Terms of service
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 15 and 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Welcome to Spiritual Society. We provide tarot readings and other similar entertainment products and services (“Service” or “Services”).
Your use of https://spiritualsociety.co, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Enlightened Today LLC (“Enlightened Today,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY OR BENCH TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (Terms of service – Spiritual Society). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. Website Use
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR ADULT USE AND ENTERTAINMENT PURPOSES ONLY
5. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
8. ORDER PLACEMENT AND ACCEPTANCE
10. RECORDING OF READINGS
12. DELIVERY CONFIRMATION
13. REFUNDS AND RETURNS
14. SOCIAL MEDIA
15. DISCLAIMER OF WARRANTIES
16. DISCLAIMER OF LIABILITIES
17. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
19. THIRD-PARTY WEBSITES AND LINKS
20. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
22. ELECTRONIC COMMUNICATIONS
24. NO WAIVER
27. ENTIRE AGREEMENT
28. QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you are affirming that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms. You must be eighteen (18) years of age or older to get tarot readings and related services (“Readings”). We want you to enjoy and benefit from your Readings. Our Advisors make every effort to provide you with helpful spiritual guidance. However, this information should not be used in place of any recommendations by medical, legal or financial professionals or other professional counselors as outlined in Section 4. It is your responsibility to evaluate any information, opinion, spiritual guidance or other content provided through the Wesbite or in conjunction with the Services.
Some of Enlightened Today’s products and services are provided on a subscription basis. If you purchase a subscription, the subscription will automatically renew at the then-current rate for the subscribed product or service, until you notify us of your decision to terminate your subscription. The most common renewal term is one (1) month as identified on your itemized receipt. Prior to billing you for the renewal term, Enlightened Today will e-mail the address that you have on file for your account about the length and price of the renewal term. When purchasing a subscription for the spiritual inner circle membership, you will be charged a monthly renewal fee of $33.33.
By selecting a subscription at time of purchase, you have provided your electronic authorization for future charges against the credit card or payment account that you have on file. You further agree that your subscription fee(s) will be billed automatically at the beginning of each renewal period at the then-current rate (plus sale tax, if applicable) to the credit card(s) or payment account you have on file. If you have more than one card on file, the first card will be used. If you have more than one credit card on file, and one or more credit cards has expired, we will use the unexpired credit card.
You may cancel your subscription(s) at any time. To cancel your membership, please contact us by e-mail (firstname.lastname@example.org) or calling our customer service department at (813) 819-7804 (Monday – Friday 9AM – 5PM CST). Cancellation will take effect no later than 3 business days after we receive your notification. You may also go here to cancel your membership: https://spiritualsociety.co/pages/membership
PRIVACY & SECURITY DISCLOSURE
GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You represent and warrant that you will not to use or attempt to use the Website or any Services in any unlawful manner. You further represent and warrant that you will not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, or engage in the following conduct including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) use of the Website to post or transmit any solicitation, advertising, or promotional materials; (3) use of the Website to transmit any unlawful, libelous, harassing, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or nature; (4) use of false identities or impersonation of any person or your affiliation with any person or entity; (5) use of the Website to transmit any sexually explicit communications, photographs, or other materials; (6) use of the Website to interfere with any other user’s access to or use of the Website; (7) speaking or acting in any manner that is deemed by Enlightened Today to be inappropriate, abusive, or threatening; and (8) engaging in any other conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or regulation.
SERVICES SOLD FOR ADULT USE AND ENTERTAINMENT PURPOSES ONLY
Enlightened Today’s Services are for adult use only and by submitting an order you represent and warrant that you are at least the age of majority in your state or province of residence. You must be eighteen (18) years of age or older to get tarot readings or related products and services.
THE INFORMATION PROVIDED ON OUR WEBSITE AND USE OF THE SERVICES SOLD ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND ARE IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL CONDITION, DISEASE OR AILMENT, AND IS IN NO WAY INTENDED TO BE A SUBSTITUTE NOR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE, PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR PROFESSIONAL LEGAL ADVICE. ENLIGHTENED TODAY IS NOT A MEDICAL PRACTICE, IS NOT A FINANCIAL SERVICES FIRM, IS NOT REGISTERED AS A FINANCIAL ADVISOR (NOR ARE ANY OF ITS OFFICERS, PRINCIPALS, OR EMPLOYEES), AND IS NOT ENGAGED IN THE BUSINESS OR PRACTICE OF PROVIDING OR RENDERING ANY OF THE PRECEDING. READINGS MAY NOT BE UNIQUE AND WE CANNOT GUARANTEE THE ACCURACY OF READINGS AND ARE NOT RESPONSIBLE FOR HOW YOU APPLY OR INTERPRET IT.
IF YOU ARE HAVING SUICIDAL THOUGHTS, FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER FOR YOUR AREA) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES FOR HELP.
YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE ENLIGHTENED TODAY’S SERVICES ARE NOT DESIGNED FOR USE IN EMERGENCIES, FOR MEDICAL OR PSYCHOLOGICAL PURPOSES, FOR THERAPY OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT.
WE STRONGLY RECOMMEND THAT YOU ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS HEREIN, ENLIGHTENED TODAY AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA OUR SERVICES.
YOU RELY ON OR ACT UPON THE SPIRITUAL GUIDANCE OF ANY ADVISOR SOLELY AT YOUR OWN RISK AND BY YOUR OWN FREE AND VOLUNTARY ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR ANY ACTS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY OF THE INFORMATION OR SPIRITUAL GUIDANCE PROVIDED BY ANY ADVISOR.
As noted in Section 18 below, customer Submissions represent the unique experience of the customers making the Submissions, and do not necessarily reflect the experience that you may have using Enlightened Today’s services.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, and product availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right at any time to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of access to the Website. Certain Services may be available exclusively online through the Website.
All descriptions of Services, including but not limited to their pricing, are subject to change at any time without notice, at our sole discretion. Any offer for any Service made on this Website is void where prohibited.
All charges are in U.S. Dollars.
By submitting payment information to us, you represent and warrant that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny your order for any reason, and reserves the right to cancel orders that it determines in its sole discretion to be in violation of these Terms
By placing an order on this Wesbite, you represent and warrant that you have all the necessary permissions, rights and authority to place the order.
This Website is a marketplace that brings you and spiritual advisors (“Advisors”) together. It allows you to engage with and submit questions to Advisors who provide personalized spiritual guidance. Advisors are not our employees, consultants, agents or representatives. Advisors use the Website to provide clients with personalized Readings for entertainment purposes only. We do not guarantee the verification of qualifications, certifications, credentials, competitence or background of any Advisor. Your relationship relating to the Services provided are strictly and solely with the Advisor you receive. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. Advisors are not permitted to request your personal contact information, address, credit card or other payment information, or other sensitive information of a similar nature. You must not provide this information even if an advisor violates these Terms and requests it.
You understand that any information provided to You by any Advisor is strictly for general entertainment purposes and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not guarantee the accuracy of a Reading or any other information exchanged.
RECORDING OF READINGS
You agree that you will not use any audio recording or retention devices/technology in connection with Readings, and you will not otherwise make any recordings, copies, scans, or transcriptions of Readings, without Enlightened Today’s prior written consent.
Enlightened Today ships to addresses located in the United States and internationally. For additional information regarding order processing, order handling, shipping times, and commercial couriers used by Enlightened Today, please contact us at email@example.com.
Accurate shipping addresses and phone numbers are required. We are not responsible for late shipments/missing shipments if you enter incorrect shipping address information. If you discover that you have made a mistake with your order after it has been submitted, or if you’d like to cancel your order, please contact Customer Support within six (6) hours of placing your order by e-mailing us at firstname.lastname@example.org. You may only cancel your order within six (6) hours of ordering by e-mailing our team at email@example.com with your order number and specific reason(s) for cancellation. After six (6) hours, your order cannot be canceled. If your order cancellation request is approved, we will refund your payment method within twenty-four (24) hours. All other customer support inquiries should be submitted to our customer support agents via our “Contact Us” page.
Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a signature.
REFUNDS AND RETURNS
Enlightened Today wants you to be beyond satisfied with your experience with us. We don't guarantee that Advisors’ predictions will come true, but we do our best to ensure that you enjoy the Readings and any other products we may sell. Enlightened Today may offer refunds upon receipt of a timely and valid refund request.
Refund Requests for Readings
Refund requests for Readings must be made by email transmission to firstname.lastname@example.org within 3 days of your Reading with an Advisor. You must state the order confirmation number, the date and time of your Reading, identify your Advisor, and explain the reason(s) for your refund request. Refunds cannot exceed the equivalent value of the order for which the refund was requested. Refunds may be issued in the form of credit or chargeback to the account used to make the purchase, in our sole discretion. We reserve the right to refund you partially or in full and also to refuse a refund request.
If you do not request a refund within 3 days of your Reading, we reserve the right to refuse your refund request. Refund requests are valid once per Advisor and do not apply to Readings with any Advisors for whom you have received a refund in the past.
Refund Requests for Products
Enlightened Today may offer refunds for any tangible products it may sell through the Website upon receipt of a timely and valid return request and timely return of the item. Enlightened Today does not process exchanges. Please inspect your order upon receipt and contact us within 60 days of receiving your order at email@example.com if the item is damaged, defective, or non-conforming. You must provide the order number and a description of the alleged damage, defect, and/or non-conformity. After our team reviews your request, you will be sent a confirmation e-mail notifying you that your return request has been approved or rejected. Upon approving your refund request, you will be e-mailed a pre-paid shipping label that must be used when returning your item.
You must place your item with the appropriate carrier identified on your pre-paid shipping label within 5 days of receipt. Failure to do so may result in your refund approval being revoked.
Products must have been purchased directly through the Website to qualify for a refund. We cannot process or refund packages marked “Return to Sender.” You may only receive a refund by submitting your timely refund request at firstname.lastname@example.org within 60 days of receiving your order, by receiving written confirmation of approval, and by mailing your item back to us within 5 days of receiving your pre-paid shipping label. Refunds will be issued to the same credit card or method of payment that was charged when ordering the product.
After we receive your returned item and verify its condition, it generally takes 3-10 business days or sooner to process your refund. If a refund is processed, it usually takes 3-10 business days for this refund to be posted to your account, depending on your financial institution.
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Instagram, YouTube, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”).
DISCLAIMER OF WARRANTIES
ENLIGHTENED TODAY DOES NOT EVALUATE, PROVIDE, PRODUCE OR CONTROL THE USERS, CLIENTS, ADVISORS OR ANY INFORMATION EXCHANGED VIA THE WEBSITE. WE ONLY CONNECT CLIENTS WITH ADVISORS THROUGH THE WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT ANY ADVISOR YOU SELECT IS QUALIFIED OR LICENSED TO PROVIDE THE INFORMATION OR SPIRITUAL GUIDANCE THAT YOU SEEK. AS A RESULT, ENLIGHTENED TODAY IS NOT RESPONSIBLE FOR THE TRUTH, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, QUALITY, APPROPRIATENESS, LEGALITY OR APPLICABILITY OF ANYTHING SAID, DEPICTED OR WRITTEN BY ITS USERS, CLIENTS AND/OR ADVISORS.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE INFORMATION OBTAINED FROM IT IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE WEBSITE AND THE INFORMATION OBTAINED FROM THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR COURSE OF PERFORMANCE. OUR WEBSITES AND THE WEBSITE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
DISCLAIMER OF LIABILITIES
Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ENLIGHTENED TODAY ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR BENCH TRIAL. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY, WITNESS TESTIMONY, OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
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 THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Florida on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Enlightened Today both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Enlightened Today will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Florida: (i) an action by Enlightened Today relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Enlightened Today for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Florida, and forever waive any challenge to said courts’ jurisdiction and venue.
Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Enlightened Today, LLC, 6421 N. Florida Avenue, Ste. D PMB 1473, Tampa, Florida 33604. Enlightened Today will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Enlightened Today or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
You and Enlightened Today agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Florida unless Enlightened Today otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
Governing Law and Award
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your relationship with Enlightened Today, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Enlightened Today and shall not be modified except in writing by Enlightened Today.
Enlightened Today reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product on or through the Website, or use or attempted use of a Enlightened Today product, constitutes your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US VIA CERTIFIED MAIL AT ENLIGHTENED TODAY, LLC, 6421 N. FLORIDA AVENUE, STE D PMB 1473, TAMPA, FLORIDA 33604. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Enlightened Today, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, and adapt such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting customers, and do not necessarily reflect the experience that you may have using our Services.
Enlightened Today reserves the right to correct grammatical and typing errors, to shorten Submissions prior to publication or use, and to review all Submissions prior to publication or use. Enlightened Today shall be under no obligation to use any, or any part of, any Submissions. You represent and warrant that you will not make any Submissions to the website that are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. Enlightened Today reserves the right to reject or remove any such Submissions.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person :
Notification of Claimed Infringement:
Enlightened Today LLC
6421 N. Florida Avenue
Ste. D PMB 1473
Tampa, FL 33604
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SMS Marketing Policy
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Enlightened Today and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of Enlightened Today’ business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by Enlightened Today of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Enlightened Today to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 2-4, 12-16, 18-24, 25, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Enlightened Today, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
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