Your use of this site is governed by these Terms and Conditions. Whispering Souls of Wellness, LLC (herein referred to as “us”, “we”, or “our”) is the sole operator and owner of psychicjeter.com (“Site”).
Terms of Service
The services on this website, psychicjeter.com (“site”), are provided to you on the condition that you comply with these Terms of Service (“terms”).
BY USING THIS SITE AND SERVICES ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR SERVICES AVAILABLE ON THIS SITE (“OFFERINGS”), OR THESE TERMS IS TO CEASE USING THE SITE OR THOSE PARTICULAR PRODUCTS OR SERVICES. THESE TERMS ARE EFFECTIVE UPON USE OF THIS SITE, AND YOUR USE OF THIS SITE AFFIRMS YOUR CONSENT TO THESE TERMS.
You must be at least 18 years of age to use our services. In certain jurisdictions, the legal age of majority may differ, in which case, the legal age of majority in your jurisdiction shall constitute the minimum age to utilize any of our services.
Certain services offered on our site, including but not limited to psychic readings, are required to be advertised and marketed as being for entertainment purposes only.
- On our site, we offer the following services:
- You may consult with a psychic, spiritual counselor, life coach or wellness advisor.
- You may participate in our online community.
- You may purchase products (goods or services) from us or others through our store.
- You may learn about spiritual wellness and participate in wellness classes.
- We may modify, remove or add additional services at any time.
- We may charge a fee for our services.
- You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, internet access and associated fees.
Advisors and Service Providers
- You acknowledge and understand that advisors and service providers (herein referred to as “advisors”) are not employees of Whispering Souls of Wellness, LLC; they are independent consultants. While we attempt to verify that our advisors act in good faith, and adhere to our ethics statement(s), it is ultimately your responsibility to take any necessary precaution.
- We do not guarantee, nor are we responsible for, the accuracy, completeness, reliability, or usefulness of any advisor’s opinion(s), advice, statements or other content on this site. An advisor’s opinions, advice, statements, or other content are those of the chat host alone, and should not necessarily be relied upon. Under no circumstances will we be responsible for any loss or damage resulting from your or anyone else’s reliance on an advisor’s opinions, advice, statements, or other content.
- Users of this site and/or prior clients of our advisors may have submitted reviews or testimonials regarding our advisors. These reviews and testimonials do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter.
- You acknowledge that each advisor’s services are offered for entertainment purposes only. The services we provide on this site are based on our firmly held religious and spiritual beliefs, and we do not waive our right to assert this in any legal proceeding, nor should your acknowledgment be construed as a waiver of our rights.
User Content and Guidelines
- “User content” is any content on this site or sent through this site that is not provided by us. In this respect, advisors featured on our site should not be misconstrued as representing us.
- We do not endorse user content on any part of the site. Some user content may be inaccurate or objectionable. We will have no responsibility or liability of any kind for any user content you encounter on or through this site. Your use of or reliance on user content is solely at your own risk.
- We reserve the right, but have no obligation, to monitor and inspect all user content. If a user violates or is alleged to violate these terms or the law, then we may limit or deny the user’s access to the site or take other appropriate action against a user, and we may edit or remove the user’s content. We are not responsible for any failure or delay in limiting or denying a user’s access, or in editing or removing any user content. Unauthorized use may result in criminal and/or civil prosecution under federal, state and local law. If you become aware of misuse of our services, please contact us.
- Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for any user content you post, upload, link to, transmit or otherwise make available to the site. By posting information on the site, or by otherwise using any communications service, message board, newsgroup, chat room, video interaction, or other interactive service available on the site, you agree that you will not upload to or through this site, transmit to or through this site, or post to or through this site comments, messages, links, code or other information that in our opinion:
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals;
- harms legal minors;
- denigrates, harasses or intimidates an individual on the basis of religion (or creed), gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, service mark, copyright, right of publicity, intellectual property or other proprietary right of any party;
- consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, advance-fee schemes, or any form of lottery or gambling;
- contains any form of (or links to) malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of us, user or any third party;
- breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of the site, or attempts to gain access to another network or server via an account on the site;
- impersonates any person or entity, including any of our employees, agents, users (including our independent contractors and advisors), or representatives.
- To keep the site safe:
- You will not collect users’ content or information, or otherwise access the site, using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not engage in conduct that negatively affects the online experience of our advisors, independent contractors, website administrator or other users.
- You will not solicit login information or access an account belonging to someone else. Attempting to access the administrative dashboard without authorization may constitute a criminal offense.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use the site to perpetrate, or otherwise conspire to perpetrate, any act considered to be unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the site, such as a denial of service attack or interference with page rendering or other site functionality.
- You will not use the site to stalk (to include cyber-stalking) our advisors, independent contractors, website administrator or other users.
- You will not facilitate or encourage any violations of these terms.
Site Administration and Access Restriction
Administration of this site is presently being managed by a third-party independent contractor (“administrator”), without charge or expectation of remuneration. At the sole discretion of the administrator, access to this website may need to be restricted for security purposes, effectively blocking access to certain users by their IP address or country of origin.
Fees, Payments and Refund Policy
- If you choose to purchase one or more of the services or products provided on our site, you agree to pay all fees associated with the service or product.
- WE WILL NOT REFUND, AND YOU MAY NOT SEEK A REFUND, FOR ADVISOR SERVICES. The fee is due and payable regardless of the advice or opinions given or not given and any resulting outcome if you choose to rely or not rely on that advice or opinion.
- Any charges incurred by your purchase or use of the services or products, will be billed to the credit card, or applicable method of payment (i.e. PayPal), provided by you. In the event you sign up for an ongoing service which results in recurring charges (such as a subscription), those charges will be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in that information within ten (10) days of the change.
- If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the services or products you have purchased, you agree that we may, at our option, suspend or terminate performance of services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
- In the instance that a payment dispute is initiated by you after services have been rendered, you accept that proof of service delivery will be provided to your bank, credit card issuer or payment intermediary (i.e. PayPal), and this documentation may include personal and sensitive information supplied by you during your consultation with our advisors.
- Should you need to cancel or reschedule an appointment for a consultation with one of our advisors, we ask that you provide us with advance notification of at least 24 hours prior to your originally-scheduled appointment time, or a refund request may not be honored. We also reserve the right to withhold any transaction fees from the total amounts refunded in instances when refund requests are honored for cancellations.
Third-Party Sites and Information
The site may redirect or link to other websites on the internet, or may otherwise include references to information, products or services made available by third parties. While we make every effort to work with trusted, reputable providers, from time to time these sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the other site or party by us, or any warranty of any kind, either express or implied.
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated with them, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
Our Intellectual Property
- Ownership of Content. By accepting these terms, you agree that all content presented to you on this site is protected by any and all intellectual property and other proprietary rights available within the United States, and, except for user content, is the sole property of us or our affiliates.
- All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Whispering Souls of Wellness, LLC, or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these terms grants you any right to use any trademark, service mark, logo, or the name of Whispering Souls of Wellness, LLC, or its affiliates.
- “Psychic Jeter” is a service mark of the sole member of Whispering Souls of Wellness, LLC; “Urban Psychic” is a service mark of Leeward IP Holdings (Cayman), Ltd., assigned to and held for the sole benefit of one of our independent advisors.
- Certain ideas, software and processes incorporated into the services available on this site may be protected by patent applications pending in the United States or in other jurisdictions.
- Certain creative copy and original content on the site are considered literary work(s) and the intellectual property of the respective author(s), as defined by law in the United States of America, which have subsequently been licensed, transferred or otherwise assigned to Whispering Souls of Wellness, LLC, without remuneration.
- Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this site in any form or by any means whatsoever without prior written permission from us. You may not record a live video communication or telephone call without the express permission of the advisor or us. Any unauthorized use of site content violates our intellectual property interests and could result in criminal or civil penalties.
- No Warranty for Third-Party Infringement. Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties.
Content Created or Submitted by Users
- We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
- If you believe that you or someone else’s copyright has been infringed by content provided on this site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
- The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
- A statement that the Rights Holder has a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s physical or electronic signature.
- Notice may be sent by Mail to:
Whispering Souls of Wellness, LLC
P.O. Box 4724
Charlottesville, VA 22905
- Counter-Notification. If material that you have posted to our site has been taken down, you may file a counter-notification that contains the following details:
- 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 to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material in question;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of federal district court in the Eastern District of Virginia, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
- Your physical or electronic signature.
- Notice may be sent by Mail to:
Whispering Souls of Wellness, LLC
P.O. Box 4724
Charlottesville, VA 22905
- You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.
- Public Disclosure. We generally protect your privacy, but we may publicly disclose any user content you post, upload, link to, transmit, or otherwise make available to the site, if the disclosure is necessary to enforce these terms, to respond to claims of intellectual property infringement, to comply with legal process,or to protect the rights of the public, other users or us.
Data Stored On Our Servers
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge and agree that we reserve and have the right to remove, edit, or terminate accounts and content when you have not paid a fee or, if applicable, a subscription fee, when you have disputed a fee, when we believe that you have violated one or more of these terms, or when your account is inactive for longer than sixty (60) days.
Privacy and Security
- Login Required (when applicable). In order to access some of the services on this site, or to post user content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
- Termination of Account. We reserve the right to terminate your access if we know, or have reasonable grounds to suspect, that you have entered false or misleading information during the registration process. YOU MUST BE OF LEGAL AGE TO REGISTER. We reserve the right to require valid credit card information, or submission of government-issued photo identification, as proof of legal age. If you are under the age of eighteen and use this site under the supervision of your parent, legal guardian, or other adult, that parent, legal guardian or other adult is responsible for any misrepresentation to us and for your use of the site and will indemnify us and hold us harmless for all damages we may incur.
- Passwords and Security. If you register for an account on the site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees and affiliates will never ask you for your password. You should never give your password to an advisor on this platform.
- Enhanced Security Restrictions. We reserve the right to restrict access to this site at any time, and at the sole discretion of our website administrator, certain IP addresses may be blocked from accessing this site, without prior notice, and for any reason.
We can change these terms at any time. We will notify you of the change. We may notify you of the change by doing any one of the following:
- posting a notice on this page;
- posting a notice on our homepage; or
- sending a notice to the email address you provided to us upon registration.
- You understand and agree that temporary interruptions of the site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with the services. You agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user content or personalization settings. If you purchase a product that we ship to you, we will ship it to you in the manner you select (from the options we provide) but we do not control the companies that ship the products, and we do not guaranty timely delivery once the product has been given to the shipping company.
- Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any products or services provided by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees relating to such transactions, are agreed to solely between the seller of such merchandise and you.
- WE DO NOT PROMISE OR GUARANTEE SPECIFIC RESULTS FROM YOUR USE OF THE SITE. WE DO NOT PROMISE OR GUARANTEE SPECIFIC RESULTS FROM THE SERVICES OR PRODUCTS AVAILABLE ON THE SITE.
- ALL CONTENT AND OFFERINGS ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT, PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR OFFERINGS OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT, PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
- THE INFORMATION, SERVICES AND PRODUCTS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT OUR CONTENT, OUR EFFORTS, OR OUR SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
- THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND OFFERINGS AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR OFFERINGS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
- THE USE OF THE PRODUCTS OR SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
- WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
- WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE ANY OR ALL PORTIONS OF THE SITE, INCLUDING ANY PRODUCTS, SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE THIS RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS.
- SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Limitation of Liability and Indemnification
- IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
- FURTHER, WE WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH A THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
- OUR MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR PRODUCT AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE (WITHIN THE THREE MONTH PERIOD BEFORE THE ACT COMPLAINED OF) OR PRODUCT RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
- IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES THAT MAY ARISE FROM YOUR USE OR MISUSE INCLUDING A BREACH OF THESE TERMS) OF THIS SITE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Termination of Use
- Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this site, and reporting you (including any confidential or sensitive information we have about you) to the proper authorities, if necessary or appropriate.
- No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating the termination, your right to use the services available on this site will immediately cease. We will not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. The licenses you gave us and your liability for any unpaid fees will survive any termination.
- International Use. Although this site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this site from other locations do so on their own initiative and at their own risk. If you choose to access this site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the internet. Any offer for any product, service, or information made in connection with this site is void where prohibited.
- Governing Law. This site (excluding any third-party websites) is controlled by us from our offices in the Commonwealth of Virginia, and the statutes and laws of the Commonwealth of Virginia and the United States of America will be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Chesterfield County, Virginia or the U.S. District Court for the Eastern District of Virginia with respect to matters controlled by that court.
- Limitations. You agree that any cause of action related to, or arising out of your relationship with us, must commence within ONE (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
- Notices. All notices to a party shall be in writing and shall be made either personally, via email, commercial private carrier (two-day delivery) or United States mail. Notices to us must be sent to the attention of Customer Service by utilizing our Contact Us page, if by electronic communication, or to the following address, if by private carrier or U.S. Mail:
Whispering Souls of Wellness, LLC
P.O. Box 4724
Charlottesville, VA 22905
- You agree to allow us to submit notices to you either through the email address you provided to us, or to the address we have on record for you. We may post notices affecting multiple users on our site.
- Any notices or communication under these terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; or (4) on the delivery date if transmitted by confirmed email.
- For contractual purposes, you (i) consent to receive communications from us in an electronic form via the email address you have submitted or via the site; and (ii) agree that all terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This section does not affect your nonwaivable rights.
- No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute copy or use for any commercial purposes any portion of this site, or use of or access to this site or services provided through this site, beyond the limited rights granted to you under these terms.
- Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, terrorism, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Savings Clause. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Assignment. We may assign or delegate these terms, in whole or in part, to any individual or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the terms without our prior written consent, and any unauthorized assignment and delegation by you is void.
- No Waiver. Any failure by us to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.
- Entire Agreement. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes any and all of our prior agreements and understandings. These terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this site is in conflict or inconsistent with these terms, these terms shall take precedence.
- Certain Definitions
- For purposes of these terms, “content” is defined as any information, communications, software, published works, photos, text, video, graphics, music, sounds, or other material that can be viewed by users on our site.
- For purposes of these terms, references to our “affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, managers, members, suppliers, partners, sponsors, advertisers, chat hosts, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and contents and services and products available on this site.
- For purposes of these terms, “include” means “including without limitation.”
Copyright © 2021 Whispering Souls of Wellness, LLC. All rights reserved.