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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

  1. The Website and its Content is owned by Tales From An Untamed Soul, LLC. (“Tales From An Untamed Soul,” “we,” “company,” “us,” or “our”) welcomes you. The term “you” refers to the user or viewer of TalesFromAnUntamedSoul.com (“Website”) and related content. These Terms of Use (the “Agreement”) apply to any access to or use of the Website and Content from this website.

We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website and its Content, you acknowledge and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”), whether or not you have read them. If you do not agree to any of these terms, then please do not use the Website.

Website Use and Consent

The Website contains material, including but not limited to words/text, sounds/music recordings, functions, design, layout, graphics, images, information, materials, documents, data, database, podcast episodes, interviews, videos, audio guides, books, e-books, coursework, lesson plans, training modules, photographs, software, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected by the United States. Unauthorized use of the Content may violate copyright, trademark, and other laws. All copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com under the copyright laws of the United States and other countries. We may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. We reserve all rights not expressly granted in and to the Website and the Content.

The entire contents of the Website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TalesFromAnUntamedSoul.com and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com Copyright © 2021. All rights reserved.

If you have purchased a service, program, product or subscription, or otherwise entered into a separate agreement with us you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict. Online purchases have additional terms of use relating to the transaction.

By accessing or using this Website and its Content, you agree to and abide by these Terms and Conditions. Any registration by, access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms and Conditions.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Disclaimer

The information contained on this website, or provided at your request, is for informational purposes only. 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, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates, or otherwise who is engaged in rendering our Website or its Content, or in any way, or in any location, including without limitation any liability for 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 agreement, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you.

Electronic Communications

When you use our Website, its Content, and our products and services, or when you send e-mails, text messages, and other communications from your desktop or mobile devise to us, you may communicate with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Terms of Service

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. Description and use of our Website

We provide Visitors and Registered Users with access to the Services as described below. Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may access on their own machines and devices and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Website), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent from us. We retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

Visitors.

Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can:

  1. view all publicly-available Content on the Website;
  2. email us;
  3. purchase products and services through our Website and become a registered user

Registered Users.

Registered Users can do all the things that Visitors can do, and:

  1. access products and services through our Website;
  2. access exclusive Content available only to Registered Users;
  3. create, access, manage, and update their own personal accounts on the Website;
  4. post comments and other content on the Website (collectively, “Registered User Content”);
  5. sign up for our various programs;

We are under no obligation to accept any individual as a Registered User and may accept or reject any registration in our sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if we determine that a Registered User has violated these Terms of Use.

2. Forum/Community Guidelines


“Forum” and “Community” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including, but not limited to, the comment section of any post. Additionally, “Forum” includes any other Website page or content area created by us on one or more social media pages, including, but not limited to, Facebook, Twitter, Google+, YouTube, Instagram, SnapChat, and Pinterest. Additionally, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.

Our community, like any community, functions at its best when its users follow a few simple rules. By accessing and/or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

      • You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose.
      • You will not upload, post, email, transmit, or otherwise make available any content that infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
      • You will not “stalk,” threaten, or otherwise harass another person.
      • You will not spam or use the Website to engage in any commercial activities. You are prohibited from using the Website to send spam, either directly or indirectly, or that in any way violates the CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.
      • If you post any Registered User Content, you will stay on topic.
      • You will not access or use the Website to collect any market research for a competing business.
      • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
      • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means. You may not probe, scan, or test the vulnerability of the Website and its Content or any network connected to the Website, attempt to breach the security or authentication measures on the Website or any network connected to the Website.
      • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website.
      • You will not use any deep-link, robot, spider, scraper (page-scrape), or other automated means, like automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or Content for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website, for the sole purpose of, and solely to the extent necessary, for creating publicly-available searchable indices of the materials, but not caches or archives of such materials.
      • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
      • You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know immediately, and we’ll review it.
      • You will not use the Website and its Content for fraudulent purposes or in connection with any criminal offence or otherwise carry out any unlawful activity.
      • You will not use the Website and its Content to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others in any way.
      • You will not use the Website and its Content to send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailing or any spam, whether intended or not.
      • You will not reverse look-up, trace, or seek to trace any information on any other user or Visitor to the Website, or any other User, including but not limited to accounts that are not yours and exploit the Website and its Content in any way where the purpose is to reveal any information, including but not limited to, personal identification or information.
      • You will not use the Website and its Content to cause annoyance, inconvenience or any needless anxiety.
      • You will not use the Website and its Content to impersonate any third party or otherwise mislead as to the origin of your contributions. You will not misrepresent yourself as someone else, individual or entity. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Community Guidelines. We and any Forum on this Website reserve the right to remove, edit, move or close any content item for any reason, including, but not limited to, comments that are in violation of the laws and regulations formed and issued pursuant to the Federal Food, Drug and Cosmetic Act.

3. Restrictions
The Website is only available for individuals aged 18 years or older. By accessing this Website and its Content, you represent that you are at least 18 years old and that you agree to and abide by these Terms and Conditions. The access and use of this website by anyone under the age of 18 years old is unauthorized, unlicensed and in violation of these Terms and Conditions.

4. Sign-in Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account(s), you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will immediately inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

5. Fees and Payment

Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and/or refund any order or part of any order placed on this website for any reason.


As consideration for any purchase you make on the Website, you shall pay us applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars.


You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).

You hereby authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

6. Intellectual Property

This Website and its Content is the property and solely owned by us and/or our affiliates, or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.


If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

When you purchase or access our Website or any of its Content, you agree that

  • You will not copy, duplicate, or steal our Website or Content. You understand that in doing anything with our Website or its Content that is contrary to these Terms and Conditions and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
  • You are permitted in specific situations to download and/or print one copy of individual pages of the Website, or its Content, which will be indicated as “Downloadable”, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keeping intact all copyright, trademark, and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.
  • You may not in any way at any time use, copy, adapt, imply, or represent that our Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for your personal use you in no way assume any ownership rights of the Content, as it is still our property.
  • You must receive our written permission before using any of our Website content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium including email, website, link or any other electronic means, any Website Content because that is considered stealing our work.
  • We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any that earns you money, unless we give you written permission to do so.
  • You may not use this Website or its Content in a manner that constitutes infringement of our rights or that not been authorized by us.

The trademarks, service marks, and logos of Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com (the “Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com including Tales From An Untamed Soul “Trademarks”) used and displayed on the Website is registered and unregistered trademarks or service marks of Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or any right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tales From An Untamed Soul ™, Tales From An Untamed Soul, LLC and TalesFromAnUntamedSoul.com Trademarks inures to our benefit.


If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content. You will not receive a refund for any purchased products and services.


Elements of the Website is protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. The Website or its Content may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including “mirroring”, to any other computer, server, Website or other medium for publication or distribution or for any commercial purposes without our express, written consent for each and every instance.

 

7. Registered User Content; Licenses

As noted above, the Website provides Registered Users the ability to post and upload Registered User Content. By posting or submitting any material on or through our Website such as comments, posts, photos, images, videos or other contribution, you are representing that you are the owner of all materials and you are at least 18 years old.


You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT US, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE.


When you voluntarily submit to us or post any comment, photo, image, video, or any other submission for the use on or through our Website, you retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the entire universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Website and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to us that such Registered User Content is your own original creation (or that you otherwise have the right to provide the Registered User Content), that you have all the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it, and its use by us and its Content partners, as permitted by this Agreement, does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines. Also see section: Representations; Warranties; and Indemnification

8. Communications with Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

9. No Warranties; Limitations of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: 


  1. WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE FEES YOU HAVE PAID US IN CONNECTION WITH ANY PURCHASES YOU HAVE MADE FROM US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

10. Links to Other Websites/External Sites

The Website may contain links and pointers to other websites maintained by third parties which may take you outside of our Website and its Content to other independent third-party websites (“External Sites”). These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. Link may direct visitors to items, including, but not limited to, various food, beverage, accommodations, products and services, applications, courses, and dietary supplement products on third party websites. These products are not intended to diagnose, treat, cure, or prevent any disease. We do not endorse and we are not responsible for the views, opinions, facts, advices, statements, accuracy or reliability, errors or omissions provided by external resources referenced in our Website or its Content. The content of such External Sites is developed and provided by others. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. You will need to make your own independent judgment regarding your interaction with these External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk and hold us completely harmless for any security breaches, viruses or malware, their privacy policy and terms of use.

11. Representations; Warranties; and Indemnification

      • If you are a Registered User, you hereby represent, warrant, and covenant that you own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder.
      • If you are a Registered User, you hereby represent, warrant, and covenant that you will use all of your Registered User Content in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
      • If you are a Registered User, you hereby represent, warrant, and covenant that you shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.
        • You agree to defend, indemnify, and hold us, our Company, and our officers, directors, staff/employees, agents, successors, affiliates, contractors, vendors, shareholders, joint venture partners, transferees, assignees, and licensees, as applicable, from and against any and all claims, cause of action, harmless from and against all damages, liabilities, losses, expenses, claims, actions, and/or demands, including legal fees and expenses, arising out of or related to our Website, its Content, in any way, or your breach of any obligation, warranty, representation, or covenant set forth in these Terms and Conditions or in any other agreement with us, including, without limitation, reasonable legal and accounting fees, arising or resulting from, your breach of this Agreement, your misuse of the Content or the Website, and/or your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY TUPE OF DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE OR CONSEQUENTIAL DAMAGES FOR ANY USE OF OR RELIANCE ON OUR WEBSITE AND ITS CONTENT, OR ON THOSE AFFILICATED WITH US IN ANY WAY, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLIAMS, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, EVEN IF WE ARE EXPRESSSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES OR DIFFICULTIES.
WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPORATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES REGARDING THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR OTHERWISE.

12. Compliance with Applicable Laws

The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Application usage, or any third party, will be governed by their Terms and Conditions and Privacy Policy. You agree to defend, indemnify, and hold us, our Company, and our officers, directors, staff/employees, agents, successors, affiliates, contractors, vendors, shareholders, joint venture partners, transferees, assignees, and licensees, as applicable, harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees for an matters that arise with any third-party.

13. Termination of the Agreement

We reserve the right, in our sole discretion, to refuse, restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and its Content, at any time and for any reason without prior notice or liability. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these Terms and Conditions with respect to the Website and its Content will still apply now and in the future, even after termination by you or us. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

14. Digital Millennium Copyright Act and Other Copyright

We respect the intellectual property rights of others and attempt to comply with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Tales From An Untamed Soul, LLC
C/O LEGALINC CORPORATE SERVICES INC.
10601 CLARENCE DR. SUITE 250
FRISCO, TX 75033

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, the DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter). Please provide our agent with notice in accordance with the requirements of the Act, including all of the following: 

a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located (multiple claims of copyright works at a single online site are covered by a single notification);
a description of the location of the original or an authorized copy of the copyrighted work;
your address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15. CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions.

16. BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA, whose qualifications must include being a lawyer with 10 years active practice representing businesses. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States in Dallas County, in Texas, in the English language. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. If this Terms and Conditions, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of the Terms and Conditions which shall be given full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tales From An Untamed Soul, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

17. Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law:
no arbitration or proceeding shall be joined with any other;
there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures;
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Texas, Dallas county, for purposes of any such action by us.

19. Miscellaneous
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Use of this Website or its Content does not create any type of personal relationship between us or constitute any type of professional advice.

20. Medical Disclaimer
This Website and its Content are not to be perceived as or relied upon in any way as medical advice. The information provided through our Website or 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. Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website, its Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition 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. We are not giving medical, psychological, or religious advice whatsoever. The information on this website has not been evaluated by the Food and Drug Administration.  NO information on this site should be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.

21. Products and Services
The products and services made available on this website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and services without obtaining our prior written consent. We may cancel or modify purchases on the website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.

22. Online Commerce
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant and our payment processing company. Please review our Privacy Policy for how we comply with securing your data.

Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the results of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, merchant or us that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply visit that merchant’s Website and click on its information links or contact the merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to asset any claims against us, or them, arising from your purchase through the use of our Website or its Content.

23. Results and Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of your use of this Website and its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website or its Content and you accept and understand that results differ for each individual. You agree that we are not responsible for your earnings, the success or failure of your personal and business decisions, the increase or decrease of your finances or income level, or any other results of any kind that you may have as a result of the information presented to you through our Website or its Content. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse, or non-use of the information provided or obtained through your use of our Website or its Content.

24. Technology Disclaimer

We try to ensure that the availability and delivery of our Website and its Content is uninterrupted and error-free. However, we cannot guarantee that you access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website and its Content become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.

25. Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because we as humans are constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors and omissions on the Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.

26. Limitations on Linking and Framing

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement, or ownership with our Website 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.
By purchasing and/or using our Website and its Content in any way, or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Website.

27. CAN-SPAM Act
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), we follow all applicable digital communication laws. As part of our services, a valid email address is required to purchase a product, and receive our newsletter, e-book, or other items. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email [email protected] and your account will be removed from our system.

Additional Policies

Before using any page on this site, please review the following:
Privacy Policy
Affiliate Policy
Accessing our Website and Content indicates acceptance of these policies.
Last updated: February 2021

Disclaimer

The information provided through this website is for informational purposes only and has not been evaluated by the FDA and is not intended to diagnose, treat, prevent or cure any illness or disease. It is not professionaladvice, nor is it intended to create any type of relationship between us. You should not act on any of the information on this website without seeking professional legal, financial, medical, mental health, travel,or other professionaladvice or care. All subscribers that havejoinedthrough a request for information initiated by the subscriber have the opportunity to opt-out at any time. We are a part of multiple affiliate sales networks; we may be compensated if you (the consumer) choose to utilize the links located throughout ourcontent andour website.By accessing or using this website, you agree to abide by the Terms and Conditions, Privacy Policy, and Affiliate Policy. Content may not bereproduced in any form.

Website Policies
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