Terms and Conditions
====================
Last updated: May 30, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions")
carefully before using the http://www.americansophrology.com website and the
American Sophrology mobile application (together, or individually, the
"Service") operated by American Sophrology LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users and
others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you
disagree with any part of the terms then you do not have permission to access
the Service.
Communications
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By creating an Account on our service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may send. However,
you may opt out of receiving any, or all, of these communications from us by
following the unsubscribe link or instructions provided in any email we send.
Purchases
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If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your
information, you grant us the right to provide the information to these third
parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons
including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an
unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
-------------------------------------
We are constantly updating product and service offerings on the Service. We
may experience delays in updating information on the Service and in our
advertising on other web sites. The information found on the Service may
contain errors or inaccuracies and may not be complete or current. Products or
services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any
information found on the Service.
We therefore reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
------------------------------------
Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are separate
from these Terms & Conditions. If you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy. If the rules
for a Promotion conflict with these Terms and Conditions, the Promotion rules
will apply.
Content
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Our Service allows you to post, link, store, share and otherwise make
available certain information, text, graphics, videos, or other material
("Content"). You are responsible for the Content that you post on or through
the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and
the right to grant us the rights and license as provided in these Terms, and
(ii) that the posting of your Content on or through the Service does not
violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity. We reserve the right to terminate
the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or
display on or through the Service and you are responsible for protecting those
rights. We take no responsibility and assume no liability for Content you or
any third party posts on or through the Service. However, by posting Content
using the Service you grant us the right and license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content on and
through the Service. You agree that this license includes the right for us to
make your Content available to other users of the Service, who may also use
your Content subject to these Terms.
American Sophrology LLC has the right but not the obligation to monitor and
edit all Content provided by users.
In addition, Content found on or through this Service are the property of
American Sophrology LLC or used with permission. You may not distribute,
modify, transmit, reuse, download, repost, copy, or use said Content, whether
in whole or in part, for commercial purposes or for personal gain, without
express advance written permission from us.
Accounts
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When you create an account with us, you guarantee that you are above the age
of 18, and that the information you provide us is accurate, complete, and
current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether
your password is with our Service or a third-party service. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
We reserve the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in our sole discretion.
Intellectual Property
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The Service and its original content (excluding Content provided by users),
features and functionality are and will remain the exclusive property of
American Sophrology LLC and its licensors. The Service is protected by
copyright, trademark, and other laws of both the United States and foreign
countries. Our trademarks and trade dress may not be used in connection with
any product or service without the prior written consent of American
Sophrology LLC.
Links To Other Web Sites
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Our Service may contain links to third party web sites or services that are
not owned or controlled by American Sophrology LLC
American Sophrology LLC has no control over, and assumes no responsibility for
the content, privacy policies, or practices of any third party web sites or
services. We do not warrant the offerings of any of these entities/individuals
or their websites.
You acknowledge and agree that American Sophrology LLC shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such third party
web sites or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third party web sites or services that you visit.
Termination
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We may terminate or suspend your account and bar access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
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You agree to defend, indemnify and hold harmless American Sophrology LLC and
its licensee and licensors, and their employees, contractors, agents, officers
and directors, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to
attorney's fees), resulting from or arising out of a) your use and access of
the Service, by you or any person using your account and password; b) a breach
of these Terms, or c) Content posted on the Service.
Limitation Of Liability
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In no event shall American Sophrology LLC, nor its directors, employees,
partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without
limitation, loss of profits, data, use, goodwill, or other intangible losses,
resulting from (i) your access to or use of or inability to access or use the
Service; (ii) any conduct or content of any third party on the Service; (iii)
any content obtained from the Service; and (iv) unauthorized access, use or
alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or
not we have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
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Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service 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.
American Sophrology LLC its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
Exclusions
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Some jurisdictions do not allow the exclusion of certain warranties or the
exclusion or limitation of liability for consequential or incidental damages,
so the limitations above may not apply to you.
Governing Law
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These Terms shall be governed and construed in accordance with the laws of
Arizona, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have had between us regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will provide at least 30 days notice
prior to any new terms taking effect. What constitutes a material change will
be determined at our sole discretion.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, you are no longer authorized to use the Service.
Contact Us
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If you have any questions about these Terms, please contact us.