Updated May 24, 2018
This site is owned or managed by Explore Your Spirit and is part of the Explore Your Spirit company, which includes other entertainment brands such as Explore Your Spirit with Kala broadcast video, podcast, internet productions, interviews and articles (each a “Explore Your Spirit with Kala Website”) along with the Academy of Mystical Arts & Spiritual Sciences. For the rest of this document, Explore Your Spirit will be used to describe and define: Explore Your Spirit, Explore Your Spirit with Kala, Explore Your Spirit Radio, TV and Blog and the Academy of Mystical Arts & Spiritual Sciences.
If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Explore Your Spirit Website. This Agreement sets forth Explore Your Spirit’s policies with respect to its operation of the Explore Your Spirit Website.
Courses, Webinars, Audio Recordings, Video Recordings, Printed Material
The information from the courses and other material on Explore Your Spirit is provided for educational purposes only to promote understanding and knowledge of the topic. This course is not designed to and does not provide medical advice, professional diagnosis, treatment, financial advice, or services to you or to any other individual. It is not intended to be a substitute for professional medical advice, diagnosis or treatment.
Teachings and Consultations are conducted over the phone or via online webinar presentations. Recordings are made during events which may be offered at future dates for purchase. Private consultations can be recorded in mp3 audio file format, which can be sent after the consultation. There are no guarantees with recordings, as equipment can malfunction. Teachings, workshops and consultations must be paid in advance. Payment confirms and reserves the date and time. Cancellations for teaching events and consultations 30 days prior to the event receive a full refund. Cancellations for teaching events and consultations 14 days prior to the event receive a 50% refund. Once an event or consultation has begun, there are no refunds.
Explore Your Spirit and the Academy of Mystical Arts & Spiritual Sciences has designed this product for entertainment only. It is sold with the understanding that the publisher, teacher and author are not liable for any misuse or misconception of information provided. The author, teacher and consultant shall have neither liability nor responsibility to any person or entity with respect to any loss, damage or injury caused or alleged to be cause directly or indirectly by the ideas set forth on this website and instructional teachings or by the misuse of any of the products presented and sold herein.
No Content from video, podcast, blog or website may 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, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of the video is prohibited.
You may leave comments on posts in the blog, radio, tv and website sections. Please remember that any information you provide is not private. The information can be viewed by anyone online including family, friends, the media, investigators, and potential employers conducting background checks. This site may make available comments on the blog, radio, tv and website sections. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Some parts of this Explore Your Spirit with Kala website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Explore Your Spirit with Kala Website content.
Legal Disclosures of Personal Information
We may process, store, and disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us, (2) protect and defend our rights or property or (3) act under exigent circumstances to protect the safety of the public or users of the site.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
Cookies and Similar Technologies
In addition, on occasion our site may also set a “session cookie” which helps us administer the site.
What Are Cookies?
Cookies are tiny files that are downloaded to your computer to track particular aspects of your activity online to help us learn certain things about our website.
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this).
When you submit data to through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
Third Party Cookies
Orders-Processing Related Cookies
Account and Login Related Cookies
With particular products or services we offer, we may provide you with an account and login details. If so, the third party platform we use will often employ cookies to make login easy, and so we can identify you as a paying customer.
This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. We also use third party analytics to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.
As we sell products, it’s important for us to understand statistics about how many of the visitors to our site make a purchase and this is the kind of data that these cookies will track. This is important to you as it means that we can accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
We also use social media buttons and plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including, Facebook, Instagram, Twitter and YouTube, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
List of Cookies
We license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act:
* This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
* In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
* In the event that a child posts personal information in a public forum such as a post, we will attempt to delete that information once we become aware of it.
This Explore Your Spirit site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you:
* Modify your registered user information at the bottom of the newsletter; or
* Send an email to Explore Your Spirit Contact Us Support
Access to Personal Information
Explore Your Spirit gives you the opportunity to request to remove personal information that you have provided to us, should a subscriber option be offered or from a purchased you made on the site. Contact Us using the Contact Us form on the site with your request.
Security of Your Personal Information
Explore Your Spirit with Kala employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.
Sale or Merger
If this site is sold to, or merges with, another company not owned by Explore Your Spirit, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, Explore Your Spirit will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply. Should we sell this site or our business, your personal information will be an asset transferred to the new owner.
You should be aware that Explore Your Spirit may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact Explore Your Spirit online using the Contact Us Form.
EUROPEAN UNION AND OTHER FOREIGN NATIONS
This Explore Your Spirit website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. Explore Your Spirit with Kala makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge this site is subject to U.S. law, consent to the transfer of personal data to the U.S. and waive any claims that may arise under their own national laws.
If You are Located In the EU
What Personal Data Do We Collect From You?
Personal data is information that can be used to identify you such as your name, IP address, and email address. As a business, we collect personal data from you in a number of ways including:
(1.) Opt-In To Email Course: Your name and address.
(2.) Waiting List: Your name and address.
(3.) Transaction: You name, email address, billing information and payment source.
(4.) Submitting Questions: Your name, email address, and question.
(5.) Join My Newsletter: Your name and email address.
(6.) Lessons: Your name and email address.
- What Is The Purpose of Processing Your Personal Data?
We collect the information above for the following purposes.
(1.) Opt-In To Email Course: To provide you with information on the course in question and the topic in general.
2.) Waiting List: To let you know when a course or service opens or is closing.
(3.) Transaction: To process a purchase you make with us.
(4.) Submitting Questions: To answer questions you might have for us.
(5.) Join My Newsletter: To send you newsletters with information about Explore Your Spirit.
(6.) Lessons: To send you lessons you are interested in.
- What Legal Basis Do We Have For Collecting and Processing Your Information?
Websites must have a legal basis for collecting information from individuals located in the European Union. Our legal basis for each of the ways we collect information from you is as follows. Please note where consent forms the basis, you can withdraw consent at any time by contacting us via the Contact form on the website or opting out of any email message using the “unsubscribe” link.
(1.) Opt-In To Email Course: We will ask for your consent first.
(2.) Waiting List: We will ask for your consent first.
(3.) Transaction: We will collect your information as part of a legal contractual transaction.
(4.) Submitting Questions: We have an allowed legitimate interest in providing a response to your questions and need to use your data to do so. We will not use the data for other purposes.
(5.) Join My Newsletter: We will ask for your consent first.
(6.) Lessons: We will ask for your consent first.
“Legitimate interests” for processing your personal information exist where you submit the information with an expectation that it will be processed and there is no undue impact on you. If you disagree or have questions, please contact us using the Contact Form on the website and we will cease the processing of your data under this legal basis.
- Who Has Access To The Data We Collect?
We process and access to the data we collect from you. However, we use third parties to assist us with processing your personal data including the following categories of recipients:
- Financial transaction processors (processing your payments)
- Customer service communication platform
- Contest and survey platform
- Email communication manager
- Marketing funnel providers
- Website management services
- Website design and programming services
These third parties have signed contract with us in which they are prohibited from utilizing, sharing or retaining your personal data for any purpose other than we dictate.
Rights in relation to your information
You may have certain rights under data protection law in relation to the personal information we hold about you. In particular, you may have a right to:
- request a copy of personal information we hold about you;
- ask that we update the personal information we hold about you, or independently correct such personal information that you think is incorrect or incomplete;
- ask that we delete personal information that we hold about you from live systems, or restrict the way in which we use such personal information (for information on deletion from archives, see the “Retention of personal information” section);
- object to our processing of your personal information; and/or
- withdraw your consent to our processing of your personal information (to the extent such processing is based on consent and consent is the only permissible basis for processing).
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by Explore Your Spirit to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.
Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the Explore Your Spirit family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the Explore Your Spirit family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.
Finally, we may share any of the information collected from you with these other non-Explore Your Spirit companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
International Use/U.S. Export Controls
Accessing materials on this Explore Your Spirit Website by certain persons in certain countries may not be lawful, and Explore Your Spirit makes no representation that materials on this Explore Your Spirit Website are appropriate or available for use in locations outside the United States. If you choose to access this Explore Your Spirit Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Explore Your Spirit Website. No software or any other materials associated with this Explore Your Spirit Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from an Explore Your Spirit Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Certain products or services offered by this Explore Your Spirit Website may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY EXPLORE YOUR SPIRIT WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY EXPLORE YOUR SPIRIT WEBSITE MAY BE TERMINATED IMMEDIATELY IN EXPLORE YOUR SPIRIT’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
This statement informs you of Explore Your Spirit practices with respect to the online collection, use, and disclosure of personal information from this Explore Your Spirit Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.
Explore Your Spirit is the owner of this website and retains all ownership rights to the information collected at this site. Explore Your Spirit reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as newsletters and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code). You must provide the information in order to receive the benefits of registration or of the special service. We may use the contact information you give us to better tailor your website experience to your interests, and to send you information about Explore Your Spirit and its services as well as promotional material on behalf of some of our partners. We use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the Explore Your Spirit family in order to enhance your experience on this and other Explore Your Spirit Websites.
In addition, we may share this information with advertisers or other third parties that are not part of the Explore Your Spirit family on an aggregate or other basis that does not disclose your identity or contact information.
From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
To enhance Explore Your Spirit’s ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
This Explore Your Spirit site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Explore Your Spirit Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Explore Your Spirit logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Explore Your Spirit or by other parties that have provided rights thereto to Explore Your Spirit .
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Explore Your Spirit Website, in whole or in part, without the express written permission of Explore Your Spirit.
Other trademarks, service marks, product names and company names or logos appearing on this Explore Your Spirit Website that are not owned by Explore Your Spirit may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Explore Your Spirit Website, or frame this Explore Your Spirit Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Explore Your Spirit Website in an email for commercial purposes, without the express written permission of Explore Your Spirit.
You may inquire about obtaining permission by contacting us using the Contact Us form here on the website.
Explore Your Spirit respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Explore Your Spirit Website, you are granting permission to have this material posted on this Explore Your Spirit Website and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Explore Your Spirit reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Explore Your Spirit may have under law or contract.
We comply with the Digital Millennium Copyright Act of 1998. As part of the compliance process, we may be required to disclose whatever information we have for you to a copyright holder who has submitted a complaint to us.
Interactive Service Additional Terms
You agree that you will not:
* Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
* Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Explore Your Spirit Website, or any postings which advocate illegal activity.
* Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
* Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
* Deliver, or provide links to, any postings containing defamatory, false or libelous material.
* Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
* Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
* Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
* Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
* Use this Explore Your Spirit service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Explore Your Spirit Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
* Attempt to gain unauthorized access to this Explore Your Spirit Website, any related website, other accounts, computer system, or networks connected to this Explore Your Spirit Website, through hacking, password mining, or any other means.
* Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Explore Your Spirit Website, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the Explore Your Spirit Website using your account. Any violation of these provisions can subject your Explore Your Spirit account to immediate termination and, possibly, further legal action.
Explore Your Spirit does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Explore Your Spirit interactive website by you or other users. Explore Your Spirit is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Explore Your Spirit reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Explore Your Spirit is not responsible or liable for damages of any kind arising from any postings even when Explore Your Spirit is advised of the possibility of such damages, or from Explore Your Spirit alteration or deletion of any posting.
The information and opinions expressed in postings on this Explore Your Spirit Website are not necessarily those of Explore Your Spirit or its content providers, advertisers, sponsors, affiliated or related entities, and Explore Your Spirit makes no representations or warranties regarding that information or those opinions. Explore Your Spirit does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Explore Your Spirit Website automatically and immediately become the property of Explore Your Spirit without any obligation of confidentiality. Explore Your Spirit shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Explore Your Spirit does not retain exclusive ownership of any posting, then you hereby expressly grant to Explore Your Spirit a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
Premium Service Additional Terms
Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account and agree to notify us immediately of any unauthorized use of your account.
Charges for Premium Service
Explore Your Spirit will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.
We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
Explore Your Spirit may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.
Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by us.
Streaming Subscription Service Additional Terms
Member Account and Password
The registration process for this Explore Your Spirit Streaming Subscription Service requires you to provide us with complete and accurate information as requested in our online registration form. After you have fully completed the registration form, you will then be given a password and a user name. The combination of the e-mail address and user name form a unique identifier for your account. If we do not recognize the device by which you access this Explore Your Spirit Streaming Subscription Service from a previous sign in, you will be asked to enter the e-mail address on file to help locate your account. It is your responsibility to maintain the confidentiality of your password and account. You are solely and entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Accounts, Security, Passwords
If a particular Explore Your Spirit Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Explore Your Spirit immediately of any unauthorized use of your account. Explore Your Spirit is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Explore Your Spirit Service.
Except where otherwise provided, access to and use of this Explore Your Spirit Website is offered through this site without charge. Explore Your Spirit reserves the right to charge a fee for access to or use of this Explore Your Spirit with Kala Website, at any time in the future. Your access to or use of this Explore Your Spirit Website before such time does not entitle you to use of this Explore Your Spirit Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS EXPLORE YOUR SPIRIT WEBSITE AND/OR INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS EXPLORE YOUR SPIRIT WITH KALA WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. EXPLORE YOUR SPIRIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EXPLORE YOUR SPIRIT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. EXPLORE YOUR SPIRIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS EXPLORE YOUR SPIRIT WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. EXPLORE YOUR SPIRIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS EXPLORE YOUR SPIRIT WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
EXPLORE YOUR SPIRIT IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR EXPLORE YOUR SPIRIT INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
This Explore Your Spirit Website may contain links to websites operated by third parties. Explore Your Spirit does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Explore Your Spirit’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. We link to other sites, but please keep in mind that we do not control the privacy policies of those sites. Make sure to review the policies of any such sites before providing your personal information.
Charges for Streaming Subscription Service
This Explore Your Spirit Streaming Subscription Service may be offered for a fee. Explore Your Spirit reserves the right to change the fee for this Service at any time. Failure to pay may result in your loss of access to this Service. Explore Your Spirit will provide notice of any charges, or extra charges, before you register for or receive subscription content. You are responsible for any charges for subscription content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Representations and Warranties
You agree and warrant that you will not:
* Attempt to gain unauthorized access to this Explore Your Spirit Streaming Subscription Service, any related website, other accounts, computer systems or networks connected to this Explore Your Spirit Streaming Subscription Service, through hacking, password mining or any other means;
* Obtain or attempt to obtain any materials or information from this Explore Your Spirit Streaming Subscription Service through any means not intentionally made available, including harvesting or otherwise collecting information about others such as e-mail addresses; or
* Otherwise cause damage or exploit information for commercial purposes on or through this Explore Your Spirit Streaming
As a condition of your use of this Explore Your Spirit Streaming Subscription Service, you agree and warrant that you will access this Service from no more than three devices (desktop, laptop, handheld or other device affording access) in your control [LIMIT OF THREE DEVICES AT A TIME OR THREE PARTICULAR DEVICES]. You also agree not to email, post, or otherwise disseminate your user ID, password, links, or other information by which you access this Explore Your Spirit Streaming Subscription Service.
We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
Software Available Through Explore Your Spirit Website
Any software that is made available to view and/or download in connection with a Explore Your Spirit Service (“Software”) is owned or controlled by Explore Your Spirit and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Explore Your Spirit accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
This Explore Your Spirit Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Explore Your Spirit. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Explore Your Spirit does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Explore Your Spirit will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Explore Your Spirit Service.
Modification/Termination by Explore Your Spirit
Explore Your Spirit reserves the right, in its sole discretion, to modify, suspend, or terminate this Explore Your Spirit Website and/or any portion thereof, including any Explore Your Spirit Service, and/or your account, password, or use of any Explore Your Spirit Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for an Explore Your Spirit Service removes your authorization to use the Explore Your Spirit Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Explore Your Spirit, shall not be liable to you or any third-party for any termination of your access to an Explore Your Spirit Service.
This Explore Your Spirit Website may offer certain Explore Your Spirit Subscription Services such as newsletters. By registering for a Explore Your Spirit Subscription Service, you will be subject to any charges and rules set forth in the description of that service.
Some Explore Your Spirit Services on this Website, including certain Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee. By using the Service, you will be subject to any charges and rules set forth in the Additional Terms for that service.
Limitations on Liability
In no event shall Explore Your Spirit , its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Explore Your Spirit Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Explore Your Spirit Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Explore Your Spirit Website or any information, software, products, services, and related graphics obtained through the Explore Your Spirit Website; (vi) any transactions entered into through this Explore Your Spirit Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Explore Your Spirit Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Explore Your Spirit Website and Explore Your Spirit Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Explore Your Spirit has been advised of the possibility of damages.
You agree to indemnify, defend, and hold harmless Explore Your Spirit, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Explore Your Spirit Website and any related Explore Your Spirit Service and/or software. Explore Your Spirit reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Explore Your Spirit in asserting any available defenses.
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Explore Your Spirit brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Explore Your Spirit Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Raleigh, North Carolina. You agree to submit to the personal jurisdiction of the courts of the State of North Carolina for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Explore Your Spirit with Kala with respect to the use of this Explore Your Spirit with Kala Website and shall not be modified except in writing, signed by an authorized representative of Explore Your Spirit.
Changes to this Agreement
Explore Your Spirit reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Explore Your Spirit will provide notice of such change on this Explore Your Spirit with Kala Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Explore Your Spirit with Kala Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Explore Your Spirit with Kala Website.
If you have any questions concerning this Agreement, you may contact us using the Contact Us Form here on the website.