Terms & Disclaimer
Effective Date: July 21, 2002
Site Covered: thesomaandsoul.com
By accessing, purchasing, or subscribing to any Product, Service, or Content Material of Soma & Soul, you acknowledge and explicitly agree to the following disclaimer:
The disclaimer provided below governs access to, and use of this website, as well as all available products, services, content Materials, designs, methodologies, artwork, copyrights, trademarks, patents, or any other created Intellectual Property present on this website and any affiliated website in connection with, or otherwise owned by, Soma & Soul, LLC (hereinafter “the Company”). The terms “you” and “your” in uppercase or lowercase mean the entity (e.g., company, corporation, partnership, or individual). Kim Jeffs, the Company, and its managers, employees, and assigns may change, add, or remove portions of this Disclaimer at any time, which shall become effective immediately upon posting. It is your responsibility to review this Disclaimer prior to each use of the Website and by continuing to use this Website, you agree to the terms of this Disclaimer as well as any subsequent versions of this Disclaimer.
AGE POLICY. You must be of legal age in your state of residency to visit, use, or purchase from our Website By purchasing our Products you agree and confirm that you are of legal age, or older, to purchase such Products in your state. You assume any and all liability if you breach this confirmation. Company reserves the right to use third party age verification software and systems. In the event that information you provided is not enough to verify your identity and age we also reserve the right to ask for further documentation to verify your age. In the event further information is required you will be prompted by either third party software or via email. This may result in a delay of shipment of your goods. We reserve the right to cancel an order at any time if proper verification is not supplied. By using this website you agree to the above terms for age verification.
RESTRICTIONS ON USE. Products purchased should be used only for personal use only. Thus, you may not copy, alter, distribute, reverse engineer, duplicate, repackage, or offer these Products without prior written consent. The information provided on Company’s website regarding Products is for general informational and educational purposes only. The Company has made every attempt to ensure the accuracy and reliability of the information provided on Company’s Website. The Company assumes no responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information on this Website. The Company assumes no responsibility or liability to any extent for damages to property or injury to self or others that may be caused by the improper use of Products sold on our website or in any of our locations.
PURCHASE PRICE. You understand and agree that the purchase price for any Product has been arbitrarily set by the Company and bears no relationship to objective standards or outside competitors.
MEDICAL DISCLAIMER. Our Products, Services, and Content Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Products, Services, and Content Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Products, Services, and Content Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
NOT AN ATTORNEY OR FINANCIAL ADVISOR. Kim Jeffs and the Company are not legal providers, accountants, or financial advisors. The information contained on the website is not intended to be a substitute for legal or financial advice that can be provided by your attorney, accountant, and/or financial advisor. The Company cannot be held responsible for any errors, omissions, and liability whatsoever for any loss or damage you may incur. ALWAYS DO YOUR OWN RESEARCH and consult with a financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have or may have in the future.
EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. The information provided in or through the Company’s website is for educational and informational purposes only and solely as a tool for one's personal use.
NO GUARANTEES. The Company cannot guarantee the outcome of following the recommendations provided and any statements about the potential outcome are expressions of opinion only. The Company makes no guarantees about the information and recommendations provided herein. By continuing to use, read, and/or participate in this Website you acknowledge that the Company cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website or contained in any of the Digital Products are at your own risk.
EARNINGS STATEMENT. Any earnings, income statements, or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any financial outcome based on the use of our Website. You agree that The Company is not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances, income level, or any other outcome which may result from the information presented to you through our Website. You are solely responsible for your results.
PERSONAL RESPONSIBILITY. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices and actions, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before purchasing or accessing any Product or Service offered through the Company’s Website.
TESTIMONIALS. The Company presents testimonials and insights about other people’s experiences with the Company’s Products or Services for purposes of illustration only. The testimonials, examples, and photos used are from verified purchasers or users of the Products or Services, or are comments from individuals who can speak to the character and/or the quality of the Company’s Products and Services.
ASSUMPTION OF RISK. The Website and Products are provided for communication and informational purposes only. You acknowledge and agree that any information posted on our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and the Company. You further agree that your purchase of any of the products on the Website is at your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
LIMITATION OF LIABILITY. By using this Website, you agree to absolve the Company of any liability or loss that you or any other person may incur from the use of the information, products, or materials that you request or receive through or on the Website. You agree that the Company will not be liable to you, or any other individual, company, or entity, for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages, for use of or reliance on the Company’s Website. You agree that the Company does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by the Company or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with the Company who is engaged in delivering content on or through this Website.
INDEMNIFICATION/RELEASE OF LIABILITY. The Company, its affiliates, assigns and successors are released from any and all liability, damages, and injury from the information contained in this communication.
LIMITED WARRANTY. The Company represents and warrants that the Company has the right and authority to make Products available pursuant to the terms and conditions of this disclaimer.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY AND EACH AFFILIATED PARTY OF THESE PRODUCTS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ERRORS AND OMISSIONS. Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that the Company is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website, or of those of any other individual or company affiliated with the business in any way. Science, technology, and business practices are constantly evolving, and you agree that the Company is not responsible for the accuracy of the Website, or for any errors or omissions that may occur.
FORWARD-LOOKING STATEMENT. As defined in the United States Securities Act of 1933 Section 27(a), as amended in the Securities Exchange Act of 1934 Section 21(e), statements in this communication which are not purely historical are forward-looking statements and include statements regarding beliefs, plans, intent, predictions or other statements of future tense.
NO ENDORSEMENT. References or links on the Website are on information, opinions, advice, programs, products, or services of any other individual, business, or entity does not constitute the Company’s formal endorsement. The Company is merely sharing information for your self-help only. The Company is not responsible for the website content, blogs, e-mails, videos, social media, programs, products, and/or services of any other person, business, or entity that may be linked or referenced in this Website. Conversely, should this Website link appear in any other individual’s, business’s, or entity’s website, program, product, or services, it does not constitute the Company’s formal endorsement of them, their business, or their website.
AFFILIATES. The Company may promote, affiliate with, or partner with other individuals or businesses whose programs, products, and services. The Company may promote, market, share or sell programs, products, or services for other partners. You are required to use your own judgment to determine that any such program, product, or service is appropriate for you. You are assuming all risks, and agree that the Company is not liable in any way for any product or service that may be promoted, market, shared or sold on or through the Website.
DUE DILIGENCE. You are encouraged to do your own due diligence with respect to making business decisions and should use caution and seek the advice of other appropriate qualified professionals. You should seek the counsel of your mental health therapist, accountant, lawyer, or other professional advisors, before acting on any information or digital product provided on this website. You may not consider examples or any digital content provided by us to be equivalent to other respective professional advice. You should consult with a professional from any other applicable and appropriate industry for any questions you may have associated with that profession.
INTELLECTUAL PROPERTY. All content of our Website and Service(s) is the copyrighted material of the Company or the appropriate contributor, as applicable, and is protected by the United States and international copyright, trademark, and other applicable laws. The Website and Service(s) includes content, appearances, and design, as well as trademarks, product names, graphics, logos, slogans, colors, and designs that are the property of the Company or other third parties, as applicable. Except as set forth in the relevant license agreements, nothing contained in our Website and/or Service(s) grants any license or other right to any the Company’s intellectual property or any third party's intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the Website and/or Service(s). You may not copy (other than a copy for personal use, provided you do not remove any trademark, copyright, or any other notice contained in the content), modify, distribute, alter, display, reproduce, transfer or republish any of the data of our Website and/or Service(s) without obtaining the written permission of the the Company as applicable.
CHOICE OF LAW AND WAIVER. This Disclaimer shall be governed by and constructed in accordance with applicable federal law and substantive laws of the State of North Carolina without giving effect to the principles of conflicts of laws. Any cause of action by you with respect to our website or digital products must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this disclaimer be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that any product or service is in conflict or inconsistent with this disclaimer, this disclaimer shall take precedence. Our failure to enforce any provision of this disclaimer shall not be deemed a waiver of such provision nor of the right to enforce such provision.
If you have questions about our disclaimer, please email us at email@example.com.
Last Update: July 21, 2002