Terms

ACCEPTANCE OF AGREEMENT

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our Site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site as you are bound by all revisions. We recommend you review our Terms of Use Agreement regularly to stay current with Rooted In Sound’s present policies.

DISCLAIMER / HEALTH DISCLAIMER

Rooted In Sound, its staff, and the content-providers are not licensed medical care providers and are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of sound therapy on any medical condition. You acknowledge and agree that when participating in any class or workshop, and/or when using any products or services, there may be the possibility of detoxification symptoms or physical injury, and you assume the risk and responsibility for any such results.

Information contained in the Site, as well as meditation, yoga, and sound therapy participation, is not a substitute for medical attention, examination, diagnosis, or treatment. Please consult with your medical health care provider with any concerns you may have regarding any health questions you may have before beginning or taking part in any one of our meditation, yoga, or sound therapy program(s). You agree that it is your sole responsibility to monitor each activity offered and determine whether it is appropriate for you to participate. There will be no liability on Rooted In Sound’s part should you fail, forget, or neglect to do so. We recommend that you seek advice from your qualified health care professional before beginning or attending any session with us. This Web Site does not provide medical diagnosis or medical advice. Before beginning, talk with your physician should you have any concerns about whether any meditation, yoga, or sound therapy session on this Site or in the materials and content are appropriate for you.

Neither any personnel nor associates of Rooted In Sound will in any way be held responsible on behalf of any reader who fails to consult the appropriate health authorities with respect to their individual health care before acting on or using any information or products found on Rooted In Sound’s site and neither the author nor publisher of any information found on Rooted In Sound’s site will be held responsible for errors or omissions, or use or misuse of the information, services, or products found on the Rooted In Sound’s site.

COPYRIGHT

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, videos, audio, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or of any part of the Site, except as allowed by Section 5 below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties.

SERVICE MARKS

“RootedInSound.com” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

LIMITED LICENSE; PERMITTED USES

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes, and if you maintain all copyright and other policies contained therein. No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Downloading of any of our videos is strictly prohibited. The use and viewing of yoga videos, photos, printing, any text or content, images, and graphics from the Site allows you only a limited use solely by you for your own personal use which is not for commercial use, distribution or republication, sale, or for other use. No part of this Web Site may be reproduced or transferred without written consent from the owners.

Your use of Rooted In Sound’s online videos are not to be shared or viewed in any classroom or group situation.

RESTRICTIONS AND PROHIBITIONS ON USE

Your license for access and use of the Site and any information, materials, or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: [The following content remains the same as provided...]

NO MEDICAL ADVICE OR MEDICAL PRACTITIONER-PATIENT RELATIONSHIP

Information contained on or made available through the Site is not intended to and does not constitute medical advice, recommendations, or counseling under any circumstance and no medical practitioner-patient/client relationship is formed.  We do not warrant or guarantee the accurateness, completeness, adequacy, or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a medical institution and the Site is not a medical referral service.

LINKING TO THE SITE

You may not provide links to the site without written consent of the owners.

ADVERTISERS

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

REGISTRATION

When you register for sessions online, you confirm that the information you provided to us is true and that you agree to abide by the Terms and Conditions of Use of this Web Site. Your participation and/or registration will be cancelled without notice, if it is determined that you provided false or misleading information. www.rootedinsound.com reserves the right to refuse application or registration for services provided by Rooted In Sound, if Terms and Conditions have been deemed violated in any way as determined by Rooted In Sound.

MARKETING

We use email and SMS texting to decimate information about upcoming classes and promotions. you may receive up to 4 SMS messages a month but can opt out.

THIRD PARTY CONTENT

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.]

NONTRANSFERABLE

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information, documents, or video use is not transferable or assignable.

DISCLAIMER

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.  ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

LIMITATION OF LIABILITY

(a)        We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any  services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.

(b)        THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100.00 (ONE HUNDRED) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

USE OF INFORMATION

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability because of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

THIRD-PARTY SERVICES

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT ABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

THIRD-PARTY MERCHANT POLICIES

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

PRIVACY POLICY

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.  Please take a moment to review our Privacy Policy.

PAYMENTS

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information or banking information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company and/or bank (checking), and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

All fees and gift certificates are levied in USD currency. Gift certificates are valid for 3 (three) months only from date of purchase as indicated on the gift certificate.

SECURITIES LAWS

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon many assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will,” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

LINKS TO OTHER WEB SITES

The Site may contain links to other Web sites. We are not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on the Site;

  4. Your address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at Wyatt@Rootedinsound.com.

  7. We will remove materials on our Site that infringe the copyright of others.

REFUND AND RETURN POLICY

We have a NO REFUND policy for any sessions or classes registered for on line, unless cancelled by Rooted In Sound due to under enrollment or for unforeseen circumstances determined by Rooted In Sound. This policy also applies to other classes, workshops and services offered at the Rooted In Sound. We have a NO REFUND policy for purchased sound healing products given their delicate energetic nature. Please take care when choosing your healing tools. Please note that there may be certain products and services mentioned on our Site that are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may obtain any additional information concerning our refund and return policy by contacting us at Wyatt@rootedinsound.com

We reserve the right to cancel any registration at our own discretion should we suspect your information has been compromised or should we suspect fraudulent use. Sharing, selling, or providing your username and/or password to any other person or company is strictly prohibited. Excess logins or excess viewings by any registrant will be construed as fraudulent use of services and will result in immediate cancellation without a refund. You agree to take precautionary measures to protect your username and password for your use only.