Terms and Conditions

Last updated January 23, 2021

 

This Site (www.opentobeing.com) is owned and operated by Open to Being, LLC. (referred to in these terms as “we”, “us”, and “our”).

Please take the time to read the terms and conditions (“Terms”) that apply to your use and enjoyment of this Site and the content made available to you via this Site and our social media channels. These Terms together with our Privacy Policy apply to all Site visitors, customers, and all other users of the Site (“user”, “you” and “your”). 

 

Consent to Terms

You agree that by accessing and using this Site, our social media channels, and any other materials made available to you or provided to you on this Site, whether for purchase or not, you are taken to accept our Terms. Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms.

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely through electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date posted on the Terms. It is your responsibility to review these Terms before use and periodically throughout your use of our Site and services.

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.

If at any time you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.

 

Minors

By using the Site, accessing or purchasing materials, products, or services, you warrant that you are over 18 years of age and have the legal capacity to enter into a legally binding contract; have read and accepted these Terms; and will comply with these Terms.For any Site products or services expressly designated by Open to Being, LLC as available to minors, you additionally agree that you, as the designated adult for a particular minor, will accompany that minor throughout the entire experience, whether virtually or in person.

 

Intellectual Property

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, digital products, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

 

The Content and the Marks are provided on the Site “as is” for your information and personal use only. Where you download or purchase our digital products, including guides, ebooks, workbooks, video, or audio content, you are granted a non-exclusive, non-transferable, limited license to access and use the digital products for your own personal use. By downloading, printing, or otherwise using our Content for personal use, you in no way assume any ownership rights of the Content. You may not assign or transfer our digital products to any other person without our express written consent.

Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, modified, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us at [email protected]

 

Limitations on Linking and Framing

You may establish a hypertext link to our Site or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Ste or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

 

Third-Party Websites and Resources

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of, nor are we responsible for the content on those websites. You agree and acknowledge that you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

 

Registering and Creating an Account

To place orders and access some features of the Site, you may need to register an account. You agree to keep your password confidential and will be responsible for all use of your account and password. You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

When you create an account, you agree that you:

  1. will give us accurate information including your name, address, a valid email address and telephone number (if requested) and that you’ll update information should there be any changes to the information provided;
  2. will be solely responsible for the activity that occurs on your account (including orders placed on your account);
  3. will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  4. will not use the Site for any illegal or unauthorized purpose.

 

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

Payments, Refunds, and Discounts

We offer the option to pay for the Site products and/or services by credit card, PayPal, or such other method of payment as notified by us. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorize us to automatically charge the credit card on file for any payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to the products or services.

Refunds are offered only at our sole discretion, or otherwise in accordance with the information provided on the Site or in these Terms. Where there are requirements or criteria to be able to receive a refund, the decision regarding this refund remains in our sole discretion. Exceptions or conditions for specific products or services will be noted in the product or service description.

You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.

We may provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

 

Digital Products and Services

Digital products and services may be available for download from this Site. You agree and accept full responsibility and risk for downloading and using the Site’s digital products and services. You agree that you will indemnify and hold harmless Open to Being, LLC and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use.

We reserve the right at any time to modify or discontinue any digital product or service without notice at any time. We shall not be liable to you, or to a third party for any modification, price change, suspension or discontinuance of the product or service.

 

Photography and Video

You consent that we may capture (including by photograph or video) any participation in any type of event that may be run by us. You acknowledge and agree that we can use content captured at these events at our sole discretion, including to advertise or promote the business. You may be required to specifically sign a waiver or consent form to acknowledge your acceptance of these terms and that may be required to agree to other Additional Terms in order to participate in the event.

 

User and Guest Contributions

On our Site, we present examples and insights of people’s experiences for illustration purposes only; any results personally achieved are due to the individuals themselves. These testimonials show users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results. 

Through the use of this Site, you may be invited to: submit a review, comment, chat, contribute to or participate in blogs, message boards, online forums, and other functionality. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

When you create or make available any contributions, including reviews, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these Terms;
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms.
  4. you are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions;
  5. you may, at any time, ask us to delete your contributions from our Site, social media, or other channels.

In addition, you warrant that your contributions:

  1. are not false, inaccurate, or misleading;
  2. are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
  3. are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
  4. do not ridicule, mock, disparage, intimidate, or abuse anyone;
  5. do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
  6. do not violate any applicable law, regulation, or rule;
  7. do not violate the privacy or publicity rights of any third party;
  8. do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
  9. do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  10. do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
  11. do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation;

User contributions, including reviews, are not endorsed by us and do not necessarily represent our opinions or the views of any of our partners. We disclaim all liability with respect to any content submitted by the user or guest blogger. We have no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.

We may accept, reject, or remove reviews, comments, or user content in our sole discretion. We reserve the right to remove a review or comment if such review or comment contains libelous or otherwise unlawful, abusive or obscene material; attacks us or another contributor; discloses your personal information; or is unrelated to the post or content to which you have reviewed or commented on. We have the right, in our sole and absolute discretion to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions to place them in more appropriate locations on the Site; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

 

Prohibited Use

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  3. use a buying agent or purchasing agent to make purchases on the Site;
  4. use the Site to advertise or offer to sell goods and services;
  5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  6. engage in unauthorized framing of or linking to the Site;
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct;
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  11. attempt to impersonate another user or person or use the username of another user;
  12. sell or otherwise transfer your profile;
  13. use any information obtained from the Site in order to harass, abuse, or harm another person;
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
  18. delete the copyright or other proprietary rights notice from any Content;
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  24. use the Site in a manner inconsistent with any applicable laws or regulations.

 

Site Management

We reserve the right, but not the obligation, to: 

  1. monitor the Site for violations of these Terms;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  5. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

Termination of accounts

We reserve the right to immediately remove your access to our Site, products and services, and Content, without refund or notice, if you are found to be violating these Terms or applicable law or your conduct impacts our reputation. In the event of cancellation or termination, you are no longer authorized to access the part of the Site or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Site and its Content will apply now and in the future, even after termination by you or us. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

Corrections, Modifications, and Interruptions

We reserve the right to change, modify, or remove anything on the Site at any time or for any reason at our sole discretion and without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. However, we have no obligation to update any information on our Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

 

Disclaimers

Our Site and Content are provided on an as-is and as-available basis. We make no warranties as to our Site and Content. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

By referencing or referring to anything on our Site including products or services, programs, courses, any processes, or other information, this does not constitute or imply our endorsement, sponsorship or recommendation in any way.

We do not accept responsibility for determining whether our products and/or services are appropriate for you. We reserve the right to deny service and refund the cost of that product and/or service for any reason including where we believe that the product and/or service would be dangerous or would not be appropriate for you, or we believe that further professional advice should be sought. 

The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional. This Site and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. We are not giving medical, psychological, or religious advice. are not providing health care, medical or 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. The information provided through our Site and Content 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. You will not disregard professional medical advice or delay seeking professional advice because of information you have read on this Site or received from us in any other way. You will not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional.

Open to Being programs may include physical movements as well as guided relaxation and meditation. As is the case with any physical activity, the risk of injury, even serious or disabling, is always present and cannot be entirely eliminated. You acknowledge and agree that when participating in Open to Being physical activities, there may be the possibility of physical injury. It is your responsibility to consult with a physician prior to participation in any unfamiliar or new physical activity.

You agree that you are using your own judgment in using our Site and its Content and you agree that you are doing so at your own risk and that specific results are not guaranteed in any way related to this Site and/or any of its Content. You are solely responsible to decide whether to participate in or practice anything contained in this Site and Content. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Site or any of its Content.

 

Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Virginia (USA) applicable to agreements made and to be entirely performed within the State of Virginia, without regard to its conflict of law principles. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

California Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

 

Miscellaneous

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

If you are uncertain about the Terms or have any questions, you can contact us at [email protected]