Terms and Conditions
Updated April 16, 2025
1. Acceptance of Terms
Fearvana LLC. (“Fearvana,” "Company," “we,” “us,” or “our”) welcomes you. We invite you to access and use our website, including, without limitation, fearvana.com and all subdomains under fearvana.com, such as bliss.fearvana.com (the “Site”). We provide access to the Site to visitors (“Visitors”) subject to the following Terms and Conditions.
By accessing or using the Site, you agree to be bound by these Terms and Conditions, our Privacy Policy, our Refund Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services offered by the Company. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
2. Services
Subject to these Terms, Fearvana grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services, including the Products (subject to payment, where applicable), for your personal, non-commercial use only. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limiting any of our rights or remedies at law or in equity, we may terminate or suspend your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.
3. Intellectual Property Rights
The Site contains material, such as videos, coursework, training modules, photographs, text, graphics, images, sound recordings, and other material provided by or on behalf of Fearvana (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Except as expressly permitted above, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Site), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Fearvana. Fearvana retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Fearvana (the “Fearvana Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Fearvana. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Fearvana Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Fearvana Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
4. Fees and payment
As consideration for any purchase you make on the Site, you shall pay Fearvana all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. You may purchase access to certain Products through either a one-time payment or an installment plan, as indicated at the time of purchase. When you make a purchase, you authorize us to charge the credit or debit card you provide on a one-time or monthly basis, depending on which payment plan you elect.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Fearvana to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details. Furthermore, we reserve the right to cancel any order for any reason.
5. Refunds
We want you to be satisfied with your purchase, and to genuinely experience the value our programs offer. However, because our refund policy is based on action-based guarantees, refunds are only available to customers who fulfill the specific eligibility requirements outlined below. If you do not complete the required actions, no refund will be issued.
To be eligible for a refund, you must:
Complete all required action steps outlined for the specific Product you purchased;
Submit your refund request by email to support@fearvana.com within the applicable refund period for that Product; and
Comply with all additional terms and conditions set forth in this Agreement.
The refund period for each Product may vary and is specified below.
Refund Eligibility Criteria by Program:
The 25 Laws of Winning
Refund Period: 10 calendar days from the date of purchase.
Required Actions:
- Watch 100% of the course videos
- Submit a video (via Loom or similar tool) demonstrating how you applied one or more of the Laws every day for the first 10 days, along with a summary of the outcomes experienced as a result.
Get Unstuck
Refund Period: 10 calendar days from the date of purchase.
Required Actions:
- Watch 100% of the course videos
- Submit a video (via Loom or similar tool) demonstrating how you used the Get Unstuck Diagnostic System to get crystal clear on which of the 10 S's is blocking you.
- Submit a video (via Loom or similar tool) demonstrating how you applied the action steps for one or more of the 10 S's for the first 10 days, along with a summary of the outcomes experienced as a result.
Massive Publicity Accelerator
Refund Period: 14 calendar days from the date of purchase.
Required Actions:
- Watch 100% of the videos in:
Module 0: What to Expect
Module 1: Laying the Foundation
Module 2: Your Celebrity Authority Positioning
- Complete at least a basic version of your Prison Break Blueprint.
Win at Everything
Refund Period: 14 calendar days from the date of purchase.
Required Actions:
- Watch 100% of the videos in:
Module 0: Preparing for Battle
Module 1: The Most Important Skill for Success
Module 1.5: Ready to Take the Next Step
Module 2: The Machine That Drives You
- Watch no more than 40% of the total course content.
The Warrior's 24-Hour Gameplan
Refund Period: 5 calendar days from the date of purchase.
Required Actions:
- Complete all 5 program steps in full as outlined in the course.
Live Group Coaching Calls - Refund Limitation
Access to live group coaching calls is considered a high-value component of certain Products and is non-refundable once attended. To remain eligible for a refund, you must not have attended or accessed any live group coaching calls included with your purchase. Attendance at any such session—whether live or via replay—constitutes use of a time-sensitive and non-returnable resource, and by participating, you waive your right to a refund.
We reserve the right to track and verify attendance through internal records, including but not limited to video conference logs, sign-in sheets, or access data. If our records indicate that you attended a live group coaching session, your refund request will be denied, regardless of whether other eligibility criteria have been met.
Review and Processing
All refund requests will be reviewed by our team to verify that the above criteria have been satisfied. We use software to track course progress and video consumption. If you meet all eligibility requirements and submit your request within the applicable refund period, we will issue a full refund.
Refund requests submitted beyond the specified refund period (10, 14, or 5 days, depending on the Product) will not be honored under any circumstances. After the refund window closes, all payments are final and non-refundable, and you remain responsible for full payment of the Product.
If you purchased a Product via a payment plan and do not meet the refund eligibility requirements within the applicable refund window, you are legally obligated to complete all remaining installment payments.
Additonal Terms
Not all Products are eligible for refund, and some may be subject to additional or modified refund conditions. Any such limitations or exceptions will be clearly stated on the respective product’s sales or checkout page. Fearvana reserves the sole and exclusive right to determine whether you have satisfied the refund eligibility requirements.
If a refund is granted, your access to the Product will be revoked and you must immediately cease use of all associated materials. Unless otherwise expressly stated herein, your obligation to complete installment payments remains enforceable, even if your license to the Product is cancelled or terminated.
6. Your conduct
You agree that you will not:
(i) use the Services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or (ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Services;
(v) reverse engineer, decompile or disassemble any portion of the Services;
(vi) “scrape” information from the Services by automated means;
(vii) interfere with the ability of others, permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
(viii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
(x) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.
7. Disclaimers and Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND FEARVANA MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.
(c) IN NO EVENT SHALL FEARVANA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, FEARVANA’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE, OR (II) $100.
(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY FEARVANA OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.
(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR , ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Registration and passwords
To access certain features of the Site, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information, such as your name, email address, zip code and country, that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement.
You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Site using one or more of them, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information as well. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. We reserve the right to revoke access, suspend, or terminate your account at any time for any reason, including violation of these Terms.
9. External Sites
The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so entirely at your own risk.
10. Representations and Warranties
You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old. You further represent and warrant that your use of the Services will comply with all applicable laws and regulations.
11. Indemnity
You agree to indemnify, defend and hold harmless Fearvana and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. Fearvana reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Compliance with Applicable Laws
The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring that your use of the Site and any related content complies with all applicable laws, rules, and regulations in your jurisdiction.
13. Termination of Agreement
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancelation or termination, you are no longer authorized to access the part of the Site affected by such cancelation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers, limitations of liability, and indemnity obligations set forth in these Terms shall survive any such termination. We shall not be liable to you or any third party for termination of your access to the Site.
14. Digital Millennium Copyright Act
Reporting Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures. If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our Copyright Agent (identified below). Pursuant to the DMCA, the Counter-Notice must include (a) your physical or electronic signature; (b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Designated agent pursuant to the DMCA. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is Akshay Nanavati, who may be contacted by email at support@fearvana.com.
Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Assignment
This Agreement shall be binding upon and inure to the benefit of Fearvana and its respective successors, assigns, heirs, and legal representatives. You may not assign or transfer this Agreement or any rights or obligations hereunder without the prior written consent of Fearvana. Notwithstanding the foregoing, Fearvana may freely assign this Agreement, in whole or in part, to any affiliated entity or wholly owned subsidiary.
Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles. All disputes arising under or related to these Terms shall be submitted to binding arbitration administered in Maricopa County, Arizona. If any provision herein is deemed unlawful or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
Class Action Waiver
To the fullest extent permitted by law, you and Fearvana agree that any disputes will be resolved only on an individual basis and not in a class, consolidated, or representative action. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any provision of these Terms (other than the Class Action Waiver) is found to be illegal or unenforceable, that provision shall be severed and the remainder shall remain in full force and effect. If the Class Action Waiver is found to be unenforceable, the entirety of the Dispute Resolution and arbitration provisions shall be null and void, and the dispute must be resolved in a court of competent jurisdiction.
15. Miscellaneous
No joint venture, partnership, employment or agency relationship exists between you and Fearvana as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and Fearvana with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Fearvana may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Fearvana shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to Fearvana. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with Fearvana. Notices to us shall be sent by email to support@fearvana.com or in writing to Fearvana LLC.
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