Terms of Service
1. Your Acceptance
Welcome to the SoulCenteredMedicines terms of service (the “Terms of Service”). These Terms of Service are between SoulCenteredMedicines (“Soul Centered Medicines”, “us”, “we” or “our”), the owner and operator of https://soulcenteredmedicines.com/ website (the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site and any services and content accessible via the Site (collectively, the “Services”). These Terms of Service govern your access and use of the Services. We may revise these Terms of Service at any time. Use of the Services after such changes are made will constitute your acceptance of the revised Terms of Service. Please review these Terms of Service periodically.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SOULCENTEREDMEDICINES, AND ARE DEEMED ACCEPTED BY YOU UPON YOUR FIRST ACCESS AND/OR USE OF ANY OF THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE ANY OF THE SERVICES.
2. Overview of Services
Subject to payment of any applicable fees and the satisfaction of any other applicable terms expressly provided on the Site, SoulCenteredMedicines authorizes you to access and use the Services for your personal noncommercial use in accordance with these Terms of Service. You agree that your access and use of Services is at your own risk and liability, and that SoulCenteredMedicines is released of any liability in connection with same. To use certain features of the Site, you may be asked to create an account. You are solely responsible for: (a) all activity that occurs under your account; (b) providing true, accurate, current and complete information about yourself; (c) maintaining and promptly updating the information to ensure it remains accurate, current and complete; and (d) keeping the confidentiality of your username and password.
3. Responsible Use
In accessing and using the Services, you must not: (a) breach or circumvent any applicable laws or any third-party rights; (b) use the Services if you are not able to form legally binding contracts (i.e. lacking legal capacity with respect to age, mental capacity or other factor), or are temporarily or indefinitely suspended from using the Services; (c) transfer your SoulCenteredMedicines account to another party without our consent; (d) add any other user to your mailing list; (e) distribute viruses or any other technologies that may harm SoulCenteredMedicines; (f) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior written consent of SoulCenteredMedicines; (g) interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; (h) infringe the copyright, trademark, patent, publicity, moral, database and/or other intellectual property rights (collectively, the “Intellectual Property Rights”) that belong to or are licensed to SoulCenteredMedicines; (i) circumvent any technical measures we use to provide the Services or take any action to violate, interfere with or undermine the security or system integrity of the Services; (j) reproduce, copy, modify, adapt, exploit for commercial purposes, license, sublicense, distribute, transmit, translate, or create derivative works of, the Services or any part thereof except with the prior written consent of SoulCenteredMedicines or in the ordinary and prescribed use of the Services; (k) take any action that would damage, harm, or diminish SoulCenteredMedicines’ reputation, goodwill, or public image; or (l) represent or suggest that SoulCenteredMedicines endorses any user, business, product, or service, except with the prior written consent of SoulCenteredMedicines.
If SoulCenteredMedicines determines, in our sole discretion, that you are abusing the Services or failing to comply with these Terms of Service, we may, without limiting any other available remedies, limit, suspend or terminate your user account and access to our Services, and take technical and/or legal steps to prevent you from using our Services.
4. User Content
You represent and warrant that for all information that you provide to us in connection with our provision of the Services: (a) you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms of Service; (b) such information is true, accurate, current and complete; and (c) the use of any such information by us, or others in contract with us, and in compliance with these Terms of Service, does not and will not infringe any Intellectual Property Rights, privacy rights or contractual rights of any third party.
5. SoulCenteredMedicines Content
The content contained on the Services, including without limitation the text, graphics, images, audio, video and other material, as well as the taglines and look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such intellectual property laws in Romania, the United States and foreign countries, and is owned or controlled by SoulCenteredMedicines or by third parties that have licensed their Content to SoulCenteredMedicines. Unauthorized use of the Content by you may violate copyright, trademark, and other intellectual property laws. Where the Services are configured to enable download of any Content therein, SoulCenteredMedicines grants you a limited, revocable, non-exclusive license to download such Content for your personal use only, provided that you: (a) maintain all copyright and other proprietary notices contained in the original Content; (b) do not sell, manipulate, modify, reproduce, display, publicly perform, distribute, decompile, reverse engineer, disassemble or otherwise use the Content in any way for any public or commercial purpose, or any purpose outside of the ordinary intended purpose for which such Content was provided to you, without prior written permission from SoulCenteredMedicines in each instance; and (c) do not otherwise use the Content in a manner that is contrary to these Terms of Service.
The trademarks, logos and service marks (the “Marks”) displayed on the Services, and which may be included with the Content, are owned by SoulCenteredMedicines or third-party licensors. Except as expressly contemplated herein, you are prohibited from using such Marks without prior written permission from SoulCenteredMedicines or such applicable third party in each instance.
For certainty, SoulCenteredMedicines retains all right, title and interest in and to the Content and the Marks. Your use under limited license of the Content and Marks must strictly comply with the terms of these Terms of Service.
6. Fees and Payment Processing
Use of certain Services may require payment of a fee (the “Service Fees”). Unless otherwise expressly set out in the Site, the Service Fees are non-refundable. We may use third-party payment processors in order to facilitate Service Fee payments (the “Payment Processor”). We disclaim any and all liability that may result from your use of the Payment Processor and make no representation, warranty or guarantee with regards to the Payment Processor or their actions. Your activity on the Payment Processor’s sites or applications is governed by such Payment Processor’s terms and conditions. Any claim and dispute you may have in connection with the processing of Service Fees must be solely directed to such applicable Payment Processor, and you hereby release SoulCenteredMedicines, and its affiliates, and each of their officers, directors, employees and agents, from any and all claims, actions, demands or losses in connection with same.
7. No Medical Advice; No Physician-Patient Relationship
The general information provided on the Site is for informational purposes only and is not professional advice, diagnosis, treatment or care. Consult your physician prior to using any such information provided on the Site. The presentation of general information on the Site does not establish a physician-patient relationship between you and SoulCenteredMedicines.
8. Disclaimers and Liability Limitation
YOU AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CANNOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT DEFECT, ERRORS, INTERRUPTION, OR DOWNTIME. BY USING OUR SERVICES, YOU AGREE THAT SOULCENTEREDMEDICINES AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES, AND ASSIGNS, ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) IN CONNECTION WITH YOUR ACCESSING AND/OR USING, OR THE INABILITY TO ACCESS AND/OR USE, THE SERVICES. BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE THAT SOULCENTEREDMEDICINES IS NOT RESPONSIBLE OR LIABLE FOR YOUR ACTIONS OR JUDGMENTS IN CONNECTION WITH SAME. SOULCENTEREDMEDICINES IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS OR CONTENT OF THIRD-PARTIES.
IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) ARISING OR RESULTING DIRECTLY OR INDIRECTLY FROM: (A) THE CONTENT YOU PROVIDE (DIRECTLY OR INDIRECTLY) WHEN USING THE SERVICES; (B) YOUR USE OF OR YOUR INABILITY TO ACCESS AND/OR USE THE SERVICES; (C) DELAYS OR DISRUPTIONS IN THE SERVICES; (D) ANY ACTS OR OMISSIONS YOU TAKE IN THE COURSE OF USING THE SERVICES; (E) ANY RELIANCE YOU PLACE ON THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES; (F) ANY GOODS, SERVICES OR INFORMATION YOU OBTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER FROM THIRD-PARTY LINKS OR OTHERWISE; (G) ANY OTHER MATTER RELATING TO OR ARISING FROM YOUR ACCESS AND/OR USE OF THE SERVICES; OR (H) ANY ACTION TAKEN BY US IN ACCORDANCE WITH THESE TERMS OF SERVICE.
WITHOUT LIMITING ANY OF THE FOREGOING, IN ANY EVENT, SOULCENTEREDMEDICINES’ AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD PRECEDING ANY CLAIM.
THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND WILL SURVIVE THE EXPIRY OR TERMINATION OF YOUR ENGAGEMENT WITH SOULCENTEREDMEDICINES FOR ANY REASON.
You agree to defend, indemnify, and hold harmless SoulCenteredMedicines and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including without limitation reasonable legal fees, arising from or in any way relating to: (a) your breach of or noncompliance with of these Terms of Service; and (b) your access to, use, misuse, reliance upon, or inability to access or use the Services. This indemnification obligation will indefinitely survive the expiry or termination of your engagement with SoulCenteredMedicines for any reason.
You understand and agree that SoulCenteredMedicines is making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth herein will survive indefinitely, and continue to apply in the case of a fundamental breach or breaches of, the essential purpose of contract, the failure of any exclusive remedy, or the termination of these Terms of Service.
11. Service Modifications
We reserve the right at any time and from time to time, for any reason in our sole discretion, to modify or discontinue, temporarily or permanently, with or without notice the Services (including, for certainty, any user accounts and any Content). In the event of termination, you are no longer authorized to access and use the Services, or any part of the Services affected by such termination. SoulCenteredMedicines will not be liable to any party for any modification, price change, suspension or discontinuance of the Services and these Terms of Service.
(b) Governing Law. These Terms of Service are governed and interpreted pursuant to the laws of Romania, without regard to principles of conflicts of law that would impose the law of another jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located within Romania. For certainty, you hereby acknowledge that any consults, including any consultations by telephone or any other electronic means, will be performed in Romania and the courts of Romania will have exclusive and preferential jurisdiction to entertain any complaint, demand, claim or cause of action whatsoever arising out of the consult. The foregoing will not limit SoulCenteredMedicines’ right to enforce these Terms of Service in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
(c) Amendments. We may amend these Terms of Service without notice or consent at any time and from time to time in our sole discretion by posting the amended Terms of Service on the Site. We may notify you by email of any material amendments. You can determine when these Terms of Service were last revised by referring to the “Last Updated” reference expressly provided at the beginning of these Terms of Service. Your continued access and use of the Services constitute your acceptance of the amended Terms of Service.
(d) Force Majeure. Any delay in the performance by SoulCenteredMedicines of any duties or obligations hereunder will not be considered a breach of these Terms of Service if such delay is caused by circumstances beyond our reasonable control, including without limitation, significant illness, acts of government, pandemic/epidemic, floods, fires, earthquakes, civil unrest, war, strikes or other labor problems (other than those involving our employees), failures of common carriers (including Internet service providers), or denial of service attacks.
(e) Assignment. You may not assign any rights and/or obligations under these Terms of Service, either in whole or in part, without our prior written consent in each instance. These Terms of Service will ensure to the benefit of and be binding upon the parties to these Terms of Service and their respective successors, heirs and permitted assigns.
(f) Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. Waivers by us will not be effective unless in writing and duly authorized by us.
(g) Severability. If any provision of these Terms of Service is invalid or unenforceable under applicable law, such provision will be ineffective to the extent of such invalidity or unenforceability, without affecting the remainder of such provision or the remaining provisions of these Terms of Service, which will remain in full force and effect. To the maximum extent possible, each provision of these Terms of Service will be interpreted in such manner as to be effective and valid under applicable law.
(h) Language. These Terms of Service were written in the English language. If these Terms of Service are translated into another language, the English language text will in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing gender include all genders. Where the word “including” or “includes” is used in these Terms of Service, it means “including (or includes) without limitation”. Headings are for convenience only.
(i) Trial Waiver. You hereby irrevocably and unconditionally agree to waive any right you may have to a trial by jury, or commence or participate in any class action against us related to the Services and these Terms of Service.
Last Updated: January 6, 2021
2. Purpose for Collecting Information
We collect information relating to you (the “Information”), which includes without limitation your Personal Information, for the following purposes (the “Purposes”):
- to verify identity;
- to provide the Services;
- to conduct internal reviews and improvements relating to the Services;
- to keep records for medico-legal purposes; and
- to carry out any other purpose which is disclosed to you and for which you consent, or as is otherwise permitted by applicable law.
(a) General. We will not process your Personal Information without your consent, unless we are permitted or required to do so by applicable law. Your consent may be express or implied, depending on the nature and sensitivity of the Personal Information, your reasonable expectations, and the circumstances surrounding the collection of the Personal Information. Express consent is when you willingly agree (e.g., verbally, electronically or in writing) to the processing of your Personal Information for particular purposes. Implied consent is when: (i) you do not expressly give consent, but you volunteer Personal Information for obvious purposes that a reasonable person would consider appropriate in the circumstances; or (ii) you are given notice and a reasonable opportunity to opt-out of your Personal Information being processed for specified purposes, and you do not opt-out.
(c) Lawful Processing. In some situations we are legally required to disclose your Personal Information without your consent, including, but not limited to, court order.
4. Information Collection
(a) General. We may collect, process, and retain Information from you and any devices (including mobile devices) that you may use when you:
- register for an account with us;
- update or add information to your account;
- subscribe to our newsletter;
- leave a comment
- engage or communicate with us in connection with the Services;
- complete transactions using the Services; and
- otherwise access and/or use the Services.
Such Information may include, without limitation:
- identifying information such as your name, address, date of birth, telephone number, email address, and username;
- billing information;
- geographic or location information;
- content of your communications via the Services; and
- information relating to the performance of the Services you experience.
We only collect and use Personal Information to the extent necessary to fulfill the Purposes.
(b) Automatic Collection. Through your use of the Site, we may automatically collect information about how you use the Site, the areas of the Site that you visit, as well as information about your computer or mobile device, such as your Internet protocol (IP) address, device ID, physical location, browser and operating system type, referring URLs, and other technical information. This information is necessary for analyzing web traffic, troubleshooting problems, and improving the Services.
(d) Feedback. Any suggestions or comments for improving or modifying the Services that are included in your communications with us (the “Feedback”) will be deemed to be non-confidential and non-proprietary to you. You agree that: (i) SoulCenteredMedicines is therefore not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to us; (iii) SoulCenteredMedicines may irrevocably freely use, reproduce, publicize the Feedback; and (iv) you are not, nor is any other party, entitled to receive any compensation or reimbursement of any kind from us in relation to the Feedback.
5. Information Disclosure
6. Information Security
We protect your Personal Information using security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. These safeguards include a combination of physical, technological and administrative security measures that are appropriate to the sensitivity of the information. If you have reason to believe your account or information has been abused, please contact us immediately. Please also note that no method of transmission over the Internet, or other method of storage, is 100% secure. Therefore, we cannot guarantee absolute security.
7. Third Party Policies
The Services may contain links to third-party websites or applications that are not owned, maintained or operated by SoulCenteredMedicines. Unless otherwise provided on the Site, any such links are provided solely as a convenience to you and not as an endorsement by SoulCenteredMedicines. SoulCenteredMedicines is not responsible for the content of such linked third-party websites or applications and does not make any representations, warranties or guarantees regarding the content or the privacy practices of such third-parties. For certainty, SoulCenteredMedicines disclaims any liability associated with your access to, use of, download of, or reliance on, such third-party websites or applications and their content. If you decide to access, use or download any such third-party website, application or content, you do so at your sole risk.
8. Newsletter Subscription
We offer users the opportunity to sign up to our newsletter to receive helpful news, tips, offers and updates. If at any point in time you wish to unsubscribe from our newsletter, you may do so by clicking “Unsubscribe” in any such communication or by contacting us.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
12. Embedded content from other websites
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
14. Withdrawal of Consent & Changes to Personal Information
Subject to applicable law, you have certain rights relating to your Personal Information, which include without limitation the following:
(a) Accuracy. SoulCenteredMedicines takes reasonable steps to help ensure that the Personal Information we collect from you is accurate, complete and current. You may request access to your Personal Information and request that erroneous or inaccurate Personal Information be updated.
15. Data Retention
SoulCenteredMedicines retains Personal Information for as long as necessary to provide the Services, and for other essential purposes such as complying with our legal obligations and resolving disputes. After it is no longer necessary for us to retain your Personal Information, we dispose of it in a secure manner.
17. Contact Us
Last Updated: January 6, 2021