CONDITIONS OF USE AND DISCLAIMER
By using Shop.GuideToTheSoul.com and Guide to the Soul, LLC’s services you agree to these conditions. Please read them carefully.
All content included in or made available by any Guide To The Soul, LLC service and through Shop.GuideToTheSoul.com including text, images, graphics, logos, digital downloads and audio clips is the property of Guide To The Soul, LLC and is protected by United States and international copyright laws.
Logos and names contained within this site are trademarks of Guide To The Soul, LLC and Robert Clancy and may not be used in connection with any product or service, nor used in any manner that disparages or discredits Guide To The Soul, LLC or Robert Clancy. Trademarks owned by Guide To The Soul, LLC and Robert Clancy may be used only with the written permission of the trademark owner.
You may return new or unopened items sold by Guide To The Soul, LLC on the Shop.GuideToTheSoul.com website within 30 days for a full refund. Refunds will not be given for downloaded files including but not limited to music, meditations and courses.
Items are shipped back to Guide To The Soul, LLC at your own expense. We strongly advise that you purchase proof of postage, shipment tracking or insurance when you ship items for return as Guide To The Soul, LLC will not be held responsible for any items which are lost by any mail carrier or courier.
If you have requested a replacement item this will be shipped to you within two weeks of your item having reached us. If you have requested a refund this will be made to your original payment method within two weeks of your returned item having reached us.
Disclaimer of Warranties
The information and products on this website are provided “as is” and “as available”. Guide To The Soul, LLC makes no representations or warranties of any kind, expressed or implied, as to the operation of Guide To The Soul, LLC’s services or the information, content, materials, products including downloaded files and software or other services included on or otherwise made available to you through Shop.GuideToTheSoul.com, unless otherwise specified in writing.
You expressly agree that use of the Shop.GuideToTheSoul.com website is at your sole risk. To the full extent permissible by applicable law, Guide To The Soul, LLC disclaims all warranties either expressed or by implied, including but not limited to, warranties of merchantability or fitness for a particular purpose. Guide To The Soul, LLC does not warrant that services, content, material, products, including downloaded files and software, or other services made available to you through Shop.GuideToTheSoul.com or electronic communications sent from Guide To The Soul, LLC are free from viruses or other harmful components.
Guide To The Soul, LLC disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or any way related to (a) any errors or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions therefrom, the unavailability of this site or any portion thereof, (d) your use of this site, or (e) your use of services, equipment, products and software in connection with this site.
The material and information on our website is provided solely for entertainment or promotional purposes.
Changes are made periodically to Guide To The Soul, LLC documents including general information and information on events and schedules, and these changes may or may not be reflected in the materials or information present on the Shop.GuideToTheSoul.com website. Additionally, because the website is frequently under development, materials and information may be deleted, modified, or moved to a different part of the website by us and without notice.
Termination and Modification
The sites reserve the right to terminate your access to and use of the sites, in its sole discretion, without notice and liability, including without limitation, if the site believes your conduct fails to conform with these Terms. The sites also reserve the right to investigate suspected violations of these Terms. Any violation of these Terms, may be referred to law enforcement authorities.
The sites reserve the right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time, any materials, downloads or programs available on the sites without limitations, including the cessation of all activities associated with the sites, with or without notice. You agree that the sites and Guide To The Soul, LLC parties will not be liable to you or to any third party for any modification, suspension or discontinuance of the sites or any part thereof.
These terms and the interpretation of these terms will be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Conventions on contracts for the international sale of goods, if otherwise applicable. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the sites, the use or access thereof, or these terms must be in the federal courts located in Albany, New York, or Albany County, New York, and you hereby consent and submit to the exclusive personal jurisdiction and venue of the federal courts located in Albany, New York, or Albany County, New York, for any such legal proceeding, any cause of action or claim you claim you have with respect to any sites.
Dispute Resolution/Mediation/No Class Relief
If any controversy, allegation or claim arises out of or relates to the sites, the materials, your use of the sites, and these Terms, (collectively, “Dispute”), or to any of the sites actual or alleged intellectual property rights (an “excluded dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or excluded dispute, along with a proposed resolution of it. If we do not have a current address for you then , then we have no obligation under this section. Your notice to us must be sent to the Guide to the Soul, LLC, Attn: General Counsel, 135 Mohawk Street, Cohoes, NY 12047. For a period of sixty days from the date of receipt of notice from the other party, the sites or the Guide To the Soul, LLC parties will engage in a dialogue in order to attempt to resolve the dispute or excluded dispute though nothing will require either party to resolve the dispute or excluded dispute on terms with respect to which you and the sites or the Guide To The Soul, LLC parties, in each of our sole discretion are not comfortable.
If we cannot resolve a dispute as set forth above within sixty days of receipt of the notice, then either you or we must submit the dispute to formal mediation in Albany, New York, or Albany County, New York, administered by the Judicial Arbitration Mediation Services (JAMS). The mediation shall be conducted by a mediator agreed on by the parties no later than ninety days from the notice of dispute. If the parties are unable to timely select the mediator, JAMS, as the case may be, shall designate the mediator. The parties must split the cost of the mediation equally.
Disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the above section.
Except to the extent that mediation is required, any action or proceeding relating to any dispute or excluded dispute may only be instituted in federal court in Albany, New York or Albany County, New York. Accordingly you and the sites and the Guide to the Soul. LLC parties consent to the exclusive personal jurisdiction and venue of such courts for such matters.
This section can only be changed or terminated upon mutual written agreement.
You agree that we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the site, or in another reasonable manner, and we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address.
The failure of the sites and the Guide to the Soul, LLC parties to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit the sites or the Guide to the Soul, LLC parties rights with respect to such breach or any subsequent breaches. The sites and Guide to the Soul, LLC parties may assign their rights and duties under these Terms to any party at any time without notice to you. If any provision of these Terms will by unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You agree that these Terms will not be constructed against the sites or the Guide to the Soul, LLC parties by virtue of having drafted them. The sites reserve the right to deny access to all or part of the sites to you or any person it its sole discretion without notice or liability of any kind.