TERMS OF SERVICE AND CONDITIONS

 

OVERVIEW

This website (Site) is operated by DESTINY RAEL (Company), “www.destinyrael.com”.  Throughout the Site, the terms "I", “we”, “us” and “our” refer to Destiny Rael (Company).  Destiny Rael (Company) offers this Site, including all information, materials, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting this Site and/or purchasing something from this Site, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, visitors, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service.  If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, materials, products, services or tools which are added to the current Site shall also be subject to the Terms of Service.  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

This Site is hosted on Squarespace.  They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

 

1.  ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use the services or products from this Site for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services. 

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, change, copy, sell, resell or exploit any portion of the products and services, use of the products and services, or access to the products and services or any contact on the website through which the service is provided, without express written permission from DESTINY RAEL (Company).

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. COMMUNITY GUIDELINES, USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

This Site may include various interactive features, such as blogs, bulletin boards, comment fields, chat rooms and email services, which allow feedback and/or submission to us and interaction between users, and other features which allow users to communicate with others.  Responsibility for what is posted on bulletin boards, blogs, online community, chat rooms, and other public posting areas on the site, or sent via any email services on the site, lies with each user – you alone are responsible for the material you post or send.

DESTINY RAEL (Company) may host message boards, chats and other public forums on its Site.  Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future.  DESTINY RAEL (Company) may remove or alter any user-created content at any time for any reason.  Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers.

DESTINY RAEL (Company) expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.  Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of DESTINY RAEL (Company) or any of its subsidiaries or affiliates.

DESTINY RAEL (Company) community, like any community, functions best when its users follow a few simple rules.  By accessing and/or using the Site, you agree to comply with these community guidelines (the DESTINY RAEL (Company) Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose;

  •  You agree and will not upload, post, email, transmit, make comments or otherwise make available any content that violates any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 
  • You further agree that your comments will not contain libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity) or otherwise unlawful, abusive or obscene material.
  • You will not “stalk,” threaten, or otherwise harass another person. 
  • You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 
  • You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  • You will not access or use the Website to collect any market research for a competing business or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 
  • You agree to let us know about inappropriate content of which you become aware. If you find something that violates our DESTINY RAEL (Company) community guidelines, please let us know, and we’ll review it.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion.  In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.

If, at our request, you send certain specific submissions (or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions or comments that you forward to us. We are and shall be under no obligation (1) to maintain any submissions or comments in confidence; (2) to pay compensation for any submissions or comments; or (3) to respond to any comments or comments (unless both parties have agreed otherwise).

We promise to consider submissions, comments and/or feedback with integrity and respect maintaining our highest standards.

4.  INTELLECTUAL PROPERTY

The Site may contain material, such as videos, recorded meditations, coursework, lesson plans, training modules, photographs, text, graphics, images, sound recordings, and other material provided to, by or on behalf of DESTINY RAEL (Company), (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Visitors may view all publicly-available Content for their own personal, non-commercial use.  Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use.  Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own User Content that you post to the site), and you will not use the Content except as permitted under this Agreement.  No other use is permitted without the prior written consent of DESTINY RAEL (Company). 

DESTINY RAEL (Company) retains all rights, title, and interest, including all intellectual property rights, in and to the Content.  You must retain all copyright and other proprietary notices contained in the original Content.  You may not sell, transfer, modify, copy, reproduce, rerecord, republish, upload, post, transmit, translate, sell, create derivative works, exploit, distribute, assign, license or sublicense the Content or, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

By posting or submitting any material (including, without limitation, submissions, comments, blog entries, photos and videos) to us via the Site, you are representing: (1) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (2) that you are thirteen years of age or older.  In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.   The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.  Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings, submissions or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

5.  ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The content on this Site represents the specific views of DESTINY RAEL (Company), unbiased perspectives and are in no way affiliated with any religion, corporation, institution or governing power.  All opinions, thoughts and/or ideas are unsponsored, unless otherwise stated.

DESTINY RAEL (Company) is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.  You agree that it is your responsibility to monitor changes to our site.

6.  MODIFICATIONS TO THE SERVICE AND PRICES

Prices for the products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Product and Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product or service.

7.  PRODUCTS, SERVICES, ONLINE CLASSES AND LIVE WORKSHOPS OR EVENTS.

Certain products or services may be available exclusively online through the Site or in person by attendance of scheduled event|workshop at a separate venue or one-on-one services (services, private and/ or group sessions; such as life coaching) available to purchase through this Site.

These products and services (online or in person) may have limited quantities, policies and are subject to return or exchange only according to the Cancellation | Refund Policy.

LIVE EVENTS, GROUP WORKSHOPS and/or ONE-ON-ONE Services (services: private sessions; such as coaching) policies:

  • Live Events, Workshops, Webinars and/or one-on-one services, private and/ or group sessions; such as life coaching that require scheduling and advance notice purchased through the Site, MUST be paid in full, in advance before services are provided.  If there is the option to pay at time or day of event (“at door”), set fee must paid in full before attending and service provided.
  • Live events and/or Group Workshops attendee are subject to the Terms and Conditions set by the outside venue, and not in affiliation with us, but may be enforced by us to be in compliance with the venue to offer our services at set location.  We will provide such terms within our event/service details available at time of purchase.
  • Late Comers for Live Events and/or Group Workshops:  We will allow a 15 minute grace period, in which you may still attend, after which our doors will be closed (as to be in consideration of other guests and not allow for disruptions or disturbances) in which we will not be able to issue a refund (see the Cancellation | Refund Policy for more details).
  • We reserve the right to refuse service and/or attendance to anyone that is disruptive, aggressive, late (after permitted time) and/or that does not comply to the said Terms of Conditions, of that set by us or third party that event/workshop is being held.
  • Cancellation and/or Refunds for any Live events, Workshops, Webinars, and/or one-on-one services (private and/ or group sessions; such as life coaching are subject) to our Cancellation|Refund Policy.  We may also modify and/or make additions to policy per event and provide updated details accordingly.

ONE-ON-ONE SERVICES; PRIVATE SESSIONS (services, private and/ or group sessions; such as life coaching;

  • The time of the private sessions (services and/or packages) and/or location will be determined by the both of DESTINY RAEL (Company) and you based on a mutually agreed upon time and place.  If it is agreed to conduct one-on-one and/or private session(s) by phone or internet, you as the client will initiate all scheduled calls using the contact information provided you before the session and time of purchase through this Site.
  • CONFIDENTIALITY:  For one-on-one services, private sessions and/or group sessions (such as life coaching) purchased through this Site, will be arranged separately, and considered confidential in nature with understanding that all information exchanged and discussed in session(s) are kept strictly confidential and fall under the agreement of the Informed Consent Form provided you upon scheduling of services and payment made.   It will be required for you to sign an Informed Consent Form that you acknowledge and agree to the overview of privacy terms, conditions and policies not stated on this Site but with individual contract.  All information, correspondence and our private conversations will always be kept 100% STRICTLY confidential, (to the fullest extent of the law, and so long as there is no fear of you or another person’s safety).

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer.  All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.  Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, events, workshops, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

8. CLIENT EXPECTATIONS

Although we, DESTINY RAEL (Company) are confident in the products, courses and services and commit to providing full service offered, you agree and understand that you are 100% responsible for your own progress and results.  You agree and understand that you are the one element over which DESTINY RAEL (Company) has no control and therefore you agree and understand that your results are not guaranteed.  You commit to full participation and understand that nothing is guaranteed in business and that DESTINY RAEL (Company) will do the best work and provide the best services possible, but at the end of the day, it’s up to you to do the work.  You acknowledge that individual results may vary based on your personal efforts as well as other external factors.  DESTINY RAEL (Company) does not guarantee a particular outcome, and is not liable for any loss, damage or other expense which you may suffer as a result of using the products, courses and/or services of DESTINY RAEL (Company).

9.  NOT PROFESSIONAL MEDICAL OR HEALTHCARE SERVICES

DESTINY RAEL (Company) strictly provides Life Coaching (Life, Transition and Grief Coaching) and Bereavement Companionship, as defined throughout the website.  DESTINY RAEL (Company) does not claim to and will not be held responsible for diagnosing, treating, or curing any physical or mental health condition, nor will DESTINY RAEL (Company) be prescribing any form of medication.  DESTINY RAEL (Company) services do not take the place of Client’s team of healthcare professionals.  Under no circumstances should Client stop seeing his or her team of healthcare professionals.
If Client decides to take action based on the coaching he or she receives from DESTINY RAEL (Company), Client does so at his or her own risk.  Client understands and acknowledges that the company is not providing professional medical or healthcare services. 

10. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place on this Site.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.  These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.  In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Cancellation| Return Policy.

11. OPTIONAL TOOLS AND/OR RESOURCES

We may provide you with access to third-party tools or resources over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools and/or resources offered through the SITE is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources).   Such new features and/or services shall also be subject to these Terms of Service.

12. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13.  PERSONAL INFORMATION

Your submission of personal information through the store is governed by our  Privacy Policy.

14. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, events, workshops and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall DESTINY RAEL (Company), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless DESTINY RAEL (Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. SEVERABILITY

In the event that any provision of these Terms of Service and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

19. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service and Conditions are effective unless and until terminated by either you or us.  You may terminate these Terms of Service and Conditions at any time by notifying us that you no longer wish to use our Services, Unsubscribe from email lists or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

20. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service and Conditions shall not constitute a waiver of such right or provision.

These Terms of Service and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service and Conditions shall not be construed against the drafting party.

21. GOVERNING LAW

These Terms of Service and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California in the United States.

22. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service and Conditions constitutes acceptance of those changes.

23. CONTACT INFORMATION

Questions about the Terms of Service and Conditions should be sent to:  info@destinyrael.com.