Terms & Conditions
BY VISITING http://www.FreeBirdJourneys.com, or by purchasing an in-person reading, email or telephone Reading from FreeBird Journeys, LLC, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:
The terms “I,” “we,” “us,” and “our” refer to FREEBIRDJOURNEYS.com; FREEBIRD JOURNEYS, LLC which are one in the same. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site and or services provided by FreeBird Journeys, LLC. The term the “Site” refers to http://www.FreeBirdJourneys.com.
FREEBIRDJOURNEYS.com provides Tarot/Oracle card readings in person, by phone, or via email. This site may also have a Newsletter or Blog with Tarot and/or Oracle card related information.
Use of http://www.FreeBirdJourneys.com, including all materials presented herein and all online or in-person services provided by FREEBIRD JOURNEYS, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
1. USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. People under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to Tarot/Oracle card readings and other information are subject to change. FreeBird Journeys, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. FreeBird Journeys, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
I am here to serve my client’s needs.
I treat everyone with equal respect, regardless of race, religion, gender or orientation.
I represent myself and my abilities with honesty and integrity. I believe your future is in your hands and you have free will and the ability to change anything you do not like in the reading.
All readings are confidential. Your information will never be shared with anyone. I reserve the right to refuse service to anyone for any reason. If you misrepresent yourself that is on YOU, misrepresenting yourself will not lead to a good reading. I will never call you and bother you or hassle you to get a reading.
3. POLICY ON LATENESS & CANCELLATION:
If you have purchased an In-Person or Telephone Reading Session, I require a 24 hour notice if you cannot make it to your appointment – if you do not give me sufficient notice, you are not allowed to reschedule and your appointment will be forfeited. Remember I DO NOT OFFER REFUNDS.
It takes only ONE MINUTE to call or email me to reschedule. I expect you to extend the same courtesy to me that you would to your doctor, hair stylist, nail technician, lawyer, etc.
My No-Show Policy:
If you do not show up for your appointment, you do not get the opportunity to reschedule for another appointment. Understand that when you do not show up or call to excuse your absence 24 hours in advance I cannot give that new time available to another client. It is Your responsibility to keep track of our appointment. Remember I DO NOT OFFER REFUNDS.
Tarot & Oracle card readings in person, via telephone, email and/or this site are for entertainment purposes only. By participating in or purchasing an in-person, telephone, event, or email reading of my Tarot/Oracle Card service/website/email newsletters/blog, you acknowledge the following: I am not: a lawyer, a licensed psychologist, a financial advisor, a business consultant or a health care professional and my services do not replace the care of attorneys, business consultants, financial advisor, psychologists or healthcare professionals.
Tarot/Oracle card readings are in no way to be construed or substituted as psychological/mental counseling or any other type of therapy or medical advice. I will exercise my best professional efforts, skills and care at all times. However, I cannot guarantee the outcome of Tarot/Oracle card readings and/or recommendations on my website/newsletters/blog and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the Tarot/Oracle card services purchased as described.
If you supply me with your on-line email address you will only receive the information for which you provided me your address. If you subscribe to my newsletter, your information is completely confidential. I do not give your information to third parties. I will never send out spam. You may opt out at any time. Persons who supply me with their telephone numbers on-line will only receive telephone contact from me with information regarding the orders they have placed on-line.
With respect to Ad Servers: I do not partner with or have special relationships with any ad server companies.
With respect to security: I have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. If you feel that this site is not following its stated information policy, you may contact me at the above address.
In order to use the Service/Book a Reading, you may be required to provide information about yourself including your full name, email address, and birth date. You agree that any registration information you give to FreeBird Journeys, LLC will always be accurate, correct, and up to date.
You must not impersonate someone else or provide account information or an email address other than your own.
Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests.
I reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. I may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
I will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform me as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
I offer no refunds for any service. Returns are not allowed or permitted.
I endeavor to describe and display the Service as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
I claim no intellectual property rights over the material you supply to Free Bird Journeys, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to FreeBird Journeys, LLC remains yours to the extent that you have any legal claims therein. You agree to hold FreeBird Journeys, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Free Bird Journeys, LLC including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by me posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. I reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. I will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL I BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, Free Bird Journeys, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF [INSERT YOUR NAME/COMPANY NAME] HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Free Bird Journeys, LLC CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM Free Bird Journeys, LLC AND IF NO PURCHASE HAS BEEN MADE BY YOU Free Bird Journeys, LLC CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100 USD.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Free Bird Journeys, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and sub-paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT ~ WAIVER
This Agreement constitutes the entire agreement between you and FreeBird Journeys, LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Free Bird Journeys, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Free Bird Journeys, LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Free Bird Journeys, LLC
Tricia D. Brink
P. O. Box 703
Monte Vista, CO 81144
GOVERNING LAW, VENUE, MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Colorado as applied to contracts that are executed and performed entirely in Colorado. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Rio Grande County, Colorado. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.