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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.

In order to use ShapeMindSoul.com ("Site" or "SMS" or “Company”), you agree to be bound by these Terms & Conditions ("Site Terms"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that you and such entity agree to indemnify the Company for violations of these Terms.

The Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time without notice and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.  

1. Terms 

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Your Usage 

In consideration of your use of SMS, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if SMS has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, SMS has the right to refuse any and all current or future use of the site.

Unless otherwise specified, SMS grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a user of, or subscriber to, this website and/or any of our e-mail newsletters. 

You agree that you shall only use the Site and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Site, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) modify, translate, distribute or create derivative works of the Site; (ii) copy or redistribute the Content on the Site; (iii) rent, lease, transfer, or otherwise transfer rights to the Content or the Site; (iv) remove any proprietary notices or labels on the Content or Site; and (v) add to, alter, delete from, or otherwise modify the Content or the Site.

3. Disclaimer 

The materials on SMS’s web site are provided “as is”. SMS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SMS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations of Liability

IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS OR PRODUCTS CONTAINED OR FEATURED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.

5. Indemnification

You agree to indemnify and hold SMS, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.

All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Any action relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, must be brought in the federal or state courts located in Pennsylvania, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of SMS.

SMS will not be responsible or liable to you for any delay or failure to perform under these Terms & Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of SMS. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

6.  Revisions and Errata

The materials appearing on SMS’s web site could include technical, typographical, or photographic errors. SMS does not warrant that any of the materials on its web site are accurate, complete, or current. SMS may make changes to the materials contained on its web site at any time without notice. SMS does not, however, make any commitment to update the materials.

7. HyperLinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray the Company or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of the Company to link to this Site without the express, prior written permission of the Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Company's express, prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party.

The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

8. Third Party Content

The Company may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. The Company does not monitor or have any control over any Third Party Content or third party Web sites. The Company does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

9. Modifications to Service

SMS may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Communication

As a part of the service SMS provides to our users, we communicate via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. SMS reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.

11. Privacy Policy

Please refer to our Privacy Policy for information on how the Company collects, uses and discloses personally identifiable information from its users.

12. Governing Law

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Pennsylvania, applicable to agreements made and to be entirely performed within the State of Pennsylvania, without reference to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Dauphin County, Pennsylvania and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

13. Questions & Contact Information

Questions or comments about the Site may be directed to the Company at the email address info@shapemindsoul.com.