Terms & Conditions

Date Effective: August, 2018

TERMS OF USE

Welcome to Wholetones! Wholetones, Inc. and its affiliates (“Wholetones,” “we,” “us,” “our”) provide products and services to you when you visit our websites at Wholetones.com and WholetonesMusic.com or mobile applications (each is the “site”) or purchase or use any Wholetones products, services, or software (collectively, the "Service"). Wholetones provides the Service subject to the following conditions (“Terms”), which may be changed at any time without notice to you by posting new Terms on the site.

BY USING THE SERVICE, YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY.


If you do not agree to this, please do not use the Service.

You acknowledge receipt and adequacy of consideration supporting these Terms, including but not limited to your use of the Service and receipt of products, materials, and information available in connection with the Service, the use or display of User Submissions (as defined below) and any related publicity and promotion.

Additional terms may apply to some aspects of the Service, like affiliate programs, downloadable software, contests, sweepstakes, social media, or other features or activities. These special terms are posted in connection with the applicable service or product offering. Any such terms (“Additional Terms”) are in addition to these Terms, and any conflicting provisions in Additional Terms will prevail over these Terms. Note that if you find our content on another person’s/organization’s website, such as social media or affiliate pages, such other person’s/organization’s terms of services will be considered “Additional Terms” since we don’t control them.
This site is directed to persons 13 years of age and older; if you are under 13, you may use the Service only with involvement of a parent or guardian.

Your License to Use the Service


Wholetones grants you permission to use the Service and text, software, scripts, graphics, photos, sounds, music, videos, audiovisual works, interactive features, phonorecords, digital files, and other materials (collectively, “Content”) you may view on, access through, acquire through purchase or otherwise or contribute to the Service as set forth in these Terms, provided that you agree:
  • Not to access Content through any means other than that authorized by Wholetones.
  • Not to distribute, copy, remix, translate, edit/cut-down, or play in a public space any music or sound recordings acquired from Wholetones without obtaining consent from Wholetones’ licensee, Michael Tyrrell Music LLC (contact [email protected]).
  • Not to use the Service in a way that could harm Wholetones or any third person. For example, that could:
  • Intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
  • Give you access to the Service or Content using any interface other than the interface we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Service using that program;
  • Frame the Service, display any Content in connection with an unauthorized logo or trademark, or do anything that could falsely suggest a relationship between us and you or any other person or cause;
  • Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
  • Otherwise adversely impact operation of the Service, Wholetones, or any third person.
  • Unless you receive prior written consent from Wholetones, not to:
  • Modify, reproduce, distribute, transmit, perform, broadcast, publish, sublicense, reverse engineer, transfer, sell, or create derivative works based on the Service or Content.
  • Use the Service for commercial purpose other than participation in a Wholetones affiliate program.
  • Modify or use the Content, a Wholetones trademark, or the persona of Michael Tyrrell in a manner that falsely suggests an association with our products, services, or brands.
  • Remove or modify any copyright, trademark, or other proprietary notice of Wholetones.

This license does not transfer ownership of the Software to you or give you the right to copy, reproduce, distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. If you install certain applications that may be available via the Service, you consent to the download of Software to your Internet Device and accept these Terms and any Additional Terms related to such application.

We reserve all rights in the Content and the Service that we do not specifically grant in these Terms. In addition to our other legal rights, we may limit or terminate your license to use the Service, or certain features of the Service, at any time and for any reason, without prior notice to you.

Copyright & Trademark Information


The Wholetones company name, logos, slogans, product names, package photos and product images are copyrights and/or trademarks of Wholetones and cannot be reproduced without permission.  Please contact us at [email protected] to request permission to use any Wholetones music, name, logo, or image for any purpose.

We respect the intellectual property rights of others. If you believe that Content on the Service violates your copyright, please send us a notice using the following contact information:

Wholetones, Inc.
Attention: Legal
Email: [email protected]
Telephone: 1-888-866-3740
Fax:  844-364-1384
This contact information is only for notices of copyright infringement submitted pursuant to section 512(c)(3)(A) of Title 17 of the US Code. Contact information for other matters is listed at the end of these Terms.

Your Account


Certain Content or Service features may not be available unless you register for an account with us. If you register, you must complete the applicable form to create a unique username and password. You agree to: (a) provide true, accurate, current, and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current, and complete to the extent the Service permit such updates; (c) use limited-access portions of the Service only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Service.

You must maintain the confidentiality of any access credentials issued to you and may not share them with any other person. You must notify Wholetones immediately of any unauthorized use of your credentials or any other breach of security. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.

Wholetones reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. People under 13 may not establish an account without his/her parent’s or guardian’s prior written consent in accordance with COPPA and CalOPPA regulations; we reserve the right to delete any noncompliant account without notice to the child.

Privacy


Our Privacy Policy describes our practices with regard to personal information that we collect through the Service. The Privacy Policy is incorporated into these Terms by reference, and by using the Service you agree to our use of any information that we collect from you in conformance with our Privacy Policy.

No Professional Advice or Medical Information
The Service does not provide medical advice, diagnosis, or treatment; the information included on the Service is offered for informational and entertainment purposes only. Some portions of the Service may allow you to submit questions to us. Although we provide information about our products through the Service, we are not doctors and our employees are not authorized to provide medical or other professional advice through the Service. We also have not confirmed the qualifications of any end user or other third party who provides information through the Service, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Service for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.

Please consult with your physician or other healthcare provider if you have health-related questions before relying on any information you obtain on the Service. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition.

User Submissions


The Service may allow you to submit or distribute text, audio, video, or other materials (collectively, “User Submissions”) to or through the Service. When you provide User Submissions, you grant Wholetones a non-exclusive, fully paid, royalty-free, irrevocable, perpetual, worldwide, transferable (in whole or in part), sub-licensable (through multiple tiers) right to use, transmit, modify, digitize, reproduce, distribute, perform, display, create derivative works based on, incorporate into other works, and otherwise exploit (i) the content of your User Submissions, and (ii) your name, photo, voice, persona, or likeness, either separately or in connection with your User Submissions. This grant of rights shall be throughout the universe in any media, whether now known or later invented, for any purpose, including commercial and marketing purposes, all without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person.

In addition, you grant us the unlimited right to use any ideas, concepts, know-how, or techniques contained in User Submissions for any purpose without attribution or compensation to you. Except as prohibited by law, you waive and agree to waive moral rights of attribution and integrity that you may have in your User Submissions, even if the submission is altered or changed in a manner not acceptable to you. To the extent such rights are not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the rights you have granted us.

Do not provide User Submissions that you want protected from disclosure. Except as otherwise described in the Privacy Policy you agree that: (a) your User Submissions will be treated as non-confidential – regardless of whether you label them “confidential,” “proprietary,” or the like – and will not be returned, and (b) Wholetones does not assume any obligation (such as confidentiality or payment for use) of any kind to you or any third person with respect to your User Submissions. Upon Wholetones’ request, you will provide us with all documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms. You acknowledge that the Service may be subject to breaches of security and that you are aware that User Submissions may not be secure, and you will consider this before submitting User Submissions.

Unsolicited Ideas are deemed User Submissions licensed to us as set forth above. In addition, Wholetones retains all of the rights held by members of the general public with regard to your Unsolicited Ideas. Our receipt of your Unsolicited Ideas is not an admission by us of novelty, priority or originality, and does not impair our right to contest existing or future intellectual property rights relating to your Unsolicited Ideas. Notwithstanding custom or practice to pay an individual for an idea, nothing in these Terms creates a confidential relationship between you and us or an implied or express contract to compensate you for your Unsolicited Ideas.

You represent that your User Submissions will:

  • Be accurate and comply with these Terms;
  • Be your original work or provided to us with all necessary rights from third persons to post the User Submissions on our Service, without the need for any permission from or payment to any other person to exploit, and to authorize us to exploit such User Submissions in any media and in all manners contemplated by these Terms;
  • Not injure any person if used by us in accordance with these Terms;
  • Not include medical or other professional advice;
  • Not be false, deceptive, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, disrespectful, illegal, or otherwise objectionable;
  • Not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
  • Not include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
  • Not contain software viruses, Trojan horses, spyware or any other technologies or malicious code that could impact the operation of the Service or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of “spam”; and
  • Not advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent.

If you discover any User Submission that violates these Terms, you may report it to: [email protected]

We are under no obligation to review, monitor, display, post, store, maintain, accept, or otherwise make use of any User Submissions, however, we may refuse or remove a User Submission without notice for any reason. You agree that you are solely responsible for your User Submissions and that neither we nor our employees or agents will be liable for User Submissions or any loss or damage to you or any other person resulting from User Submissions.

You are solely responsible for your interaction with other users of the Service, whether online or offline. We do not endorse the opinions, advice or recommendations contained in any User Submissions and are not responsible or liable for user conduct or content of any User Submissions. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. We cannot and do not assure that other users are or will be complying with the Terms, and, as between you and us, all risk of harm or injury resulting from any such lack of compliance is assumed by you.

Links to Third Party Sites


The Service may contain links to other sites or services that are not operated by Wholetones. We make no representation that we have endorsed or evaluated the information they provide, unless we so state. These links are provided as a convenience to you; your relationship with the operators of such sites and services is governed by their own terms and conditions and privacy policy, if any, and not by these Terms.

Commercial Transactions


To purchase products or services through the Service, you must: (a) be at least 13 years old, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Service.

We stand behind the products that we sell, and we will post the return policy that applies to purchases from the Service. If you are dissatisfied with a product you have purchased through the Service, your sole remedy will be to contact customer service at 1-855-500-3422 for a refund. After the return period has expired, all sales are final and we will not accept returns or issue refunds.

In offering product descriptions on the Service, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be described in the return policy found on the site from which you ordered the product. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.

Shipping & Product Handling


Please allow up to 3 days’ product handling prior to actual shipping. In the USA, most shipping is via USPS Priority 2-3 day delivery service with tracking and delivery confirmation information.  We are not responsible for a wrong address given at time of order, or for shipments that are lost, stolen, not received, or returned to sender if the USPS tracking system says “Delivered.”  Most larger quantity orders will have mandatory “Signature Required” upon delivery. Tracking number information is automatically emailed to you upon generating the printing of shipping label.

International Orders


By confirming your order for shipment outside the United States, you agree to the additional terms contained in this section.
If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping cost for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment.

Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.
If we decide to allow return of an item that has been rejected because of import or other legal compliance issues, we will refund the purchase price of the merchandise, less any charges we incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to us.

Supply of goods, services, and software through the Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Service, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services, or software through the Service if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria, or Crimea Region of Ukraine, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List or 2) you intend to supply the acquired goods, services, or software to Cuba, Iran, North Korea, Sudan, Syria or Crimea Region of Ukraine (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.

Discounts


Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish, or otherwise share Wholetones coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that a coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected misuse. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupons and promotional codes are not valid on prior purchases.

Electronic Communications


You agree that all notices, disclosures, agreements, policies, emails, and other communications that Wholetones provides to you electronically satisfy any requirement that such communications be in writing.

Disclaimers


Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your use of the Service or any feature at any time. We expressly disclaim all warranties of any kind, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the Service are non-infringing, as well as warranties implied from a course of performance or course of dealing; that access to the Service will be uninterrupted or error-free, that the Service will be secure, that the Service or the servers that make the Service available will be virus-free or otherwise free of harmful components, or that information on the Service will be complete, accurate, or timely. If you download software or materials from the Service, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether verbal or written, obtained by you from us or the Service will create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials or information on the Service in terms of completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.

In certain states, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.

Limitation of Liability


To the extent permitted by applicable law, neither Wholetones, nor our affiliates, suppliers or third party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential, or other damages arising out of or in any way related to: (1) the Service (including use of or delay or inability to use the Service), (2) information, products, or services advertised in or obtained through the Service, or (3) our removal or deletion of any materials submitted or posted on the Service, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.

We each agree that any dispute proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Your only remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the Service and seek a refund of any money you paid to us in the 90 days preceding your initiation of the claim or dispute. Such a refund, in any case, will be governed by the applicable refund policy and the terms of sale specified on the Service or in these Terms.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF SERVICE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification


You agree to indemnify, defend, and hold harmless Wholetones and its officers, directors, employees, contractors, agents, affiliates, licensors, service providers, subcontractors, and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs at all levels, arising from or in connection with your use of the Service or our products or services or any violation or alleged violation by you of these Terms or applicable law. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you; in such event, you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this section or admit any liability on the part of Wholetones without our prior written approval.

Jurisdiction and Venue


The laws of the State of Florida govern these Terms and any dispute of any sort that may arise between you and Wholetones or its affiliates, without regard to conflict of laws rules, as if entered into by residents of Florida and fully performed therein. You irrevocably consent to the jurisdiction of the state and federal courts located in or serving Palm Beach County, Florida for any action relating to the Service or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Service or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

We make no representation that Content or Services is appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

Changes to These Terms of Service


We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Service. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Service following the posting of changes to these terms or other policies means you accept the changes.

Termination & Survival of Terms


These Terms of Service constitute an agreement between you and Wholetones, which Wholetones may terminate in its sole discretion, in whole or in part, at any time and for any reason. If Wholetones terminates this agreement with you, you may no longer access or use the Service. Upon termination of this agreement and/or your access to the Service, you will immediately destroy any copies of any Content, whether in printed or software format. Otherwise applicable portions of these Terms survive termination, including applicable portions of the sections relating to No Professional Advice or Medical Information; User Submissions; Links to Third Party Websites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Jurisdiction and Venue; Termination; and Entire Agreement, Severability, No Waiver.

Entire Agreement; Severability; No Waiver


These Terms, along with the policies and specific service terms incorporated in them by reference or posted in connection with different aspects of the Service, constitute the entire agreement of the parties with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether verbal or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

How to Contact Us
If you have any questions or comments about these Terms or the Service, please contact us by:
Email: [email protected]
Phone: 1-888-866-3740
Mail: 17189 Tangerine Blvd., Loxahatchee, FL 33470

Thank you for using our Service.
Last Updated: 2/28/2018

 

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