PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
SoulSpring a Panache Desai, LLC (hereinafter referred to as “SoulSpring” or “us” or “we”) provides this website, www.SoulSpring.org and all related content and services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this Terms of Service (“TOS”). SoulSpring reserves the right at any time to:
Any changes we make will be effective immediately upon notice, which we may provide by posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this TOS periodically to ensure familiarity with the most current version. You acknowledge that you are bound by this TOS. Upon our request you agree to sign a non-electronic version of this TOS.
BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, PLEASE DO NOT USE THE SITE. BY USING THE SITE YOU ARE INDICATING THAT YOU ARE AT LEAST 13 YEARS OLD. IF YOU ARE NOT 13 YEARS OLD PLEASE DO NOT ENTER THE SITE.
1. Description of Services
Making Purchases. Certain products or services may be offered for sale on the Site. You may be asked by SoulSpring or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide SoulSpring or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Descriptions, images or listings of, or links or references to, products or services on the Site (“Product Offerings”) do not imply SoulSpring’s endorsement of such products or services. We reserve the right, without prior notification, to change such Product Offerings (including without limitation any prices or available quantities), or to limit the order quantity on any product or service and/or refuse service to you.
Message Boards, Chats and Other Forums. SoulSpring hosts message boards, chats and other forums on the Site. Members are expected to abide by the Rules of Conduct that are set forth at http://www.SoulSpring.com/about/rules.asp. Any member failing to comply with the Rules of Conduct or Terms of Service may be expelled from message boards, chats or other public forums on the Site. SoulSpring may terminate or restrict such Member’s continued access to the Site.
Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules, which are linked from the particular activity. By entering such sweepstakes or contests or participating in such games you are subject to those rules– please remember to read them carefully.
Monitoring. We have no obligation to monitor Member Websites, chats, message boards or any other materials that you or third parties transmit or post on or to the Site. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Site, your Website, message boards, the chats and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or message board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors; and to comply with legal obligations or governmental requests.
2. Your Registration Obligations
When and if you register to become a Member, you agree to (a) provide true, accurate, complete, and current information (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this TOS, your use of the Site and Member Website if applicable.
As part of the registration process, you will be asked to select a user name and password. We may refuse to grant you a user name, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your username and password, and you agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by immediately contact us at firstname.lastname@example.org. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES, WHETHER BY YOU OR ANYONE ELSE (INCLUDING WITHOUT LIMITATION PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Code of Conduct
While using the Site or any services offered on or through the Site you agree to abide by the Rules of Conduct that are set forth. Be sure to review this Rules of Conduct periodically to ensure familiarity with the most current version.
4. Jurisdictional Issues
SoulSpring makes no representation that materials on the Site are appropriate or available for use in locations other than the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
5. Disclaimer Regarding Links and Member Websites
The Site may provide links to other Internet websites or resources (“Linked Sites”). SoulSpring neither controls nor endorses such Linked Sites, nor have we reviewed or approved any content that appears on such Linked Sites. You acknowledge and agree that SoulSpring is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You further acknowledge and agree that SoulSpring shall not be responsible or liable, directly or indirectly, for any damage or loss ca
used or alleged to be caused by or in connection with use of or reliance on any such content, goods and services available on or through any Linked Site.
The TOS shall remain effective until terminated in accordance with its own terms. You agree that SoulSpring, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.
You agree to indemnify, defend, and hold SoulSpring and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from (a) your breach of these TOS, including any violation of the Rules of Conduct set forth, (b) any allegation that any materials that you submit to SoulSpring infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, and (c) your activities in connection with the Site.
9. Proprietary Rights
You acknowledge and agree that the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of SoulSpring or SoulSpring’s licensors. You further acknowledge and agree that content contained in advertisements is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), by posting such Materials to any area of the Site you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. The foregoing license to SoulSpring shall be fully paid-up and royalty free. In no event, however, shall SoulSpring have any obligation to pay a fee to a Member in connection with any transfer of SoulSpring’s business, including without limitation any merger or sale or transfer of all or substantially all of the assets of SoulSpring, nor shall the sale of advertising on any SoulSpring site, including the Site, give rise to any obligation to pay a fee to Member.
None of the Materials disclosed in Message Boards or chats shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Our policy with respect to the collection and use of personal information is set forth at www.soulspring.org
11. Copyright Policy
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 the U.S. copyright law. If you believe in good faith that materials hosted by SoulSpring infringe your copyright, you, or your agent may send SoulSpring notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SoulSpring actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SoulSpring a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; seehttp://www.loc.gov/copyright for details.
12. Disclaimer of Warranties
THE SITE, ANY CONTENT, ALL TOOLS, PRODUCTS OR SERVICES DISPLAYED ON, OR ACCESSED OR OBTAINED ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SOULSPRING AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE AND ACCESS TO AND USE OF THE MEMBER WEBSITES AND ALL TOOLS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOFTWARE, THE SITE , THE MEMBER WEBSITES OR THE SERVER(S) ON WHICH THE SITE AND THE MEMBER WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND ANY MEMBER WEBSITES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND MEMBER WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
13. Professional Advice Disclaimer
Your use of the Site is at your own risk. The relationship between you and SoulSpring is not a physician-patient relationship or a psychotherapist-patient relationship or a priest-penitent relationship. The Site and Member Websites contain information, data, advice, text and other content compiled from a variety of third party sources (“Third Party Materials”). SoulSpring in no way end endorses any of the Third Party Materials. Such Third Party Materials are provided for your convenience, and are solely intended to broaden user understanding and knowledge of religious and spiritual topics.
NOTHING CONTAINED IN THE SITE OR ANY MEMBER WEBSITES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, INCLUDING PSYCHOLOGY, PSYCHIATRY, OR PSYCHOTHERAPY, OR PROVIDING HEALTH CARE ADVICE OR INSTRUCTION FOR DIAGNOSIS OR TREATMENT.
SoulSpring does not recommend the self-management of health or mental health problems. The Third Party Materials are not exhaustive and do not cover all diseases, ailments, physical or mental conditions or their treatments. The Third Party Materials should not be considered complete or up-to-date. You should never disregard medical advice or delay in seeking it because of something you have read on the Site or a Member Website.
14. Limitation of Liability
NEITHER SOULSPRING NOR ITS AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (I) THE USE OF OR INABILITY TO USE THE SITE, MEMBER WEBSITE, OR ANY WEB SERVICE INCLUDING TOOLS; (II) ANY CONTENT CONTAIN
ED ON THE SITE OR MEMBER WEBSITE; (III) STATEMENTS OR CONDUCT ON THE SITE OR ANY MEMBER WEBSITE; (IV) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE OR ANY MEMBER WEBSITE; (V) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR A MEMBER WEBSITE; (VI) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY MEMBER WEBSITE OR OTHER CONTENT OR, (VII) ANY OTHER MATTER RELATING TO THE SITE OR MEMBER WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MEMBER WEBSITE IS TO STOP USING THE SITE OR MEMBER WEBSITE.
15. General Information
The TOS constitute the entire agreement between you and SoulSpring and governs your use of the Site, superseding any prior agreements between you and SoulSpring. The TOS and the relationship between you and SoulSpring shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of law provisions. You and SoulSpring agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the country of New York in the State of New York and any jurisdictional, venue, or inconvenient forum objections to such courts. The failure of SoulSpring to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this TOS and shall not affect the validity and enforceability of any remaining provisions. The section titles in the TOS are for convenience only and have no legal or contractual effect. This TOS is not assignable, transferable or sublicensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach of default.
Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Terms and conditions of use
The contents of the SoulSpring site, including text, graphics, images, and other material are for informational purposes only. Nothing contained in this site is or should be considered or used as a substitute for professional medical or mental health advice, diagnosis, or treatment.
Never disregard medical advice from your doctor or other qualified health care provider or delay seeking it because of something you have read on the Internet, including on the SoulSpring site. We urge you to seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical or mental health condition. In case of emergency, please call your doctor or 911 immediately.
The information contained on or provided through the SoulSpring site is provided on an “as is” basis, without any warranty, express or implied. Any access to this site is voluntary and at your own risk.
SoulSpring.com is a service provided solely by SoulSpring. There are no investors or partners with a financial interest in the information being provided on the site.
SoulSpring does not sell or distribute email addresses. SoulSpring collects aggregate information pertaining to visitors to its network of sites, including domain name, visited pages, referring URLs, and other publicly available information. SoulSpring uses this information to help improve its web site and services, and to customize the content of its pages for each individual consumer.
We do not sell or commercially make available specific information about its users or members other than in aggregate form, except in cooperation with law enforcement bodies in regards to content violations or violations of applicable laws.
The SoulSpring site contains links to websites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement of the contents of those other websites by SoulSpring. SoulSpring is not responsible for the content of any linked websites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party websites using links from this site, you do so at your own risk.
The SoulSpring site is presented for use by the general public without warranty or guarantee. SoulSpring is not liable to any user or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through the site.
We do not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or non-infringement of third parties’ rights, or any warranties of merchantability or fitness for a particular purpose) with regard to the service, or with respect to any information, product, service, merchandise or other material provided on or through the service.
SoulSpring does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any information, services, or other material provided on or through the site. SoulSpring makes no warranty or guarantee that the website will be uninterrupted, timely, secure, or error-free.
In no event shall SoulSpring be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the SoulSpring site or its content, whether based on warranty, contract, tort, or any other legal theory, and whether SoulSpring is advised of the possibility of such damages.