Terms + Conditions
Thank you for using our products and services. By using or visiting sedonahealingarts.com (the "Site") or any products, software, data feeds, and services provided to you on, from, or through the Site (collectively the "Services"), you signify your agreement to these terms of use (the "Terms"). Please read them carefully.
1. Definitions of parties and related persons.
The term "we," "us," "our," and "ours," and other first-person personal pronouns shall mean and refer to Sedona Healing Arts operating the website sedonahealingarts.com, and its members, successors, assigns, affiliates, subsidiaries, and business licensors (collectively and individually referred to herein as "Sedona Healing Arts"). The terms "you", "your", "yours", and other second-person personal pronouns mean and refer to all persons who use or visit the Site, or any products, software, data feeds, and services provided by Sedona Healing Arts.
2. Changes to Terms of Use.
We may change these Terms at any time by notifying you of the change in writing or electronically (including without limitation, by e-mail or by posting a notice on the Site that these Terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to the link to these Terms at the bottom of every page. You signify that you agree to be bound by such changes by using a Service after changes are made to these Terms.
3. Limitations on use.
a. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
b. The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Sedona Healing Arts in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Sedona Healing Arts in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Sedona Healing Arts. You agree not to post any Content (other than headlines from our RSS feed with active links back to the full article on the Service) to Weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent. You may not build a business utilizing the Content, whether or not for profit. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Sedona Healing Arts in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
c. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate these Terms. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
- 4. Paid Services
- While it is our mission to provide users with as many content choices as possible, sometimes that involves giving users the choice of paying a fee in order to access Content that Sedona Healing Arts would not otherwise be able to make available without charging a fee. Accordingly, access to the Content in the Paid Services may require payment by you of a subscription fee. You agree to pay the subscription fees and any other fees for additional Services you may purchase and any applicable taxes in connection with your use of Paid Services at the rates in effect when the charges are incurred. If your subscription includes access to areas containing Premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must contact Sedona Healing Arts to alert us to the problem. When a purchase is made, Sedona Healing Arts will send you an E-mail link to verify your E-mail address. If you subsequently change E-mail addresses, you acknowledge that it is your responsibility to change your E-mail address at sedonahealingarts.com. If you stop receiving the Content, it is your responsibility to contact Sedona Healing Arts to investigate. You also pledge to do everything in your power to make sure that the E-mails can get through your company's E-mail filters. You agree that your Paid Services account is for individual use only and your Paid Services account is limited to only one simultaneous stream at a time. You also agree that you are voluntarily choosing to purchase this Content and that Sedona Healing Arts makes no promises that you will like the Content or agree with the Content. If you choose to cancel your subscription for Paid Services, you must do so in writing and you understand that no refunds will be granted for any Content you have received. If you cancel a subscription before it's completed, you understand that you will only be refunded for the unused portion of the subscription.
- 5. Provisions for Automatic Membership Subscription Only
- Certain Paid Services (including Premium Membership) are provided in the form of an automatic monthly/yearly membership subscription ("Automatic Membership Subscription"). If Automatic Membership Subscription applies to a particular Paid Service, this Website will specify that. By providing a credit card or other payment method accepted by us ("Payment Method") for your Automatic Membership Subscription, you are expressly agreeing that we are authorized to charge you a monthly/yearly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Site. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the Site. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly/yearly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. We automatically bill your Payment Method each month/year on the calendar day corresponding to the commencement of your subscription (each such month, a "Monthly/Yearly Period"). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the amount billed each Monthly/Yearly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If we change the subscription fee or other charges for any Automatic Membership Subscription from time to time, we will give you advance notice of these changes by email. Your Automatic Membership Subscription will continue in effect on a month-to-month/year-to-year basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly/Yearly Period in order to avoid the next billing. We will bill the monthly/yearly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current Monthly/Yearly Period, which means that you will have continued access to the Paid Services for the remainder of that period, but you will not receive a refund.
- 6. Risk of Loss
- All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
7. Return & Refund PolicySedona Healing Arts appreciates your business and wants you to be happy. So, if you are not entirely satisfied with your purchase, we are here to help.a. General Returns:There are some important things to keep in mind when returning a product you purchased from Sedona Healing Arts:
You have 21 calendar days from the date of purchase to initiate a return.
To be eligible for a return, your item must be in its new and unused condition, with all original materials and packaging.
We reserve the right to NOT accept a return for any opened package if it cannot be resold.
Your item must be accompanied by a copy of your receipt or proof of purchase.
NO returns will be accepted without our prior approval, so it is very important that you initiate a return by contacting us at contact@sedonahealingarts.com or 928-282-3875..
b. Returns Due to Defect and Error:Within 21 calendar days of purchasing an item, you may return it without penalty if it is a defective item, an incorrect item or an item that was damaged at the time you received it. When you contact us to initiate this type of return, please notify us of any damage and send us a photo. If a return is a result of our error or a defective product, we will provide a return label for the return of the item.c. How to Return an Item:We recommend that you return to us via a trackable method. Re-pack your return along with your receipt. You may use the original box. Please send it to our warehouse, directly to:Kristen Sommer201 Highway 179 Sedona, AZ 86326*Remember, prior to shipping you must initiate a return by contacting us at contact@sedonahealingarts.com or 928-282-3875.d. General Refunds:Once we receive your item, we will inspect it and provide a replacement or issue a refund. We will do our best to issue a refund within 10 business days of receiving your item. If the product is not defective, return shipping fees will apply and, if applicable, will be deducted from any refund. We reserve the right to reduce any refund based on the condition of the merchandise received by us.e. Refunds for Digital Purchases:If you purchase an online course and are not satisfied you may request a refund within 30 days of purchase. We will do our best to issue a refund within 10 business days of receiving your request. Audio and Video Downloads are not eligible for refunds.
- 8. Gift Certificates
- Gift certificates purchased on the Site (the "Gift Certificates") may only be redeemed toward the purchase of eligible Services on the Site. Redemption of Gift Certificates is subject to change in our sole discretion. If a purchase exceeds the redeemer’s Gift Certificate balance, the remaining amount must be paid with another payment method. Gift Certificates do not expire. However, Gift Certificates cannot be refunded, reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, either prior or subsequent to redemption, unless otherwise required by applicable law.
- 9. Your Account
- In order to access some features of the Services, you will have to create a Sedona Healing Arts account. You must not use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Sedona Healing Arts immediately of any breach of security or unauthorized use of your account. Although Sedona Healing Arts will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sedona Healing Arts or others due to such unauthorized use.
- 10. Collection and Use of Personal Information
- For information about Sedona Healing Arts' policies and practices regarding the collection and use of your personally identifiable information, please read Sedona Healing Arts’ Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your use of the Services are governed by the Privacy Policy in effect at the time of your use.
- 11. Community Area
- We require you to register and create a user name to have access to our community area. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
12. User Generated Content a. User Content. Any text, photos, videos or other types of content you post or upload to the Site in connection with the use of the Services, including feedback, or in the creation of a user account (“User Content”) is subject to the various terms and conditions set forth below.
b. Our Use of User Content. Except as provided in the Privacy Policy, the User Content you provide is deemed non-confidential; such User Content is also deemed non-proprietary. You hereby authorize Sedona Healing Arts to use or display any such User Content without restriction, and without giving notice and/or payment to you, for any business purpose on the Site, in the Services, on our social media page, in our digital newsletters, and any other online or offline marketing material. Sedona Healing Arts takes no responsibility and assumes no liability for any User Content posed or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Sedona Healing Arts may, though it is not required to, monitor or remove any User Content or other information submitted by you or any other user for any reason and without notice. This includes all materials related to your use of the Services or membership, including E-mail accounts, postings, profiles or other personalized information you have created in connection with your use of the Services.
13. Rights You Grant Us.
In consideration for your use of the Site and its Services and any rights granted to you under the Terms and Privacy Policy, you grant Sedona Healing Arts a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, perform, display, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Site or its Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. You represent and warrant that: (i) you own all User Content posted by you on or through the Site or otherwise have the right to grant licenses to Sedona Healing Arts, as set forth in this section, and (ii) your User Content is accurate and not misleading and (iii) the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any User Content provided by you to or through the Site.
14. User Content and Community a. Cautions regarding other users and User Content. You understand and agree that User Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any user. You should also be aware that other users may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. User Content may be misleading, deceptive, or in error.
b. Rules of conduct. Users must not post material that is offensive, contains personal attacks, is misleading or demonstrably false or is solely (or overwhelmingly) self-promotional.
15. Linked Destinations and Advertising a. Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Sedona Healing Arts operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination. Sedona Healing Arts is not responsible for the content or practices of any website or destination other than the sedonahealingarts.com Site, even if it links to the sedonahealingarts.com Site and even if the website or destination is operated by a company affiliated or otherwise connected with Sedona Healing Arts. By using the Services, you acknowledge and agree that Sedona Healing Arts is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the sedonahealingarts.com Site.
b. Advertisements. Sedona Healing Arts takes no responsibility for advertisements or any third party material, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that Sedona Healing Arts is not liable for any loss or claim that you may have against an advertiser.
16. Disclaimers a. Disclaimers of warranties and limitations on liability. You agree that your access to, and use of, the services and the content available through the Services is on an "as-is", "as available" basis and we specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose. Sedona Healing Arts will not be liable (jointly or severally) to you or any other person as a result of your access or use of the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits and lost revenues (collectively, the "excluded damages"), whether or not characterized in negligence, tort, contract, or other theory of liability, even if the Sedona Healing Arts has been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.
b. Medical Disclaimer. If the sedonahealingarts.com site provides health-related or medical information, no such information is intended to treat or cure any disease or to offer any specific diagnosis to any individual as we do not give medical advice, nor do we provide medical or diagnostic services. We assume no responsibility for injuries suffered while practicing these techniques. We strongly recommend that you get a professional medical advice before you apply any techniques presented on our site.
17. Disputes and Jurisdiction
Resolving Disputes. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, we want to address your concerns without needing a formal legal case. Before filing a claim against Sedona Healing Arts, you agree to try to resolve any dispute or claim relating to your relationship with Sedona Healing Arts or your use of products or services sold or distributed through sedonahealingarts.com ("Dispute") informally by contacting us at contact@sedonahealingarts.com. We will also try to resolve the dispute informally by contacting you by email. If a dispute is not resolved within 30 days of submission, you or Sedona Healing Arts may bring a formal proceeding.
We Both Agree To Arbitrate. You and Sedona Healing Arts agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Sedona Healing Arts will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If for any reason a Dispute proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Exceptions to Agreement to Arbitrate. Either you or Sedona Healing Arts may assert claims, if they qualify, in small claims court in Sedona, Arizona or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of Arizona, United States of America, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these Terms will be an appropriate federal or state court located in Arizona. These Terms will not be governed by the United Nations convention on contracts for the international sale of goods.
18. General Provisions a. Site Policies. Please review our other policies posted on this site. These policies also govern your visit to sedonahealingarts.com. We reserve the right to make changes to our site, policies, and these Terms at any time.
b. Severability. If any provision of these Terms or its application is invalid, void or unenforceable, the remainder of these Terms will not be impaired or affected and will remain in full force and effect.
c. Entire Agreement. These Terms contain the final and entire agreement between us regarding your use of the services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services.
d. Waiver. Unless otherwise specified in these Terms, the failure by a party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
e. Change to Services. We may discontinue or change the Services, or their availability to you, at any time for any reason and without notice to you.
f. No Assignment. These Terms are personal to you, which means that you may not assign your rights or obligations under these Terms to anyone. No third party is a beneficiary of these Terms.
g. Survival of Termination. The following provisions will survive expiration or termination of these Terms: Sections 7 through 11 of these Terms and other provisions that by their nature are intended to survive termination of these Terms.