Terms of Service

1. Your relationship with Overcome Anxiety Now website.

1.1 Your use of Overcome Anxiety Web site, products, services and web sites (referred to collectively as the “Services” in this document and excluding any goods or services you obtained from Overcome Anxiety under a separate written agreement) is subject to the terms of a legal agreement between you and Overcome Anxiety. "Overcome Anxiety Now" refers to a product distributed by Hearthside Executive Services Inc.

1.2 When purchasing Anxiety Eliminator or Overcome Anxiety you may be billed by Common Sense Consulting.

1.2 Unless a separate written agreement with Overcome Anxiety, or Common Sense Consulting exists, your agreement with us will always include, at a minimum, the terms and conditions set out in this document. These will be referred to as Global Terms.

1.3 Your agreement with us includes the terms of any items, or terms referred to as “Additional Terms”. Where Additional Terms apply to goods or services, they will be available for you to read during or through your use of, that Service.

1.4 The Global Terms, together with the Additional Terms, form a legally binding agreement between you Overcome Anxiety Now, and/or Common Sense Consulting, in regarding the use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to herein as the “Terms”.

1.5 In the event of any contradiction between content or terms of the Additional Terms and the Global Terms, then the Additional Terms shall take precedence in the legal agreement.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. 

2.1.2 You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) Any action you take on the web site such as, but not limited to, clicking on buttons, watching videos, filling in forms, or purchasing products.

(B) Any other actions that could be interpreted as using the goods or Services. In this case, you understand and agree that Overcome Anxiety Now and/or Common Sense Consulting will treat your use of the Services as acceptance of the Terms related to that service.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from using, or benefitting from the Services under the laws of the United States or other countries including the country in which you reside or from which you are currently using the Services.

2.4 Before you continue, you should print off or save a local copy of the Global Terms for your records.

3. Language of the Terms

3.1 This is an English language version of the Terms, therefore you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Overcome Anxiety Now and/or Common Sense Consulting.

3.2 The English language shall be used in all legal advisements and agreements and avenues of recourse.

4. Provision of the Services

4.1 Overcome Anxiety Now has subsidiaries and affiliated legal entities around the world (“Subsidiaries, Nominees, and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Overcome Anxiety. You acknowledge and agree that Subsidiaries, Nominees, and Affiliates will be entitled to provide the Services to you.

4.2 We are constantly innovating in order to increase the quality and effectiveness for our customers and visitors. You acknowledge and agree that the form and nature of the Services we provide may change from time to time without prior notice to you.

4.3 We reserve the right to alter, change, or remove the service without prior notice or consent from you. 

5. Use of the Services by you

5.1 In order to access some of the pages or Services, you may need to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you provide will be accurate, correct and up to date.

5.2 You agree not to access (or attempt to access) any of our Services by any means other than the interface that is provided by through normal use of the various contact interfaces, unless provided through a separate written agreement with us. You specifically agree not to access (or attempt to access) any of our data through any automated means (including use of scripts or web crawlers).

5.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.4 You will not copy, duplicate, reprint, or in any way use the information or service provided by us without express written permission.

5.5 You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

6. Passwords and account security

6.1 You agree and understand that any passwords or access afforded you through purchase or access granted in any other form are solely for your own use and not to be copied, published, distributed, loaned, or in any way made available for anyone other than yourself to use and/or benefit from.

6.2 Accordingly, you agree that you will be solely responsible to Overcome Anxiety Now and/or Common Sense Consulting for all activities that occur under your account.

6.3 If you become aware of any unauthorized use of information we provided to you for your personal use you are required to and agree to immediately contact us at admin@overcome-anxiety-now.com.

7. Privacy and your personal information

7.1 For information about privacy policy concerning any data you provide to us, please read our privacy policy at http://www.overcome-anxiety-now.com/Privacy%20Policy.html. 

7.2 You agree to the use of your data in accordance with our privacy policies.

8. Content in the Services

8.1 You understand that by using the Services provided through our web site(s) you may be exposed to content that does not necessarily agree with your beliefs or expectations. Therefore you agree to use the Services at your own risk.

8.5 You agree that we have no responsibility to you, or to any third party, for any Content that you create, transmit or display while using the Services and accept full responsibility for the consequences of your actions (including any loss or damage which we may suffer) by  so doing.

9. Proprietary rights

9.1 You acknowledge and agree that Anxiety Eliminator, Overcome Anxiety Now, Common Sense Consulting (either severally or collectively) own all legal right, title and interest in and to the Services, including any intellectual property rights which occur in any form whatsoever in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which we have designated as confidential. You shall not wholly disclose, or any part, of such information without our prior written consent.

9.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) contained in any form within the Services.

9.6 In the absence of a written superseding agreement with us, you will not use any trade mark, service mark, trade name, logo or other uniquely identifying icon, avatar, or other such distinguishing feature.

10. Content license from you

10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying content you give Overcome Anxiety Now (and its nominees) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services. 

10.2 You agree that this license includes a right for us to make such Content available to other companies, organizations or individuals with whom we have relationships and to use such Content in connection with the provision of those services.

10.3 You confirm and warrant that you have all the rights, power and authority necessary to grant the above license.

11. Ending your relationship with Overcome Anxiety Now

11.1 The Terms will continue to apply until terminated by either you Overcome Anxiety Now.

11.2 You shall notify us by email at admin@overcome-anxiety-now.com Your notice should be sent, in writing, to the email address provided or at the physical address provided in any email correspondence from us or at the "contact" page on our web site.

11.3 We may at any time, terminate our legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) We are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) We are served with a court order to terminate our relationship with you.

(D) Continuing to provide the service is, in our opinion, no longer commercially viable.

11.4 Nothing in this Section shall affect Our rights concerning provision of Services under Section 4 of this document.

11.5 In the event these Terms come to an end, any legal rights, obligations and liabilities which are expressed to continue indefinitely, shall remain in force despite this cessation, shall continue to apply to such rights, obligations and liabilities indefinitely.

12. EXCLUSION OF WARRANTIES

12.1 SHOULD ANY OF THESE TERMS SEEM TO IMPLY LIABILITY THAT EXCEEDS ANY LAWFUL LIMITATIONS IN YOUR JURISDICTION, OR THE COURT REQUIRED JURISDICTION -- YOU AGREE THAT ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

12.3 IN PARTICULAR, OVERCOME ANXIETY NOW, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.6 OVERCOME ANXIETY NOW FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EXCEPT THOSE WRITTEN AGREEMENTS PROVIDED WITH A PARTICULAR PRODUCT -- SUCH AS A MONEY BACK GUARANTEE.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMMON SENSE CONSULTING, ITS SUBSIDIARIES AND AFFILIATES, AND ITS NOMINEES SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, OR ACCURACY OF ANY ADVERTISING

(II) ANY MEDICAL CLAIMS OR ALLEGED OR ACTUAL INJURY TO HEALTH OR WELL BEING.

(III) FAILURE TO CONSULT A PHYSICIAN DUE TO A NEED FOR MEDICAL REMEDIES.

(III) YOUR FAILURE TO PROVIDE ACCURATE PERSONAL INFORMATION;

(IV) YOUR BELIEF THAT ANY REMEDY THAT WE CLAIM TO PROVIDE WILL PERFORM TO YOUR EXPECTATIONS.

14. Other content

14.1 Our Services may include hyperlinks to other web sites or content or resources. We may have no control over any web sites or resources which are provided by other parties.

14.2 You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any products, other materials on or available from such web sites or resources. Any information provided through links by us will be for your own personal evaluation and education.

14.3 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of your reliance on the completeness, or accuracy of any advertising, products or other materials provided by such web sites or resources.

15. Changes to the Terms

15.1 We may make changes to the Global Terms or Additional Terms at any time that makes sense to us. When these changes are made, they will be reflected in this agreement.

15.2 You understand and agree that if you use the Services after the date on which the Global Terms or Additional Terms have changed, we will treat your use as acceptance of the newly revised Global Terms or Additional Terms.

16. General legal terms

16.1 You agree that if Overcome Anxiety Now does not exercise or enforce any legal right or remedy which is contained in the Terms (or which we have the benefit of under any applicable law), this will NOT be taken to be a formal waiver of Overcome Anxiety Now's rights and that those rights or remedies will still be available to Overcome Anxiety Now, it's nominees, partners, and legally bound associates.

16.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

16.3 The Terms, and your relationship with Overcome Anxiety Now under the Terms, shall be governed by the laws of the Country of Costa Rica without regard to its conflict of laws provisions. You and Overcome Anxiety Now agree to submit to the exclusive jurisdiction of the courts located within the county of San Jose, Costa Rica to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Overcome Anxiety Now shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

17. Purchases

17.1 You agree to pay for any purchases with legally obtained capital and that any monies used to pay for purchases have been obtained from legitimate, and legal sources such as wages, savings, income from investments, pension income, or other legally obtained currencies.

17.2 You agree to pay in US dollars unless a separate agreement has been made with us both to the exchange rate and method of payment.

17.3 You agree to be billed by Common Sense Consulting.

17.4 You agree that any purchases you make are for your own use and will not be used for commercial purposes without a separate written agreement between Overcome Anxiety Now or an authorized nominee.

17.5 You agree not to distribute or make available the contents of your purchase, or access to your product acquisition page, to any other person or party for any reason -- without the express written consent of Overcome Anxiety Now.

May 31, 2009

© Copyright Sean Wyseman