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Terms of Use
We are SpirituaLiving:
SpirituaLiving provides a marketplace that allows “Seekers” of healing and spiritual services to locate “Guides” to ask questions on the services provided while paying for and scheduling services directly from SpirituaLiving.com. Our marketplace enables the Seekers to search for Guides in their local area while having the peace of mind of only engaging with curated, highly qualified Guides who meet the SpirituaLiving standards of practice.
Disclaimer - For Entertainment Purposes Only
Seekers acknowledge and agree that Guides are neither employees nor agents nor representatives of SpirituaLiving, and Spiritualiving assumes no responsibility for any act or omission of any such Guide.
Guides are not employees or agents of SpirituaLiving or any of its affiliates. All Guides are independent contractors of SpirituaLiving, and because they are independent contractors, SpirituaLiving does not control the quality, relevancy, or accuracy of any advice.
Any opinion, response, advice, suggestion, predication, information, and/or other service provided by any Guide is provided for entertainment purposes only.
The advice or information provided by attorneys, doctors and other Guides in fields requiring licensure and/or certifications is provided for informational purposes only and cannot be substituted for an in-person meeting or a face-to-face physical examination. Seekers should not rely on or make health, legal, financial or other decisions based on the advice of any Guide. SpirituaLiving recommends that a Seeker looking for medical or mental health advice see a qualified professional in person.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.
The advice or information provided by attorneys, doctors and other Guides in fields requiring licensure and/or certifications is provided for informational purposes only and cannot be substituted for an in-person meeting or a face-to-face physical examination. Seekers should not rely on or make health, legal, financial or other decisions based on the advice of any Guide. SpirituaLiving recommends that a Seeker looking for medical or mental health advice see a qualified professional in person.
SpirituaLiving Acceptable Use:
By accessing and/or using the SpirituaLiving marketplace, you represent, warrant, and agree to the following:
You are at least 18 years of age. If you are under the age of 18, you may not use or register for SpirituaLiving or provide any personal information to us. SpirituaLiving reserves the right to immediately terminate any Seeker account and delete his/her/them information if we believe the Seeker is under the age of 18.
The information you submit in your registration form is true, accurate, and complete, and you will maintain and update this information during the term of this Agreement so that it remains true, accurate, current, and complete.
You will not undermine, disrupt, or manipulate the integrity of the Seeker feedback rating system of SpirituaLiving. We may, without notice, remove old ratings or exclude ratings which SpirituaLiving in its sole discretion believes compromises the integrity of the Seeker feedback rating system.
You will not interfere with or disrupt any SpirituaLiving servers, networks, or equipment in connection with SpirituaLiving marketplace.
You will not transmit, upload, email, post, or otherwise make available through SpirituaLiving:
(a) any junk mail, spam or unsolicited email or bulletin board postings; (b) any unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses, worms, or any other malicious application or code; or (e) any information or material which may constitute or encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law.
You will not violate any applicable laws, rules, regulations, or ethical codes. SpirituaLiving enables the transfers of files between Seekers and Guides. When opening such file attachments, it is your responsibility to scan the files with an anti-virus software application.
You will not impersonate any person or entity or make any false statements regarding your employment or affiliation with any person or entity.
You will not stalk, threaten, or harass any Seeker or Guide or infringe on or attempt to infringe on their privacy.
SpirituaLiving may choose to review the Seeker’s or Guide’s personal profile and amend any typing or spelling errors.
SpirituaLiving may, in its sole discretion, (i) refuse to post or transmit; or (ii)remove any content uploaded by a Seeker or Guide.
SpirituaLiving Modification and Termination of Services
Log-in credentials. You are responsible for maintaining the confidentiality of your password, username, and any other security information related to your account. You are fully responsible for all activities that occur under your account.
Privacy Policy
By accessing and/or using the SpirituaLiving marketplace, you agree to the terms of SpirituaLiving Privacy Policy.
Permitted Disclosures
SpiritualLiving may disclose Seeker or Guide information, including, but not limited to, personal information, transcripts, surveys, and recordings. If SpirituaLiving reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) is necessary or appropriate to protect SpirituaLiving’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payments of fees by Seekers or Guides), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).
Your Information
You hereby grant SpirituaLiving an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content you post, transmit, deliver, or receive via the SpirituaLiving marketplace.
Third-Party Websites
The SpirituaLiving marketplace, or a portion thereof, may also be made available via third-party websites. If you have accessed the SpirituaLiving marketplace, or any portion thereof, via a third-party website, such use may be subject to the terms and conditions imposed by such third-party. SpirituaLiving is not responsible for any terms, conditions, policies, acts, or omissions of any such third parties.
Disclaimers
SpirituaLiving is not responsible for reviewing, endorsing, recommending, verifying, evaluating, warranting, or guaranteeing the qualifications, expertise, claims, or background of any Guide or any opinion, response, advise, prediction, recommendation, information, or other service provided by any Guide. SpirituaLiving shall not be deemed the provider of any Guide’s services or other information acquired through the SpirituaLiving Marketplace.
SEEKERS AND Guides ACKNOWLEDGES AND AGREES THAT SPIRITUALIVING MARKETPLACE IS PROVIDED “AS IS” AND THEREFORE WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST SpirituaLiving, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR AGENTS WITH RESPECT TO SpirituaLiving Marketplace. USE OF THE SpirituaLiving Marketplace IS AT THE SEEKERS AND Guides SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, SpirituaLiving EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
SpirituaLiving does not assume, and will not be liable for: (1) the accuracy or availability of the SpirituaLiving Marketplace; or (2) any damages or injury arising from or related to the SpirituaLiving Marketplace and/or any opinion, response, advice, prediction, recommendation, information, and/or other service provided or not provided by any Guide. SpirituaLiving does not guarantee that SpirituaLiving’s service will be uninterrupted or that it will be timely, secure, or error-free.
SpirituaLiving Intellectual Property
SpirituaLiving.com contains copyrighted material, trade secrets, trademarks, patents, and other proprietary information owned by SpirituaLiving (“Intellectual Property”), one of its affiliated companies, or its licensors. This Agreement does not grant to Seekers or Guides any rights to the Intellectual Property appearing on SpirituaLiving.com or any services offered by SpirituaLiving. The Seekers and Guides may not create any derivative or similar work or technology based upon any Intellectual Property of SpirituaLiving, an affiliated company, or its licensors. Seekers or Guides may not sub-license, assign, transfer, sell or make any other commercial use of their membership of SpirituaLiving.com
SpirituaLiving, its affiliated companies or its suppliers are the sole owners of all Intellectual Property. Except as otherwise expressly set forth or provided in this Agreement, Company, its affiliated companies or its suppliers shall retain all ownership rights in and to all Intellectual Property and content displayed on the SpirituaLiving, including copies of data transferred or received by Seekers and Guides through SpirituaLiving.com. This section shall survive expiration or termination of this Agreement.
SpirituaLiving Limitation of Liability
SEEKERS AND GUIDES EXPRESSLY UNDERSTANDS AND AGREES THAT SpirituaLiving, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS SHALL NOT BE LIABLE TO ANY THIRD-PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE). SEEKERS AND Guides FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) SPIRITUALIVING, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SPIRITUALIVING WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY SEEKERS AND Guides TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) SPIRITUALIVING DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE SEEKER AND GUIDE AND SEEKER AND GUIDE AGREES TO INDEMNIFY, DEFEND AND HOLD SPIRITUALIVING HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OF OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
Indemnification
SpirituaLiving respects the intellectual property of others, and we ask our users to do the same. SpirituaLiving may terminate the account or access of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
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A description of the copyrighted work, including the location where the copyrighted work exists.
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Telephone number and email address.
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Statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
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SpirituaLiving Copyright Agent for Notice of claims of copyright infringement can be reached as follows by email: support@spiritualiving.com
Miscellaneous
SpirituaLiving may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the SpirituaLiving Marketplace or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the SpirituaLiving Marketplace. The date of receipt shall be deemed the date on which such notice is given. Notices sent to SpirituaLiving must be delivered by email at support@spiritualiving.com
You shall not assign your rights or obligations pursuant to this Agreement without the prior written consent of SpirituaLiving. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third-party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of California (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Bakersfield, California. This Agreement will be binding and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between SpirituaLiving and Seekers/Guides with respect to the subject matter hereof, and the Seekers/Guides has not relied upon any promises or representations by SpirituaLiving with respect to the subject matter excerpt se forth herein. Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access the SpirituaLiving Marketplace or the Sites. No amendment to this Agreement will be effective unless made in writing. If any provisions of this Agreement are held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
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