YOU EXPRESSLY AGREE THAT YOU ARE OF THE AGE OF MAJORITY AND YOUR USE OR INABILITY TO USE THE "SPIRIT GUIDE RETRIEVAL" IS AT YOUR SOLE RISK. By purchasing the "Spirit Guide retrieval", you accept, agree and understand that you are fully responsible for your experience and results from your participation and that Sacred Earth Connection® and its founder Lucille DancingWind offer no representations, warranties or guarantees, verbally or in writing, regarding your potential shifts, breakthroughs, enhanced life experiences, increase in miracles or magick, deeper connections with all life of Nature and Spirit, greater trust in self and life, or results of any kind. You alone are responsible for your actions and results in all aspects of life, which are dependent on personal factors including, but not necessarily limited to, your commitment; awareness; willingness to experience, practice and expand; abilities; dedication; beliefs; openness of mind and heart; to name just a few. You also understand that any testimonials or endorsements by our clients, peers or audience represented on our offerings, websites, content, landing pages, sales pages or programs have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, content and various offerings are simply our perspective and thus are not guarantees or promises of actual experiences. Sacred Earth Connection® and its founder Lucille DancingWind do not dispense medical advice or prescribe the use of any technique as a form of treatment for physical, emotional or psychological problems, or as a substitute for common sense. Our intent is only to offer guidance to help you in your quest for greater well-being. In the event that you choose to use any of the information and follow the guided journey audio, Sacred Earth Connection® and its founder Lucille DancingWind, assume no responsibility for your actions.
TERMS AND CONDITIONS OF PURCHASE
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
The price for the Service & Product “Spirit Guide retrieval” shall be as stated on the Order. Payment shall be made in accordance with the following:
As consideration for any purchase you make on the Websites, you shall pay Sacred Earth Connection® all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All prices are in U.S. dollars. Payments will be charged and made in U.S. dollars if your location is in the U.S. If your location is outside the United States or any of its possessions or territories, all payments will be charged, converted and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Upon purchase, you will be automatically directed to the online form to fill out the required information that will complete the Order.
2. REFUND POLICY
There is NO REFUND for this Service & Product "Spirit Guide retrieval".
One exception only: If no Spirit Guide presents themselves to Lucille DancingWind for you at this time in your life, then you will be notified and a full refund will be provided for your personal investment. NO other exceptions.
3. INTELLECTUAL PROPERTY
You agree that the Service & Product “Spirit Guide retrieval” contains proprietary information and materials, such as artwork, information, photographs, software, text, graphics, images, and audio recordings (collectively, “Service & Product Content”) that are owned by Sacred Earth Connection® and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Service & Product Content, including to any sharing or social media sites, is considered stealing, and Sacred Earth Connection® will prosecute such misconduct to the fullest extent permitted by law.
Sacred Earth Connection® provides you with the Service & Product solely for your personal, non-commercial use, and you agree that you will not use any of the Service & Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Service & Product Content in a manner that constitutes an infringement of Sacred Earth Connection’s rights or that has not been authorized by Sacred Earth Connection® or its founder Lucille DancingWind. More specifically, unless explicitly authorized in this Agreement, you may NOT modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Service & Product Content. You may, however, download the guided audio recording for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
TO BE CLEAR: please be aware that you may not create derivative works, resource guides, promotional or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Sacred Earth Connection®, Lucille DancingWind, the Service & Product “Spirit Guide retrieval", or the Service & Product Content, or infringe on any of Sacred Earth Connection’s or its licensors’ intellectual property in any way.
All copyrights, trademarks, and other intellectual property rights in and to the Service & Product and the Service & Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Sacred Earth Connection® and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF SACRED EARTH CONNECTION AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Sacred Earth Connection® (the “Sacred Earth Connection Trademarks”) used and displayed in the Service & Product are registered and unregistered trademarks or service marks of Sacred Earth Connection®. Other company, product, and service names used and displayed in the Service & Products may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Sacred Earth Connection Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Sacred Earth Connection Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
Sacred Earth Connection® may provide links to third-party materials and websites as a convenience to you. These third-party materials and websites are not part of the Service & Product, and they may be either withdrawn or terminated from the Service & Product at any time without notice to you and without any liability to Sacred Earth Connection®. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Sacred Earth Connection® is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and Sacred Earth Connection® does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Sacred Earth Connection® will not be liable for your improper use of third-party materials and websites.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) ALL MATERIALS THAT CONSTITUTE THE PRODUCT “SPIRIT GUIDE RETRIEVAL” ARE PROVIDED “AS IS” AND “AS AVAILABLE;” AND (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
WHEN ADDRESSING MATTERS OF OVERALL WELL-BEING IN ANY OF OUR PRODUCTS INCLUDING BOOKS, SERVICES AND PROGRAMS, OUR WEBSITES, VIDEOS, NEWSLETTERS, OR OTHER CONTENT, WE’VE TAKEN REASONABLE EFFORT TO ENSURE THAT WE ACCURATELY REPRESENT THEIR ABILITY TO HELP YOU IMPROVE YOUR LIFE. HOWEVER, SACRED EARTH CONNECTION DOES NOT GUARANTEE THAT YOU WILL EXPERIENCE ANY RESULTS USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, PRACTICES, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE BENEFITS.
YOU EXPRESSLY AGREE THAT YOU ARE OF THE AGE OF MAJORITY AND YOUR USE OR INABILITY TO USE THE “SPIRIT GUIDE RETRIEVAL” SERVICE & PRODUCT IS AT YOUR SOLE RISK. By purchasing the “Spirit Guide retrieval” Service & Product, you accept, agree and understand that you are fully responsible for your experience and results from your participation and that Sacred Earth Connection® and its founder Lucille DancingWind offer no representations, warranties or guarantees, verbally or in writing, regarding your potential shifts, breakthroughs, enhanced life experiences, increase in miracles or magick, deeper connections with all life of Nature and Spirit, greater trust in self and life, or results of any kind. You alone are responsible for your actions and results in all aspects of life, which are dependent on personal factors including, but not necessarily limited to, your commitment; awareness; willingness to experience, practice and expand; abilities; dedication; beliefs; openness of mind and heart; to name just a few. You also understand that any testimonials or endorsements by our clients, peers or audience represented on our offerings, websites, content, landing pages, sales pages or programs have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, content and various offerings are simply our perspective and thus are not guarantees or promises of actual experiences. Sacred Earth Connection® and its founder Lucille DancingWind do not dispense medical advice or prescribe the use of any technique as a form of treatment for physical, emotional or psychological problems, or as a substitute for common sense. Our intent is only to offer guidance to help you in your quest for greater well-being. In the event that you choose to use any of the information and guided journey of “Spirit Guide retrieval” Service & Product, Sacred Earth Connection® and its founder Lucille DancingWind, assume no responsibility for your actions.
6. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. You and Sacred Earth Connection® have entered into this Agreement in the State of Alaska and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Sacred Earth Connection®, shall be determined in accordance with the laws of the State of Alaska, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
B) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) UNDER NO CIRCUMSTANCES SHALL SACRED EARTH CONNECTIONTM, ITS FOUNDER AND OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
C) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or otherwise. The Service & Product “Spirit Guide retrieval” is non-transferable.
D) TERMINATION. Sacred Earth Connection® is committed to providing all clients with a positive experience. If you fail, or Sacred Earth Connection suspects that you have failed, to comply with any of the provisions of this Agreement, Sacred Earth Connection®, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Service & Product and/or your participation in its other Products and Services; and/or (b) terminate this Agreement. Your obligations to Sacred Earth Connection® under this Agreement will survive expiration or termination of this Agreement for any reason.
E) CHANGES. Sacred Earth Connection® reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Service & Product, without notice. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Service & Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Sacred Earth Connection’s website or you may be notified by either e-mail or postal mail.
If you have any questions, please contact SUPPORT.
F) INDEMNIFICATION. By purchasing the Service & Product and/or using the Service & Product “Spirit Guide retrieval”, you, to the extent permitted by applicable laws, agree to defend, indemnify, and hold harmless Sacred Earth Connection®, its founder, owner, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of the Product. You recognize and agree that all of Sacred Earth Connection’s founder, owners, officers, directors, employees, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Sacred Earth Connection®.
G) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Product (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Anchorage, Alaska may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place Anchorage, Alaska. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief as set forth in Section 6(H) below.
H) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
I) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Sacred Earth Connection’s intellectual property rights and confidential and proprietary information by you, Sacred Earth Connection® will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Sacred Earth Connection® may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Anchorage, Alaska, United States of America for purposes of any such action by Sacred Earth Connection®.
J) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
K) SEVERABILITY. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail, but in such event the provision affected in this Agreement shall be limited or eliminated only to the extent necessary, and the remainder of this Agreement shall remain in full force and effect.
L) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.