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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!