TERMS OF USE

These Terms of Use were last updated on June 15, 2020.

Welcome to the JVPSchoolofMysticalArts.com and VanPraagh.com (the “JVP Sites”). The James Van Praagh School of Mystical Arts, James Van Praagh, and the JVP Sites are all divisions of Spiritual Horizons, Inc. (the “Company”).

By visiting and/or using any areas of the JVP Sites, you are deemed to have read these Terms of Use, the JVP Site Privacy Policy, and other policies and guidelines identified throughout the JVP Web sites, and accept them and agree to be bound by them without qualification or limitation. Please read these Terms of Use (“Terms”) carefully before using the JVP Sites, as they affect your legal rights and obligations. The Company reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your continued access to and use of the JVP Sites and/or Services will be deemed to be your acceptance of and agreement to any such changed terms and conditions. If you do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use), you must discontinue use of the Sites and the Services immediately and cancel your Account by contacting our support@vanpraagh.com.

James Van Praagh wants you to enjoy, benefit from, and spiritually grow as a result of using the Services. However, any advice or information you receive when using the Services should not be used in place of any recommendations by medical, legal, or financial professionals or other professional counselors. It is your responsibility to evaluate any information, opinion, advice or other content provided through the JVP Sites or in conjunction with the Services.

Accounts:

You must be eighteen (18) years of age or older to open an account (“Account”) and/or receive the certifications, classes and other services offered on the JVP Sites (collectively, the “Services”). All purchases of Services using credit cards, debit cards, PayPal accounts, or other payment mechanisms shall only be made by the card or account holder. If the Company determines that a user has violated these or any other policies set forth in these Terms, the Company reserves the right to terminate that Account in its sole discretion.

You are responsible for all activity associated with your Account, including any activity that causes harm or damage to the JVP Sites or a third party. As a result, you should not share your password or your account with anyone else. If you suspect someone else is using your Account without your consent, please contact the Support Team. At any time you contact us, we may request information from you to verify that you are indeed the Account holder.

You warrant that the information you submit to the Company is true, accurate, and complete, and you will maintain and update this information during the term of your relationship with the Company so that it remains true, accurate, current, and complete.

Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access JVP Sites or Services, or open an Account.

Privacy Policy:

We know that the privacy of your personal information is important to you. Personal information that you provide on the JVP Sites or when using the Services is governed by our Privacy Policy, which is incorporated herein by reference and made a part of these Terms.

Intellectual Property Rights of the Company:

The JVP Sites and Services contain content that includes, without limitation, information, text, displays, images, audio, video, programs, logos, API, code, and combinations of these along with the design, selection, and arrangement of the same (collectively, “Content”). This Content is owned by the Company, its licensors, affiliates, and other providers, and are protected by copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws. These rights are protected in all forms, media and technologies existing now or hereinafter developed.

You agree and acknowledge that at no time can you obtain or procure any rights to any of the Content, even if you purchase a class or obtain a certification. Nothing gives you the right to use any of the Company’s trademarks, logos, domain names, or other distinctive brand features. You may not upload, post, republish, reproduce, or distribute in any way Content without obtaining the express permission of the Company.

Some Services may be recorded and republished on the JVP Sites or elsewhere. If you participate in these recorded Services, and your voice, likeness, or personal information (“Your Information”) is visible, audible, or otherwise appears or is referenced in these Services, you expressly consent to the Company recording and republishing or distributing Your Information as part of the Services. You hereby grant the Company an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any of Your Information or any information or content that you post, transmit, deliver, or receive via the JVP Sites.You expressly acknowledge that even if Your Information appears in any of the Services, that does not confer upon you any intellectual property rights in the Services, which are owned exclusively by the Company, which reserves the right to use the Services in any way it chooses in perpetuity.

You are welcome to voluntarily provide feedback, suggestions, and comments regarding the JVP Sites or the Services, and you acknowledge that the Company is free to use such feedback, suggestions or comments as the Company sees fit without any obligation to you.

Communications:

When opening an Account and/or making a purchase on the JVP Sites, you specifically consent and opt in to receiving electronic communications from the Company related to your Account and your transactions. These communications may involve sending emails to the email address you provided and are part of your relationship with the Company. You acknowledge that any notices, agreement, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing.

You may also consent and opt in to receiving certain other communications from the Company including notices about new features and Content, special offers, promotional announcements, and customer surveys via email or other methods. If you no longer wish to receive certain non-transactional communications, please review the Privacy Policy regarding how to opt out of marketing communications.

Disclaimer of Warranties:

To the fullest extent permitted by law, the Services and Content, and your use of the Services and the JVP Sites, including without limitation Content available for purchase,  are provided on an “as is” and “as available” basis. The Company and the JVP Sites make no representations or warranties of any kind, expressed or implied, regarding: the availability of the JVP Sites or the Services or any particular Content; the accuracy of any Content; warranties of merchantability; fitness for a particular purpose; and title or non-infringement. It you participate in or attend a live event, there is no guarantee that you will receive any information specific to yourself or anyone you know.

The Company does not endorse nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the JVP Sites by anyone other than an authorized representative while acting in its official capacity.

Information provided on the JVP Sites and by the Services is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional medical advice, diagnosis, or treatment, (b) professional financial or investment advice or guidance, or (c) professional legal advice. Never disregard or delay seeking professional medical advice or other professional advice because of information you received through the JVP Sites or Services. Your reliance on any information provided by or through the JVP Sites or Services is solely at your own election or choice. Any and all decisions that you make that are based in whole or in part upon information provided by or otherwise available on or through the JVP Sites, will be your sole and exclusive responsibility.

Limitation of Liability:

You expressly agree that use of the JVP Sites is at your sole risk. Neither the Company, nor the JVP Sites, nor anyone officially representing these entities, is responsible or liable to you or anyone else for any damages, loss, or injury relating in any way to:

– The use of or inability to use the Content or Services made available;

– Any Content or Services contained on the JVP Sites;
– Statements or conduct posted or made publicly available on the JVP Sites;
– Any action taken in response to or as a result of any information available on the JVP Sites, or in the Content or Services;
– Any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any Content or Services on the JVP Sites;

– Any consequences of or actions taken in response to your participation in, engagement with, or Your Information appearing in the Content or Services;
– Any other matter relating to the use of the Content or Services.

You expressly understand and agree that neither the Company nor any of its directors, employees, shareholders, affiliates (including parent or subsidiary companies), agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants or licensors (collectively “JVP Parties”), will be liable to you, in contract or in tort, for any loss or damages, either actual or consequential, arising out of or relating to these Terms of Use, the JVP Sites, the Content, or the Services, or to your (or any third party’s) use or inability to use the JVP Sites or the Services, or to your reliance upon any information. In particular, the JVP Parties will have no liability for damages of any kind, including, without limitation, compensatory, consequential, direct, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation; errors; loss of data, income, or profit, loss or damage to property; or interruption in availability of data), arising out of or relating to these Terms of Use, your use or inability to use the JVP Sites or the Services, or to your reliance upon any information, whether based in verbal agreement, contract, tort, statutory or other law, except only in the case of death or personal injury where, and only to the extent that, applicable law requires such liability. The remedies provided for under these Terms of Use are exclusive and are limited to those expressly provided for in these terms. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law.

The disclaimers and limitation of liability set forth herein are fundamental elements of the basis of the bargain between the Company and you. The JVP Sites and the information provided therein and the Services would not be provided without such disclaimers and limitations.

Indemnification:

You agree to indemnify, defend and hold harmless the Company, its employees, affiliates, representatives, officers, subsidiaries, and agents from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms of Use, and (ii) your use of the JVP Sites or the Services.

Acceptable Use and Restrictions:

You may not do any of the following while using the JVP Sites or the Services:

  • Access, tamper with, interfere with, or use non-public areas of the JVP Sites (including Content storage), the Company’s computer systems, servers, network, or the technical delivery systems of the Company and its service providers.
  • Disable, interfere with, or try to circumvent any of the features of the Content or Services.
  • Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or Content on the JVP Sites or Services.
  • Transmit, upload, email, post, or otherwise make available through or on the JVP Sites: (a) any junk mail, spam, or unsolicited email or bulletin board postings; (b) any unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses, worms, or any other malicious application or code; or (d) any information or material which may constitute or encourage conduct that is a criminal offense, a civil wrong, or otherwise violations any applicable law.
  • Violate any applicable laws, rules, regulations, or ethical codes.
  • Impersonate any person or entity or make any false statement regarding your employment or affiliation with any person or entity

The Company reserves the right, in its sole discretion, to immediately terminate your access to and use of the JVP Sites or the Services, with right to any refunds for purchases, for any violation of these Terms of Use.

Refunds:

As a general policy, because all Services on the JVP Sites are offered “as is,” purchases you make on the JVP Sites are not refundable. Certain Services may include guarantees; those guarantees are specific to those Services only and no other Services. If you have any questions regarding refunds, please contact our Support Team. 

Modification and Termination of Services:

The Company may modify or discontinue, temporarily or permanently, any Service, Content, or any other part of the JVP Sites, with or without notice to you, without liability to you or any third party. The Company, in its sole discretion and for any reason, may terminate your Account or participation in the JVP Sites or Services, and refuse any and all current or future use by you of the JVP Sites or Services.

Third-Party Websites:

From time to time, the JVP Sites may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the JVP Sites. You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Sites.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the JVP Sites does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on or through the JVP Sites, or based on such third party’s participation or presence on the JVP Sites, are solely between you and the third party. The Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the JVP Sites to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

The JVP Sites, or a portion thereof, may be made available via third-party websites.  If you have accessed the JVP Sites, or any portion thereof, via a third-party website, such use may be subject to terms and conditions imposed by such third party. The Company is not responsible for any terms, conditions, policies, acts, or omissions, of any such third parties.

Notice and Takedown Procedures:

If you are a copyright owner or agent thereof and believe that any Content accessible on or from the JVP Sites infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) 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.

You can reach our Copyright Agent as follows: By mail: info@vanpraagh.com

Spiritual Horizons, Inc.
2240 Encinitas Blvd Ste D #303

Encinitas CA 92024 or by e-mail at: support@vanpraagh.com

Governing Law:

This Agreement shall be interpreted only in accordance with the laws of the State of California (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts and venues located in Los Angeles County, California. Notwithstanding the foregoing, the arbitration agreement set forth below shall be governed by the Federal Arbitration Act (as described further below).

 

Dispute Resolution:

If you have a problem with the Services, please contact our Support Team, which will be happy to help you resolve the issue. Most issues can be resolved by working with our support@vanpraagh.com

If for some reason your issue is not resolved amicably by our Support Team, and you want to escalate the dispute, you agree to waive your right to a jury trial and submit your claim to final and binding arbitration, regardless of the type of claim or legal theory. If either party brings a claim in court that must be arbitrated pursuant to these Terms, the other party can demand that the court compel arbitration. Either party can also seek to enjoin any court proceedings while an arbitration proceeding between the same parties is ongoing.

Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and the Company agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless the parties agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person and if so, such in-person arbitration shall take place in Los Angeles County, California.

 

In any proceedings between the parties arising out of these Terms, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this provision, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of a settlement, neither party will be the prevailing party.

Jury Trial Waiver:

Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Terms, the JVP Sites, or the Services. Either party may enforce this waiver up to and including the first day of trial.

Class Action Waiver:

All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.

Limitation on Time to Bring Claims:

A party will not file a claim arising out of or relating to these Terms, the JVP Sites, or the Services more than one year after the cause of action arose. Any claim brought after one year is barred.

Contact and Notice:

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

Company may provide notices or other communications to you regarding material changes to the Terms and/or changes to your Account by email to the email address that you have provided to the Company, by regular mail or by posting on the JVP Sites.  The date of receipt shall be deemed the date on which such notice is given. Notices sent to Company must be delivered via express delivery or regular mail to:

Spiritual Horizons, Inc.

Attn: Legal Department

Spiritual Horizons, Inc.
2240 Encinitas Blvd Ste D #303

Encinitas CA 92024

Miscellaneous:

You shall not assign your rights or obligations pursuant to the Terms without the prior, written consent of Company.

Nothing in the Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

These Terms (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between you and the Company with respect to the subject matter hereof, and you have not relied upon any promises or representations by the Company with respect to the subject matter except as set forth herein.

No amendment to this Agreement will be effective unless made in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

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