JLC Healing Spirit Corp.
Terms of Service
Last Updated on January 26 2021
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER HEALINGSPIRIT.ME OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of www.healingspirit.me or other sites to which these Terms are linked (each, a “Website”), owned and maintained by JLC Healing Spirit Corp., also known as Healingspirit (“Healingspirit,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND/OR YOUR BUSINESS (“YOU”) AND HEALINGSPIRIT. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY HEALINGSPIRIT, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
SECTION 1 – WEBSITE USE
The Website is intended for adults or businesses operated by adults. If you use the Website, you are affirming that you are at least eighteen (18) years old or the legal age of majority in your country of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS - LICENSE TERMS
All aspects of our Website are protected by Canadian and international copyright, trademark, and other intellectual property laws, including, but not limited to, all content, information, design elements, text material, logos, trade names, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, presented, posted, or transmitted in any way whatsoever without the prior written consent of Healingspirit. The Healingspirit trademark, trade name, and logo are proprietary marks of Healingspirit, and the use of those marks is strictly prohibited. Nothing herein gives you any ownership rights in or the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Healingspirit.
Subject to your continued strict compliance with these Terms, Healingspirit provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any Healingspirit materials protected by intellectual property laws.
You agree not to use or attempt to use the Website, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Healingspirit. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware.
SECTION 3 – OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement, which may be viewed at www.healingspirit.me. Healingspirit reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at firstname.lastname@example.org in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, Canadian Dollars.
Where Healingspirit is offering a seminar, class, or other in-person or virtual session or course, where enrolment in any session is below an amount decided by Healingspirit at its sole discretion, Healingspirit reserves the right to refuse service and provide a full refund for any individual already enrolled in that session. Furthermore, Healingspirit may limit enrolment in any session. Individuals will be enrolled into a session on a first come first serve basis. Where that limit has been reached, Healinspirit reserves the right to refuse service and provide a full refund for any individual enrolled in excess of that limit.
Healingspirit reserves the right to change the time and/or location at which any session is administered and/or method in which it provides the session at any time. Healingspirit also reserves the right to change the session curriculum or materials at any time, provided that such change does not materially degrade the educational value of the session. Healingspirit will notify any individuals affected by any such changes.
SECTION 5 – REFUNDS FOR PHYSICAL GOODS
If you have purchased a “physical good” (for example, a book or other tangible product) from Healingspirit or any related brands or third parties through our Website, you may receive a limited refund, at the sole discretion of Healingspirit, if you comply with the following conditions (unless otherwise specified):
• You must request a refund in writing by contacting email@example.com;
• Your request for a refund must be made within thirty (30) days of your purchase; and
• You must return the physical goods to Healingspirit immediately, according to the shipping and other instructions you will receive by email after requesting a refund, at your sole cost;
The physical goods must be returned to Healingspirit in like-new, or re-sellable condition, as determined in Healingspirit’s sole, reasonable discretion. Upon satisfactory completion of he above conditions, at the sole discretion of Healingspirit, you may receive your limited refund.
SECTION 6 - TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
Where we offer you a free trial of any product or service, such free trial will start immediately after your registration and continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions are only available to new subscribers and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a free trial subscription from Healingspirit do not qualify for a further free trial period.
Healingspirit will email a reminder to you that your trial is ending at least seven (7) days prior to you being charged a monthly/annual membership fee. If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least twenty-four (24) hours before your free trial period ends by submitting a cancellation request to us via our support email address firstname.lastname@example.org, or by cancelling your free trial through your Account Dashboard, as detailed here. If you do not contact us at least twenty-four (24) hours before your free trial period ends to cancel, your subscription will automatically continue as a monthly/annual subscription and the payment card that you provided at the time of enrollment online will be charged the full program monthly/annual membership subscription rate provided at the time of enrollment each month until you cancel. Healingspirit can change the monthly/annual membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel any Healingspirit subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address email@example.com or through your Account Dashboard, as detailed here. For monthly/annual subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Healingspirit. For annual subscriptions, we also require at least ten (10) days’ notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund but we will provide you with a credit towards other Healingspirit subscription services. Healingspirit in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 7 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
All Healingspirit subscribers are responsible for paying all sums due to Healingspirit in connection with their monthly/annual subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly/annual fee is a condition of access, or after the free trial ends (if applicable) and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Healingspirit user to use any of the services available through the service provided by Healingspirit does not relieve the Healingspirit subscriber of his/her payment obligations under these Terms.
Potential users can pay by credit card or debit card or some other payment method as authorized by Healingspirit. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly/annual basis and for a specific amount).
IF YOU ARE A HEALINGSPIRIT SUBSCRIBER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO HEALINGSPIRIT, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY EMAILING INFO@HEALINGSPIRIT.ME AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
Healingspirit reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Healingspirit starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.
In addition to any Fees, Healingspirit may also charge applicable value added or other tax.
SECTION 8 – SHIPPING FEES
Unless otherwise stated on the Website, at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change and as such, Healingspirit is not liable for any delayed or missed delivery dates. If your order will be delayed as a result of Healingspirit’s action or inaction, we will contact you at the email address you provided when placing your order. If we are unable to contact you or you would like to cancel your order as a result of a delay caused by Healingspirit, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third party carrier.
SECTION 9 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at Healingspirit.me. Healingspirit may also offer additional products and services through other sites to which it owns or controls; such sites are also governed by the terms herein. Healingspirit reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
You acknowledge and agree that if you join any event hosted by Healingspirit, those services you purchase do not include travel, food, or lodging, and such travel, food and lodging expenses incurred by you shall be your responsibility and shall be in addition to any costs or fees associated with the program or service. You acknowledge that the content of Healingspirit events, including without limitation, the materials, document, and information provided to you as education, is confidential and proprietary to Healingspirit; accordingly, you agree that you shall not communicate, reproduce, copy, distribute, republish, uploaded, display, present, post, or transmit the teachings, materials, documents or other information acquired or learned from Healingspirit services to any other person or entity.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Healingspirit to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Healingspirit services, and unless you terminate your subscription as provided herein, you agree that Healingspirit may charge you monthly/annually for the products and services you have selected, and you consent to any price changes for such services after email notice has been provided to you.
Healingspirit shall take reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instruction as to whether you would like to purchase the item at the correct price, or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Healingspirit does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Healingspirit’s descriptions of, or references to, products or services not owned by Healingspirit are not intended to imply endorsement of that product or service, or constitute a warranty by Healingspirit.
SECTION 10 – DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY
Every individual or business is different, employing different strategic approaches and organizational structures and offering different products and services. Therefore, individual results will vary from user to user of the services and good provided by Healingspirit.
YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOU.
Healingspirit does not promise, guarantee, or warrant your personal or business success. You should purchase with the understanding that using the information and services purchased will take varying lengths of time and effort and may be more applicable in some situations and less in others. Healingspirit does not offer any medical, tax, accounting, financial, or legal advice. You should consult your physician, accountant, attorney, financial advisor, or other expert for advice on these topics.
Any and all instruction, opinion, advice, or information made available as part of the services or sessions provided by Healingspirit or by Healingspirit is for general educational purposes only. Healingspirit does not provide any representation, warranty, or guarantee to you that you will achieve any level or degree of success.
SECTION 11 – YOUR RESPONSIBILITIES
You agree that you will only use Healingspirit products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You agree to indemnify Healingspirit as set out in Section 20 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Healingspirit as a result.
SECTION 12 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Healingspirit is pleased to hear from users and customers and welcomes your comments regarding our services and products. Healingspirit may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Healingspirit's services or products, in printed and online media, as Healingspirit determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and/or your business may have using our services or products. As set forth above in Section 11, your results will vary depending upon a variety of factors unique to you beyond Healingspirit’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant Healingspirit a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, Healingspirit reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Healingspirit shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 13 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM, ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 14 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL HEALINGSPIRIT OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT INCLUDING THE PRIVACY STATEMENT AND DPA, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF ANY SERVICE OR PRODUCT, REGARDLESS OF WHETHER HEALINGSPIRIT HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL HEALINGSPIRIT'S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU TO HEALINGSPIRIT FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST HEALINGSPIRIT OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
Healingspirit is not liable or responsible for any products or services, including those required to be purchased for use in and session or course provided by Healingspirit, produced by any third party. Healingspirit makes no representation, warranty, or guarantee as to the truth or accuracy of any information contained, espoused, suggested, set out, or otherwise communicated in or by such products or services. Healingspirit does not endorse or vouch for any such products or services. Healingspirit is not liable or responsible for any acts or omissions of any third party. If you purchase or use any products or services produced by any third party, you do so at your own risk.
In consideration for the enrolment of you into any session or course provided by Healingspirit or entering into a membership in Healingspirit, you agree to: (i) release Healingspirit from any cause of action that may arise from the purchase or use of any products or services produced by any third party, and (ii) indemnify and hold harmless Healingspirit from any claims, damages, loss, liability, charges, and costs (including all legal costs) that may arise as a result of the purchase or use of any products or services produced by any third party.
SECTION 15 – HEALINGSPIRITS’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Healingspirit, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Healingspirit or a third-party, Healingspirit shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Ontario, Canada, restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Healingspirit from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Ontario, Canada for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 16 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Healingspirit, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the products or services, (2) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (3) your violation of any law or the rights of a third-party.
SECTION 17 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringe any copyright you own, you or your agent may send Healingspirit a notice requesting that Healingspirit remove the materials or content from the Website. If you believe that Healingspirit has wrongly filed a notice of copyright infringement against you, you may send Healingspirit a counter-notice. Notices and counter-notices should be sent to Healingspirit, Attention Legal Department, 1 Leonard Ave., Penetanguishene ON Canada L9M 1C8, or by e-mail to firstname.lastname@example.org.
SECTION 18 – THIRD-PARTY LINKS
The Website may contain links to other websites. Healingspirit assumes no responsibility for the content or functionality of any non-Healingspirit website to which we provide a link. Please see our Privacy Statement for more details.
SECTION 19 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin accessing or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Healingspirit or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 1, 2, 3, 10, and 12-29 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Healingspirit. Upon termination, you remain responsible for any outstanding payments to Healingspirit.
SECTION 20 – NO WAIVER
No failure or delay on the part of Healingspirit in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Healingspirit.
SECTION 21 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement, or any matter concerning Healingspirit, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of the province of Ontario without regard to its conflicts of laws principles.
SECTION 22 – FORCE MAJEURE
Healingspirit will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 23 – ASSIGNMENT
Healingspirit may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Healingspirit's (or its assigns’) express written consent.
SECTION 24 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with Healingspirit through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 25 – CHANGES TO THE AGREEMENT
We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes (including by links) to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 26 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (3) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Healingspirit has the right to rely upon all information provided to Healingspirit by you, and Healingspirit may contact you, your business, and any subaccounts you create by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
SECTION 27 – SEVERABILITY
If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 28 – ENTIRE AGREEMENT
These Terms and the Privacy Statement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Healingspirit and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Healingspirit. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 29 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an email to email@example.com.
If you have any questions or inquiries concerning these Terms, you may contact Healingspirit by email at firstname.lastname@example.org, or by regular mail at 1 Leonard Ave. Penetanguishene Ontario Canada L9M 1C8.
Notices may be made by posting a notice (or a link to a notice) on www.healingspirit.me and such other sites we own and control, by email, or by regular mail, at Healingspirit's discretion.
Copyright 2021 - JLC Healing Spirit Corp. - All Rights Reserved