SHAMANS DIRECTORY TERMS OF USE

Here’s the short version: Be kind, honest and fair.

Here’s the long version: Because legally, we have to post it. Please read it carefully and thoroughly. There’s a lot of good and important information. Thank you.

At Shamans Directory our intention is to provide the highest quality of service and impeccability to all of our users. Serving a global community, by nature, incorporates many factors related to location, local protocols, communication, and delivery of services. Our goal is to always do our best within the conditions that we are given. 

THE TERMS AND CONDITIONS SET FORTH HEREIN (THE "TERMS OF USE") SHALL GOVERN YOUR VISIT TO AND USE OF THE WEBSITE PROVIDED BY SHAMANS DIRECTORY INC ("SHAMANS DIRECTORY," "US," "OUR," OR "WE") at SHAMANSDIRECTORY.COM (THE "SITE"), AS WELL AS ANY AND ALL INFORMATION, CONTENT, AND SERVICES ON OR RELATED TO THE SITE (THE “SERVICES”). BY ACCESSING OR USING THE SITE OR SERVICES, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND ANY AND ALL TERMS, POLICIES, GUIDELINES, LAWS, AND REGULATIONS INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE USING THE SITE AND SERVICES.

GENERAL

Eligibility. You must be at least 18 years old, or have reached the age of majority in the jurisdiction in which you reside to use the Site and Services, and have the legal capacity to be legally bound by these Terms of Use.

Changes to Terms of Use. We reserve the right to change the terms and conditions of these Terms of Use at our sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting to the Site, and your continued use of the Site or Services will constitute your acceptance of such changes or modifications.

Changes to Site and Services. We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or Services without notice (other than previously paid-for services that still have time remaining under the agreement or subscription); charge fees in connection with the use of the Site or Services; modify and/or waive any fees charged in connection with the Site or Services; and/or offer opportunities to some or all users of the Site or Services. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or Services. Your continued use of the Site or Services after such changes will indicate your acceptance of such changes or modifications.

Electronic Form/Communications. By accessing or using the Site or Services, you consent to having these Terms of Use provided to you in electronic form and to receiving communications from us electronically. Although we reserve the right and may communicate with you by postal mail, e-mail or by posting notices on the Site, at our sole discretion, you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing, including renewal notices and notices about your membership or account.

INFORMATION YOU PROVIDE TO US

Unsolicited Materials. In general, please note that we do not accept unsolicited materials or ideas for use on our Site or with our Services. We are not responsible for the similarity of any of our content to any media or materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against Shaman Directory, our directors, officers, employees, owners, licensors, and agents regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.

Access to the Site and Services. You do not need to create an account or provide contact information to access and browse some sections of the Site or Services, but you may not be able to access all of the features of the Site or Services unless you make a purchase and create an account. 

There are various reasons and ways visitors may use the Site or Services, some of which we may collect contact or other user information voluntarily. Users that are using the Site or Services for informational, non-commercial purposes, to make use of the resources or utilize the directory services to locate practitioners will not be required to provide any information, but can supply a name and email address to sign up for receipt of our newsletters and other email communications. There will also be practitioners, individuals or businesses, that choose to register an account and pay to advertise their information in our directory. While these Terms of Use apply to all visitors of the Site and Services, there may be some terms that are more specifically directed to and applicable to certain users or practitioners.

All information provided by you to us in connection with your use of the Site and Services and that is not otherwise protected from disclosure in accordance with our Privacy Policy, will not be treated as confidential, and we assume no obligation to protect such information. You agree that we shall be free to use, disclose and distribute such information to third parties, without limitation, as may be discussed further in these Terms of Use. For information about our policies and practices related to the collection, use and storage of information provide to us by our users, please review our Privacy Policy.

MEMBERSHIP

Account Creation. To use certain Services and/or to post certain material to the Site, such as posting professional profiles in the directory through a paid membership, you will be required to create an account (“Account”). We will request information from you, including your name, email, and postal mailing address for your Account. You must provide accurate, current and complete information during the account creation process and keep your Account current at all times. Any falsification of any information whatsoever may, at our option, result in immediate suspension or termination of your right to use the Site or Services.

Security. If you use our Services you are responsible for restricting access to your Account and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Site or Services. Your login identification and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Account, including the actions of anyone who obtains access to your Account Information and uses it to access the Site or Services. You must notify us immediately of any unauthorized access of your Account or unauthorized use of your Account Information or any other security breach by emailing us at support@shamansdirectory.com. We reserve the right to revoke or deactivate your username and password at any time.

Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).

ORDERS, PAYMENT AND CANCELATION RIGHTS

Purchasing Products or Services. Please refer to the membership information on our website for pricing options. Any terms and conditions of any offer disclosed to you when signing up or ordering anything through our site is deemed part of these Terms of Use. Shamans Directory reserves the right to change the fees for its products and Services and will provide notice of any increase prior to your being charged.

Electronic Receipts and Notices. By using our Site or Services or making a purchase you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (“Electronic Mailings”). We will provide these Electronic Mailing by posting them on your account page and/or emailing them to the email address associated with your account. You agree that the Electronic Mailings satisfy legal communication requirements, including but not limited to requirements that any such communications be in writing. Electronic Mailings will be deemed received by you within 24 hours of issuance.

Publications. We may provide resources including various publications (in print or electronic format) on our own or offered by third parties. We reserve the right to modify the content, type and availability of any publications at any time. Frequency of publications is subject to change without notice. If the post office alerts us that your print publication is undeliverable, we have no further obligation unless we receive a corrected address within two (2) years.

Orders. All orders are for personal use only and orders for resale are prohibited without prior written approval. Products displayed on the Site are available only while supplies last. We try to display the image of the products available on our Site, including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have canceled your order after charging your account, we will issue a credit for the amount charged.

No Binding Offer. Nothing on the Site or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of products and/or services ordered for you or your household. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Site or Services is current or the completeness or accuracy of any information on the Site or Services.

Billing Information. When you provide payment information (“Billing Information”) to Shamans Directory or our authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize us to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment,  or any lesser amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event we cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify us if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.

Cancelation and Refunds. You may cancel your membership at any time by emailing us with the word “CANCEL” in the subject line, providing information about your account and the membership subscription you wish to cancel, to support@shamansdirectory.com. Due to the low cost of membership we do not offer refunds.

ACCEPTABLE USE AND SITE CONDUCT

The Site and Services are intended to provide users with general information, and are intended to be used for lawful purposes only. We do not recommend or endorse any specific products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, other visitors to the Site (whether or not at our invitation), and other users or practitioners of the Site and Services is solely your responsibility and at your own risk. 

Rules of Conduct. In connection with your use of the Site and Services, you will not (i) use the Site and Services other than as permitted in these Terms of Use and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site, Content (as hereinafter defined), or Services; (iii) upload or input to the Site or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or Services; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Site or Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site or Services, monitor traffic on the Site or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site or Services; (viii) use the Site or Services in any manner that in our sole judgment, adversely affects the performance or function of the Site or Services or interferes with the ability of other users to access or utilize the Site or Services or undertake any acts not expressly permitted under the Terms of Use; (ix) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the content; (x) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Site or Services, to any third party for any reason; (xi) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xii) use software or any other means to harvest information from the Site or Services; (xiii) harass others or disclose personal information about others that could amount to harassment; (xiv) impersonate others or create false accounts or misrepresent your affiliation with any other person or entity; (xv) send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (xvi) insert your own or a third party's advertising, branding or other promotional content into any of the Site’s content, materials or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Site, or, except as otherwise specifically authorized in these Terms of Use or on the Site, use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (xvii) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offense; (xiii) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or Services, including without limitation any information residing on any server or database connected to the Site or Services or (ix) undertake to use the Site or Services in violation of any Applicable Law or generally accepted practices or guidelines or take any action which would cause us to be in violation of any Applicable Law or acceptable practices.

Without limiting the foregoing or any other terms or conditions herein, you agree to provide, post, and maintain only true and accurate information relating to your business or practice, including, without limitation, contact information, licensing or certification requirements obtained and maintained, and services offered and provided. You are solely responsible for verifying the accuracy of the information you provide, and for keeping it current. If at any time we come to the understanding that you have misled us or users as to your practices and/or services we reserve the right to terminate your account. 

Monitoring. We are under no obligation to monitor network traffic or use of our Site or Services, including the materials posted on the Site by users or practitioners, but we reserve the right to do so, at random and in our sole discretion, and anyone using the Site or Services expressly acknowledges that such monitoring may occur. We may block unauthorized attempts or intrusions to upload or change information or cause damage to the Site or Services in any fashion. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified that any user materials on the Site violate these Terms of Use, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.

You acknowledge that we have no general obligation to monitor user content or to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any user content in order to: (i) operate, secure and improve the security of the Site or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms of Use; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to user content that we determine is harmful or objectionable; or (v) as otherwise set forth in these Terms of Use.

We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We may at any time take any action with regard to user materials.  In addition, violation of these Terms of Use may result in civil or criminal liability. We will investigate occurrences which may involve such violations and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. 

Posting of User Content. The Services may contain communication services designed to enable you to post and communicate content, such as photos, videos, or other information or content (collectively, “User Content”). You agree that all such User Content you submit, post, upload, embed, display or communicate through the Services will comply with these Terms of Use. You acknowledge and agree that when you post User Content it is available to the public and that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others and do not post anything that is confidential. We have no obligation to monitor User Content but reserve the right to review and remove any User Content at any time, without notice, for any reason and in our sole discretion. Shamans Directory specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such posting activities. We may delete or destroy any such User Content at any time. SHAMANS DIRECTORY IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE SERVICES.

Objectionable Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to support@shamansdirectory.com.

License to User Content. All User Content must comply with these Terms of Use. By submitting, transmitting, or displaying your User Content on or through the Services, you automatically grant (and you represent and warrant that you have the right to grant) to Shamans Directory, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services via any or all media, platforms and formats whether now or later known or developed (“License”).

Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content to the extent that you have such rights under Applicable Laws. By posting or submitting User Content through the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms of Use; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and we will have no liability in connection with, your User Content or any other User Content you access through the Services. Your ownership in your User Content does not confer any rights to the Site or Services, nor any rights to other User Content or content stored by or on behalf of Shamans Directory.

Termination. We may terminate your access to its Site or Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time without notice, if, in our sole opinion, you have violated any provision of these Terms of Use. Termination will not limit any of Shamans Directory’s rights or remedies at law or in equity.

Third-Party Links. We may, for your convenience, provide you with links to other websites from the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by the Linked Sites. Links to Linked Sites do not necessarily constitute an endorsement by, or association with us of such sites or the content, products, advertising or other materials presented on the Linked Sites. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on the Linked Sites.

Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on such other sites, or any loss or damages incurred in connection with such other sites.

YOU AGREE THAT YOUR USE OF THE LINKED SITES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, PRODUCTS, SERVICES, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We shall have the right, at any time and in our sole discretion, to block links to the Site through technological or other means without prior notice.

Linking to the Shamans Directory Site. Unless otherwise specifically indicated in these Terms of Use or on the Site, you agree that: (i) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Site; (ii) you are not permitted to link directly to any image hosted on the Site or Services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website; and (iii) you agree not to download or use images hosted on the website. You agree not to link from any other website to the Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time upon written notice to you.

PROPRIETARY RIGHTS

Ownership/Copyright/Trademarks. The Site and Services, and all content published on or accessible through the Site and Services (including, for example, audio, photographs, illustrations, 

graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the website, and the compilation of the content, code, data and materials on the Site (“Content”), is owned by Shamans Directory, its subsidiaries, affiliates or its licensors, and is protected by laws governing copyrights, moral rights, sui generis rights, patents, trademarks, trade secrets and/or other proprietary rights. Shamans Directory owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. SHAMANS DIRECTORY, the Shamans Directory logo, and ONE FIRE. ONE MEDICINE. are trademarks and/or service marks of Shamans Directory Inc. Other marks, graphics, typefaces, trade names, and logos appearing on the Site, as well as the look and feel of the site, are trademarks, service marks or trade dress appearing on the Content and Site (“Marks”), are proprietary to Shamans Directory, its subsidiaries, affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Site or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing Shamans Directory, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Shamans Directory. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Site, Services, Marks or Content, in whole or in part, without the prior written consent of Shamans Directory. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Shamans Directory.

Limited License. You acknowledge that you do not acquire any ownership interest in the Site, Services, or Content under these Terms of Use, or any other rights thereto other than to use the Site, Services, and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms of Use. Shamans Directory grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Site or Services in any way that affects any user's experience. Shamans Directory, its affiliates, subsidiaries, and licensors reserve all rights not expressly granted in and to its respective Site, Services, Marks, and Content. You may not use the Site, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact.

You represent and warrant that your use of the Site, Services, and Content will be consistent with this limited license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any Applicable Law. 

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE (U.S. Only)

If you believe in good faith that any material or content posted on the Site constitutes a copyright infringement please provide our copyright agent named below with the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512, including the following (a “Notice"):

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the alleged infringing material and of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement can be reached as follows:

ATTN: COPYRIGHT AGENT
Shamans Directory Inc
Email: support@shamansdirectory.com

Notwithstanding the foregoing, we reserve the right to ignore a DMCA Takedown Notice that is not in compliance with the DMCA.

DISCLAIMER OF WARRANTIES

IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITE OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, Shamans Directory and its shareholders, partners, affiliates, directors, officers, volunteers, subsidiaries, employees, and agents, and their respective successors, heirs, and assigns (the “Shamans Directory Parties”) DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Shamans Directory Parties DO NOT WARRANT: THAT THE SITE OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITE  OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. 

Shamans Directory Parties DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, Shamans Directory Parties CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITE OR SERVICES. Shamans Directory Parties MAY RESTRICT THE AVAILABILITY OF THE SITE OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITE OR SERVICES

THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. UNDER NO CIRCUMSTANCES WILL Shamans Directory Parties BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF ANY POSTING YOU MAKE TO THE SITE (AND RELATED SOCIAL MEDIA) AND ANY CONSEQUENCES ARISING FROM SUCH POSTING. Shamans Directory Parties ASSUME NO RESPONSIBILITY FOR MATERIALS POSTED BY USERS OR ANY OTHER ACTIONS, CONDUCT OR OMISSIONS OF USERS. Shamans Directory Parties ACT AS A SERVICE PROVIDER FOR USERS TO DISTRIBUTE AND PUBLISH THEIR MATERIALS. Shamans Directory Parties DO NOT UNDERTAKE RESPONSIBILITY FOR SCREENING OR MONITORING USERS’ MATERIALS. ANY USERS, PARTICIPANTS, OR OTHER CONTRIBUTORS WHO POST ARTICLES OR OTHER RESOURCES OR CONTENT TO THE SITE ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. Shamans Directory Parties DO NOT UNDERTAKE RESPONSIBILITY FOR SCREENING OR MONITORING THE CONTENT. THE OPINIONS EXPRESSED BY THE CONTRIBUTORS OR THE CONTENT ARE THEIR OWN AND ARE NOT Shamans Directory Parties’ OPINIONS OR ENDORSED BY Shamans Directory Parties.

FURTHER, Shamans Directory Parties EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON A SITE THAT LINKS TO OR FROM THE SITE. Shamans Directory Parties MAY OFFER LINKS TO, OR INCORPORATE INTO THE SITE, THIRD-PARTY SITES THAT OFFER VARIOUS PRODUCTS AND/OR SERVICES. Shamans Directory Parties CANNOT ENSURE THAT USERS WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT ARE PURCHASED FROM SUCH A THIRD-PARTY SITE, SINCE SUCH SITES ARE OWNED AND OPERATED BY OTHERS. Shamans Directory Parties DO NOT ENDORSE ANY OF SUCH PRODUCTS OR SERVICES, NOR HAVE Shamans Directory Parties TAKEN ANY STEPS TO CONFIRM THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION CONTAINED IN ANY THIRD-PARTY SITES. Shamans Directory Parties DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION) USERS MIGHT BE REQUESTED TO GIVE TO A THIRD-PARTY SITE. Shamans Directory Parties STRONGLY ENCOURAGE USERS TO MAKE THEIR OWN INVESTIGATION OF THIRD-PARTY SITES BEFORE PROCEEDING WITH ANY TRANSACTION WITH SUCH THIRD PARTIES.

THE INFORMATION IN THE SITE DIRECTORY IS PROVIDED EXCLUSIVELY BY PARTICIPATING MEMBERS.  Shamans Directory Parties DO NOT ENDORSE, AND NOTHING ON THE SITE SHALL BE DEEMED TO BE AN ENDORSEMENT, REPRESENTATION OR WARRANTY OF, ANY THIRD PARTY (INCLUDING THE DIRECTORY MEMBERS, USERS AND AUTHORS), WHETHER IN RELATION TO SUCH THIRD PARTY’S PRODUCTS, SERVICES, WEBSITES, EXPERIENCE OR BACKGROUND OR OTHERWISE. Shamans Directory Parties DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY MATERIALS POSTED BY USERS, DIRECTORY MEMBERS, OR BLOGGERS. SPECIFICALLY, BUSINESSES APPEARING ON THIS SITE MAY BE SUBJECT TO LICENSING AND/OR CERTIFICATION REQUIREMENTS, AND Shamans Directory Parties CANNOT AND DOES NOT GUARANTEE THAT EACH BUSINESS OR PRACTITIONER HAS COMPLIED WITH OR MAINTAINED ANY SUCH REQUIREMENTS. FOR MORE INFORMATION, CONTACT THE BUSINESS OR PRACTITIONER, OR THE APPROPRIATE TRADE ORGANIZATION, AGENCY, OR LOCAL GOVERNMENT OFFICE RESPONSIBLE FOR THE NECESSARY LICENSING AND CERTIFICATION.

LIMITATION OF LIABILITY 

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Content and User Content, and your posting of any User Content remains with you. Neither Shamans Directory Parties nor any other party involved in creating, producing, or delivering the Site or Services, Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms of Use or from the use of or inability to use the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Shamans Directory Parties has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will Shamans Directory Parties’ aggregate liability arising out of or in connection with these Terms of Use and your use of the Site or Services, exceed the amounts you have paid to Shamans Directory in the twelve-month period prior to the event giving rise to the liability, or fifty U.S. Dollars ($50) if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Shamans Directory and you. 

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.

INDEMNITY

You agree to defend, indemnify and hold harmless Shamans Directory and its shareholders, partners, affiliates, directors, officers, volunteers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third-party claims, charges, and investigations, arising from, relating to, or caused by (a) your use of the Site, (b) any materials posted to the Site or provided to other users by you, or (c) your violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall not settle any claim that affects us without our prior written approval.

CALIFORNIA RESIDENTS’ RIGHTS

If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

MISCELLANEOUS

Geographic Restrictions. Shamans Directory will provide the Site and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Site or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Site or Services.

Governing Law. These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in the Commonwealth of Massachusetts, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Severability. If any provision of these Terms of Use is found to be unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement. These Terms of Use, and policies incorporated herein, are the entire agreement between you and Shamans Directory. They supersede any and all prior or contemporaneous agreements between you and Shamans Directory relating to your use of the Site or Services. In the event of any conflict or inconsistency between any of these Terms any other terms or conditions applicable to the Site or Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.

Survival. If these Terms of Use expire or are terminated for any reason, the provisions which by their nature should continue after termination including without limitation Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Indemnity, and Miscellaneous, and any defined terms used in such provisions, shall survive any such expiration or termination. 

Assignment. You may not assign your rights under your Account or these Terms of Use to any third party without Shamans Directory’s prior written permission. Shamans Directory may assign these Terms of Use, in whole or in part, at any time.   

CONTACT US 

Permissions. If you are interested in reproducing any Content from the Site, you will need our permission, which we may approve or deny at our sole discretion. If you are interested in linking to our Site from your site, please send us a request, which we may approve or deny at our sole discretion. Please send any requests for permission to:

ATTN: PERMISSIONS
Shamans Directory Inc
Email: support@shamansdirectory.com

Questions. If you have any questions about these Terms of Use, please contact us at:

ATTN: TERMS
Shamans Directory Inc
Email: support@shamansdirectory.com

When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.

POSTED: 2024 MAR 18

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