Terms and Conditions

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Introduction
When you visit, view, use, or access our website TheModernShaman.net and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, Interactive Features, or other online services provided by The Modern Shaman, LLC (collectively, the “site”), whether as a guest or a registered user, you’re agreeing to the following terms of service. These terms of service, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, these “terms of service”), are entered into by and between you and The Modern Shaman, LLC, a Texas company (“The Modern Shaman, LLC”, “the publisher”, “we”, “our” or “us”). For purposes of these terms of service, “you” includes, individually and collectively, you (the user or Customer) and any individual or affiliate that is visiting, viewing, using, or accessing the site. To the extent that you have entered into an enterprise license agreement, master sales order, master services agreement, or other written agreement fully executed and signed by an authorized representative of The Modern Shaman, LLC that contains terms that directly conflict with any terms of these terms of service, then the conflicted terms set forth in such other agreement will control. You acknowledge and agree that by (i) visiting, viewing, using, or accessing the site, (ii) clicking “Enroll”, “Extend Access”, “Agree”, “Complete Payment”, “Purchase”, “Submit”, any similar links, or other agreement incorporating these terms of service, that you have read, understand, and agree to be bound by these terms of service, irrespective of whether you are a guest or a registered user of the site. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SITE. 

Privacy Policy
Your privacy is important to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use of the site is subject to our privacy policy found at: https://themodernshaman.net/privacy which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the site in accordance with our Privacy Policy solely in furtherance of providing you and improving the site. 

Ability to Use the Services.
In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age, or if you have parental consent, at least 15 years of age in Australia or 13 years of age in all other Authorized Jurisdictions (“Minimum Age“). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant us the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services. 

Site Access & Account Registration
To access the site, online courses and/or any product or services offered on the site, you may be asked to provide certain account information and other details. This account information helps us to create and maintain an account for you, which is necessary for providing you the content, customer service, and management that comes with the site; as such, it is a condition of your use of the site that all account information you provide is correct, current, and complete. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Your username, password, any other piece of information you provide to us as part of our security procedures (collectively, “Account Information”), you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the site using your Account Information. You agree to notify us immediately (support@themodernshaman.net) of any unauthorized access to or use of your Account Information or any other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Account Information or other personal information. Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time. In cases where you have nevertheless authorized or registered another person to use your account or view a course that you purchased, or where you have acted negligently in safeguarding your Account Information as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the site with your Account Information, (ii) controlling the person’s access to and use of the site, and (iii) the consequences of any use or misuse by such person. 

Payments, Refunds & Cancellations

a.) Payments:
Payment must be made in full at the time of purchase in order to access any course or membership. We are unable to offer “split” or delayed payments of any kind. Courses and premium memberships can only be purchased with a major credit or debit card including: Visa, MasterCard, Discover, Amex. PayPal may also be used as an alternative payment method. 

b.) Refunds:
Due to the intangible and digital nature of the membership content and course material, we are unable to offer refunds for any course or membership purchased from this site. By purchasing a monthly premium membership and/or enrolling in a course, you understand and agree that all purchases/enrollment fees are final. 

c.) Cancellations
If you are subscribed to the premium membership you may cancel your subscription at any time, by following the instructions listed on the Premium FAQ page and/or by contacting the help desk located within your account. However, please be advised that we are unable to offer partial or retroactive refunds for either membership fees or enrollment. 

Course & Content Modifications
We reserve the right to cancel, interrupt, modify the purchase price (or content) of any product, service, membership fee or online course. All services, products and courses offered on this site are subject to the Disclaimers stated below. 

Warranty Disclaimer
THE SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UDEMY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. UDEMY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF UDEMY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK. 

 Disclaimer & Indemnity

a.) Disclaimer:
By purchasing a course from this site, you agree that any material and content contained within the course, forums and/or live Q&A is subject to your own interpretation and that any information you receive or interpret does not constitute legal, psychological, medical, business or financial advice. You agree that choices and/or actions based on any information contained within this course are your responsibility. By purchasing this course (or any course offered on this site), you agree to not take the advice given in lieu of medical, legal, or professional advice. Any action you take as a consequence of purchasing/enrolling in a course offered on this site is solely your responsibility. Any information on this site should not replace your physician’s advice. Always check with your personal physician, financial advisor or lawyer before taking any action regarding your health or financial situation. 

b.) Indemnity
You agree to defend, indemnify and hold harmless Rachel Kirkland, The Modern Shaman, LLC, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to: (i) your violation of these terms of service, (ii) your user content or feedback posted to the site; (iii) any use by you of the course material, content, services, or products other than as expressly authorized in these terms of service; or (iv) your use of any information obtained from the site. 

Termination Policy
You agree that we may deactivate your course enrollment and/or terminate your account if we believe that you have (a) breached these terms of service; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorized user content; or (d) violated or acted inconsistently with these terms of service, our Privacy Policy, or any other applicable code of conduct. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that neither Rachel Kirkland nor The Modern shaman, LLC will not be liable to you or any third party for any deactivation of your account or termination. 

Copyright & Trademark Policy
No part of this site (including any course material) may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher. Our registered or unregistered Trademarks are protected pursuant to U.S. and foreign trademark laws. You may not alter or obscure the Trademarks, or link to them without Our prior approval. Both the terms of service and this copyright policy are legally binding on all users. 

Affiliate Program Participation
This site may engage in affiliate marketing, which is done by embedding tracking links into the site. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions. 

This site is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. As part of this Amazon Associates program, the site will post customized links, provided by Amazon, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales. 

Effective date: Jan 1, 2018