and “our” refer to Poshya Wellness Collective, the owner of this business and Website.
• The term “User” is a collective identifier that refers to either a Visitor or a Member. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services.
• The term “Product” refers to any products we sell or give away.
• The term “Content” collectively refers to all text, information, graphics, design, and data offered through our Website or Services, whether produced by us or our affiliates.

Acceptance of Agreement

 

You accept that this Agreement is between you and Poshya Wellness Collective.

 

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER. 

 

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Poshya Wellness Collective and supersedes all prior and contemporaneous Agreements, understandings, inducements, conditions, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein, express or implied, written or oral, between the parties. However, for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

 

Privacy Notice

 

Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notices on our Website. If you do not accept and agree to be bound by all the terms of this Agreement, including Poshya Wellness Collective’s Privacy Notice, do not use this Website or our Services. 

 

Legal Compliance

 

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.

The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

 

Arbitration and Class Action Waiver

 

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association’s Federal Arbitration Act. Any election to arbitrate, at any time, shall be final and binding on the other party. If either party chooses arbitration, neither party shall have the right to litigate such claim in court or to have a jury trial, except either party may bring its claim in its local small claims court, if permitted by that small claims court rules and if within such court’s jurisdiction. arbitration is different from court, and discovery and appeal rights may also be limited in arbitration.

 

Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party, including as a Plaintiff or Class Member in any purported class or representative proceeding. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to either JAMS Streamlined Arbitration Rules and Procedures or the equivalent. (All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com.) Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.

 

The arbitration will be conducted in Conway, AR, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Conway, AR necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs, including any arbitration filing, administrative, and arbitrator fees in accordance with arbitrator’s rules.

 

Nothing in this Agreement will prevent Poshya Wellness Collective from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

 

Limited License, Intellectual Property, and Equitable Relief

 

Poshya Wellness Collective herein grants you a personal, nonexclusive, nontransferable, revocable right and/or license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

Trademarks and service marks in the forms of words, graphics, and logos used in connection with the Content are common law trademarks or registered trademarks of the Poshya Wellness Collective. Our Website may also contain our service marks or trademarks of our affiliates or other companies in the form of words, graphics, and logos. You are granted no right or license with respect to any of the aforementioned trademarks and/or service marks.

 

You hereby acknowledge and agree that Poshya Wellness Collective’s Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Poshya Wellness Collective or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Poshya Wellness Collective, in whole or part. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Poshya Wellness Collective for use in accessing our Services.

 

You agree that as a user you may have access to Content that is proprietary to Poshya Wellness Collective and/or their licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and Poshya Wellness Collective will prosecute such misconduct to the fullest extent permitted by law. Your membership is solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever, except for use in compliance with this Agreement. You will not use the Content in a manner that constitutes an infringement of Poshya Wellness Collective rights or that has not been authorized in writing by Poshya Wellness Collective. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

 

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Poshya Wellness Collective's sites.

 

To be clear, you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works infringe on any of Poshya Wellness Collective’s intellectual property in any way.

 

You acknowledge and agree that in the event of a breach or threatened violation of Poshya Wellness Collective’s intellectual property rights and confidential and proprietary information by you, Poshya Wellness Collective will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Poshya Wellness Collective may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Arkansas for purposes of any such action by Poshya Wellness Collective.

 

Links 

 

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you cease providing links to our Website immediately upon our request.

 

Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. Poshya Wellness Collective has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

 

AI Policy 

All content on Poshya Wellness Collective is protected by copyright law and the Agreement. This content may not be reproduced, copied, or put into any artificial intelligence program, including large language and generative AI models, without explicit written permission and unanimous consent from Poshya Wellness Collective's owners.

Payments, Refunds, and Coupons/Discount Codes

 

You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

 

We do not offer any refunds under any circumstances.

 

Poshya Wellness Collective offers coupons and/or discount codes. Poshya Wellness Collective will not retroactively apply these coupons or codes, nor will Poshya Wellness Collective adjust the price of a product after payment has already been made. Poshya Wellness Collective has a strict no price adjustment policy. 

 

Errors, Corrections, and Changes

 

We do not represent or otherwise warrant that our Website will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable. 

 

Poshya Wellness Collective reserves the right at our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.

 

We also reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.

 

Warranty Disclaimer 

 

Poshya Wellness Collective is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services. Poshya Wellness Collective is not responsible for the online or offline conduct of any User of our Website or Services. 

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Poshya Wellness Collective assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of communications.  

 

Poshya Wellness Collective is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to any person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services. 

 

Under no circumstances will Poshya Wellness Collective be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline. 

 

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services. 

 

THE INFORMATION, CONTENT, AND DOCUMENTS, THE WEBSITE, AND ANY/ALL MATERIALS PROVIDED BY POSHYA WELLNESS COLLECTIVE FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ON AN ‘AS AVAILABLE’ BASIS, WITH ‘ALL FAULTS’. WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND ANY WARRANTIES WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

• POSHYA WELLNESS COLLECTIVE, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES.
• POSHYA WELLNESS COLLECTIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE.
• POSHYA WELLNESS COLLECTIVE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES.
• ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. 
• POSHYA WELLNESS COLLECTIVE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

Without limiting the foregoing, you understand and agree that you download or otherwise obtain content and related software from or through our website or services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data, or other harm of any kind that may result. The negation and limitation of damages set forth above are fundamental elements of the basis of the contract between you and Poshya Wellness Collective.

 

Limitation of Liability

 

In no event will Poshya Wellness Collective or its directors, employees, agents, or affiliates be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of our website, content, services, or any related software accessed through or downloaded from our website or services, even if Poshya Wellness Collective is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Poshya Wellness Collective liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for website and/or services accessed during the previous month prior to the event giving rise to liability.

 

Indemnification, Severability, and Survival

 

You agree to indemnify, defend, and hold harmless Poshya Wellness Collective, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, partners, agents, subcontractors, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, assigns, and successors against any and all liabilities and expense whatsoever, including, without limitation, liability, loss, expenses, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your violation of this Agreement and/or your use of our Website or Services.

 

This Agreement was entered into at arm's-length, without duress or coercion. Both the Participant and Poshya Wellness Collective agree that this Agreement is clear and unambiguous, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

 

In the event any term of this Agreement is found by any court to be void, invalid, or otherwise unenforceable, that portion will be construed consisted with the applicable law and the remaining terms of this Agreement will remain valid, in effect and enforceable.

 

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision.

 

This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise.

 

Our rights under this Agreement will survive any termination of this Agreement. Your obligations to Poshya Wellness Collective under this Agreement will survive expiration or termination of this Agreement for any reason.

 

Disclaimer 

 

You hereby acknowledge that nothing contained in our Website or on social media platforms will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Poshya Wellness Collective. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

 

Content presented on this website or otherwise is not a substitute for professional medical advice, diagnosis, or treatment or a professional therapeutic relationship. Content presented is intended to provide general information for educational purposes only. It should not be used as a substitute for medical, physical, or psychiatric advice, cannot diagnose or treat any medical or psychiatric condition, and does not replace care from your physician.

 

You should not rely on content presented on this website or any program offered on this website for diagnosis or treatment of any health condition. We are not your healthcare professionals or providers. Always consult a healthcare professional if you suspect you require medical or psychiatric treatment. If you believe or suspect you are experiencing an emergency, call your local emergency services immediately.

 

Advertisers

 

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Poshya Wellness Collective shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website. 

 

Notices

 

Poshya Wellness Collective may furnish you with notices, including those with regards to any changes to the Terms and Conditions , including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms and Conditions by accessing our Services in an unauthorized manner. Your acceptance of this Terms and Conditions constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. 

 

Entire Agreement

 

This Agreement constitutes the entire agreement between you and Poshya Wellness Collective and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Poshya Wellness Collective Services and Content. You may also be subject to additional terms and conditions that may apply when you use or purchase Poshya Wellness Collective Content, Services, affiliate Services, third-party content or third-party software. 

 

 

Third-Party Beneficiaries  

 

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement. 

 

Governing Law and Jurisdiction

 

This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of Arkansas, United States of America, without regard to the conflict of laws principles and provisions thereof. This Agreement will be treated as if it were executed and performed in Conway, Arkansas. The Parties agree that personal jurisdiction shall exist in Arkansas and that the State of Arkansas shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Faulkner County, Arkansas, USA. 

 

 

Statute of Limitations

 

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services, Website, Content, or the Terms and Conditions must be filed within 1 year after said claim or cause of action arose or shall be forever barred. 

 

Violations

 

Please report any and all violations of these Terms and Conditions to Poshya Wellness Collective:

 

Poshya Wellness Collective

1060 Hogan Lane, Unit 10856

Conway, AR 72034

Email: [email protected]