terms of
service
Terms of Service for Huna Energy Healing Inc.
Last Updated November 18th, 2021
Welcome to Huna Energy Healing Inc! Huna Energy Healing Inc (“Huna Energy Healing”) provides our website located at www.hunaenergyhealing.com and To make these Terms easier to read, the Site, and our services, are collectively called the “Services.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not usethe Services.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Arbitration Notice
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Huna Energy Healing will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Who May Use the Services
Eligibility
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account (“Account”). It’s important that
you provide us with accurate, complete and up-to-date information for your Account and you agree to update such
information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or
terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us
immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your
Account, whether or not you know about them.
Using the Services
Via the Services, users can select from a variety of meditations, themes, and durations.
You understand and agree that the Services and any other information you learn from Huna Energy Healing are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Purchases
Fees
Huna Energy Healing offers the Services which you can purchase as a monthly or yearly subscription (“Subscription”). When
you purchase a Subscription, you will do so through Stripe, noting that we do not store any of your payment
information. You represent and warrant that you have the legal right to use all payment method(s) represented by
any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be
presented to you before you place your order. If you choose to initiate a Transaction via the Services, you
authorize to bear any additional charges that your bank or other financial service provider may levy on you as well
as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment
for your order. All payments made are non-refundable and non-transferable except as expressly provided in these
Terms.
If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Huna Energy Healing.
Huna Energy Healing reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Huna Energy Healing deems appropriate in its sole discretion. Huna Energy Healing also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Huna Energy Healing will either not charge you or refund the charges for orders that we do not process or cancel.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: For monthly or yearly subscriptions, at the beginning of the
subscription and, because each such subscription renews automatically for an additional period equal in length
to the expiring subscription term until you cancel it, at the time of each renewal until you cancel,
using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it
renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the
Site, you can cancel the renewal of your subscription at any time by contacting us by email
at account@hunaenergyhealing.com.
You will not receive a refund for the fees you already paid for your current subscription period and you will
continue to receive the Services ordered until the end of your current Subscription period.
Changes to Price Terms for Subscriptions
Huna Energy Healing reserves the right to change its pricing terms for Subscriptions at any time and Huna Energy Healing will
notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively
and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you
do not agree with the changes to Huna Energy Healing pricing terms then you may choose not to renew your Subscription in
accordance with the section “Subscriptions Automatically Renew Until You Cancel & How to Cancel Your
Subscription.”
Future Functionality
You agree that your purchases are not contingent on the delivery of any future functionality or features, or
dependent on any oral or written public comments made by Huna Energy Healing regarding future functionality or features.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback
by emailing us at account@hunaenergyhealing.com.
You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and
transferable license under any and all intellectual property rights that you own or control to use, copy, modify,
create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of
authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made
available through the Services.
Content Ownership
Huna Energy Healing exclusively owns all right, title and interest in and to the Services and Content, including all
associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright,
trademark, and other laws of Canada and foreign countries. You agree not to remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content Granted by Huna Energy Healing
Subject to your compliance with these Terms, Huna Energy Healing grants you a limited, non-exclusive, non-transferable,
non-sublicenseable license to view, copy and display the Content solely in connection with your permitted use of the
Services and solely for your personal and non-commercial purposes.
Rights and Terms for Site
Rights for Site Granted by Huna Energy Healing
Subject to your compliance with these Terms, Huna Energy Healing grants you a limited non-exclusive, non-transferable,
non-sublicenseable license to login to the Site via a mobile device or computer that you own or control and to run
access the Site solely for your own personal non-commercial purposes. Huna Energy Healing reserves all rights in and to
the Site not expressly granted to you under these Terms. You may not copy the Site. Except as expressly permitted in
these Terms, you may not: (i) copy, modify or create derivative works based on the Site; (ii) distribute, transfer,
sublicense, lease, lend or rent the Site to any third party; (iii) reverse engineer, decompile or disassemble the
Site; or (iv) make the functionality of the Site available to multiple users through any means.
Additional Terms for the Site
If you accessed the Site via a mobile device or computer, then you acknowledge and agree that:
- These Terms are concluded between you and Huna Energy Healing, and not with an mobile device, computer, or software provider.
- The Site is not responsible for addressing any claims you have or any claims of any third party relating to the Site or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the Site fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Site or your possession and use of the Site infringes that third party’s intellectual property rights, Huna Energy Healing will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You agree to comply with all Canadian and foreign export laws and regulations to ensure that neither the Site nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Site you represent and warrant that: (i) you are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any Canadian Government list of prohibited or restricted parties.
Prohibitions
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services, Huna Energy Healing name, any Huna Energy Healing trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Huna Energy Healing express written consent;
- Access, tamper with, or use non-public areas of the Services, Huna Energy Healing computer systems, or the technical delivery systems of Huna Energy Healing providers;
- Attempt to probe, scan, or test the vulnerability of any Huna Energy Healing system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Huna Energy Healing or any of Huna Energy Healing providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Huna Energy Healing or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Huna Energy Healing trademark, logo URL or product name without Huna Energy Healing express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience
and are not responsible for the content, products or services on or available from those websites or resources or
links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use
of any third-party websites or resources.
Termination
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to
you. You may cancel your Account at any time by sending an email to us at account@hunaenergyhealing.com.
Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms
which by their nature should survive will survive, including, without limitation, ownership provisions, warranty
disclaimers, limitations of liability, and dispute resolution provisions.
Warranty Disclaimers
The Services and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing,
we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or
non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Indemnity
You will indemnify and hold harmless Huna Energy Healing and its officers, directors, employee and agents, from and
against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without
limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or
use of the Services or (ii) your violation of these Terms.
Limitation of Liability
Neither Huna Energy Healing nor any other party involved in creating, producing, or delivering the Services or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not
limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or
the cost of substitute Services arising out of or in connection with these terms or from the use of or inability
to use the Services or Content, whether based on warranty, contract, tort (including negligence), product
liability or any other legal theory, and whether or not Huna Energy Healing has been informed of the possibility of
such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some
jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so
the above limitation may not apply to you.
In no event will Huna Energy Healing total liability arising out of or in connection with these terms or from the use of or inability to use the Services or Content exceed the amounts you have paid to Huna Energy Healing for use of the Services or Content or fifty dollars ($50), if you have not had any payment obligations to Huna Energy Healing, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Huna Energy Healing and you.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between Huna Energy Healing and you regarding
the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or
agreements between Huna Energy Healing and you regarding the Services and Content. If any provision of these Terms is
held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other
provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Huna Energy Healing prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Huna Energy Healing may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Huna Energy Healing under these Terms, including those regarding modifications to these Terms, will be given: (i) by Huna Energy Healing via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Huna Energy Healing failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Huna Energy Healing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services or Products, please contact Huna Energy Healing
at account@hunaenergyhealing.com.