Website Visitor, Event and Service Attendee Terms of Use and Release

This website and any Events and Services related thereto are for entertainment purposes only. The attendee accepts all responsibility for all actions they may take as a result of the content of this website and/or in attending or listening to any live or recorded Event and in receiving any Services by Raise Your Vibration Sound and Energy Healing (the "Company"). 

 TERMS OF USE 

 PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE, ATTENDING ANY EVENT OR RECEIVING ANY OF OUR SERVICES VIRTUALLY OR IN PERSON. By using this website, attending any Event or receiving any of our Services, you as the "attendee" are signifying your consent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the website, do not attend any Event or receive any of our Services.

Your access to and use of this website, attending any of Company's Events or receiving any of Company's Services (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the following Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by “ Raise Your Vibration Sound & Energy Healing” (the “Company”) and are the property of the Company and/or its third party providers excluding only any materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. 

2. All trade names, trademarks, and images and biographical information of people used in the Site, including without limitation the name “Raise Your Vibration Sound and Energy Healing” are the property of the Company. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other applicable regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify the Company at  RaiseYourVibrationSoundandEnergyHealing333444777@gmail.com . Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant so that we may further investigate this.

3. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

4. When you register for an Event for the newsletter with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, upcoming events, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

5. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.

6. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

7. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy at (https://RaiseYourVibrationSoundandEnergyHealing.com /privacy-policy/)

8. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL, NOR IN CREATING OR ADMINISTERING ANY EVENT OR SERVICES, BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LIQUIDATED OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE OR ATTENDANCE TO ANY EVENT. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE RESULTS OF ATTENDANCE OF ANY EVENT OR IN RECEIVING ANY SERVICES, THE SUITABILITY OF SUCH MATERIALS OR EVENTS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR TO THEIR CORRECTNESS, ACCURACY OR RELIABILITY.  THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS AS A RESULT THEREOF. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY USE OF THIS SITE, INCLUDING ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION AND WHETHER IT NEEDS TO TAKE ACTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT INCLUDING MONTHLY NEWSLETTERS AND CORRESPONDENCE, SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS, EVENTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. 

10. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, RELIANCE, LIQUIDATED OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, ANY OUTCOME OR RESULTS FROM ATTENDANCE OF ANY EVENT OR RECEIVING ANY SERVICE, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE USER, ATTENDEE OR COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

11. You agree to indemnify and hold the Company and each of its directors, officers, employees, attendees and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any Events or Services that the Company may provide via the Site or in person, and (v) your conduct in connection with the Site or the Services or with other users of the Site or the Events or Services. The Company reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

12. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

13. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Camden, New Jersey. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

14. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

AUDIO AND VIDEO CONSENT AND RELEASE 

Effective as of the date an attendee registers for any Event or Service, approval for present and future use is being granted to Deanne Del Piano, to use a picture, video or voice recording of the undersigned party. Permission is being given by the Event attendee (the "Recorded Party"), as more fully explained in this Consent and Release section. The undersigned is an adult and fully authorized to agree to this Consent and Release.

For valuable consideration, receipt of which is hereby acknowledged, the undersigned hereby grants to Deanne Del Piano and its agents, employees, licensees, and successors in interest (collectively, the "Released Parties") all ownership rights and the absolute and irrevocable right and permission to copyright, use and publish any photograph, recorded image/video and/or voice recording (collectively, the "Images") of the person hereunder and undersigned that has been (or is being) obtained pursuant to this Consent and Release. 

The Images may be copyrighted, used and/or published individually or in conjunction with other photography, video works, and recordings, and in any medium (including without limitation, print publications, public broadcast, internet) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication. 

The attendee (the "Recorded Party") represents and warrants that (i) no other party has been granted an exclusive license with respect to the Image, Video and/or Voice Recording, and (ii) no other party's authorization or consent is required with respect to the permission granted to the Company under this Consent and Release. 

The attendee waives any right that the undersigned may have to inspect or approve the Company's use of the Image, Video and/or Voice Recording, or the advertising copy or printed matter that may be used in connection with the use and/or publication of the Image, Video and/or Voice Recording. The attendee releases the Company (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Image, Video and/or Voice Recording (collectively, "Claims"). This release includes without limitation any Claims related to blurring, distortion, alteration, optical illusion, digital alteration, use in composite form, whether intentional or otherwise, or use of a fictitious name, that may occur or be produced in the processing or publication of the Image, Video and/or Voice Recording. 

THE ATTENDEE/RECORDED PARTY WARRANTS THAT THE ATTENDEE/RECORDED PARTY HAS READ THIS CONSENT AND RELEASE PRIOR TO AGREEMENT WITH THIS DOCUMENT, THAT THE ATTENDEE/RECORDED PARTY UNDERSTANDS IT AND THAT THE ATTENDEE FREELY ENTERS INTO THIS CONSENT AND RELEASE AND AGREES TO THESE TERMS.

EVENT AND SERVICE CONSENT AND LIABILITY WAIVER

In exchange of the fee paid by the attendee, the Company is providing Events and Services through the use of modalities that may include, but not limited to: sound baths and healing, guided meditations and imagery, chakra balancing, reiki, private consultations, yoga, wellness coaching, energy work and the like.

You, the attendee, hereby agree to assume all risks associated with any outcome resulting from your participation in these Events and Services whether a class or private session. 

It is your responsibility as a participant/attendee to inform the practitioner performing the Event or Services if any discomfort should arise. It is your responsibility as a participant/attendee to notify the practitioner ahead of any Event or Service of any pre-existing medical conditions, injuries, or electrical medical devices and solely your responsibility to ask your medical provider in advance if these Events or Services are approved for you to attend and is incumbent upon the attendee to obtain clearance from its physician(s).  Company does not give medical advice and cannot determine if Events and Services are right for you.

By signing and/or checking the box, you are agreeing to the Terms of Use of this Agreement, including this Waiver and Release, you as the attendee further agree not to assert any legal claims of any kind in any form against Deanne Del Piano, the Company, attendees or any collaborating practitioners at any Event or in receiving any Services hereunder. 

By signing and/or checking the box to this Waiver and Release, you acknowledge and disclaim all liability for any injuries or negative consequence claimed by you to be the result of your participation in these Events, Services, classes, or private consultations and indemnify and hold harmless the Company and Deanne Del Piano from any and all claims.

I have read and fully understand and agree to the above terms of this Consent and Liability Waiver Agreement. I am participating voluntarily and recognize that this document /Agreement serves as a complete and unconditional release of all liability to the greatest extent allowed by law.