These Terms of Service ("Terms") govern your access to and use of our website, www.souleminence.com, which are operated by us, Soul Eminence Center. The Service is made available to persons, businesses, organizations or other entities ("Clients"), as a fee-based single, multi or custom subscription ("License"). This License can be used, in adherence to the Terms, by Clients, their administrators, other personnel, customers and other associates of Clients that they authorize to make use of the Service under their License ("Users"). Each Client’s and each User’s access to and use of our Service is conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By accessing and/or using our Service, you are agreeing to be bound by these Terms of Service, which constitute a binding legal agreement between us. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE YOU MAY NOT ACCESS OR USE THE SERVICE.
Our Service allows Users to create a personal profile and provide informational content, including photos, videos, and other materials ("Content") about themselves, which may be viewed and commented on by other users. Content may be available to other users on the platform, depending on the chosen content privacy settings that the client chooses. If you do not wish others to see your Content you should not post it through our Service.
Our Service may change from time to time, or we may stop (permanently or temporarily) providing the Service (or any features within the Service) to specific Clients, specific Users or to Users generally. We retain the right to create limits on access and use of the Service and/or to charge Clients a fee for the use of certain customized features, which we may decide to do at any time, although, in either case, we will provide you with prior notice on our website before such limits or fees take effect.
Creating an Account
In order to use the Service, each Client must register, create an account ("Account") and select a personal username and password. We reserve the right to reject any username or password we deem to be inappropriate. In creating an Account, each Administrator and User represents that they are of legal age to form a binding contract (as described below in "Account Terms") and are not a person barred from using the Service under the laws of the United States or other applicable jurisdictions. When creating an Account, Administrators and Users may be required to provide certain personal information about themselves. As a condition to their use of the Service, each User and Administrator agrees to provide accurate, current and complete information about themselves. We reserve the right to require a client to appoint a new Administrator, or to suspend or terminate a User’s Account, if any information they provide during the registration process or thereafter proves to be inaccurate, false or misleading. Users are responsible for maintaining the confidentiality of their password and for the activities that occur under their Account.
The following terms apply to the use of the Service and any Account that an Administrator or other User may open or attempt to open:
You represent and warrant that you are at least 16 years of age. If you are under age 16, you must have your parent or guardian’s permission to use the sites and you represent and warrant that you have obtained such permission. Children under the age of 13 may not use the sites or register for an Account. We will not be responsible for any damages that may result from misrepresentation of age by a User.
You must be a human to open an account. Accounts registered by "bots" or other automated methods are not permitted.
You are responsible for maintaining the security of your Account and password. We view any actions taken by your Account as taken by you. Soul Eminence Center will not be liable for any loss or damage from your failure to comply with this security obligation.
If we do not receive payment from your payment provider, you agree to pay all amounts due on your account upon demand and we may temporarily suspend or terminate your access to the Service for nonpayment. Your non-termination or continued use of the Service reaffirms that we are authorized to charge your payment provider.
Cancellations and Refunds
Soul Eminence Center is not responsible or liable for any refunds on services/ sessions that have been rendered. All services are offered AS IS without any representations or warranties.
We may make available to Clients certain added or customized features and services that are supplemental to the features included in our standard Service offering ("Premium Services"). The terms applicable to Premium Services are subject to a separate agreement between Soul Eminence Center and the Client.
The Client shall pay all applicable transcation fees for any sales that they make on Soul Eminence Center website. All fees can be viewed before transcations are completed at checkout
Clients must provide Soul Eminence Center current, complete, and accurate billing and payment information regarding their Account, and promptly update such billing and payment information with us in the event of any changes. Clients must also provide Soul Eminence Center with a preferred payment method. A client’s monthly or yearly licensing fee will be billed as set forth in either its SAAS Services Order Form through the payment method it selects, the scope of work agreement entered into by Client with Soul Eminence Center, or in Client’s platform subscription License sign up. We reserve the right to change the timing of our billing, in particular, as indicated below, If your invoice is not paid through the payment method you select, we will bill you directly and payment is due on demand.
No Refunds for Package Plans
Payments for Soul Eminence Center package plans are generally non-refundable. We do not give refunds or credits for unused or partially used plans unless special circumstances apply and Soul Eminence Center, in our sole discretion, approves the refund or credit.
Privacy and Security
Some clients may choose to use technology in their services. This includes but is not limited to online services via Skype, Go to Meeting, telephone, email, text or chat. Due to the nature of online treatment, there is always the possibility that unauthorized persons may attempt to discover your personal information. Soul Eminence Center will take every precaution to safeguard your information but cannot guarantee that unauthorized access to electronic communications could not occur. Please be advised to take precautions with regard to authorized and unauthorized access to any technology used. Should a client have concerns about the safety of their email, Soul Eminence Center can arrange to encrypt email communication with you.
Soul Eminence Center requests client’s email addresses. Clients have the right to refuse to divulge their email address. Soul Eminence Center may use email addresses to periodically check in with clients, send updates on progress with client consent, and send newsletters with valuable information.
Soul Eminence Center keeps records of your services. This includes intake paperwork, progress notes, and other documentation. These records are kept to ensure progress is being made. They will not be shared except with respect to the limits to confidentiality discussed in the confidentiality section. Should the client wish to have their records released, they are required to sign a release of information that specifies what information is to be released and to whom. Records will be kept for at least 7 years but may be kept for longer. Records will be kept either electronically or in a paper file and stored in a locked cabinet in the office.
From time to time, we may offer trials of paid subscriptions for the service Soul Eminence Center offers for a specified period without payment or at a reduced rate (a "Trial"). Soul Eminence Center reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
Specific Rules for Users
When a User enrolls in a session(s) that is/are available via our website, that user agrees to the following rules:
You will follow all reasonable rules set by a counselor with respect to a session, and you will not take any actions to interfere with the counselor.
You will not copy any materials for purposes of your own or others’.
Soul Eminence Center reserves the right to delete or suspend your Account if you violate any of our rules, or at any time and for any reason.
The Service enables Users and Administrators to submit, post and upload information, materials and other content ("Content"). You are responsible for the Content that you post, upload or submit to the Service, including its legality, originality, reliability, and appropriateness. By submitting, posting or displaying any Content on or through the Service, you grant us the right and License to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You specifically agree that the License pursuant to which you access the Service gives Soul Eminence Center the right to make your Content available to other Users accessing the Service under the same License, who may also use your Content subject to these Terms of Service. You also agree that in posting such content, you give the right to other users to download said content. You are responsible for protecting all of your rights to any Content you submit, post or display on or through the Service. You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of Content may continue to exist on the Service and/or elsewhere. We have no responsibility or liability for the removal or deletion of, or the failure to remove or delete any Content on the Service.
We ask that you respect other users when posting Content and using the Service. When submitting Content to or otherwise using the Service, you agree not to:
submit material that violates a third party’s proprietary rights, including copyright, privacy and publicity rights, or that otherwise violates any applicable law;
publish falsehoods or misrepresentations;
post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals; or
post or otherwise make publicly available any personal or financial information of any person or entity for which you do not have the right or permission to do so.
This list is an example and is not intended to be complete or exclusive. We may, but are not obligated to, monitor or control the Content posted via the Service. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.
Content on the Service
Soul Eminence Center is not responsible for any Content. The Content available through the Service is not reviewed, verified or authenticated by Soul Eminence Center before it is posted, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with the Service, or any Content, relating to the quality, suitability, truth, accuracy or completeness of any Content.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent by email to email@example.com.
The Service may be used and accessed for lawful purposes only. By using the Service, Administrators and other Users agree not to do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms of Service; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.
Sanctions and Export Policy
No person that is the subject of any sanctions issued by the United States of America may use the Service.
By using the Service, all Clients, Administrators and Users agree to indemnify and hold Soul Eminence Center and its members, managers, officers, employees and agents harmless from and against any and all costs, damages, losses liabilities, and expenses (including but not limited to attorneys' fees and other litigation expenses) we incur in relation to, arising from, responding to or attempting to avoid, any claim or demand (1) from a third party that your Content or your use of the Service (including by any person using your Account and/or user name and/or password) violates any applicable law or regulation, or the rights of any third party or (2) attributable to your breach of any provision of these Terms of Service or your SAAS Service Agreement, or other agreement with Soul Eminence Center .
Links to Third Party Sites
The Service may include links to other sites that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.
If any Client, Administrator or User breaches any of these Terms of Service, we have the right to limit, suspend, disable or terminate your access to or use of the Service, at our sole discretion and without prior notice to you. We will not be liable to you or any third party for termination of your access or use of the Service. Any suspension or termination will not affect your obligations to us under these Terms of Service Agreement or other agreement with us which by their sense and context are intended to survive such suspension or termination.
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, we exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Any comments, suggestions, and feedback ("Feedback") about the Service that you provide will be our property, to use however we choose and you assign us, all right, title and interest worldwide in such Feedback.
Your use of the Service is at your own risk. THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. We will not be responsible for any harm to your computer, mobile device or tablet computer, loss of data or other harm that results from your use of the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
The presence of a business on the Service does not imply or constitute any endorsement by us. In addition, we do not verify that any Content that has been submitted by our users (or any claims that are made) is complete, accurate, or reliable, and there is no guarantee that the information has been independently checked or verified by us or any other person or entity.
Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE AND IN NO EVENT WILL IT EXCEED $50. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OF ANY USER ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE; AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, AND IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOUL EMINENCE CENTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE AND \ OR OTHER AGREEMENT WITH A CLIENT (ONLY WHEN APPLICABLE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms will be governed by and construed in accordance with the laws of the State of Arizona, without regard to or application of conflict of laws rules or principles. The exclusive venue for any and all disputes related to or arising from the Service or these Terms of Services shall be the State and Federal courts situated in the State of Arizona. You waive all rights to a trial by jury with respect to any such dispute. All dispute resolution proceedings shall be conducted only on an individual basis and not in a class, consolidated or representative action. Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. These Terms of Service or other contracts you enter into with us with regard to the Service and other policies that are posted on our website from time to time) constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements between us regarding the Service. There are no third party beneficiaries of these Terms of Service. We may revise these Terms of Service from time to time, and recommend that you regularly check our website for updates By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service.
Users may not assign any of their rights or delegate any of their responsibilities set forth in these Terms of Service.
Soul Eminence Center is not liable for any delays or unavailability of the Service due to causes beyond our reasonable control, including, without limitation, interruption of the Internet or other public telecommunication modes, acts of God, third party product or service failure, acts of any civil or military authorities, natural catastrophes, fires, epidemics, acts of war, acts of terrorism, or acts of civil unrest.
As used in these Terms of Service, the words "you" or "your" may refer to a Client, an Administrator or a User, as the context requires, and the word "us" refers to Soul Eminence Center .
If you have any questions regarding these Terms please contact us at firstname.lastname@example.org.
Effective: November 1, 2022