Terms of Service
Thank you for visiting TheSpiritualOwl.com (the “Site”). These Terms of Service (“Terms”) constitute an agreement between you and The Spiritual Owl LLC and its affiliates and subsidiaries (“The Spiritual Owl”, “we” or “us”). The term “you” refers to the person visiting the Site or purchasing products or services from The Spiritual Owl. Your right to use the Site and to purchase products and services from The Spiritual Owl is governed by the Terms as provided below. By accessing, browsing, and/or using our Site via any method, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you must please discontinue use of the Site and the Services (as defined below).
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT SECTION 9 OF THE TERMS INCLUDES AN ARBITRATION AGREEMENT WHICH APPLIES TO US RESIDENTS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND THE SPIRITUAL OWL AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
These Terms also include Purchase Terms that constitute a binding, contractual agreement between you and The Spiritual Owl regarding any purchase that you make on The Spiritual Owl Site. Please review these Purchase Terms before you complete a purchase through our Site.
- USE OF THE SITE; LIMITED LICENSE
The Spiritual Owl owns and operates the Site. The information and content on the Site, including but not limited to the audio and video clips, text, visual interfaces, graphics, logos, icons, images design, compilation, information, data, downloads, computer code (including source code or object code), products, software (including any downloadable software), services, and all other elements of the Site provided by The Spiritual Owl (“Site Content”) are protected by the copyright, trade dress, patent, and trademark laws of the Unites States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws throughout the world. All trademarks, service marks, and trade names are proprietary to The Spiritual Owl or its affiliates and/or third-party licensors. You must retain all copyright and other proprietary notices on copies of any Site Content. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. The Spiritual Owl reserves all rights to the Site Content not expressly granted in these Terms. Subject to the Terms, The Spiritual Owl grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and make personal use of the Site and Site Content.
You must be at least 18 years of age to use the Site and purchase Services (as defined below).
4. SERVICES AND PRODUCTS (AS APPLICABLE)
The Spiritual Owl reserves the right to modify or discontinue Products or Services offered through the Site without notice at any time. We cannot guarantee the accuracy of colours and images of our Products that may be available for sale through our Site or that your computer monitor’s display of any colour will be accurate. We reserve the right to limit the sales of our
Products or Services to any geographic region or jurisdiction. We reserve the right to discontinue or to limit the quantities of any Products or Services that we may offer at any time. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any Product or Service made on this Site is void where prohibited.
All content, communications, interactions, products, services and information presented by The Spiritual Owl, including but not limited to Appointments for services with The Spiritual Owl (defined below), meditations, articles, books, manifestation, practices, tools, & products, inspirational cards, podcasts, downloads, streaming, newsletters, recipes, interviews, residencies, corporate workshops, events, mindfulness/wellness retreats and features is intended to be used for personal entertainment, general information, educational, and informational purposes only. You understand and agree that use of the Site and/or all services, products, communications, content, information or any interactions with or provided by The Spiritual Owl including but not limited to in person Appointments with The Spiritual Owl, meditations, articles, books, manifestation tools, inspirational cards, podcasts, downloads, streaming, newsletters, recipes, interviews residencies, corporate workshops, events, mindfulness/wellness retreats, and features (together “Services”) are not intended as a substitute for, medical, legal, financial, mental health, or other professional advice by appropriate licensed and qualified professionals. You acknowledge and agree that any readings by The Spiritual Owl are strictly for entertainment purposes only and that all other Services are for personal, entertainment, general information, educational and informational purposes only. You expressly accept responsibility for all risks of any kind involved in or arising from your participation in the Services, whether caused, (negligently or otherwise), by you, or any other person, including The Spiritual Owl officers, directors, managers, Members, licensors, licensees, employees, consultants, representatives, agents, parents, affiliates, subsidiaries and/ or related companies, and their respective successors and assigns, (together, the “The Spiritual Owl Parties”). We encourage you to consult with your physician or health care practitioner or mental health provider to address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition before accessing any of the Services including but not limited to any meditation services. The Site and the Services do not replace any medical or mental health professional or medical resource. You understand and agree that The Spiritual Owl is not licensed in California or by another state or country as a medical or mental health professional or physician and that the Services are not medical in nature. You agree, as more fully described in Sections 17 and 18 below, to defend, indemnify and hold harmless, release and discharge The Spiritual Owl from any and all claims, demands, liabilities, costs and expenses which in any way relate to or arise out of the Services.
- In Person and Remote Appointments
The Spiritual Owl offers in person and remote appointments for the Services listed under Offerings on the Site (the “Appointments”). The Spiritual Owl’s Appointments are given with the utmost discretion and confidentiality. Audio and visual recording of an Appointment is not permitted. The Spiritual Owl reserves the right to deny Services or to terminate an Appointment at any time in her sole discretion without any obligation or notice of any kind. Clients may cancel or reschedule an Appointment with at least 48 hours prior notice. Cancellations made with 48 hours prior notice will receive a full refund (less any payment processing fees). Clients will be responsible for full payment of any scheduled Appointment that is not cancelled or rescheduled at least 48 hours in advance of the scheduled appointment time (unless otherwise agreed upon by The Spiritual Owl).
You understand and agree that The Spiritual Owl is not licensed in California or by another state or country as a medical or mental health professional, physician or counsellor and that the Services are not medical in nature. The Spiritual Owl does not provide medical advice, counselling or other professional services or advice. In a reading, The Spiritual Owl may share guidance in relation to specific questions which you have asked. You Acknowledge only you are able to use your own judgement to make decisions and choices for yourself in relation to your questions and life situations and circumstances. The Spiritual Owl makes no guarantee in relation to the information shared during a reading.
We strongly recommend that you do not schedule an appointment with The Spiritual Owl, if you are taking certain types of medications, under the influence of drugs or alcohol or abusing drugs or alcohol. We also recommend that do not schedule an Appointment if you are currently experiencing mental illness and certain mental health conditions. (For residents of the UK: Your statutory rights are not affected)
We encourage you to consult with your physician or health care practitioner or mental health provider to address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition before accessing any of the Services. Any mention of a medical condition during a reading, is not intended as a substitute for, medical, mental health, or other professional advice by appropriate licensed and qualified healthcare professionals. The Services do not replace any medical or mental health professional or medical resource.
You acknowledge and agree that any readings by The Spiritual Owl are strictly for entertainment purposes only and that all other Services are for personal, entertainment, general information, educational and informational purposes only.
For all Appointments with The Spiritual Owl in the United Kingdom: Under current English Law we are obliged to advise you that all readings are for entertainment and experimental purposes only. The Spiritual Owl Parties shall not be held liable or responsible to any person or entity for any loss or damage caused, or alleged to have been caused, directly or indirectly, by or from any guidance given during an Appointment.
- ACCOUNTS AND PRIVACY
- PROHIBITED CONDUCT
The Spiritual Owl Website is a safe and accessible place for you to visit and enjoy. If you use the Site and the Services, you agree that you will not use or access the Site for any purpose that is unlawful or improper; from a jurisdiction where such use or access is not authorized; in violation of any local, state, national, or international law; or prohibited by these Terms. When submitting content or otherwise using the Services, you promise not to: (a) submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law; (b) publish falsehoods or misrepresentations that could damage us,
other users or any third party; (c) publish any private information of someone, like their address, phone number, email address, and similar information without their permission; (d) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate; (e) post advertisements; or (f) upload content that would be harmful to minors in any manner. Any such suspected activity or conduct may be grounds for termination of your use of the Site and our Services or your account may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The Spiritual Owl may have at law or in equity.
- TERMINATION AND MODIFICATION OF THE SITE
At any time and without prior notice The Spiritual Owl may (1) terminate, cancel, deactivate and/ or suspend your access to the Site, your user account, and any orders placed and/or (2) temporarily or permanently discontinue, modify or alter any aspect, feature, product, service or policy of the Site. If we determine that you violated any provision of these Terms, your permission to use the Site will terminate automatically. We also reserve the right to terminate your account or suspend access to the Site if we discontinue the Site, or a part of the Site, or for any reason, with or without notice. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the Site or any suspension or termination of your access to the Site. The Spiritual Owl will not be liable to you or any third party for any termination or modification of the Site or other Services provided by The Spiritual Owl regardless of the reason for such termination, discontinuation or modification. Your only right with respect to any dissatisfaction with any such modification or discontinuation is to cancel or terminate your account or future Services and discontinue using the Site.
- GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be subject to and construed under the laws of the State of California, United States, without reference to the conflicts of law provisions thereof. Before filing a claim against The Spiritual Owl, you agree to attempt to informally resolve your dispute with The Spiritual Owl by contacting us at email@example.com We will respond to you via email to try to resolve the dispute. If the dispute is not resolved within 15 business days of submission, you or The Spiritual Owl may bring a formal proceeding. You and The Spiritual Owl agree that any judicial proceeding to resolve claims relating to these Terms or the Site will be brought in Santa Barbara County, California, United States, subject to the mandatory arbitration provisions for US residents below.
IF YOU’RE A US RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: You understand and agree that all claims, disagreements, disputes or controversies between you and The Spiritual Owl, and The Spiritual Owl Parties shall be resolved by final and binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory. Any controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations are not allowed. The arbitration shall take place in Santa Barbara County, California, United States. The parties voluntarily and knowingly waive any right they have to a jury trial. You may decline this arbitration provision by writing to The Spiritual Owl at firstname.lastname@example.org informing of us of your decision to opt-out of the arbitration provision within 30 days of first accepting these Terms.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE SPIRITUAL OWL ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. INDEED, THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS. RATHER, YOU AND THE SPIRITUAL OWL PARTIES ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND THE SPIRITUAL OWL AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
Notwithstanding the foregoing, either party may bring an individual action in a small claims court for disputes or claims within the scope of such court’s jurisdiction.
- PURCHASE TERMS AND PAYMENTS
The Spiritual Owl may provide you with an option to purchase certain Services for a fee.
THESE PURCHASE TERMS GOVERN YOUR PURCHASES OF ANY MEDITATIONS OR OTHER PRODUCTS OFFERED BY THE SPIRITUAL OWL. EVERY TIME YOU MAKE A PURCHASE THROUGH THE SPIRITUAL OWL, YOU ACKNOWLEDGE AND ACCEPT THESE PURCHASE TERMS.
- Ordering. To order from the Site, you must be eighteen years of age or over and will be required to provide certain requested information to The Spiritual Owl that is needed in order to complete your purchase. All Orders are subject to availability and may be canceled by The Spiritual Owl in its sole and absolute discretion. If your Order is accepted, The Spiritual Owl will inform you by email. You will have the ability to be able to review and accept the fees before you will be charged.
- Pricing and availability. While we try to ensure that all details, descriptions and prices are accurate, errors may occur. If we discover an error in the price of any goods or services that you have ordered, we will inform you as soon as possible and allow you to cancel your order or reconfirm at the new price. The Spiritual Owl is not responsible for any packages lost in transit, to prevent lost packages, please confirm your delivery address at check out.
- Pricing Differences. Unless otherwise prohibited by law, if: (i) the amount you pay for goods or services is incorrect, because of an error in a price posted on the Services or otherwise communicated to you; (ii) the amount you pay for any goods or services is incorrect for any other reason, The Spiritual Owl will have the right to cancel that order and, if your credit card has been charged, refund you the amount that you paid. These remedies will apply regardless of whether the error is attributable to human error or a transactional malfunction of the Services. We reserve the right to adjust pricing and fees at any time and to refuse any order in our sole and absolute discretion.
- Payment. If you elect to make a purchase through the Site, we will charge the payment method you specify at the time of purchase for all initial and additional charges. You agree we may charge all sums as described at the time of purchase or in these Terms to that payment method for the product or service that you purchase. If fees are paid with a credit card, we may get pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to pay for your purchase. The Site may include functionality for activating, updating or canceling recurring payments for periodic charges. If you activate or update recurring payments through the site, you authorise us to periodically charge, on a going- forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. Please note that it may take several business days for any update or cancellation of any existing authorised payment to take effect.
We may, in our sole and absolute discretion, enable you to purchase and/or pay for products or services purchased from the Site through an authorized third party reseller or payment processing firm (including, for example, a telecommunications provider or a mobile app marketplace like Apple iTunes, Amazon, PayPal, or Google Play). Your obligation for payment to, and relationship with, such third party reseller or payment processor is a contractual matter between you and that third party. We are not a party to, or responsible on account of, such contract. We do not control how you can pay that third party or how any refunds may be issued by that third party. Please review the terms of service with that third party carefully. While we select our third party resellers and payment processors carefully, we cannot and do not guaranty their performance. We encourage you to provide any feedback to email@example.com regarding any third party reseller or payment processor, as we very much value your input.
You agree to pay the charges for the products or services purchased from the Site in the currency specified by The Spiritual Owl (or any third party reseller or payment processor), and you assume all risks associated with any changing value in the currency compared with other currencies. Such charges may include VAT and sales tax and certain other taxes or delivery or similar charges applicable to your purchase. If any applicable tax or charge is not charged by us (or a third party reseller or payment processor), you acknowledge that you are solely responsible for paying the tax or other such charge.
- Using the Goods and Services.
For all sales or refund inquiries, please feel free to contact us at mai f you are dissatisfied with your purchase or would like to inquire about a refund. Our decision, if any, to issue a refund shall be made in our sole and absolute discretion and will not entitle you or any other user of the Site to any discounts or refunds in the future for similar events and/or occurrences. Please note, all fees and sales related to downloadable or streamed material are FINAL AND NON-REFUNDABLE to the fullest extent permitted by law. All Purchases are final and not redeemable for cash, unless required by law. You may not transfer, reproduce, resell, modify, or trade the Goods and Services provided herein. For all Meditations purchased through the Site you are delivered a private link, shared by email (“Your Purchased Meditation”) to either stream or download your Purchased Meditation. Your Purchased Meditation is personal to you and cannot be shared with or otherwise shared to anyone else. If The Spiritual Owl learns that you have shared your Purchased Meditation to other individuals, including sharing on the Internet, The Spiritual Owl reserves the right to disable the link to your Personal Meditation (If it is streamed) in its sole and absolute discretion. The Spiritual Owl is not responsible for any losses associated with the delivery of any goods and services purchased hereunder.
(ii) Goods and services purchased will generally be delivered in the manner and timeframe outlined in any order confirmation.
- Disclaimer for Purchases. By purchasing goods and services through The Spiritual Owl, You agree to these Purchase Terms on behalf of yourself and any accompanying minor and you agree that you assume all risks incidental to the goods and services purchased. To the fullest extent permissible under applicable law, The Spiritual Owl disclaims all liability for any warranties express or implied, and you expressly waive any and all claims You might have against The Spiritual Owl Parties that arise as a result of your purchase.
- Disclaimer of Liability for Purchases. Any goods or services purchased through the Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law The Spiritual Owl and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures. The Spiritual Owl, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. All content, products, services and information presented by The Spiritual Owl, including but not limited to your Purchased Meditation, is intended to be used for personal entertainment, general information, and informational purposes only. You understand and agree that your purchase and/or all services, products, communications, or any interactions with or provided by The Spiritual Owl including but not limited to your Purchased Meditation are not intended as a substitute for, medical, legal, financial, mental health, or other professional advice by appropriate licensed and qualified professionals. You expressly accept responsibility for all risks of any kind involved in or arising from your participation in your purchase, whether caused, deliberately or negligently, by you, or any other person. We encourage you to consult with your physician or health care practitioner or mental health provider to address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition before accessing any of your purchases including but not limited to your Purchased Meditation. Your purchase does not replace any medical or mental health professional or medical resource. You understand and agree that The Spiritual Owl is not licensed in California or by another state as a medical or mental health professional or physician and that the services are not medical in nature. You agree to defend, indemnify and hold harmless, release and discharge The Spiritual Owl Parties from any and all claims, demands, liabilities, costs and expenses which in any way relate to or arise out of your purchase as more fully described below.
- THIRD PARTY FEES
You are solely responsible for all third party charges and fees associated with your use and accessing the Site, such as but not limited to internet service provider fees, telephone and computer equipment charges, and taxes.
- USER CONTENT AND SUBMISSIONS
You agree that you are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize The Spiritual Owl and users of the Site to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by The Spiritual Owl, the Site, and these Terms; and (2) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) violate or cause The Spiritual Owl to violate any law or regulation. You agree to pay for any and all royalties, fees, or other monies owing any person by reason of User Content you post on or through the Site.
We are under no obligation to edit or control User Content that you or other users post or publish, and we will not be in any way responsible or liable for User Content. The Spiritual Owl reserves the right, at any time and without prior notice, to screen, remove, edit, or block any User Content that in our sole and absolute judgment violates these Terms or is otherwise objectionable. You understand that when using the Site, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be objectionable. To the fullest extent allowed under applicable law, you agree to waive, and do waive, any legal or equitable right or remedy you have or may have against The Spiritual Owl with respect to User Content. We expressly disclaim any and all liability in connection with User Content, to the fullest extent allowed under applicable law.
- COPYRIGHT NOTICES OR COMPLAINTS
We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA”) applicable to our operations (17 U.S.C. §512, as amended). If you have an intellectual property rights related complaint about material posted on the Site, you may contact us by mail: The Spiritual Owl, located at: P.O. Box 922, Venice, CA, 90294 and by email: firstname.lastname@example.org Please note that if you knowingly give false, misleading or inaccurate information that content is infringing, you may be subject to civil or criminal penalty. Any notice under DMCA alleging that materials hosted by or distributed through the Site infringe intellectual property rights must include all of the information required by the DMCA.
- USER FEEDBACK
If you provide The Spiritual Owl with any comments, questions, suggestions, ideas, bug or system problem reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), The Spiritual Owl shall have the right to use such Feedback at its sole and absolute discretion, including, but not limited to, the incorporation of such suggested changes into the Site or the offered products. You hereby grant The Spiritual Owl a perpetual, irrevocable, worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
- OTHER WEBSITES AND APPLICATIONS
Through the Site we may provide you with links to other websites and applications for your convenience. These websites and applications may be third parties and independent from us with their own privacy policies and rules and we do not review, approve, monitor, endorse,
warrant, or make any representations with respect to third-party web sites. You agree that with regard to any third-party websites or applications that are not owned or controlled by us, we are not responsible for the sites’ or applications’ content, any use of the sites or applications, the sites’ or applications’ practices, or the privacy practices of the sites or applications. If you use a third- party website or application and allow them to access your personal information, you do so at your own risk. ACCESS AND USE OF THIRD PARTY WEBSITES OR APPLICATIONS, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON SUCH WEBSITES OR APPLICATIONS OR AVAILABLE THROUGH SUCH WEBSITES OR APPLICATIONS, IS SOLELY AT YOUR OWN RISK.
- MODIFICATIONS TO THE TERMS
We may amend, change, add or delete portions of these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Your continued use of the Site following any change to these Terms will constitute your assent to and acceptance of the revised Terms. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account or discontinue your use of the Site. To cancel your account, you can send mail to The Spiritual Owl, located at: P.O. Box 922, Venice, CA, 90294 or email: email@example.com
- INDEMNIFICATION; HOLD HARMLESS
You acknowledge and agree that, to the fullest extent permitted under applicable law, you are responsible for your use of the Site and the products or related services, and you will indemnify, hold harmless, and, if so directed by The Spiritual Owl Parties from and against every responsibility, claim, liability, action, suits, procedures, damage, loss, costs, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. To the fullest extent permitted under law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). You agree to cooperate with our defense of that claim.
- DISCLAIMERS; NO WARRANTIES
THE SITE AND ANY DOWNLOADABLE/STREAMING DATA, CONTENT, PRODUCTS, SERVICES AND MATERIALS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE SPIRITUAL OWL PARTIES DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, RELATING TO THE SITE AND ANY DOWNLOADABLE/STREAMING DATA, CONTENT, PRODUCTS, SERVICES AND MATERIALS AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, THE SPIRITUAL OWL PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE/STREAMING DATA, WEBSITE, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE/ STREAMING DATA, WEBSITE, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE
IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR SOFTWARE BUGS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE/STREAMING DATA, WEBSITE, CONTENT, SERVICES, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD/STREAMING OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD/ STREAMING OF SUCH MATERIAL OR DATA. SOME STATE LAWS PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE SPIRITUAL OWL PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SPIRITUAL OWL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIABILITY OF THE SPIRITUAL OWL PARTIES TO YOU IS LIMITED TO $100 OR THE AMOUNTS, IF ANY, PAID BY YOU TO USE THE SITE OR TO PURCHASE PRODUCTS OR SERVICES FROM THE SITE AND THE SPIRITUAL OWL, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER THE SPIRITUAL OWL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY TO YOU TO THE EXTENT PERMITTED IN SUCH JURISDICTION. FURTHERMORE, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, SUCH AS LIABILITY FOR INTENTIONAL VIOLATION OF THESE TERMS. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES OR OTHER LOSSES THAT ARISE OUT OF THE ACTS OR OMISSIONS OF THE SPIRITUAL OWL PARTIES, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OF ANY KIND. BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT
ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE SPIRITUAL OWL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE SPIRITUAL OWL FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
- FORCE MAJEUR
The Spiritual Owl shall be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a force majeure or any other causes unforeseen by The Spiritual Owl and beyond our control.
- ENTIRE AGREEMENT; ADDITIONAL TERMS
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The Site is offered by The Spiritual Owl, You may contact The Spiritual Owl, by writing to us at: The Spiritual Owl, P.O. Box 922, Venice, CA, 90294 or emailing us at: firstname.lastname@example.org If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the Site or to receive further information.