(a) “You and Your” refers you to the user of the Website located at somatic-awakening.com, additional webpages accessed from that site and related services provided either on the Website or by Dr. Sophia Joy.
(b) “Dr. Sophia Joy” means Dr. Melissa Sophia Joy, ND, the owner of the Website and provider of the Services (defined below).
(c) “Website” refers to the Website located at somatic-awakening.com and all additional webpages associated with that site.
(d) “Service(s)” refers to the services available on the Website, such as online classes guided meditations, and other audio/visual materials as well as those provided directly to You by Dr. Sophia Joy that You access from the Website.
2. OVERVIEW OF AGREEMENT.
The content of Dr. Sophia Joy’s Website are solely intended to be educational and to support You concerning Your spiritual growth. Unless otherwise directly stated by her in writing, the Services and any information provided by Dr. Sophia Joy that is accessed through the Website is NOT intended in any way as a substitute for professional medical advice, diagnosis, or treatment, and the Services and any information provided by her does NOT constitute medical or other professional advice. Any physical or mental health related content that may be provided to You through the Services is generalized information and not specific to You as an individual. By agreeing to the terms of this Agreement You acknowledge that information provided to You through the Services may not be appropriate or relevant to Your personal situation.
While You may find our Services to be beneficial to You mentally, emotionally, physically and spiritually (and we hope that You do), the Services are not intended to be used to diagnose, treat, cure, or prevent any medical or mental health conditions or as a substitute for consulting with Your health care professionals. If You rely on any information provided to You through the Services You acknowledge and agree that this is done solely at Your own risk. You should never delay in seeking health care advice from a health care professional, such as a doctor or psychiatrist, and You should not disregard health care advice received from a health care professional because of information that You have received through the Services. If You have any questions about Your physical or mental health, You should consult Your healthcare professionals.
B. NOTICE OF ARBITRATION PROVISION.
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE AND, UNLESS YOU OPT-OUT OF ARBITRATION IN THE MANNER SET FORTH IN THIS AGREEMENT, YOU AND DR. SOPHIA JOY AGREE THAT DISPUTES RELATING TO THESE TERMS, YOUR USE OF THE SERVICES OR IN ANY WAY ARISING OUT OF YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AS FURTHER SET FORTH BELOW.
IN ADDITION, THIS AGREEMENT CONTAINS A WAIVER OF RIGHTS YOU HAVE TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST DR. SOPHIA JOY THAT IN ANY WAY CONCERNS THE WEBSITE OR THE SERVICES.
3. ACCEPTANCE OF AGREEMENT.
(a) This Agreement is an electronic contract that establishes the legally binding terms You must accept to use the Services.
(b) By accessing the Website or using any of the Services, You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to You in electronic form. Please print a copy of this Agreement for Your records. This Agreement may be modified by Dr. Sophia Joy from time to time, and such modifications shall be effective upon Dr. Sophia Joy’s posting such Agreement so that it is accessible from the Website. Your continued use of Services after such modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your obligation to review the Agreement to become aware of any modifications.
(c) By using the Service, You consent to receive this Agreement in electronic form. To withdraw this consent, You must cease using any Service, and terminate any Account or Membership (as defined hereafter), as applicable.
5. RIGHT TO USE.
Your right to use the Service is subject to any limitations, conditions, and restrictions established by Dr. Sophia Joy from time to time, in her sole discretion. Dr. Sophia Joy may alter, suspend, or discontinue any aspect of the Services at any time. Dr. Sophia Joy may also impose limits on certain features and aspects of the Services, or restrict Your access to parts or all of the Service without notice or liability and for any reason.
(a) Dr. Sophia Joy may charge fees for certain of the Services. It is Your sole obligation to provide an accurate and complete information for purposes of payment (for example, credit card information and billing address).
(b) Dr. Sophia Joy uses a third-party payment processor. While the payment processor has security measures in place to protect Your information, as can be seen in the news, it is always possible that the information provided to third-party processor could be hacked. Accordingly, it is best to maintain vigilance when it comes to Your personal payment information.
(c) Use of Services by Minors. You must be 18 years of age, or the age of majority in Your province, territory or country, to sign up as a registered user of, or subscribe to, the Services. Individuals under the age of 18, or the applicable age of majority, may utilize the Services only where (1) a parent or legal guardian consents to and supervises such use and (2) such use must be through that parent’s or legal guardian’s account.
7. TERM AND TERMINATION. This Agreement will remain in full force and effect while You visit the Website or use a Service.
8. NON-COMMERCIAL USE.
The Services are for personal use only. You agree that You will not use any information obtained from any Service to contact, advertise to, solicit, or sell to any other user of the Service without his or her express prior written consent.
9. PROPRIETARY RIGHTS.
Dr. Sophia Joy owns and retains all proprietary rights in the Website and the Services, and in all, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains copyrighted material, trademarks, and other proprietary information of Dr. Sophia Joy. Such information may be protected whether or not it is identified as proprietary to Dr. Sophia Joy. YOU AGREE TO NOT COPY, MODIFY, TRANSMIT, CREATE ANY DERIVATIVE WORKS FROM, MAKE USE OF, OR REPRODUCE IN ANY MANNER ANY COPYRIGHTED MATERIAL, TRADEMARKS, TRADE NAMES, SERVICE MARKS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY INFORMATION ACCESSIBLE ON THE WEBSITE OR THROUGH THE SERVICE, WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN CONSENT OF DR. SOPHIA JOY OR, IF SUCH PROPERTY IS NOT OWNED BY DR. SOPHIA JOY, THE OWNER OF SUCH INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.
10. EXTERNAL LINKS.
The Website may contain links to other websites or resources or advertisements and promotions offered by third parties (collectively, “External Links”). You acknowledge and understand that Dr. Sophia Joy does not monitor such External Links and that such links may not conform to the Dr. Sophia Joy content guidelines. YOU ACKNOWLEDGE AND AGREE THAT DR. SOPHIA JOY IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL LINKS, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, STATEMENTS, ADVERTISING, GOODS OR SERVICES, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL LINKS. YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE OR SERVICE ARISING OUT OF THE USE OF SUCH EXTERNAL LINKS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY. YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT AND ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF SUCH EXTERNAL LINKS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT DR. SOPHIA JOY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF, OR RELIANCE UPON, ANY SUCH CONTENT, INFORMATION, STATEMENTS, ADVERTISING, GOODS OR SERVICES, OR OTHER MATERIALS ON OR THROUGH ANY SUCH EXTERNAL LINK.
(a) You acknowledge and agree that neither Dr. Sophia Joy nor its affiliates and third party partners are responsible, and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of: (i) any incorrect, misleading or inaccurate content posted on the Website or provided in connection with the Services; or (ii) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DR. SOPHIA JOY PROVIDES THE WEBSITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DR. SOPHIA JOY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED. DR. SOPHIA JOY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICES BY DR. SOPHIA JOY, ANY USER OF THE SERVICE, OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
(b) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
(c) In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or through the Service is for educational, informational and entertainment purposes only and is not intended to replace or substitute for any professional medical, financial, legal, or other advice. Dr. Sophia Joy makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Service. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist. (e)
12. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL DR. SOPHIA JOY, AND HER EMPLOYEES, AGENTS, AFFILIATES, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DR. SOPHIA JOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DR. SOPHIA JOY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO DR. SOPHIA JOY FOR THE SERVICES SHE HAS PROVIDED TO YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
13. ARBITRATION AND WAIVER OF CLASS ACTION.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH BINIRVANA, AND LIMIT THE MANNER IN WHICH YOU CAN BRING CLAIMS YOU MAY HAVE AGAINST DR. SOPHIA JOY INCLUDING A WAIVER OF ANY RIGHTS YOU HAVE TO BRING OR PARTICIPATE IN A CLASS ACTION.
14. GOVERNING LAW.
This Agreement, and any dispute between You and Dr. Sophia Joy, shall be governed by the laws of the state of California without regard to principles of conflicts of law. However, the arbitration agreement shall be governed by the Federal Arbitration Act.
You hereby agree to indemnify, defend and hold harmless Dr. Sophia Joy and her employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any loss or liability, including without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim or demand made by any third party arising out of Your breach of, or failure to comply with, this Agreement (including any breach of Your representations and warranties contained herein), any postings or Content You post on the Website or as a result of the Service, and the violation of any law or regulation by You. You shall cooperate as fully as reasonably required in the defense of any such claim. Dr. Sophia Joy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which You shall fully cooperate with Dr. Sophia Joy in connection therewith.
16. EFFECT OF AGREEMENT.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Dr. Sophia Joy to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You acknowledge and understand that certain services provided by Dr. Sophia Joy, may require Your agreement to and execution of other agreements by You such as informed consent, HIPPA acknowledgement and payment agreement and other related agreements.