The Spiritsence Site and Services
1. The Services allow you to search for and engage third party independent advisors (“Advisor” or “Advisors”) to seek advice directly from or ask questions directly to such Advisors.
2. You understand that any information provided to you by any Advisors is intended for general entertainment or informational purposes only and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional.
The Spiritsence Site and Advisors
1. In order to participate in the Site or the Services as an Advisor, you will be obligated to review and accept the Spiritsence Advisor Program Agreement.
2. Any and all persons who use the Site and Services are bound by this Agreement and you understand that even if you are an Advisor, this Agreement applies to you as well.
The Relationship between You and Advisors
1. You understand the Services enable you to negotiate with, communicate with, and engage an Advisor directly, as well as pay the Advisor directly, for the services purchased by you from any such Advisor (each such engagement a “Transaction”).
2. You understand that any Transaction is a binding contract between you and an Advisor and that Spiritsence is not a party to any such contract and is not a party to any Transaction.
3. You understand that Advisors are neither employees nor agents nor representatives of Spiritsence.
4. You are solely responsible for every Transaction occurring under your account.
5. You understand that Spiritsence is not responsible for and does not screen Advisors nor verify the identity of any Advisor or user and that Spiritsence does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, biography, resume, expertise, claims or background of any Advisor or any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor.
6. You understand that while Spiritsence will from time to time use reasonable efforts to update information posted on the Site and Services generally and in connection with the Advisors, under no circumstances will Spiritsence be liable for any loss or damage caused by your reliance on any information, opinion, advice, or statement available on or through the Site or Services.
7. You understand that it is your duty to confirm or verify any information provided by any Advisors and that you bear the sole risk of relying on any such information.
8. You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site or to another in the course of using the Site. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
9. You understand that you shall not provide any Advisor with your personal contact, address, or other sensitive information of a similar nature.
10. You understand that you are not to directly provide the Advisor with any payment, credit card, or other payment information.
Fees and Payment
1. You understand that any and all credit card, bank, or other payment information supplied by you to pay for any Transaction is transmitted directly to PayPal or any third party payment or service facility used by Spiritsence, which processes, stores, and otherwise uses such information in order to facilitate payment to an Advisor.
2. You agree that you will be subject to PayPal’s terms and conditions as well as privacy policy.
3. You understand that all pricing, rates, and fees for any Transaction are set by the applicable Advisor and that Spiritsence does not set any such pricing, rates, and fees.
4. You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and kept updated with PayPal or any third party payment or service facility used by Spiritsence and that you are fully authorized to use such credit card and payment information and PayPal account (or account with any third party payment or service facility used by Spiritsence) for purposes of paying for any Transaction.
5. You understand that once you make payment for any and all Transactions, you will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue.
6. You understand that all payments are final and that Spiritsence offers no refunds.
The Agreement between Spiritsence and You
You are responsible for reviewing changes to this Agreement
1. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
2. This Agreement applies to all users of the Site and the Services, including Advisors.
3. Spiritsence may make changes to this Agreement from time to time without specifically notifying you.
4. Spiritsence will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
5. If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
6. In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by Spiritsence from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Spiritsence may edit or modify anything on the Site or Services without notice
Spiritsence is committed to delivering a positive user experience and you understand that Spiritsence reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice and without undertaking any duty to do so.
You are responsible for accepting updated versions of the Site and Services
1. If Spiritsence provides updated versions of the Site and the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
2. If you do not accept updated versions of the Site and Services, Spiritsence shall not bear any responsibility or liability for your decision.
What Laws and Rules You Are Responsible For Following
1. You must be eighteen (18) or older to use the Spiritsence Site or Services. You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older. Any use of or access to the Site or the Services by anyone under eighteen (18) is unauthorized.
2. The Site and the Services are not intended for use by children, especially those under age thirteen (13).
3. You understand that you may not use the Site or the Services where such use is prohibited.You represent and warrant that you are eighteen (18) or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
4. You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
5. You are responsible for all of your activity in connection with the Site and the Services.
6. You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you. You understand that you are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account.
7. You understand that you will be fully responsible for all activities that occur under your account, user name and/or password.
8. You agree not to allow someone who is not you to use your account, username or password at any time.
9. You agree not to register multiple accounts, and shall at all times have at most one active account.
10. You agree to immediately notify Company of any unauthorized use of your password or your user name.
11. We strongly encourage you to change your password at least once a month and you understand that Spiritsence will not be liable for any loss that you incur as a result of someone else using your account or your password.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
1. You understand Spiritsence may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time and that Spiritsence reserves the right (without undertaking any duty) to use “geo-filtering” or other technologies to block access to certain jurisdictions, in its sole discretion, without notice.
2. You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
3. You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
Spiritsence may terminate your use of the Site and/or Services without reason or notice to you
While Spiritsence respects its users, you agree that Spiritsence may terminate your membership or use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
You agree to comply with Spiritsence’s conduct policies when using the Site or Services
We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Services or Site except as expressly authorized by Spiritsence;
2. You will not take any action that imposes or may impose (as determined by Spiritsence in its sole discretion) an unreasonable or disproportionately large load on Spiritsence’s (or its third party providers’) infrastructure;
3. You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
4. You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
5. You will not bypass any measures Spiritsence may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
6. You will not run any form of auto-responder or “spam” on the Site and Services;
7. You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
8. You will not harvest or scrape any content or materials from the Site and Services;
9. You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
10. You will not threaten, intimidate or harass another user or any Advisor;
11. You will not use abusive language towards Advisors, other users, or Spiritsence staff members, including but not limited to chat sessions, chat reviews, and forums;
12. You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birthdate, home address, IP address, social security number, or credit card number) for commercial or unlawful purposes;
13. You will not upload, post, transmit, share, store or otherwise make available 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;
14. You will not upload, post, transmit, share, store or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you (ii) are taken by you or your friends, or (iii) are original content created by you;
15. You will not knowingly transmit false or misleading information through the Site or the Services.
16. You will not use the Site and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) Spiritsence’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction; or would cause Spiritsence to be in violation of any law or regulation, or to infringe any right of any third party.
17. You will not publish falsehoods or misrepresentations that may damage Spiritsence or any third party.
18. Gambling activities, or the payment or acceptance of payments relating to gambling activities, are expressly prohibited.
19. You will not transmit any Submission and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
20. You will not use the Site and Services to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose.
21. You will not otherwise take any action in violation of Spiritsence’s guidelines and policies.