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The Lotus Holistic Therapies/Kissing
School Terms of
Service/Disclaimer
This Web site (this “Site”) is owned and operated by the Lotus Holistic
Therapies/Kissing School (“LH/KS”). If you have any questions about this
Site or these Terms of Service/Disclaimer, please contact us at:
The Lotus Holistic Therapies/Kissing School
2808-II East Madison, Suite 202 · Seattle, WA 98112 ·
cherie@kissingschool.com · 206.324.2526
Your Consent
These Terms of Service/Disclaimer (these
“Terms of Service/Disclaimer”) govern
-
your use of this Site, including any
information made available to you through this Site, and
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your participation in the LH/KS programs
and services offered on or supported by this Site
Please take a few minutes to read these
Terms of Service/Disclaimer carefully. By accessing and using any part
of this Site, you are representing to the LH/KS that you are agreeing to
comply with and to be legally bound by these Terms of
Service/Disclaimer. IF YOU DO NOT AGREE TO THESE Terms of
Service/Disclaimer, YOU MAY NOT USE THIS SITE OR PARTICIPATE IN ANY LH/KS
PROGRAMS.
Your Representations
By accessing and using this Site, you are representing to the LH/KS that
• you are at least 18 years old,
• you have the capacity to enter into legally binding agreements, and
• you have read and understood these Terms of Service/Disclaimer.
These Terms and Conditions May Change
The LH/KS is continually improving and adding to the features and
functionality of this Site and the LH/KS Programs. As a result of these
changes (or changes in the law), we may need to update or revise these
Terms of Service/Disclaimer. Accordingly, we reserve the right to update
or modify these Terms of Service/Disclaimer at any time, without prior
notice, by posting the revised version of these Terms of
Service/Disclaimer behind the link marked “Terms of Service/Disclaimer”
at the bottom of each page of this Site. Whenever these Terms of
Service/Disclaimer are changed, we will alert you by posting a notice on
our home page. The changes will apply going forward, not retroactively.
Your continued use of this Site after we have posted the revised Terms
of Service/Disclaimer constitutes your agreement to be bound by the
revised Terms of Service/Disclaimer.
You may review the current version of these Terms of Service/Disclaimer
at any time by clicking on the link marked “Terms of Service/Disclaimer”
at the bottom of each page of this Site.
Educational purposes
Kissing School is the educational division of Lotus Holistic
Therapies. All classes are designed and facilitated by Cherie
Byrd, M.A.. All classes offered herein are intended as
educational and experiential exercises and learning material and
in no way intended as therapy, medical or psychological advice.
The experience of the class is completely under the control of
each and every participant and in no way shall Kissing School or
Lotus Holistic Therapies be liable for actions or results of the
paritcipant(s).
Cancellation or refund policy
By your registration on line or in US Mail you accept these
terms and will abide by the laws of Washington State. Kissing
School reserves the right to cancel or change class dates based
on minimum participation with at least one weeks advance notice.
Cancellations received in writing (postmarked or emailed) more
than 21 days before the workshop date may receive a tuition
refund minus a $100 handling fee, OR you may submit substitute
enrollees, OR request full credit to attend another workshop.
Fees are non-refundable with less than 21 days written
notification. Your course is transferable to
substitute enrollees for the same course date.
Substitution enrollees are only allowed for the date of the class you registered for
and are
allowed in all cases. Please contact Kissing School! as early as
possible to notify of a substitution.
Confidentiality
Your information is held
strictly confidential. It will never be shared, sold or
given to anyone without your express permission unless required by law.
Disclaimer
THIS SITE, INCLUDING ALL INFORMATION MADE AVAILABLE TO YOU THROUGH THIS
SITE, AND THE LH/KS PROGRAMS ARE PROVIDED ON AN "AS IS," AS AVAILABLE
BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER. TO THE
FULLEST PERMITTED BY LAW, THE LH/KS, ITS SERVICE PROVIDERS AND ITS
LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE WITH RESPECT TO THIS SITE, INCLUDING ALL INFORMATION MADE
AVAILABLE TO YOU THROUGH THIS SITE, AND THE LH/KS PROGRAMS.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW,
THE LH/KS, ITS SERVICE PROVIDERS AND ITS LICENSORS HEREBY DISCLAIM (A)
ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT; (B) WARRANTIES RELATING TO DELAYS,
INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THIS SITE OR ANY
PART OF IT; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF
THIS SITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION; (D)
WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY,
COMPLETENESS, SUITABILITY, RELIABILITY, OR THE RESULTS OF THE USE OF
THIS SITE, INCLUDING ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE,
OR THE LH/KS PROGRAMS; (E) WARRANTIES RELATING TO WEB SITES TO WHICH
THIS SITE IS LINKED; (F) ALL OTHER WARRANTIES RELATING TO THE
PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY THE LH/KS, ITS
SERVICE PROVIDERS, OR ITS LICENSORS.
SOME JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OR LIMITATION OF CERTAIN
WARRANTIES.
LIMITATION OF LIABILITY
YOUR USE OF THIS SITE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH
THIS SITE, AND/OR YOUR PARTICIPATION IN ANY LH/KS PROGRAM IS AT YOUR
SOLE RISK.
UNDER NO CIRCUMSTANCES, SHALL THE LH/KS, ITS SERVICE PROVIDERS OR ITS
LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR
AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES, ARISING OUT OF OR IN
CONNECTION WITH (A) YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS SITE
OR ANY WEB SITE TO WHICH THIS SITE IS LINKED; (B) YOUR RELIANCE ON ANY
INFORMATION MADE AVAILABLE THROUGH THIS SITE OR ANY WEB SITE TO WHICH
THIS SITE IS LINKED; (C) ANY REGISTRATION, APPLICATION OR SCREENING
PROCESS INITIATED THROUGH THIS SITE; (D) YOUR PARTICIPATION IN ANY
PROGRAM; (E) STATEMENTS MADE OR INFORMATION PROVIDED BY YOU OR ANY OTHER
PARTICIPANT IN A LH/KS PROGRAM; (F) THE BREACH OF THESE TERMS OF SERVICE
AND RELEASE BY ANY OTHER PARTICIPANT IN A LH/KS PROGRAM; (G) ANY
DECISION YOU MAKE OR ACTION YOU TAKE IN RELIANCE ON OR AS A RESULT OF
ANY OF THE FOREGOING; OR THE PERFORMANCE, NONPERFORMANCE OR OTHER ACTS
OR OMISSIONS OF THE LH/KS, ITS SERVICE PROVIDERS, OR ITS LICENSORS.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WHETHER THE ALLEGED LIABILITY IS BASED ON
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF
AN AUTHORIZED REPRESENTATIVE OF THE LH/KS, ITS SERVICE PROVIDERS OR ITS
LICENSORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF
OTHER REMEDIES.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH THIS SITE,
INCLUDING ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, OR THE
PROGRAMS WILL BE TO STOP USING THE SITE AND/OR THE PROGRAMS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LH/KS COULD NOT ASSUME THE RISK
OF MAKING THIS SITE OR THE PROGRAMS AVAILABLE TO YOU FREE OF CHARGE IF
THEIR LIABILITY AND YOUR REMEDIES WERE NOT LIMITED AS SET FORTH IN THIS
AGREEMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH
ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART
OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE LH/KS, ITS SERVICE
PROVIDERS AND ITS LICENSORS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES
THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED
($100.00) DOLLARS.
Release
YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY LH/KS WORKSHOP OR PLAYSHOP IS
NOT A FORM OF MEDICAL OR PSYCHIATRIC DIAGNOSIS, PSYCHOLOGICAL
EVALUATION; THERAPY, COUNSELING, OR TREATMENT. STAFF EMPLOYED OR
CONTRACTED BY THE LH/KS MAY ASSESS YOUR CIRCUMSTANCES FOR PURPOSES OF
YOUR PARTICIPATION IN THE LH/KS PROGRAMS. HOWEVER, EVEN IF A LH/KS STAFF
MEMBER IS PROFESSIONALLY LICENSED OR ENGAGED IN THE PRACTICE OF MEDICINE
OR THERAPY OUTSIDE OF THE LH/KS PROGRAMS, DURING THE COURSE OF THE LH/KS
PROGRAMS NEITHER THE LH/KS NOR ITS STAFF WILL PROVIDE ANY DIAGNOSIS,
THERAPY, COUNSELING, TREATMENT OR ANY OTHER LICENSED PROFESSIONAL HEALTH
CARE SERVICES RELATED TO YOUR PHYSICAL OR MENTAL HEALTH.
BY ACCESSING AND USING THIS SITE AND/OR
PARTICIPATING IN ANY LH/KS PROGRAM, YOU ARE AGREEING THAT :
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YOU DO NOT EXPECT TO RECEIVE ANY
DIAGNOSIS, THERAPY, COUNSELING, TREATMENT, OR PHYSICAL OR MENTAL
HEALTH CARE SERVICES THROUGH THE PROGRAMS OR FROM THE LH/KS;
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YOU ARE RESPONSIBLE FOR SEEING YOUR OWN
PHYSICIAN OR HEALTH CARE PROVIDER FOR ANY DIAGNOSES, THERAPY,
COUNSELING OR TREATMENT, AS WELL AS FOR CONFIRMING THE
APPROPRIATENESS OF THE INFORMATION AND APPROACHES TAUGHT IN THE
PROGRAMS.;
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YOU UNDERSTAND THAT THE PROGRAMS DO NOT
INCLUDE, IN WHOLE OR IN PART, ANY ASPECT OF LICENSED, REGISTERED OR
OTHERWISE PROFESSIONALLY REGULATED HEALTH CARE SERVICES UNDER THE
LAWS OF WASHINGTON OR ANY OTHER JURISDICTION, INCLUDING BUT NOT
LIMITED TO THE PRACTICE OF PSYCHOLOGY, PSYCHIATRY, LICENSED CLINICAL
SOCIAL WORK, MARRIAGE OR FAMILY COUNSELING, CHEMICAL DEPENDENCY
COUNSELING, OR MENTAL HEALTH THERAPY;
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YOU DO NOT EXPECT TO RECEIVE ANY
FINANCIAL, ACCOUNTING, TAX, CAREER OR LEGAL ADVICE THROUGH THIS SITE
OR FROM THE LH/KS; YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE
FROM YOUR OWN LAWYER, ACCOUNTANT, TAX ADVISOR, FINANCIAL ADVISOR OR
OTHER PROFESSIONAL.
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YOU TO THE FULLEST EXTENT PERMITTED BY
LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS THE LH/KS, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER PARTICIPANTS IN THE
PROGRAMS, AND THEIR RESPECTIVE SUCCESSOR AND ASSIGNS, FROM ANY AND
ALL CLAIMS, OBLIGATIONS, DEMANDS, DAMAGES, JUDGMENTS, COSTS, EXPENSE
OR LIABILITIES OF ANY KIND OR NATURE (WHETHER IN LAW OR IN EQUITY,
DIRECT OR INDIRECT, LIQUIDATED OR UNLIQUIDATED, FIXED OR CONTINGENT,
KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED), WHICH IT MAY HAVE,
OR MAY EVER HAVE, AGAINST THEM ARISING OUT OF OR IN CONNECTION WITH
YOUR USE OF THIS SITE, INCLUDING YOUR USE OF ANY INFORMATION MADE
AVAILABLE THROUGH THIS SITE, YOUR PARTICIPATION IN THE PROGRAMS, OR
ANY OTHER MATTER ARISING OUT OF OR IN CONNECTION WITH THE ACTIVITIES
OF THE LH/KS, INCLUDING, WITHOUT LIMITATION, ALL LIABILITY WITH
RESPECT TO INJURY, DISABILITY, DEATH OR LOSS OR DAMAGE TO PERSONAL
PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE LH/KS OR ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR OTHER PARTICIPANTS IN
THE PROGRAMS OR OTHERWISE.
Your Privacy Responsibilities
By using our Site and participating in our Programs, you agree to keep
any information disclosed by other participants about themselves on this
Site or during any Program activity strictly confidential. For your own
protection, use only your first name and do not provide your last name
or contact information when you participate in group activities through
this Site or as part of any Program. Use good judgment and common sense
about what and how much you disclose to other participants when you
participate in such group activities, just as you would in any public
meeting.
The LH/KS Privacy Policy
The LH/KS Privacy Policy describes the information we collect when you
and others use this Site. It also describes how we use the personal
information we collect through this Site. Our Privacy Policy is part of
these Terms of Service/Disclaimer. By agreeing to these Terms of
Service/Disclaimer, you are also consenting to our collection, use and
disclosure of your personal information in accordance with our Privacy
Policy.
Rules Governing Your Use of this Site
You agree not to use this Site to load,
post, transmit or otherwise make available:
any content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
any content that you know to be false,
misleading, or fraudulent;
any content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships (such as inside information or proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of
any individual or entity; any solicitation of money;
any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; any information about an identifiable
person without that person's permission; or
You also agree not to use this Site to:
promote any illegal activity;
impersonate any person or entity or
falsely state or otherwise misrepresent your affiliation with a
person or entity; interfere with or disrupt the Site or
servers or networks connected to the Service; in violation of any
local, state, national or international law, rule or regulation;
"stalk" or otherwise harass another; or
collect or store personal data about
other users or participants in our programs.
Under no circumstances will the LH/KS be
liable in any way for any content posted on or made available through
this Site by you or any third party.
Additional Rules Governing Specific Portions of This Site or
Participation is Specific Activities
We reserve the right, from time to time, to enforce to additional rules
with respect to specific portions of our Site or with respect to your
participation in specific Programs. These special rules will be
conspicuously posted on the relevant portions of our Site or on the
portions of our Site that describe the specific Programs. These
additional rules are part of these Terms of Service/Disclaimer, and you
agree to comply with them when you use those portions of our Sites or
participate in those Programs.
Copyright Notice and Limited License
The entire content of our Site, including, for example, all of the text,
photographs, images, illustrations, graphics, audio clips, video clips,
and audio-video clips made available through this Site (collectively,
the “Content”) is copyrighted under United States law and applicable
international copyright laws and treaty provisions. The copyrights in
the Content are owned by the LH/KS or by third parties who have licensed
their materials to the LH/KS. The entire Content of our Site is
copyrighted as a compilation under United States copyright law and
applicable international copyright laws and treaties, and the LH/KS owns
the copyright in the selection, coordination, arrangement and
enhancement of the Content.
You may download, store, print, and copy selected portions of the
Content of this Site for your personal, non-commercial use, provided
that
You do not modify or alter the Content
in any way;
You do not rent, lease, license, sell,
or otherwise use any part of the Content for profit. Except as
expressly stated above or as expressly stated on this Site, you may
not copy, download, print, publish, display, perform, distribute,
transmit, transfer, translate, modify, add to, update, abridge, or
in any other way transform or adapt all or any part of the Content
of this Site without first obtaining written permission from the LH/KS;
You do not publish, perform, display, or
post any part of the Content on any other Internet site;
You do not publish, perform, display, or
broadcast any part of the Content in or on any other media;
You do not delete
or modify any copyright or trademark notices or language of
attribution.
Trademark Notice
All of the trademarks, service marks, and logos displayed on this Site
belong exclusively to the LH/KS or their respective owners and may not
be reproduced, displayed, or used without the written permission of the
trademark owner.
Links to Third-Party Web Sites
This Site contains hyperlinks to Web sites that are not operated by the
LH/KS. The LH/KS does not control these third-party Web sites. These
links are provided for your convenience only. The LH/KS does not endorse
and shall not be responsible or liable for any content, products, or
other materials on or available from these third-party Web sites. The LH/KS
does not warrant or represent that the information and other resources
available through these third-party Web sites is current, accurate,
complete, or reliable. It is your responsibility to evaluate these
third-party Web sites and determine how you wish to use them. You access
and use these third-party Web sites, and the resources available through
these third-party Web sites, solely at your own risk.
These Terms of Service/Disclaimer do not apply to third-party Web sites.
If you access other Web sites through a link on this Site, please take a
few minutes to review the terms of use posted on each Web site you
visit.
Third-Party Information
Some of the information, articles, and other materials available through
this Site are provided to the LH/KS by third-parties. These third-party
materials are provided for your convenience only. The LH/KS does not
endorse these materials or the third parties who supplied them to us,
nor does the LH/KS represent or warrant that these materials are
current, accurate, complete, or reliable. It is your responsibility to
evaluate these materials and determine how you wish to use them.
Right to Change Web Site and Programs
The LH/KS reserves the right to alter the content or functionality of
this Site in any way, to restructure, redesign, or alter the content of
any Program; to limit your access to this Site; to deny you access to
any Program; to shut down this Site, and to cancel or reschedule any
Program, at any time, for any reason, without prior notification, and
will not be liable in any way for possible consequences of such changes.
Interpretation
As used in these Terms of Service/Disclaimer, the term “including” means
“including, but not limited to.”
Waiver
The LH/KS’s failure at any time to require performance of any provision
of these Terms of Service/Disclaimer or to exercise any right provided
for herein shall not be deemed a waiver of such provision or such right.
All waivers must be in writing. Unless the written waiver contains an
express statement to the contrary, no waiver by the LH/KS of any breach
of any provision of these Terms of Service/Disclaimer or of any right
provided for herein shall be construed as a waiver of any continuing or
succeeding breach of such provision, a waiver of the provision itself,
or a waiver of any right under these Terms of Service/Disclaimer.
Severability
If any provision of these Terms of Service/Disclaimer is held by a court
of competent jurisdiction to be contrary to law, such provision shall be
changed and interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and the
remaining provisions of these Terms of Service/Disclaimer shall remain
in full force and effect.
Governing Law, Jurisdiction, and Venue
These Terms of Service/Disclaimer shall be governed under the laws of
the State of Washington without regard to its conflicts of law
provisions. All actions or proceedings arising out of or relating to
these Terms of Service/Disclaimer shall be venued exclusively in state
or federal court in Seattle, Washington, and you hereby irrevocably
consent and submit yourself to the personal jurisdiction of said courts
for all such purposes.
Entire Agreement
These Terms of Service/Disclaimer contain the entire understanding and
agreement between you and the LH/KS with respect to your access to
and/or use of this Site and/or participation in LH/KS Programs and
supersede all previous communications, negotiations, and agreements,
whether oral, written, or electronic between you and the LH/KS with
respect thereto.
February 14, 2005 |
