PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY IN THEIR ENTIRETY BEFORE ACCESSING OR USING THIS WEBSITE; YOUR CONTINUED USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES AGREEMENT TO BOTH.
WEBSITE TERMS AND CONDITIONS OF USE
OVERVIEW
The terms “we," “us," and "our" refer to Kristen Toth and Our Embodied Healing. The terms "website" and "site" refer to this website: www.ourembodiedhealing.com. The terms “user," “users," “you," and “your," refer to visitors and customers/clients of this website. The terms "service" or "product" refers to the educational and informational content contained on this site, as well as general information about our services and products offered.
The Terms of Use ("Agreement") is a legally binding agreement and applies to all users of our website and/or services. Continued use of this website is an acknowledgement of our Terms of Use and constitutes acceptance of the Agreement. Use of this website also represents that you have the right and capacity to enter into this Agreement. If you are not accepting this Agreement or do not have the right, authority or capacity to enter into the Agreement, do not use this website.
USE OF SITE
Children under 18 years of age are prohibited from using this website. By using this site you represent that you are 18 years of age or older, and have the capacity and authority to enter into this agreement.
LAWFUL PURPOSES
This site is to be used for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this site. You agree to use this site for legitimate, non-commercial purposes only. You agree to not post or transmit any material through this website or via email that violates or infringes the rights of us or others, or any material that is threatening, abusive, obscene, defamatory, libelous, invasive of privacy rights, incites criminal conduct or gives rise to civil liability, or otherwise violates any law.
GUARANTEES AND WARRANTIES
Our Embodied Healing does not guarantee any results from using this content; it is for educational purposes only, and to share general information about us and about nervous system regulation and somatic support for healing. Information provided on this website is subject to change. We try to provide up-to-date and accurate information, but we do not make any representations that the information provided on this site, whether for free or for purchase, or any third party site linked through the website is always accurate, free from errors or omissions, current, or reliable. The website and any purchase made from this site is provided “AS IS” and without any warranty of any kind, express or implied, including an implied warranty of fitness for a particular purpose, merchantability, title, and non-infringement.
Our Embodied Healing does not guarantee any outcome based on your use of this website. Past results in other instances do not guarantee a similar outcome. No representations or warranties are made as to the accuracy or completeness of the site and use is at your own risk.
LIMITATION OF LIABILITY:
Our Embodied Healing will not be liable for any direct, indirect, incidental, consequential or other damages arising out of or relating to your use of this website or services, loss of use, loss of data, website attacks including computer virus or hacking of any kind, third-party claims, or any misuse of information, services or products. We are not liable to you or any third party for any injury, loss or damages of any kind, whether the liability arises out of breach of contract, tort, negligence, warranty or otherwise, even if the other party has been advised of the possibility of such damages.
DISCLAIMERS
This website is not used to provide medical or mental health treatment, therapy, or advice, and no professional-client relationship has been formed by your use of this website. No material downloaded from or resource used on this website constitutes medical or mental health advice. Your use of the content on this site or content from our email communication is at your own risk. We do not guarantee any results from using this content; it is for educational purposes only. It is your responsibility as a user of this site to do your own research, and to consult and/or obtain professional services and support for your individual medical and mental health conditions and needs. It is also your responsibility to consult with a licensed physician or mental health professional before beginning any type of health or wellness plan or practice.
By using this site you agree and acknowledge we are an educator and somatic coach, and not a licensed physician or licensed mental health professional, and as such do not diagnose, treat, or prescribe treatment for physical or mental health conditions or disorders. Our website, services, and products offer coaching and education, and are not a substitute for professional counseling or psychotherapy, medical or psychiatric care, or treatment for substance abuse or addiction, and should not be used in place of, or as a substitute for, professional diagnosis and treatment. No information, product, or service on this site is a complete solution for any situation, and Our Embodied Healing does not make any such promises or guarantees.
Statements made regarding mental or physical health outcomes do not guarantee you will have these results. Your success and results are based on a wide variety of factors in your individual life, health, and history, as well as on your own individual actions, and not on our website, service or product. You acknowledge and agree that we are not liable for your outcome, success, or results.
The testimonials and opinions displayed on our website apply to the individual who wrote them. They illustrate the typical experiences of our clients and participants, but do not guarantee the same or similar results for you or others. Our testimonials were provided on a voluntary basis, meaning they were neither paid for nor given in exchange for free services, products, or any other benefit.
INTELLECTUAL PROPERTY AND LICENSE RESTRICTION
This site and any product or service provided contains intellectual property created and owned by Our Embodied Healing and protected by copyright and other laws that protect intellectual property and proprietary rights. This site may also contain intellectual property from third parties, with license to us for use on this site. You agree not to modify, reproduce, transfer, sell, create derivative works from, or distribute in any manner any of the content or intellectual property—ours or that of a third party—in whole or in part, without our prior, express written permission. Any violation of this policy will result in your access to this site and/or product being revoked, without refund.
Any product or service obtained from this website or as part of any product sold on this website is not a transfer of ownership rights; it is only granting you a limited, revocable, non-exclusive, non-transferable license to use the product for the individual purposes intended: for your personal use only. This does not grant you a license to copy, create derivative works from, sell, rent, share, or otherwise transmit or disseminate the product or any materials provided in connection with the product to anyone else, for commercial or non-commercial use.
Any violation by you of the license provisions contained herein will result in immediate termination of your license to use this site and Our Embodied Healing’s products or services.
REFUND POLICY
Due to the digital nature of our products, Our Embodied Healing does not issue refunds. You may contact kristen@ourembodiedhealing.com with any concerns.
MODIFICATION OF THIS AGREEMENT
These terms may be amended at any time and are effective immediately. The effective date is listed below and it is your responsibility to check this site periodically for any updates to this site. We reserve the right to update these terms.
SEVERABILITY
If any provision of this Agreement is held, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in full force and effect.
ASSIGNMENT
This Agreement is not assignable or otherwise transferable by you, and any such attempt to transfer, assign, delegate, or sub-license is not valid.
INDEMNIFICATION
You agree to indemnify and hold us harmless, including costs and attorneys’ fees, from any injury, damage or loss of any kind arising out of your use or misuse of this site, any product or service, or your violation of this Agreement.
WAIVER
You agree that the failure of Our Embodied Healing to enforce any provision of this Agreement shall not be deemed a waiver of our rights under this Agreement to subsequently enforce any provision of this Agreement.
GOVERNING LAW
Any dispute arising out of or related to this Agreement or your use of this site shall be construed with and governed by the laws of the State of Florida, and shall be resolved exclusively by courts in Alachua County, Florida, applying Florida law, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
HEADINGS
All headings are included for convenience purposes only and bear no impact on the construction of any terms of this provision.
ENTIRE AGREEMENT
You agree that this Agreement contains the entire agreement between you and Our Embodied Healing pertaining to this site. No other agreement, statement, or promise made prior to this Agreement will supersede this pertaining to this site.
Last Updated: September 12, 2023