Soul Bird’s Terms and Conditions

 
 
 

By accessing and using the Services, You/Entity agree to be bound by these Terms and Conditions by and between Soul Bird Consulting, LLC (hereafter, “Soul Bird Consulting”, “Company”, “We”, “Our”, “Us”) and you (“You”). If You are accessing and using the Services on behalf of a company, educational institution, governmental agency, or other entity (“Entity”), You represent and warrant that You have the requisite authority to act on its behalf and to bind it to these Terms and Conditions.

1. AGREEMENT TO THE TERMS AND CONDITIONS

These Terms and Conditions constitute a legally binding agreement between You/Entity and Soul Bird Consulting concerning Your/Entity’s access to and use of the “Services”, which include the programs and products offered at this site, including without limitation the digital or downloadable resources, classes, programs, workshops, trainings, and other applications or tools provided by Soul Bird Consulting. If You/Entity do not agree to be so bound, You/Entity may not access or use the Services.

The Services are intended and only suitable for individuals aged eighteen (18) and above. Soul Bird Consulting hereby disclaims all liability for use by individuals under the age of eighteen (18).

2. GENERAL TERMS

In order for You/Entity, as the client, to be able to access and use the features of our SAAS platform, You/Entity will be required to pay the license fee and indicate your assent to these terms by clicking on “I agree” at the bottom of the “sign up” window for the Services You/Entity ordered.

You will need to ensure that everyone You/Entity are expecting to participate in using or accessing the Services has a device with an internet connection and a Zoom account. If You/Entity are requesting continuing education credit, You/Entity will also need to have a device with a working camera and speaker/headphones.

Please carefully choose the materials that You/Entity upload to, submit to, or embed on any website operated by Soul Bird Consulting. Any material You/Entity post on Soul Bird Consulting's website or in any community or third-party forums operated by Soul Bird Consulting may become public. You grant to Soul Bird a non-exclusive, irrevocable license to record your participation in any community or forum operated by Soul Bird and to reproduce and repurpose that recording and to reproduce, display, and distribute any comments or other material you may contribute to those communities or forums that is, in the judgment of Soul Bird, consistent with its mission.

You are responsible for Your/Entity’s material and for any liability that may result from the material that You/Entity post. You participate, comment, and post material at Your/Entity’s own risk. Any communication by You/Entity on the Soul Bird Consulting website whether by leaving a comment or participating in some other interactive service, must be respectful. You/Entity may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others.

You/Entity are strictly forbidden from:

  • Harassing, fighting with, or being disrespectful to other Soul Bird Consulting clients;

  • Causing damage to the Soul Bird Consulting website;

  • Using the Soul Bird Consulting website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, keystroke logger or other malicious software;

  • Using the Soul Bird Consulting website to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes;

  • Systematically or automatically collecting data from the Soul Bird Consulting website;

  • Taking pictures and/or screenshots of any comments, posts, images, materials or any other content posted and/or shared by Soul Bird Consulting clients without receiving their advance permission;

  • Sharing any private or proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other Soul Bird Consulting clients, with the public; and,

  • Using any third-party content without obtaining the appropriate permission from that third-party to use that content.

Soul Bird Consulting, in our discretion, may delete or modify, in whole or part, any post, comment or submission on our website. Soul Bird Consulting does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Soul Bird Consulting neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on our website. Soul Bird Consulting shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on our website.

If, in Soul Bird Consulting's sole discretion, Your/Entity’s conduct violates these Terms and Conditions in any way, You/Entity agree that Soul Bird Consulting may immediately and permanently terminate the Services and Your/Entity’s access to the Content without refund.

3. TERMINATION

Soul Bird Consulting may terminate Your/Entity’s use of the Services at its sole discretion, at any time, without refund or notice, if You/Entity breach any part of these Terms and Conditions.

4. CREDIT CARD TRANSACTIONS AND CHARGES

The payment gateways that Soul Bird Consulting uses are Quickbooks ACH, check, or credit card.

If paying by debit card or credit card, You/Entity give us permission to automatically charge Your/Entity’s credit or debit card for all fees and charges due and payable to Soul Bird Consulting, without any additional authorization, for which You/Entity will receive an electronic receipt. You also agree that Soul Bird Consulting is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

5. ACCOUNT PAYMENT AND TERMS

Payment of the license fee is required with submission of your order except as otherwise authorized by Soul Bird Consulting. Your license is conditioned upon timely payment.

6. NO REFUNDS

Soul Bird Consulting has a no refund policy. Unless otherwise provided by law, You/Entity acknowledge that Soul Bird Consulting does not offer refunds for any portion of Your/Entity’s payment and no refunds will be provided to You/Entity at any time.

7. PRIVACY POLICY

Your agreement to our Terms and Conditions also means that You/Entity are agreeing to our Privacy Policy. To get a complete copy of our privacy rules, our data collection and processing guidelines, and Your/Entity’s rights in regard to these collected data, read Soul Bird Consulting’s full Privacy Policy.

8. DISCLAIMER AND WARRANTIES

The information contained on the Soul Bird Consulting website or as part of the Services provide information and education only, and do not provide any medical or legal services or advice. The information contained on the Soul Bird Consulting website is not intended to be a substitute for professional advice that can be provided by Your/Entity’s own counselor, therapist, or legal advisor. You are responsible for Your/Entity’s own decisions, choices, actions, and results. You should consult with a professional if You/Entity have specific questions about Your/Entity’s own unique situation. Soul Bird Consulting disclaims any liability for Your/Entity’s reliance on any opinions or advice provided as part of the Services.

YOU/ENTITY EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR/ENTITY’S USE OF THE SERVICES IS AT YOUR/ENTITY’S SOLE RISK AND SOUL BIRD CONSULTING’S INFORMATION, PRODUCTS, AND SERVICES ARE ALL PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOUL BIRD CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

As a user of the Soul Bird Consulting Services, You/Entity are responsible for keeping a backup copy of Your/Entity’s content. Soul Bird Consulting is in no way liable to You/Entity if any of Your/Entity’s data or information gets lost.

9. SOUL BIRD CONSULTING MAKES NO GUARANTEES AS TO YOUR RESULTS

You understand, acknowledge, and accept that Soul Bird Consulting does not make any guarantees or representations to You/Entity about any results You/Entity might be able to achieve from Your/Entity’s use of the Services.

10. INTELLECTUAL PROPERTY RIGHTS

Soul Bird Consulting Services, Products, and Programs are all our proprietary property unless otherwise indicated. Soul Bird Consulting will take legal action to resolve any infringement issue of its intellectual property. We have complete and exclusive ownership and control of any source code, databases, functionality, software, website designs, audio, video, voice and sound recordings, text, photographs, designs, layouts, graphics, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Services or the Soul Bird Consulting website, as well as the look and feel of all the foregoing (“Content”) and the trademarks, service marks, and logos contained therein (hereafter, “Marks”). The Content and Marks are the property of Soul Bird Consulting protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Nothing in this Agreement shall transfer ownership of or rights to any of the Content and Marks to You/Entity, nor grant any right or license other than those stated in these Terms and Conditions. Any reproduction or unauthorized use of the Marks, Content, or any of the materials provided through the Services shall constitute infringement.

You are given a revocable, non-transferable, license for the use described in the order confirmation we will send you and You/Entity are not permitted to break the boundaries of that license. This means You/Entity own the content You/Entity create and any attached digital files (videos, audios, pdf, images) that You/Entity intend to deliver to Your/Entity’s audience. However, You/Entity don’t own or control any proprietary data or source that belongs to Soul Bird Consulting. Video programs made available to You/Entity by Soul Bird Consulting via YouTube are made available for streaming access but capturing permanent downloads of those programs is outside the scope of the use and access rights provided to You and is prohibited.

All rights not expressly granted in these Terms and Conditions, or any express written license are reserved by Soul Bird Consulting.

11. FORCE MAJEURE

We shall not be deemed in breach of these Terms and Conditions if we are unable to provide all of the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, interruption of internet service, epidemic, pandemic, death, illness or incapacity or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Soul Bird Consulting’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Soul Bird Consulting shall give notice to You/Entity of its inability or delay to provide the Services and may propose revisions to the Services or other accommodations or may terminate these Terms and Conditions.

12. GOVERNING LAW

This Terms and Conditions agreement and Your/Entity’s access and use of our Services are governed by and construed in accordance with the laws of the United States and the State of Ohio.

13. BINDING ARBITRATION

If a dispute arises between You/Entity and Soul Bird Consulting, and if You/Entity and Soul Bird Consulting are unable to resolve the dispute through informal negotiations, then the dispute will be submitted to the Cincinnati Bar Alternative Dispute Resolution Services for arbitration under its Expedited Arbitration Rules (https://www.cincybar.org/adr). The actual arbitration for the dispute resolution shall take place within ninety (90) days of submitting the dispute demand and it will take place in Cincinnati, Ohio or over the telephone. The arbitration decision is final and binding and may be entered and enforced in any court of law of proper jurisdiction as a judgment of law or decree in equity.

14. SEVERABILITY

If any provision of these Terms and Conditions is held invalid or unenforceable, the remainder of these Terms and Conditions will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

15. ENTIRE AGREEMENT

You acknowledge, understand, and agree that these Terms and Conditions, together with the accompanying order for Services, constitutes the entire agreement between You/Entity and Soul Bird Consulting and it supersedes all prior and contemporaneous agreements, representations, and understandings between us.

16. CONTACT US

We welcome You/Entity to contact us if You/Entity have any questions, concerns, or comments regarding the terms in this agreement: Soul Bird Consulting LLC / hello@soulbirdconsulting.info