Terms of Service
Please read these Terms of Service (the “Terms” or “Agreement”) carefully. The Terms govern your use of the Services and constitute your consent to this Agreement. Your use of the Services is conditioned upon your acceptance of these Terms.
Terms of Service
This Agreement is between you and Mark of the Soul LLC a Washington limited liability company (“Company” or “we” or “us”) concerning your use (including any access to) the Company’s website located at https://markofthesoul.com (together with any materials and services available therein, and successor site(s) thereto, collectively, the “Website”), our products and services other communication channels under our control such as email, telephone, or social media (together with the Website, the “Services”). This Agreement hereby incorporates by reference any additional terms and conditions posted by us on the Website, or otherwise made available to you by us (“Additional Terms”).
To ensure security and legal compliance, you may be asked to present valid identification that you are at least 18 years of age, or if a minor, you must be accompanied by an adult or guardian. If you fail to provide requested identification, if you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may also suspend or terminate your account if, in our sole discretion, we believe: (a) you have violated these Terms; (b) you have violated any applicable law in connection with your use of the Services; (c) your continued use of the Services may, in Company’s sole opinion, endanger your health and/or the safety or the health and safety of others; or (d) you have communicated or acted in an inappropriate, offensive, or discriminatory manner towards any Company employee, contractor, or agent.
Consent to Communications
By entering into this Agreement, you agree to receive communications from us, which may include emails, text messages, voice calls, and push notifications (“Communications”). Voice calls and text messages, if any, (if you opt to receive text messages) will be to the phone number you have supplied to us. You agree that text messages may be made using automatic dialing systems or other automated technologies. Communications from or on behalf of us may include but are not limited to: operational communications concerning your use of the Company’s products and platform; your payment method on file; marketing content such as updates concerning new and existing products or services; and communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you wish to opt out of promotional emails, you can unsubscribe by following the unsubscribe options in the text messages and promotional emails or by emailing us at connect@markofthesoul.com.
We Are Not a Medical Provider
Our Services, including channeling, intuitive guidance, coaching or mentoring, events, and related services or products are for spiritual and personal development purposes only, and are not a substitute for legal, medical, psychological, therapeutic, financial, or business advice. If you have or suspect you may have a medical or psychological problem, you should consult your doctor, psychologist, or appropriate healthcare provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information on the Website or received through the Services. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change to your treatment.
Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send us a written notice by mail or e-mail, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to the Company at Mark of the Soul LLC, Attn: Legal, 1545 NW Market Street, Unit 619, Seattle, WA 98107 or by email to connect@markofthesoul.com.
Payment
Payment in full is required for all sessions and services prior to the first scheduled session. Fees and currency are indicated at the time of booking. You represent and warrant that (a) any credit information you supply the Company is true and complete, (b) charges incurred by you will be honored by your bank or credit card company, (c) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (d) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
Reschedule, Cancellation & Refund
See Reschedule, Cancellation & Refund Policy.
Intellectual Property
All materials provided remain the property of Mark of the Soul LLC. All rights reserved. No part of any content or materials may be reproduced by any mechanical, photographic, electronic, or artificial process, or in the form of an audio recording; not may it be stored in a retrieval system, transmitted, or otherwise copied for public use without prior written permission from Mark of the Soul LLC.
We own the Website and Services, including any proprietary methods, systems, and content(the “Intellectual Property”), which is protected by proprietary rights and laws. The Intellectual Property also includes our copyrights, trade names, trademarks and service marks, and any associated logos. All Intellectual Property on the Website not owned by us is the property of its respective owners. You may not use Intellectual Property in connection with any product or service that is not ours, or in any manner that is likely to cause consumer confusion. Nothing contained on the App or Website should be construed as granting any right to use any Intellectual Property without the express prior written consent of the owner.
Third Party Materials, Links
Certain Website functionality may make available access to information, products, services, and other materials made available by third parties (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading, or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Website or App at any time. In addition, the availability of any Third-Party Materials through the Website does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS). COMPANY ACCEPTS NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES OR SERVICES.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE WEBSITE, SERVICES, AND THIRD-PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS, SERVICES, AND THIRD-PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM THE USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
All disclaimers of any kind are made for the benefit of the Company and its agents, members, shareholders, directors, officers, employees, agents, representatives, and licensors. While we will try to maintain the timeliness, integrity, and security of the Website, we do not guarantee that the Website are or will remain updated, complete, correct, or secure, or that access to the App or Website will be uninterrupted. The Website may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any such alteration, contact connect@markofthesoul.com with a description of such alteration and its location on the Website.
Limitation of Liability
To the fullest extent permitted under applicable law: (a) we will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by us or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use; (b) the Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of submissions (including unauthorized interception by third parties of any submissions), even if advised in advance of the possibility of such damages or losses; (c) without limiting the foregoing, we will not be liable for damages of any kind resulting from your use of or inability to use the Website, access Services, or from any products or Third-Party Materials, including from any virus that may be transmitted in connection therewith; (d) your sole and exclusive remedy for dissatisfaction with the Website, Services, or Third-Party Materials is to stop using them; and (e) the maximum aggregate liability of the Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (1) the total amount, if any, paid by you to us to use the Website, or Services; or (2) one thousand U.S. dollars ($1,000). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of the Company and its respective successors and assigns. Certain applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations of liability may not apply, and you may have certain additional rights.
Indemnity & Release
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to: (a) your use of the Services or Website; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party.
Dispute Resolution, Governing Law & Venue
- Informal Dispute Resolution Procedure. A dispute might arise between you and us. If that happens, we are committed to working with you to reach a reasonable resolution. For any issue or dispute that arises between you and Company, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding. This includes first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account to the following email address: connect@markofthesoul.com. For any dispute that we initiate, we will send our written description of the dispute to the email address associated with your account. The written description must be on an individual basis and provide at least the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought.
You and the Company then agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference. If either party is represented by counsel, that party’s counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. If the dispute is not resolved satisfactorily through this informal process within sixty (60) days after receipt of the written description of the dispute, you and Company agree to the further dispute resolution provisions below.
The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. Failure to engage in this process could result in the award of fees against you in arbitration.
- Generally. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether in the State of Washington or any other jurisdiction). If you and Company are unable to resolve a dispute informally as set forth above, in the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, you and Company agree that every dispute arising in connection with this Agreement will be resolved in any court of competent jurisdiction.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
You and the Company agree to submit to the personal jurisdiction of any federal or state court in King County, Washington, to further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
- Exceptions. Except as set forth in Section 19(b), nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief; or (d) to file suit in a court of law to address an Intellectual Property infringement claim.
Translation. These Terms may have been translated. If the Company has made them available to you in any language other than English, you agree that the original English text shall prevail in the event of a conflict or ambiguity of terms.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Company. If any provision of these Terms are found to be unlawful, void, or for any reason or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction, including, without limitation, those rights or obligations relating to any information that you provide or that has been provided on your behalf to the Company or that has been collected by us in connection with the Services or through the Website. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” To the extent there is a conflict between the provisions in this Agreement and any Additional Terms incorporated herein by reference, the latter shall have precedence. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and the Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation or any delay in performing any of its obligations, if the delay or failure was due to any cause beyond Company’s reasonable control including but not limited to severe weather, power, or other utility cut-off, natural disaster, strikes, governmental action, epidemic, pandemic, terrorism, war, civil unrest, or other similar events of “force majeure”.