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Terms and Conditions

TERMS OF USE

Please retain a copy for your records. 

Article I. GENERAL TERMS AND CONDITIONS

Welcome to Body, Mind & Soul! This website (the “Site”) is owned and operated by Body, Mind & Soul Books, Inc., d.b.a. Body, Mind & Soul (“BMS”), a Texas corporation. We provide the Services (defined below) to all users (“You” or “Your”) subject to the following Terms and Conditions (“T&C”), which may be updated by us from time-to-time without notice to you. We encourage you to review it periodically.

 

​By accessing and using our Site or Services, You accept and agree to be bound by the terms and provisions of these T&C. BMS reserves the right, at our sole discretion, to change or modify portions of these T&C at any time or to suspend, amend, modify, or discontinue Services altogether, or in part. If our Service(s) are changed, modified, suspended or discontinued, we will post the changes on this page, indicating at the bottom of this page, the date the terms that were revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing new functions of the Services or Site, or changes made for legal reasons, which will become effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new T&C.

In addition, when using certain Services or our Site, You will be subject to any additional terms applicable to them that may be posted on the Site or provided via the Services from time-to-time, including, without limitation, our Privacy Policy, located at https://bmshouston.com/pages/privacy-policy, which is incorporated herein by reference.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, A RELEASE AND WAIVER OF LIABILITY, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION RATHER THAN IN A COURT OF LAW, AND FURTHER: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU WILL BE PERMITTED TO ONLY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. under TEXAS law punitive damages, appeals, and jury trials MAY not BE available in arbitration. By agreeing to theSE tERMS AND CONDITIONS you agree to individually arbitrate against BMS regarding any claim or dispute, you agree to waive any trial by judge or jury, you waive any right of appeal and any right to access punitive damages. Judgment upon the award rendered by the arbitrator may be entered in any court having appropriate jurisdiction.

 

  1. DESCRIPTION OF SERVICES.

1.1 BMS sells a number of health and wellness-related goods (“Goods”) and provides access to services provided by independent contractors (the “Contractor Services”). The selling of Goods and Contractor Services, along with the following information under this Article I, Title 1 of these TOS, describes our services (collectively, the “Services”). We may provide these Services directly on our Site and apps, or via a link to referral partners and other entities. BMS may also connect users to other, related sites for the purpose of purchasing or consuming goods and services offered by other vendors. Your use of the Site, BMS’ Services, and our apps is at all times expressly subject to these T&C.

 

1.2 All of our Services may include advertisements. You understand and agree our Services may include certain communications such as service announcements, administrative messages, and newsletters, and that these communications are considered part of your use of or participation in our Services. You may opt-out of certain communications in accord with our Privacy Policy.

 

1.3 You understand and agree that our Services are provided "AS-IS" and neither BMS, nor any individual member, representative, affiliate, agent, or assign of BMS (collectively, the “BMS Parties”) assumes any responsibility for the timeliness, deletion, mis-delivery, misuse, or failure to store any user communications or other information. For more information, please see the section on DISCLAIMER OF WARRANTIES below.

 

1.4 You are solely responsible for obtaining access to our Site, apps, or Services. That access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, You must provide and are responsible for all equipment necessary to access our Services or perform services originating through the use of our Site or from our Services. You understand the technical processing and transmission of our Services, including your information and content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

1.5 Goods. The Goods generally include, but are not limited to, candles, jewelry, gifts, body care items and gifts, apparel, mineral specimens, body products, incense, and other health and wellness-related items. Goods are generally shipped to You via USPS priority mail or UPS. We at BMS are not healthcare professionals and cannot give out medical or mental health advice. Healthcare and wellness Goods should be used as a complement to other therapies and not as a replacement for medical or mental health treatment, diagnosis, or examination. For medical or mental health advice, please consult a licensed healthcare specialist.

 

1.5.1 General Warning regarding Minerals and Crystals. While our minerals and crystals are stable, please always remember to wash your hands after handling them. You should not permit your pets or children to have access to them. Licking, tasting, or otherwise consuming our minerals or crystals may result in significant health consequences. Please use your commonsense while handling them. Avoid inhaling any dust from them. If You fear You, Your child, or Your pet is having a reaction to our minerals or crystals, please seek immediate medical attention.

 

1.5.2 Return Policy for Goods. We offer exchanges and returns for Goods within 90 days full credit with a receipt and Good still in new condition, after 90 days, or without a receipt, store credit only. After 120 calendar days, no returns. Refunds for Contractor Services refundable up to 24 hours in advance of the scheduled time of the Contracted Services session. No refunds on open media, seasonal, sale items, or custom orders. If there is an issue with your Good(s), please contact us and we will do our reasonable best to promptly correct the issue. You agree to be subject to this Return Policy, which we may change from time-to-time. Any changes are effective immediately after posting on this Site.

 

1.6 Contractor Services. The Contractor Services generally include, but are not limited to, intuitive consultations or readings, holistic consultations (in-store only, but payable online), massage, energetic healing services, and other health and wellness-related services.

 

1.6.1 All Contractor Services are Provided by Independent Contractors. While You may use our Services to set up or pay for Contractor Services, all such transactions conducted via the Site or our Services are between You and an “Independent Contractor.” You understand and agree BMS does not have any control over the manner in which an Independent Contractor provides the Contractor Services. Except as addressed in this Agreement, you agree BMS has no liability for damages associated with Contractor Services (which may include bodily injury, serious bodily injury, damage to property, or death).

 

1.6.2. Bookings. You may transact Contractor Services with an “Independent Contractor” by agreeing to a “Booking” specifying the fees, time period, and subject to these T&C. By confirming a Booking on our Site you agree to pay for the Contractor Services described in the Booking. All Bookings are subject to acceptance by the Independent Contractor. The Independent Contractor is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged in the Booking confirmation.

 

1.6.3 You are Solely Responsible for Evaluating Independent Contractors and Contractor Services. You acknowledge and agree You are solely responsible for evaluating the suitability of Independent Contractors for the Contractor Services and Your needs. Although BMS performs a limited review of Independent Contractor skills and backgrounds, any such screening is limited, and BMS does not warrant that any such screen is accurate, complete, conclusive, or up-to-date.

 

1.6.4. Risks of and Non-Liability in the Contractor Services. By using or participating in Contractor Services, you agree and understand:

 

  • You have voluntarily chosen to participate at all times within the Contractor Services and may stop at any time.
  • You may be exposed to dangers, risks, or hazards of the Contractor Services or participating in them.
  • These dangers, risks, and hazards could result in physical harm to You or Your property, and even death.
  • You should discuss these risks and anything else you deem relevant with the Independent Contractor, and obtain all information related to the risks and benefits of the Contractor Services.
  • Minors under the age of 18 must have the consent of a parent or guardian before participating in the Contractor Services.
  • BMS does not assume, and specifically disclaims any responsibility for any issues related to your use of or participation in the Contractor Services.
  • BMS cannot and will not provide medical care related to your use of the Services or participation in the Contractor Services.
  • You will have to pay for any medical care You incur as a result of any participation in, or any injuries suffered during, related to, or arising from the Contractor Services.

 

  1. Medical, Nutrition, and Fitness Information.

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL, NUTRITION, AND FITNESS INFORMATION PROVIDED ON THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY BMS OR BY THIRD-PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL OR MENTAL HEALTH PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL OR MENTAL HEALTH PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING OR PURCHASING ANY SERVICES OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SITE.

 

ANY INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS OR OTHER  CONSUMABLES MAY NOT HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION, COULD BE HAZARDOUS TO YOUR HEALTH, AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. IN PARTICULAR, THE FDA HAS ISSUED SEVERAL WARNING LETTERS REGARDING CANNABIDIOL-RELATED PRODUCTS. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE PROMPTLY CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

 

YOU SHOULD NEVER DISREGARD MEDICAL OR MENTAL HEALTH ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA THE SITE. YOU SHOULD NOT USE THE SITE OR ANY CONTENT AVAILABLE THROUGH OR VIA THE SITE FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND BMS, ITS AFFILIATES, OR ANY THIRD PARTY.

 

THE SITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING THE CONTRACTOR SERVICES, AND FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION, OR NEGLIGENCE OR BY THE ACTION, INACTION, OR NEGLIGENCE OF OTHERS, INCLUDING INDEPENDENT CONTRACTORS. BMS STRONGLY RECOMMENDS YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

 

3. ORDERS.

 

3.1 To use the Services, You must be legally permitted to enter into a binding contract (at least 18 years old in most jurisdictions). To the extent the Services, or any portion thereof, are made available for a fee, You will be required to provide BMS information regarding your credit card or other payment instrument. You represent and warrant such information is true and that You are authorized to use the payment instrument. If You dispute any charges, You must let us know within thirty (30) calendar days after the date we charge You. All fees and prices will be listed and charged in association with the specific Good or Contractor Service being offered and may change from time-to-time. We reserve the sole and exclusive right to change our prices without limitation or any notification to You. Your continued use of the Services after the price change becomes effective constitutes Your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on BMS’ net income. All fees and prices will be listed and charged in association with the specific, offered Good or Contractor Service and may change from time-to-time.

 

While we will use our best efforts to fulfill every order, BMS cannot guarantee the availability of any particular Good or Contractor Service displayed on the Site. BMS reserves the right to discontinue the sale of any Good or Contractor Service listed on this Site at any time without notice. The availability of BMS’ Services are subject to change at any time. BMS does not make any representations or warranties regarding the availability of Goods in all areas. BMS shall have the right to refuse or cancel any orders for Goods or Contractor Services listed at an incorrect price or containing any other incorrect information. BMS shall have the right to refuse or cancel any orders whether or not the order has been accepted by BMS and Your payment has already occurred. BMS shall promptly issue a credit or refund for any payment amounts already made for cancelled orders. BMS reserves the right to limit quantities of Goods to the amount reasonable for our regular, in-store customers. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States. These prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

 

  1. YOUR REGISTRATION OBLIGATION. 

You may be required to register with BMS in order to access and use certain features of the Services. In submitting any information to our Site or in connection with the use of our Services, You agree at all times to: (a) provide true, accurate, current and complete information about yourself as prompted by our registration forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

 

You must be at least 18 years old to use the Services without adult supervision. In consideration of your use of our Services, You represent You are of legal age to form a binding contract and are not a person barred from using or receiving our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If You are under 13 years of age, You are not authorized to use the Services, with or without registering. If You are between the ages of 13 and 18 years old, You may use the Services, with or without registering, only with the approval of your parent or legal guardian. In consideration of the use or access to our Site or Services You specifically agree that if You provide any information that is untrue, inaccurate, not current, incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or if You otherwise fail to meet any of the above, applicable elements, BMS has the unlimited and exclusive right to suspend or terminate your account and refuse any and all current or future use of our Site, Services, or apps (or any portion of them).

  1. BMS PRIVACY POLICY.

Registration Data and certain other information about You, as more fully described in our Privacy Policy, is subject to our applicable Privacy Policy. For more information, see our full Privacy Policy at https://bmshouston.com/pages/privacy-policy. You understand that through Your use of our Services, You consent to the collection and use (as set forth in our Privacy Policy) of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by BMS and its affiliates.

  1. ACCOUNT, PASSWORD AND SECURITY.

You will receive a password and account designation upon completing our registration process. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. The BMS Parties will not be liable for any loss or damage arising from your failure to comply with this Section.

  1. MODIFICATIONS TO SERVICES.

We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree the BMS Parties will not be liable to You or to any third-party for any modification, suspension, or discontinuance of the Services.

  1. GENERAL PRACTICES REGARDING USE AND STORAGE.

You acknowledge that BMS may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained and the maximum storage space that will be allotted on our or our agents’ or business partners’ servers on Your behalf. You agree the BMS Parties do not have any responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded as part of the Services. You acknowledge BMS reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge BMS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

  1. MOBILE SERVICES.

The Services includes certain services that are available via a mobile device (collectively, the "Mobile Services"). To the extent access to the Services is through a mobile device, wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, You agree we may communicate with You regarding BMS and other entities by SMS, MMS, text message, email, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event You change or deactivate your mobile telephone number, You agree to promptly update your account information to ensure our messages are not inadvertently sent to the person that acquires your former telephone number.

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  1. USER CONDUCT.

You understand that all information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that You, and not BMS, are responsible for all Content You upload, post, publish, email, transmit or otherwise use via the Services. You understand we may share your publicly posted Content. We may also use this information and your contact information (name, email, address) for educational purposes including but not limited to sharing educational information with You, or for sharing your Publicly-Available Information as educational examples in lectures or meetings. Under no circumstances will the BMS Parties be liable in any way for any Content, including, but not limited to, offensive, indecent, or objectionable Content, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our Services by You or any third-party.

You agree not to use our Services to:

  • upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • harm minors in any way; including soliciting personal information from anyone under the age of 18;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Services;
  • upload, post, email, transmit, or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any person or entity;
  • upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • interfere with or disrupt our Services, or servers or networks connected to our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Services;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  • “stalk” or otherwise harass another; or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

 

You acknowledge we may or may not pre-screen your Content, and that the BMS Parties and their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Site or Services. Without limiting the foregoing, BMS and its designees shall have the sole and exclusive right to remove any Content that violates these T&C or is otherwise objectionable. You agree You must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of it.

  

  1. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT/IMPORT COMPLIANCE.

Recognizing the global nature of the Internet, You agree to comply with all applicable rules and laws regarding online conduct and acceptable content. Use of the Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including without limitation the Export Administration Regulations: see https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear) and sanctions control programs of the United States (see https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). In particular, You represent and warrant that You: (a) are not a prohibited party identified on any government export exclusion lists (see https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, and other technical data via the Services to export-prohibited parties or countries; (c) will not use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; and (d) will not transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

 

  1. COMMERCIAL USE.

You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, intellectual property or other information used as part of the Services, use of the Services, or access to the Services.

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  1. REFUND REQUEST AND PAYMENT PROCEDURES.

 

If requesting a refund, You must submit a claim by email at: bmshouston@bmshouston.com. The email must contain the following information: (i) the words “Refund Request” in the subject line; (ii) a copy of the subject receipt; (iii) a detailed reason for the refund request; and (iv) Your name and contact information. Failure to provide the request and other information as required above will disqualify your request for a refund. All approved refunds will be issued within 30 calendar days of approval.

  1. SERVICE CONTENT, SOFTWARE, AND INTELLECTUAL PROPERTY.

You acknowledge and agree the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by BMS, You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own content that You legally upload to our Site or apps. In connection with your use of the Services, You will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If You are blocked by BMS from accessing our Site or the Services (including by blocking your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. Our names, logos, videos, images, and the like are our intellectual property. Nothing in these T&C or the Services may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our intellectual property without our prior written permission in each instance.

  1. USER CONTENT TRANSMITTED THROUGH OUR SERVICES.

With respect to any content or other materials You upload through our Site, the Services, or share with other users or recipients, You represent and warrant You own all right, title and interest in and to such content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any content, or by using the Services in connection with that content You grant the BMS Parties and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use that content. You may at any time request us to cease using any of your information, as consistent with our Privacy Policy. You acknowledge and agree any questions, comments, suggestions, ideas, feedback or other uploaded information (“Submissions”) provided by You to BMS is non-confidential, and we will be entitled to the unrestricted use of it, as well as to the dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You or any third-party.

You acknowledge and agree BMS may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these T&C; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the BMS Parties, their users, or the public.

 

You understand the technical processing and transmission of the Services, including your content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your agreement to these T&C constitutes your consent to allow the BMS Parties to store this content on its servers and on the third-party servers of their affiliates, agents, or commercial partners.

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  1. USE OF THIRD-PARTY WEBSITES.

The Services may provide, or third-parties may provide, links or other access to other sites and resources on the World Wide Web, the Internet, sites or other resources. BMS has no control over such sites and resources, is not responsible for, does not endorse, and is not liable for any content, event, advertising, products, goods or services, or other materials on or available from such sites and resources. You acknowledge and agree the BMS Parties will not in any event be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, event, advertising, products, goods or services, or other materials on or available from such sites and resources.

 

In provision of the Services, BMS may use third-party services provided by Squarespace and Shopify. By using or accessing the Services You agree to additionally be bound by their terms of use, found at:

 

 

17. Claims of Copyright Infringement.

 

BMS takes claims of copyright and other intellectual property infringement seriously, and in accord with the Digital Millennium Copyright Act, and other statutes governing same. Claims of copyright infringement should be sent to bmshouston@bmshouston.com.

 

  1. PARTIES’ RELATIONSHIP.

 

The use or access to the Site or Services in no way creates a fiduciary, agency, partnership, joint venture, or employment relationship between BMS and any user. You do not have any authority to enter into contracts on BMS’ behalf, or otherwise bind BMS to any promises or obligations in any manner. You are individually and solely responsible for any fees, costs, expenses, or taxes incurred in relation to the Services or your performance of any services or undertaking of any conduct related to the Services.

 

  1. MODIFICATIONS TO OUR SERVICES.

BMS reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree BMS shall not be liable to You or to any third-party for any modification, suspension or discontinuance of the Services (or any part thereof).

  1. DISCLAIMER OF WARRANTIES.

YOUR USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

BMS MAKES NO WARRANTY THAT: (I) ITS SERVICES WILL MEET YOUR REQUIREMENTS, (II) ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- OR DEFECT-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. BMS DOES NOT REPRESENT OR WARRANT THAT ANY GOODS OR SERVICES LISTED ON OR ACCESSED THROUGH THIS SITE WILL BE AVAILABLE FOR PURCHASE OR NOT WITHDRAWN AT ANYTIME. BMS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER CONCERNING ANY GOODS.

 

  1. WAIVER OF LIABILITY AND RELEASE.

 

By using our Services, Site, or apps, You agree, understand, and VOLUNTARILY, SOLELY, AND EXCLUSIVELY ASSUME ALL RESPONSIBILITY FOR ANY AND ALL RISKS AND LIABILITIES TO YOU OR YOUR PROPERTY IN ANY WAY ASSOCIATED THEM, WHETHER THOSE RISKS OR LIABILITIES WERE FORESEEN OR UNFORESEEN AND REGARDLESS OF WHETHER THEY ARE SPECIFICALLY IDENTIFIED IN THIS WAIVER AND RELEASE. YOU FURTHER IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, FOREVER DISCHARGE, HOLD HARMLESS, AND AGREE NOT TO SUE THE BMS PARTIES, AND ANY OTHER REPRESENTATIVES FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, OR LOSSES OF ANY KIND (WHETHER EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER) IN ANY WAY RELATED TO OR WHICH COULD BE ASSERTED FOR YOUR PARTICIPATION IN THE SERVICES, REGARDLESS OF WHO CAUSED SUCH LIABILITIES OR WHETHER THE LIABILITY ARISES IN NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, OR ANY OTHER LEGAL CLAIM.

 

  1. Indemnification.

 

You promise to indemnify, hold harmless, and defend the BMS Parties, as defined above, against any and all claims (regardless of the nature of the claim), losses, liabilities, expenses, damages and costs, including, without limitation, attorneys fees, arising from or relating in any way to Your use of the Site or the Services, any violation of these Terms of Use, or any violation of law or the rights of any third-party.

 

​23. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE BMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CLAIM OR CAUSE OF ACTION, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) ANY ACTS, OMISSIONS OR OTHER CONDUCT THIRD-PARTIES ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL BMS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BMS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100 (U.S.)).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE T&C, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES,” “WAIVER OF LIABILITY AND RELEASE,” INDEMNIFICATION,”  AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE USED ONLY AS PERMITTED BY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF ANY APPLICABLE STATE, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

  1. DISPUTE RESOLUTION BY BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Agreement to Arbitrate: This Section “Dispute Resolution By Binding Arbitration” is referred to in these T&C as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between You and the BMS Parties, whether arising out of or relating to these T&C (including any alleged breach thereof), the Services, any advertising, and any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that You may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these T&C, You and BMS are each waiving the right to a trial by jury or to participate in a class action. You are also waiving your right to seek punitive damages or appeal any final arbitration award, except as legally permitted in a court of appropriate jurisdiction. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND BMS EACH AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BMS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, EITHER THROUGH CLAIMS OR COUNTERCLAIMS, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the American Arbitration Association (“AAA”), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these T&C as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Unless BMS and You agree otherwise, any arbitration hearings will take place in Houston, Texas.

 

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

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  1. TERMINATION OF SERVICES.

You agree BMS, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if BMS believes You have violated or acted inconsistently with the letter or spirit of these T&C. You agree any termination of your access to the Services under any provision of these T&C may be effected without prior notice, and acknowledge and agree BMS, in its sole and exclusive discretion, may immediately deactivate or delete your account and all related information and files in your account or bar any further access to such files or the Services. You further agree BMS will not be liable to You or any third-party for any termination of your access or use of the Services, except as provided in this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities.

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  1. GENERAL.

These T&C constitute the entire agreement between You and BMS and govern your use of the Services, superseding any prior agreements between You and BMS with respect to the Services. These T&C and all legal actions flowing or in any way related to the Services or these T&C are governed by the laws of the State of Texas without regard to its conflict of law provisions. The failure of BMS to exercise or enforce any right or provision of these T&C will not constitute a waiver of such right or provision. Notwithstanding the above Arbitration Agreement, if any provision of these T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these T&C remain in full force and effect. You agree regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in arbitration, judicial proceedings, or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these T&C without the prior written consent of BMS, but BMS may assign or transfer these T&C, in whole or in part, without restriction. The section titles in these T&C are for convenience only and have no legal or contractual effect. Notices to You may be made via either email or regular mail. The Services may also provide notices to You of changes to these T&C or other matters by displaying notices or links to notices generally on the Services.

  1. QUESTIONS, CONCERNS, OR SUGGESTIONS?

Please contact us at bmshouston@bmshouston.com to report any violations of these Terms and Conditions or to pose any questions regarding them or the Services, or at:

 

Body, Mind & Soul

7951 Katy Freeway, Suite N

Houston, Texas 77024

(713) 993-0550

 

Last Updated: May 24, 2019