Terms of Use
Terms of Use
Last updated: 07/16/2023
SoulBeing owns and operates www.soulbeing.com and its related pages (the “Website”).
PLEASE READ THESE TERMS OF SERVICE (“TERMS” OR “TERMS OF SERVICE”) CAREFULLY. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING AND/OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
THESE TERMS ARE APPLICABLE TO ALL USERS OF THE WEBSITE, INCLUDING PERSONS WHO ARE SEEKING SERVICES THROUGH THE WEBSITE AND PERSONS WHO ARE OFFERING SERVICES THROUGH THE WEBSITE.
As used in this Terms of Use, the terms “we, “our,” and “us” refers to SoulBeing. The terms “you” and “your” used in these Terms refer to you as the user or viewer of the Website.
Your Agreement With Us
Access to and use of the Website is subject to the terms, conditions, and notices in these Terms, as well as any other documents that you may be required to review and agree to before accessing services on or through the Website. By using the Website, you are agreeing to these Terms, which we may update from time to time. We may notify you of the changes by posting the modified Terms on the Website. You should check this page regularly to see if any changes have been made to the Terms. Your continued access and/or use of the Website following changes to the Terms will be considered acceptance of the revised Terms. You may not amend the Terms.
Privacy Policy
We are committed to safeguarding the privacy of information you provide to us. Please carefully read our full Privacy Policy. By providing information to us you warrant that all such information is accurate.
Website “Dos” and “Don’ts”
As a condition to access and use the Website you agree to strictly observe and adhere to the following DOs and DON’Ts:
DO:
- Provide accurate and complete information when providing information through the Website.
- Flag or otherwise alert us to uses of the Website that violate these Terms.
- Comply with all applicable laws.
- Carefully read any documents that you are asked to review before indicating your agreement to them.
DON’T:
- Misuse the Website.
- Transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, or in breach of confidence or in any way offensive or obscene.
- Hack into any aspect of the Website.
- Corrupt data on the Website.
- Cause annoyance to other users.
- Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights. This would include, but is not limited to, causing copyrighted material to be placed on the Website without the express permission of the copyright owner or other legal right to do so.
- Send any unsolicited advertising or promotional material, commonly referred to as “spam”.
- Attempt to affect the performance or functionality of any computer facilities of or accessed through the Website. Breaching this provision may constitute a criminal offense and you agree that we may report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- Attempt to harm the business or reputation of any practitioner in our network through inflammatory commentary or demeaning remarks.
- Access the Website without authorization or assist anyone else to do so.
- Take any action on or through the Website that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law.
- Access or attempt to access any other user’s account or misrepresent or attempt to misrepresent your identity while using the Website.
- Record, download, or transmit (by digital or other means) any audio, visual, or other media material, relating to or derived from services signed up for and/or received on or through the Websites, including, but not limited to, any and all educational services. This applies to you and anyone you sign up to receive services on or through the Websites.
We reserve the right to delete any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material from the Website. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms.
Violations of the Agreement and Termination
If we, in our sole discretion, determine that you have breached or attempted to breach these Terms , we will take actions to protect the Website, and/or any of our users, including but not limited to discontinuing your access to the Website; notifying your e-mail address (to the extent you have provided it to us); and/or notifying and/or sending content to and/or fully cooperating with the proper law enforcement authorities for further action.
Intellectual Property, Software and Content
All of the content elements displayed and/or downloadable on the Website, including photographic images, illustrations, graphic images, text, captions, video, audio-visual files, digital files and software (collectively, the “Content”), and all of the features of the Website, including its designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, html code, xml code and products or services obtained from the Website (together with the Content, collectively, the “Site Elements”) is the exclusive property of SoulBeing or our licensors. The Site Elements are protected by national and international laws, including copyright, trademark, trade dress and other intellectual property laws. Any Content accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title, or interest in or to such Content or any intellectual property rights therein. All right, title and interest in and to such Content shall remain the exclusive property of SoulBeing and/or our licensors. No Content may be used, copied, displayed, transmitted, or otherwise exploited via any means except as expressly permitted herein. SoulBeing hereby expressly reserves all rights in relation to the Website and Site Elements not expressly granted herein. You may not archive or retain any Content without the express prior written consent of SoulBeing.
Indemnification
You agree to defend, indemnify, and hold harmless SoulBeing and its affiliates, officers, directors, volunteers, and employees, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of your breach of these Terms or violation of applicable law by you or by any other user of the Website that has logged into the Website using your credentials with your consent.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, SOULBEING DOES NOT WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR ITS CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, SOULBEING IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SOULBEING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOULBEING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENTS, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
SoulBeing Relationship with Providers
YOU ACKNOWLEDGE THAT SOULBEING AND THE PROVIDERS IDENTIFIED ON THE WEBSITE ARE INDEPENDENT OF ONE ANOTHER AND NEITHER IS RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THE OTHER. YOU ACKNOWLEDGE THAT SOULBEING RELIES UPON THE PROVIDERS IDENTIFIED ON THE WEBSITE TO PROVIDE SOULBEING WITH ACCURATE AND CURRENT INFORMATION REGARDING THE STATUS OF THEIR LICENSURE. SOULBEING DOES NOT WARRANT OR GUARANTY THE ACCURACY OF THE INFORMATION PROVIDED BY PROVIDERS. SOULBEING DOES NOT WARRANT OR GUARANTY THE QUALITY OR EFFICACY OF ANY OF THE SERVICES THAT YOU MAY OBTAIN FROM PROVIDERS WHO ARE IDENTIFIED ON THE WEBSITE. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM AGAINST SOULBEING OR ITS OFFICERS, DIRECTORS, AGENTS, OR OWNERS ARISING OUT OF OR RELATED TO THE SERVICES THAT YOU RECEIVE OR DO NOT RECEIVE FROM A PROVIDER IDENTIFIED ON THE WEBSITE.
Limitation on Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOULBEING, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SOULBEING WEBSITE AND/SERVICE BE LIABLE FOR ANY INDIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION), PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND/OR THEIR CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOULBEING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and lawful and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any Website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission.
Links to Third-Party Sites
The Website may contain links or references to other websites. SoulBeing does not have control over third-party websites or their content and is not responsible for, and does not assume responsibility for, the privacy practices or the content of any third-party websites linked to the Website. Such linked sites are for your convenience only. You access them at your own risk. That another website is linked to this Website does not constitute an endorsement by SoulBeing of the owner of the other site, the content of the site, or its products or services. SoulBeing assumes no responsibility for information or services provided by any of the sites to which the Website contains links. We encourage you to review any third-party website’s terms of use and privacy policy as those documents and the rules contained therein (and not SoulBeing’s Terms of Use or Privacy Policy) are applicable to your use of those sites and any information they may collect.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes, or other promotions (collectively, “Promotions”) that we may offer from time to time are governed by additional terms and rules outside of these Terms. Consequently, if you decide to participate in any Promotions, you should review the applicable terms and rules. If the terms and rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Purchases
We work with third party service providers to facilitate and process payments, and so do not collect or store any of your payment data. How your payment information is handled is addressed in more detail in our Privacy Policy. We do not accept orders and we do not control refusal or cancellation of orders. These matters are handled exclusively by you, your payment processor, and the provider.
Trademarks
The logo, name, and all graphics on the Website are trademarks of SoulBeing or its affiliates. Use, reproduction, copying, or redistribution of trademarks, without the written permission of SoulBeing or its affiliates is prohibited. All other trademarks or service marks appearing on the Website are the marks of their respective owners.
Minors
The Website is not intended for use by children under 13 years of age. Any child under 13 years of age must have his or her parent’s permission to use the Website. Additional restrictions may apply to the use of some, or all of our services described on our Website for users who are over the age of 13 as well.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us at: support@soulbeing.com
Please also contact us if you have any questions about these Terms, or if you become aware of any misuse of the Website by anyone.
With respect to complaints related to copyrights, SoulBeing respects the intellectual property rights of others. If you are a copyright owner and you believe your intellectual property has been improperly posted or distributed via the Website, please notify us by sending an email to wellness@soulbeing.com or by sending a notice by U.S. Mail to: PO Box 7149, Scarborough, ME 04107. In your email or letter, you will need to include all of the notice elements listed in the DMCA at 17 U.S.C. Section 512(c)(3). Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a user’s content is infringing.
No Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Communications Consent
You, on your own behalf and on behalf of any users under the age of 18 that you sign up to receive services through the Websites, acknowledge, understand, and agree that we may communicate directly with the recipient of services via electronic mail, messaging applications, or other similar electronic communications media.
For Providers Only
“Providers” are members of our marketplace providing HSA-eligible services to users of the Website. The provisions in this Section are applicable to Providers only.
Providers provide services to SoulBeing end users and are approved by us to be listed, included, and represented on this Website. To be approved, you must submit an application to us through this Website. By submitting your application to us, you confirm that the information contained in the application is accurate and complete. Providers are subject to all of the terms and conditions set forth in these Terms of Service. Your participation as a Provider on this Website is subject to the approval of SoulBeing, which may be withheld in the sole and exclusive discretion of SoulBeing. The requirements listed below are not the exclusive criteria that SoulBeing may utilize in considering your participation as a Provider on the Website.
Your participation as a Provider on this Website is an ongoing certification by you that you carry all the required, national, state and/or local licensures and/or certificates to offer and provide the services that you describe on this Website. Proof of such licensures and certificates must be submitted and included with your application in order to be considered for approval and inclusion in our marketplace. You certify that will maintain and keep current all required, national, state and/or local licensures and/or certificates to offer and provide your services. We, in our sole discretion, may request proof of current required national, state and/or local licensures and/or certificates to offer and provide your services. If you fail to provide proof of such licensure and/or certificates at wellness@soulbeing.com within thirty (30) days of written request from us, we may, at our sole discretion remove you and your services as a Provider on our Website. If you no longer have the required national, state and/or local licensures and/or certificates to offer and provide your services, you must notify us immediately at wellness@soulbeing.com and you and your services as a Provider will be immediately removed from our Website.
Your participation as a Provider on this Website is an ongoing certification by you that you are not subject to any notice, nor a participant in, any professional disciplinary proceeding(s). If you become subject to a disciplinary proceeding(s), you must notify us immediately at wellness@soulbeing.com. You acknowledge that we may remove you and your services as a Provider following our review of any pending disciplinary proceeding or if you fail to promptly notify us of such a proceeding.
Your participation as a Provider on this Website is an ongoing certification by you that you have a current policy of professional liability insurance. We, at our sole discretion, may request proof of your current professional liability insurance. As an approved Provider on the Website, upon renewal of your professional liability insurance coverage, you will provide to us at wellness@soulbeing.com with a copy of your renewed professional liability coverage certificate. If at any time you no longer have professional liability insurance for your services, you may no longer participate as a Provider on this Website and you must notify us immediately at wellness@soulbeing.com and you and your services as a Provider will be immediately removed from our Website.
By participating as a Provider on this Website, you agree that you will maintain and provide to us accurate, timely and complete information regarding any client that scheduled, cancelled, or received services from you using this Website, but not including personally identifiable information regarding that client. You will provide this information using your user account on the Website.
If we, in our sole discretion, have determined that you no longer meet the requirements for approval to participate or remain as a Provider on the Website, we will remove you from the Website.
You acknowledge and agree that Soul Being (i) does not guarantee payment for your services by any user of the Website and (ii) is not responsible for any communications by any means relating to you by any user of the Website.
Provider Membership Payments
A “Provider Membership” is Provider annual membership to participate as a Provider on this Website. Provider Memberships apply to Providers only.
Providers must select their payment option for their Provider membership. Selecting an Annual (“Annual” is a 365-day Provider Membership, commencing the day of payment processing) payment option sets your Provider Membership to automatically renew every twelve (12) months. Selecting a Monthly (“Monthly” is a 365-day Provider Membership, commencing on the day of the first installment payment) payment option is a commitment to pay all twelve (12) installments and will auto-renew after twelve (12) months for the subsequent twelve (12) months. Your credit/debit card will be charged automatically on your renewal date.
If your payment does not process, we will notify you and you will have thirty (30) days to update your Provider profile with current payment information. If after thirty (30) days, you do not update your Provider profile with current payment information, you and your services as a Provider will be immediately removed from our Website.
If you are removed from the Website because of a condition listed in the section above “For Providers Only”, NO REFUND WILL BE ISSUED UPON REMOVAL AND MEMBERSHIP CANCELLATION.
If you have any questions about annual auto-renewal or monthly installments, please contact wellness@soulbing.com.
Miscellaneous
Severability
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
Information on the Websites
The information contained on our Website is provided for informational purposes only. It is not intended to, and should not, be relied on as professional advice.
Refunds
WW DO NOT ISSUE REFUNDS FOR ANY FEES OR PROVIDER MEMBERSHIPS INCURRED THROUGH SERVICES OFFERED AND/OR COMPLETED BY ANY MEMBER OF OUR NETWORK..
Parental Controls
Pursuant to 47 U.S.C. Section 230(d) we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website NetParents at http://www.netparents.org/parentstips/browsers.html.
Governing Law and Forum for Legal Disputes
The use of the Website and any claim, cause of action, or dispute arising out of or related to the use of the Website and these Terms shall be governed by the laws of the State of Maine regardless of where you access the Website, and notwithstanding any conflicts of laws principles. All claims arising out of or related to the use of the Website and these Terms must be resolved exclusively by binding arbitration before a single arbitrator to be conducted in Portland, Maine. The parties will each pay one-half of the cost of the arbitration, but the arbitrator shall have the authority to award expenses, including attorney’s fees, if the arbitrator determines that a claim was brought in bad faith or without reasonable justification. Notwithstanding the foregoing, either party may bring an action in the state or federal courts located in Cumberland County, Maine for the purpose of obtaining preliminary injunctive relief pending the outcome of binding arbitration and all persons using the Website irrevocably consent to the jurisdiction of such courts.
YOU ACKNOWLEDGE THAT THIS MANDATORY ARBITRATION OF CLAIMS MEANS THAT YOU ARE WAIVING ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THE WEBSITE.
You also agree that regardless of any statute or law to the contrary, any claim or cause of action against SoulBeing, arising out of or related to the Website or the use of the Website, must be brought within one year after such claim or cause of action arose and must be filed in a court in Maine.
Effective Date
These Terms of Use are effective as of 06/14/2022
SoulBeing reserves the right to change, modify, or otherwise alter these Terms of Use in its sole discretion at any time.