Please recognize the
rather formal nature of our "Terms and Conditions of Use." We feel they do not represent overall tone or beliefs of
our work, but our legal advisors tell us they are very important and demand that we include them. It is illegal to
not have these statements, and the Federal Government could slap us with an extremely hefty fine if we did not
inform you of our policies and Terms of Use.. That said; please experience peace and patience with us as you read
through them. Thank you.
TERMS AND CONDITIONS OF USE
Please Read These Terms and Conditions of Use Carefully Before Using This Site.
Please Print for Your Records.
Spiritevolving.com and TFO Enterprises provide this Internet site and related products and
services subject to your compliance with the terms and conditions of use set forth below. If you do not agree to
any of these terms and conditions, do not use this site. Your continued use of this Site evidences your agreement
to each of these terms and conditions of use and constitutes a legally binding contract between you and
Spiritevolving.com and TFO Enterprises.
Spiritevolving.com and TFO Enterprises reserve the right to
change or modify these terms and conditions of use at any time. Any change or modification made by
Spiritevolving.com and TFO Enterprises will be effective immediately upon posting on the Site and your continued
use of the Site means that you have agreed to accept any changes or modifications made by Spiritevolving.com and
TFO Enterprises. You may contactus if you have any questions.
Private Consultations are
for persons of 18 years or older only.
Disclaimer Regarding Posted Content and
Information
Opinions, advice and all other information expressed by
information providers ("Information Providers") under contract with Spiritevolving.com and TFO Enterprises
represent their own views and not necessarily those of Spiritevolving.com and TFO Enterprises. Spiritevolving.com
and TFO Enterprises should not be relied on for important personal decisions. For individual situations, you should
seek personal professional advice. SPIRITEVOLVING.COM AND TFO ENTERPRISES DO NOT ENDORSE, ASSERT OR STAND BEHIND
THE TRUTHFULNESS, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF OPINIONS, ADVICE OR STATEMENTS GIVEN OR MADE
BY ANYONE OTHER THAN AUTHORIZED SPOKESPEOPLE FOR SPIRITEVOLVING.COM OR TFO ENTERPRISES IN ANY MANNER ON OR THROUGH
THE SPIRITEVOLVING.COM WEBSITE. INFORMATION PROVIDERS, EXPERTS, CONTRIBUTORS AND VISITORS TO SPIRITEVOLVING.COM ARE
NOT AUTHORIZED SPIRITEVOLVING.COM OR TFO ENTERPRISES SPOKESPEOPLE. SPIRITEVOLVING.COM, TFO ENTERPRISES, ITS
INFORMATION PROVIDERS, EXPERTS, AND CONTRIBUTORS ASSUME NO LIABILITY FOR RESPONSIBILITY FOR YOUR USE OF THIS SITE.
NEITHER SPIRITEVOLVING.COM, TFO ENTERPRISES, NOR ANY OF ITS INFORMATION PROVIDERS, EXPERTS, CONTRIBUTORS, NOR
VISITORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE, OF ANY KIND, TO YOU, OR ANY OTHER PERSON, FOR ANY
INACCURACY, ERROR, OMISSION, OR DELAY IN ANY INFORMATION, DATA, OR MESSAGE POSTED OR OTHERWISE TRANSMITTED OVER THE
SPIRITEVOLVING.COM WEBSITE.
All material and information presented by
Spiritevolving.com and TFO Enterprises on the Site is intended to be used for entertainment or informational
purposes only. Any statements on the Site made about any specific product or group of products have not been
evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in
all individuals. The statements and products on this Site are not intended to diagnose, treat, cure or prevent any
condition or disease. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER BEFORE RELYING ON THE
SUGGESTIONS AND RECOMMENDATIONS MADE ON THE SITE AND TO DETERMINE IF ANY PARTICULAR PRODUCT AVAILABLE ON OR THROUGH
THE SITE IS SAFE AND APPROPRIATE FOR YOU TO USE.
In addition, the information provided by Spiritevolving.com
and TFO Enterprises cannot take into account any specific individual's medical condition and is not intended to be
in any way a substitute for professional health care advice, counseling and treatment. If you suspect that you may
have a health condition or problem, please consult your professional healthcare provider immediately. Never
disregard your professional health care provider's advice, or refuse to seek professional medical advice, based on
any information presented on this Site.
Privacy Your privacy is closely
guarded at Spiritevolving.com and TFO Enterprises. We will never share, rent, sell, divulge, barter or otherwise
share personal or purchase information you have given us with anyone outside of our company. If you wish to
sign up for our information updates, we will periodically email you with a Spiritevolving.com update.
You may opt out of these e-mail updates at any time. All of our e-mail communications are produced by an automatic
response system and contain unsubscribe links and direction at the bottom of the communication. As with every site
on the Internet, the IP address and domain name of every computer connecting to this site is registered in the
site's log files. The domain name and IP address reveal nothing personal about you other than the IP address from
which you have accessed this site. Spiritevolving.com and TFO Enterprises uses this information purely for the
purposes of analyzing and monitoring site traffic aggregates. This information is never used to monitor the
activities of individual visitors. If you have any questions about this privacy statement or any other practices of
this site, please contact
us.
Security
We have taken many precautions to ensure that shopping at
this site is secure. We employ the industry-standard Secure Sockets Layer (SSL) protocol to ensure the highest
security for your online credit card transactions. The SSL technology encrypts the information that you submit to
us when placing an order, so that it cannot be intercepted. (You will see a lock or key on the lower left- hand
corner of your browser window, which also lets you know its secure.)
Products Available on this Site
Spiritevolving.com and TFO Enterprises attempt to
accurately display all products sold on this Site, however, the quality of the colors and textures you see on your
computer depends on many factors, including without limitation, the quality of your monitor, the integrity of the
connection to our site, and the translation of languages in the Internet Protocol. Spiritevolving.com and TFO
Enterprises do not guarantee that your display of the details, colors or textures of any product available on this
Site is accurate.
The products displayed on this Site may or may not be
available in limited quantities and Spiritevolving.com and TFO Enterprises have no obligation to attempt to obtain
additional products that are no longer in stock. Spiritevolving.com and TFO Enterprises cannot guarantee the
availability of any products displayed on the Site, nor can it warrant that any product would be made available for
any time period. If you have any questions concerning the availability of a particular item, please
contact us.
The purchase of any products available on the Site is
governed by the terms and conditions of the sales transaction as stated below.
Copyrights and Trademarks
This Website, Spiritevolving.com
(http://www.spiritevolving.com) is copyright 2006 spiritevolving.com® and TFO Enterprises®. All rights reserved.
Soulful Living is a registered trademark of TFO Enterprises®. The following list of trademarks are the property of
TFO Enterprises®: Spiritevolving.com (tm), Visioning your life as Divine (tm), Spirit Evolving Today (tm), The
Spiritual Evolutionist (tm), and may not be used without the express written permission of Spiritevolving.com and
TFO Enterprises.
All other trademarks, service marks and logos used on this
Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In
addition, elements of the Site are protected other federal and state intellectual property laws and may not be
copied, reproduced, downloaded or distributed in any way in whole or in part without the express written permission
of Spiritevolving.com.
This website contains materials created, developed,
licensed and/or commissioned by Spiritevolving.com and TFO Enterprises. All content herein is protected by national
and international copyright and trademark laws. Neither content (including but not limited to text, images, audio
and/or video), nor software (including but not limited to any images or files incorporated in, or generated by the
software) may be copied, modified, reproduced, republished, posted, transmitted or redistributed in any way without
the prior written permission of Spiritevolving.com, TFO Enterprises, and its applicable licensor.
All text, graphics, multimedia content or other material
available from the entry point URL http://www.spiritevolving.com.com and pages within that domain (the "Site") and
all related code, including but not limited to images, illustrations, audio and video clips, HTML, other mark-up
languages, and all scripts within this site are the property of Spiritevolving.com and/or its affiliates and are
protected by copyrights that are owned or controlled by Spiritevolving.com or by third parties whose product is
presented on the pages of Spiritevolving.com website. Material from the site may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any way except that you may download one copy of the
materials on any single computer for your personal, noncommercial home use, provided you keep intact any copyright
and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a
violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer
environment is prohibited.
Further, you may not decompile, reverse engineer, or
disassemble the content and software constituting this site. You may not modify or obscure any copyright or other
proprietary notices contained herein.
Every attempt has been made to supply complete and accurate
information herein; however Spiritevolving.com and TFO Enterprises assume no liability for responsibility for your
use of this site, or for any infringement of third party rights that may result from your use of this site. If you
have any questions about these terms, or would like information concerning licensing materials from
Spiritevolving.com and TFO Enterprises, please contact us.
No Warranties
ANY PRODUCTS SOLD ON THE SITE, CONTENT OR INFORMATION
CONTAINED WITHIN THE SITE OR ANY SITE-RELATED SERVICE, ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THIS SITE AND ALL PRODUCTS AVAILABLE ON THE SITE AND ANY SITE-RELATED SERVICES. CARE INSTRUCTIONS FOR ALL
MERCHANDISE IS LISTED ON THE ITEM'S PRODUCT PAGE, AS WELL AS, IN SOME INSTANCES, ON INFORMATION ACCOMPANYING THE
PRODUCT, AND MUST BE FOLLOWED TO INSURE THE QUALITY AND APPEARANCE OF THE ITEM.
IN ADDITION, SPIRITEVOLVING.COM AND TFO ENTERPRISES DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SPIRITEVOLVING.COM AND TFO ENTERPRISES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT SPIRITEVOLVING.COM AND TFO ENTERPRISES) ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THESE
MATERIALS. IN PARTICULAR (BUT WITHOUT LIMITATION), SPIRITEVOLVING.COM AND TFO ENTERPRISES ARE NOT RESPONSIBLE FOR
THE CONTENT, INTEGRITY, OR THE PRODUCTS OFFERED ON ANY SITES THAT MAY BE LINKED TO THIS SITE. THE LINKED SITES ARE
FOR YOUR CONVENIENCE AND EASE OF USE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK. SPIRITEVOLVING.COM AND TFO
ENTERPRISES ARE SIMILARLY NOT RESPONSIBLE FOR ANY ADVERTISEMENTS BY ANY COMPANIES, WHOSE ADVERTISEMENTS, BANNERS,
OR OTHER INSIGNIA MAY APPEAR ON OUR SITE. THOSE ADVERTISEMENTS, IF ANY, ARE OFFERED FOR THE CUSTOMER'S INFORMATION
ONLY, AND NOT AS A SOLICITATION, APPROVAL, CERTIFICATION, OR ANY OTHER VALIDATION OF SAID COMPANY, PRODUCT OR
SERVICE WHICH MAY BE ADVERTISED.
Although Spiritevolving.com and TFO Enterprises attempt to
ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or
accuracy of the Site. It is possible that the Site, including but not limited to any listed prices, quantities or
other information concerning products, services or promotions available on the Site, could include typographical
errors or inaccuracies. In the event that a product, service or promotion is listed at an incorrect price or with
incorrect information due to a typographical or other error, Spiritevolving.com and TFO Enterprises have the right
to refuse or cancel any orders or registrations placed for the products, services or promotions at the incorrect
price or based on the incorrect information. In addition, Spiritevolving.com and TFO Enterprises are not
responsible for and has no obligations arising out of any unauthorized additions, deletions and alternations made
to the site by third parties. In the event that an inaccuracy arises, please inform Spiritevolving.com and TFO
Enterprises so that it can be corrected.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SPIRITEVOLVING.COM AND TFO
ENTERPRISES, ITS AFFILIATES AND SPONSORS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE
PRODUCTS AVAILABLE ON THE SITE, SITE-RELATED SERVICES AND/OR CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE EVEN
IF SPIRITEVOLVING.COM AND TFO ENTERPRISES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS AND
SERVICES. SPIRITEVOLVING.COM AND TFO ENTERPRISE'S SOLE AND EXCLUSIVE LIABILITY ARISING FROM ANY PRODUCT SOLD ON THE
SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED, AND UNDER NO CIRCUMSTANCES WILL SPIRITEVOLVING.COM AND TFO
ENTERPRISES BE RESPONSIBLE FOR ANY DAMAGES, COSTS, EXPENSES, OR OTHER LIABILITY CREATED BY VIRTUE OF ANY DEFECT,
DELAY IN SHIPPING, UNAVAILABILITY, OR DAMAGES TO ANY GOODS, PRODUCTS OR SERVICES OFFERED HEREIN, NOR WILL
SPIRITEVOLVING.COM AND TFO ENTERPRISES BE RESPONSIBLE FOR ANY DAMAGES YOU INCUR BY VIRTUE OF THE LOSS OF USE, LOSS
OF EARNINGS, LOST PROFITS, MISSED BUSINESS OPPORTUNITY OR OTHER SIMILAR CIRCUMSTANCE. YOU FULLY ASSUME ANY AND ALL
RISK ASSOCIATED WITH THE GOODS OR SERVICES YOU PURCHASE WHICH ARE FOR YOUR PERSONAL USE AND NOT FOR RESALE, OR
OTHER DISTRIBUTION.
Distribution and Territorial
Considerations
Unless otherwise specified, all materials in the Site are
presented solely for the purpose of entertainment and promoting products for sale and use in the
United States, its territories, possessions and protectorates. This Site is controlled and
operated by Spiritevolving.com and TFO Enterprises from their offices within the State of Utah, U.S.A. Those who
choose to access this Site from other locations do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable. Use of or access to the Site should not be
construed as the purposeful availment of the benefits or privilege of doing business in any state other than the
State of Utah by Spiritevolving.com and TFO Enterprises.
Operation
Spiritevolving.com and TFO Enterprises reserve the right to
withdraw, suspend or discontinue any functionality or features in the Site, including the cessation of all
activities associated with the Site.
Links
Any links on this web site to web sites operated by third parties are provided for your convenience
only. We cannot be responsible in any way for the content of such other web sites. We provide such links only as a
convenience, Our inclusion of links to such web sites does not imply any endorsement of the content of such web
sites. Cross-linkages, when approved, are encouraged. Please correspond to obtain approval and a reciprocal
link.
Jurisdiction
This Agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Utah, as it is applied to agreements entered into and to be performed
entirely within Utah and without giving effect to any principles of conflicts of laws. Any action you, any third
party, or Spiritevolving.com and TFO Enterprises bring to enforce this agreement, or in connection with any matters
related to this site, shall be brought only in either the state or Federal courts located in Salt Lake County,
Utah. You expressly consent to the jurisdiction of said courts by virtue of your use of this Site, receipt of
Spiritevolving.com and TFO Enterprises products and services, or by virtue of your contacting Spiritevolving.com
and TFO Enterprises and placing any orders thereon.
Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties,
officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any
claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or
arising out of your conduct or connection with this web site or service, your provision of Content, your violation
of this Terms of
Use or any other violation of the rights of another person or
party
Severability
If any provision of this agreement is found to be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall
not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the
parties relating to the matters set forth herein, and shall not be modified except in writing, as posted on this
Site by Spiritevolving.com and TFO Enterprises.
PAYMENT TERMS:
Except upon the rare occasion where so authorized in
advance, an active credit card must be tendered (Visa or MasterCard) prior to the start of any product order or
consultation. On all orders, the credit card provided will be charged for the full amount of the invoice total
immediately upon acceptance of the order. If any adjustments or changes are required to the final invoice because
of changes in consultation length, product orders or shipping, a second processing will be created either for a
credit or debit to cover the change in the final invoice total.
ALL PRIVATE CONSULTATIONS FINAL
AS PLACED:
Once confirmed by the customer, either through verbal
authorization, in writing or by electronic transmission, all orders for private consultations as submitted and
processed via the web site, email, phone, fax or mail are final. Customer may cancel a private consultation no less
than 24 hour prior to the scheduled session time.
CANCELLATION OF PRIVATE
CONSULTATIONS:
Customer may cancel a consultation no less than 24 hour
prior to the scheduled session time with no charge. Cancellations of private consultations in less than 24 hours of
the scheduled session time will not be accepted, except with the express written consent of Spiritevolving.com, and
TFO Enterprises. If consent is provided, Customer will be invoiced $50.00 to cover the costs and time involved with
this process.
ALL PRODUCT ORDERS FINAL
AS PLACED:
Once confirmed by the customer, either through verbal
authorization, in writing or by electronic transmission, all product orders as submitted and processed via the web
site, email, phone, fax or mail are final. Once confirmed, any errors, inaccuracies or omissions made during the
placement of an order shall be the sole responsibility of the Customer. No cancellations of product orders will be
accepted after receipt of confirmation, except with the express written consent of Spiritevolving.com and TFO
Enterprises.
ERRORS AND RETURNS:
Spiritevolving.com and TFO Enterprises retains the sole and
complete discretion to authorize (or refuse to authorize) the return of any product purchased by Customer. Unless a
clear error has been made by an employee or contractor of Spiritevolving.com and TFO Enterprises that is in obvious
conflict with the specifications provided on the confirmed production order, no returns of merchandise will be
accepted. If an error is made and acknowledged by Spiritevolving.com and TFO Enterprises in writing, then corrected
replacement goods will be provided to the Customer by Spiritevolving.com and TFO Enterprises once the goods shipped
in error have been returned to the authorized return address supplied.
The amount charged for the outbound shipping of the product(s) to the Customer is not refundable under any
circumstances. The cost of return shipping back to the return address provided by Spiritevolving.com and TFO
Enterprises (i.e. all return freight and/or delivery charges) is the responsibility of the Customer unless
specifically waived IN WRITING and in advance. Further, no returns will be authorized or accepted for any products
unless a request is made by the Customer within 24 hours after delivery of the goods to Customer.
SHIPPING:
Spiritevolving.com and TFO Enterprises will attempt in all
instances to use the least expensive method of shipping product to the Customer. Spiritevolving.com and TFO
Enterprises is not responsible for loss or damage of products in transit. Customer will be responsible for checking
shipment upon delivery for total product count and condition. Any shortage in total product count or evidence of
damage to goods must be noted and reported to the carrier's office. All claims must be filed with the carrier
within 24 hours from the date of loss or damage.
CHARGE-BACK FEES:
Customer understands and agrees that all products and
services purchased, produced and shipped are considered a final sale for which no refunds will be given or provided
except as expressly provided herein. As such, Customer agrees and acknowledges that by purchasing any product or
service from Spiritevolving.com and TFO Enterprises, Customer shall be solely responsible for and shall bear
(and/or reimburse) Spiritevolving.com and TFO Enterprises for any charge-backs or fees issued to Spiritevolving.com
and TFO Enterprises from any credit card company, merchant bank or other source of payment that is issued at the
request of the Customer outside of the expressly provided methods of return. Stated another way, should Customer
request a refund or charge cancellation from any credit card company, merchant bank or other source of payment
processing against the purchase of Spiritevolving.com and TFO Enterprises products and services, and should said
card company, merchant bank or other source thereafter impose any fee or direct any charge back fee or amount to
Spiritevolving.com and TFO Enterprises at the request of said Customer, Customer shall reimburse Spiritevolving.com
and TFO Enterprises for the amount of said charge back fee and the initial purchase amount (the "total amount"). By
purchasing any product from Spiritevolving.com and TFO Enterprises, Customer expressly authorizes
Spiritevolving.com and TFO Enterprises to direct the stipulated payment/charge to be made to Customer's credit card
account (the same being the credit card account used in the initial purchase of said product) in the amount of said
"total amount" to Spiritevolving.com and TFO Enterprises for such reimbursement, plus a twenty-five percent (25%)
administrative fee to cover the costs and time involved with this process. Customer acknowledges and agrees that
the policy set forth in this paragraph provides for reimbursement to Spiritevolving.com and TFO Enterprises for
fees incurred, is fair and reasonable and is not a penalty clause or provision.
ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS:
The Terms and Conditions of contained herein are the
exclusive terms and conditions for the sale of products from Spiritevolving.com and TFO Enterprises to Customer
through Spiritevolving.com and TFO Enterprises. Customer agrees that the terms and conditions stated herein
constitute the final, complete, exclusive expression of the agreement between Spiritevolving.com and TFO
Enterprises and Customer. Customer, by submitting any order or request for an order, hereby agrees to the terms and
conditions set forth herein and acknowledges that Customer has read and understands the same. In the event that any
Customer instruction, request, purchase order or any other information and/or documentation submitted by Customer
may contain terms and conditions in addition to or different from the terms and conditions herein, Customer agrees,
by so submitting its order or by accepting products from Spiritevolving.com and TFO Enterprises, that the language
of the Spiritevolving.com and TFO Enterprises terms and conditions shall solely and exclusively control. Any and
all new or additional terms contained on any Customer instruction, request, purchase order or any other information
and/or documentation submitted by Customer is hereby expressly and completely rejected. Acceptance of Customer's
order for products and services from Spiritevolving.com and TFO Enterprises is expressly limited to these terms and
conditions. By submitting an order, requesting to purchase any product or service, or taking receipt of
Spiritevolving.com and TFO Enterprises products or services, Customer consents to the exclusive jurisdiction of the
state and federal courts located in the State of Utah.
Private Consultations are for persons of 18 years or older
only.
If Customer does not wish to
be bound by these Terms and Conditions, Customer should not submit any order or make any type of purchase and
should exit all web sites related to Spiritevolving.com and TFO Enterprises now!
|