TERMS OF USE

Somasphere.art is owned and operated by Rhiyanna Chatta, a California sole proprietor ("Rhiyanna", "We", "Us", “Our,” and/or "Their"). The mysomasphere.practicebetter.io website, app, and health portal and its contents and personal training services (collectively, the "Holistic Portal") is also owned and operated by Rhiyanna and/or Their affiliates and licensors (collectively, "Rhiyanna Affiliates"), and Rhiyanna provides the Holistic Portal to You and any user accessing the Holistic Portal  (the "User", “You”) subject to the Somasphere Terms of Use Agreement, located at https://www.somasphere.art/terms (the "Terms of Use", “Terms”). The Terms of Use requires You to agree to be bound by the Somasphere Privacy Policy, located at https://www.somasphere.art/privacy (the "Privacy Policy"). By accessing and/or using the Holistic Portal or the Services (as defined below), or otherwise availing Yourself of the services and information offered through the Holistic Portal, You agree to be bound by the Terms of Use and Privacy Policy in effect at the time of each such access or other use of the Holistic Portal or the Services (as defined below). The Terms of Use and the Privacy Policy applies to You and to any and all entities or Persons (as defined below) on whose behalf You act.

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You acknowledge and agree that Rhiyanna may, from time to time, and in their sole discretion, with or without notice to You, modify the Terms of Use and the Privacy Policy. Your access and/or use of the Holistic Portal indicates Your agreement to read and be governed by the Terms of Use and the Privacy Policy. It is Your responsibility to apprise Yourself of any such revision or modifications each time You visit or use the Website or the Services (as defined below). If You do not so agree, You are not authorized to access or use the Holistic Portal or the Services (as defined below) in any manner.
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Section 1. - Definitions.
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As used in the Terms of Use:

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"Laws" means all ordinances, statutes, rules, regulations, orders, injunctions, writs or decrees of any government or political subdivision or agency thereof, or any court or similar entity established by any thereof.

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"Person" means any individual, corporation, limited liability company, partnership, limited liability partnership, association, joint-stock company, trust, unincorporated organization, joint venture, court or government or political subdivision or agency thereof, any other business entity, and any legal person.

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"Services" means, collectively, the portals, programs, memberships, training and/or telehealth sessions, virtual meetings, features, material, and information available on the Holistic Portal, and any other virtual or in-person sessions, tools, and material provided by Rhiyanna to the User.

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"User Information" means any information transmitted to or collected by Rhiyanna concerning the User, including without limitation personal information, health-related information, medical records, physical/fitness/movement screening and assessment results, User Submissions (as defined below), and Registration Information (as defined below).

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"User Submissions" means any content (including activity logs, audio recordings, code, comments, copy, concepts, data, external links, health logs, ideas, images, information, media, messages, music, photography, programs, test results, text, video recordings, written materials, and/or other materials) that the User uploads, posts, e-mails, messages, submits, communicates through telehealth and/or zoom meetings, or otherwise transfers to Rhiyanna, to the Holistic Portal, or to any other User.

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​”Registration Information” means any information collected at the time of purchasing a Service and/or a Subscription to access the Holistic Portal, including without limitation name, date of birth, age, gender, pronouns, address, contact information, and health-related information.

Section 2. - Health Disclaimer.
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No Medical Advice. The Holistic Portal and the Services (including without limitation the material, text, images, audio, video, and descriptions contained therein) are provided for educational, informational, and lifestyle intervention purposes only, and should not be used as a substitute for consultation, evaluation, or treatment by a qualified and licensed physician or other qualified and licensed health care professional. Nothing on the Holistic Portal or the Services should be considered medical advice or a medical diagnosis, and nothing on the Holistic Portal or the Services or in any Holistic Portal materials is intended or should be used or relied upon to heal, cure or treat those experiencing any injury, deformity, disability, or disease.

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Risk of Injury. Prior Consultation with Licensed Health Care Professional Recommended. The risk of injury from participation in a training session, training program, health-related practice and/or regimen and/or from the performance of any exercise, movement, and/or health and/or fitness related practice is significant, including the potential for catastrophic injury or death. Before engaging in any of the activities described on the Holistic Portal, the Services, or in any other Holistic Portal materials, including without limitation any exercise, activity, technique, method, health and/or fitness related practice, or training program, You should and must consult with a qualified and licensed physician or other qualified and licensed health care professional.

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All Users are specifically warned to seek medical advice from a qualified and licensed health care professional before initiating any form of exercise, activity, technique, or health and/or fitness related practice, or training program. Such advance consultation with Your doctor is particularly important if You are under eighteen (18) years old, pregnant, breastfeeding, or have health problems, conditions or concerns. You agree not to disregard professional medical advice or delay in seeking it because of something You have read on the Holistic Portal. If You have or suspect You have a medical problem or condition, please contact a qualified and licensed health care professional immediately.

 

If You believe You are experiencing a medical emergency and You are located in the United States, please call 911 for emergency medical help on Your nearest telephone.

Section 3. - Age Restrictions.
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Unless You have express permission from Your parent(s) and/or guardian (as defined under the Laws of Your jurisdiction or residence), You must be eighteen (18) years old or older to access, purchase from, or otherwise use the Holistic Portal or any Services. No one under thirteen (13) years old is permitted to use or access the Holistic Portal or the Services.
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Section 4. - Limited License.
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Use of the Holistic Portal. Rhiyanna grants You a limited, nonexclusive license to access and make personal use of the Holistic Portal for purposes and uses that are legal and that are otherwise permitted by the Terms of Use. You may download material displayed on the Holistic Portal for non-commercial, personal use only; provided, however, that You also retain all copyright and other proprietary notices contained on the materials.

 

You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Holistic Portal (including without limitation the text, images, audio, and video) for public or commercial purposes without Rhiyanna's prior written permission, which permission may be withheld in Rhiyanna's sole and absolute discretion. You may not alter or interfere with the contents or function of the Holistic Portal or download any material from the Holistic Portal for use at any other website, app, including Internet auction sites. All materials on the Holistic Portal are copyrighted and misuse thereof may constitute violation of copyright, trademark, and other Laws. Unless otherwise noted, Rhiyanna reserves all rights to all materials contained on the Holistic Portal.

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All Other Uses Prohibited. Any other use of the Holistic Portal is expressly prohibited, and such unauthorized use automatically and immediately terminates the limited license granted by Rhiyanna. In addition, Rhiyanna reserves the right, in its absolute discretion, to revoke this license at any time and for any reason or for no reason, with or without notice to the User.

 

Section 5. - Termination.
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Rhiyanna may, in their absolute discretion, terminate or suspend Your license to access all or any part of the Holistic Portal at any time, without prior notice and for any reason.

Section 6. - Availability.
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Rhiyanna makes no guarantees regarding the availability of the Holistic Portal or the Services (including the availability of any given Service). Rhiyanna reserves the right, in its absolute discretion, to discontinue or modify the contents of the Holistic Portal or the Services, in whole or in part, and to modify the terms of the Services, including without limitation the price for the Services. You agree that Rhiyanna will not be liable to You for any such discontinuance or modification of the Holistic Portal or the Services.
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Section 7. - Unaffiliated Products and Sites.
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The Holistic Portal may contain links to other websites and/or resources and/or advertisements and/or other promotional materials for third-parties ("Third Party Resources"). Rhiyanna has no control over the content of Third Party Resources or the quality of the goods or services offered via such Third Party Resources. You acknowledge and agree that Rhiyanna is not responsible for and in no way guarantees or endorses: (a) the availability of Third Party Resources; (b) the accuracy, value, or completeness of any content available at or through the Third Party Resources; or (c) the goods or services offered via Third Party Resources.
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Accordingly, You acknowledge and agree that Rhiyanna shall not be responsible or liable to You in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any Third Party Resources and/or the quality of any goods or services offered by or through any Third Party Resources.

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Section 8. - Intellectual Property.
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Unless otherwise noted, products, patents, product names, designs, logos, titles, text, images, audio, video, and all other content within the Holistic Portal and the Services are the trademarks, service marks, trade names, copyrights, patents or other property of Rhiyanna ("Rhiyanna Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Holistic Portal or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Rhiyanna Intellectual Property displayed on the Holistic Portal without the prior written permission of Rhiyanna.
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Section 9. - Privacy Policy.
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The Privacy Policy, located at https://somasphere.art/privacy and incorporated herein by this reference (the "Privacy Policy"), governs the maintenance and use by Rhiyanna of all User Information. However, to the extent there is an inconsistency between the Privacy Policy and the Terms of Use, the Terms of Use shall govern. See the Privacy Policy for details regarding the collection and use of personal information.

Section 10. - User Submissions.
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Personal Information. User Information and User Submissions are governed by the Privacy Policy. By creating any User Submissions, You acknowledge and agree that such information is non-confidential for all purposes, except as otherwise provided in the Privacy Policy.

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All User Submissions. All User Information and User Submissions are automatically shared with Rhiyanna as the primary practitioner providing you access to the Holistic Portal and its related Services. You acknowledge and agree that Rhiyanna may have access to Your User Information and User Submissions at any time. You agree to only share and/or upload information on the Holistic Portal which you grant Rhiyanna access to.

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Medical Records & Health Information. The Holistic Portal is operated and provided to you using a HIPAA compliant practice management software. User Information or User Submissions you share and/or upload on the Holistic Portal containing information covered under the Health Insurance Portability and Accountability Act (HIPAA) will be kept confidential between You and Rhiyanna. You acknowledge and agree that Rhiyanna is not liable or responsible for User Submissions and User Information you share with any other User on the Holistic Portal.

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Prohibited Submissions. You agree that You are responsible for all of Your User Submissions. You agree that You will not create any User Submissions that:

contain viruses, worms, Trojan Horses, or any other computer code, files, scripts, or programs designed

 

(1) to interrupt, destroy, or limit the functionality of any website, computer software, network, or telecommunications equipment or (2) to collect or mine information about the Holistic Portal, the Services, Rhiyanna, or other Persons or Users;

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infringe upon, breach, or violate another Person's or User’s intellectual property rights, contract rights or other rights;

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contain personally identifiable information of any other individual unless you have permission from the individual, including, but not limited to, name, phone number, e-mail address, username, password, nickname, website URL, date of birth, or Social Security Number;

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are inappropriate, including, but not limited to, User Submissions that are obscene, pornographic, sexually-explicit, defamatory, threatening, harassing, abusive, hateful, embarrassing to another Person, solicitations of business, chain letters, or pyramid schemes;

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would give rise to any civil or criminal liability under applicable Laws; and/or

are otherwise in conflict with the Terms of Use.

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No Third Party Material. You agree, represent, and warrant that all User Submissions that You create will not contain third party copyrighted material or material that is subject to other third party proprietary rights, unless You have permission from the rightful owner of the material (or You are otherwise legally entitled) to create or transmit the material and to grant Rhiyanna all of the license rights granted herein.

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License for Submissions. You agree that all User Submissions that You create will be treated as non-confidential and non-proprietary, except as otherwise provided in the Privacy Policy.

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Monitoring of User Submissions. Rhiyanna does not have an obligation to assess or guarantee the accuracy or appropriateness of User Submissions, even if Rhiyanna elects, in its absolute discretion, to do so or to attempt to do so from time to time. Rhiyanna is not responsible for any User Submissions or any actions or omissions in response to User Submissions. Rhiyanna may, in its absolute discretion: (i) elect not to post or display on the Holistic Portal any User Submission, and (ii) delete or otherwise remove any User Submissions from the Holistic Portal.

Section 11. - Digital Millennium Copyright Act.
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Rhiyanna is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Rhiyanna will expeditiously process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512 (the "DMCA").

Takedown Notice. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for the Holistic Portal in the manner described below:

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By sending an e-mail to contact@somasphere.art

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For Your complaint to be valid under the DMCA, You must provide the following information when providing notice of the claimed copyright infringement:

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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rhiyanna to locate the material;

Information reasonably sufficient to permit Rhiyanna to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

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A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

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A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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For more details on the information required for valid notification, see 17 U.S.C. ' 512(c).
Upon receipt of a fully completed and signed notification, Rhiyanna, as required by the DMCA, will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled. If Your notification does not comply with the above requirements, Rhiyanna will not be able to respond to Your request.

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Counter Notification. Pursuant to 17 U.S.C. ' 512(g), the individual who posted the materials may provide Rhiyanna with counter notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter notification must include:

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a physical or electronic signature of the User;

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identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

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a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

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the User's name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User's address is outside of the United States, for any judicial district in which the service provider may be found, and that the User will accept service of process from the person who provided notification under 17 U.S.C. ' 512(c)(1)(C) or an agent of such person.

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If Rhiyanna receives such a counter notification, and Rhiyanna determines that it intends to restore access to the materials, a copy will be sent to You notifying You that access to the materials will be restored within ten (10) business days. Access will be restored between the tenth (10th) and fourteenth (14th) business day after Rhiyanna receives a counter notification unless You inform us that You have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on Rhiyanna's network and servers. If Rhiyanna determines that it will not restore access to the materials, You will not receive any further notifications. You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, including without limitation court costs and attorneys' fees.

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Section 12. - Prohibited Conduct.
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You agree that You will not:

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access data not intended for You or login to a server or account which You are not authorized to access;

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decipher, decompile, disassemble, or reverse engineer any of the software, codes, or scripts comprising or in any way making up a part of the Holistic Portal or the Services;

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violate or attempt to violate the security of the Holistic Portal or the Services, including without limitation, accessing data without authorization, circumventing authentication mechanisms, or interfering with the Holistic Portal or the Services in any way, including without limitation:

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(1) probing, scanning, or testing the vulnerability of a system or network, (2) bypassing or breaching security or authentication measures without proper authorization, (3) interfering with service to any Person, User, host or network, including without limitation via means of submitting a virus, Trojan Horse, "worm" or "cancelbot" to the Holistic Portal, overloading, "flooding", "spamming", "mailbombing" or "crashing", (4) sending unsolicited e-mail, including promotions and/or advertising of products or services, (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (6) impersonating any Person;

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use any engine, software, tool, agent or other device or mechanism (including without limitation, browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the Holistic Portal other than as provided through the Holistic Portal and/or a standard third party browser (e.g., Firefox, Safari, Chrome, Internet Explorer, or Opera);

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"frame" or "mirror" the Holistic Portal or display the Holistic Portal's content through any other URL or in conjunction with another Person's name or trademark;

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copy the code or scripts, including without limitation the HTML, XML, CSS, and JavaScript, that Rhiyanna creates and/or produces to generate the pages of the Holistic Portal; or

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attempt to engage in any of the foregoing prohibited conduct.

Section 13. - Disclaimer of Warranties; Limitation of Liability.
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Neither Rhiyanna, its affiliates, officers, employees, directors, agents, assigns, suppliers, nor service providers represent or warrant that the content of the Holistic Portal or the Services are accurate or that operation of the Holistic Portal or Services will be error free or uninterrupted. You use the Holistic Portal and the Services at Your own risk. THE HOLISTIC PORTAL AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. NO INFORMATION OBTAINED BY YOU FROM THE HOLISTIC PORTAL OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY RHIYANNA IN THE TERMS OF USE. Without limiting the foregoing, none of Rhiyanna, their affiliates, officers, employees, directors, agents, assigns, suppliers, and service providers makes representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Holistic Portal, the Services or the software, text, graphics, links, or communications provided on or through the use of the Holistic Portal, the Services, or otherwise provided by Rhiyanna. Rhiyanna also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of the Holistic Portal or Your downloading of any materials, data, text, images, video or audio from the Holistic Portal or any Third Party Resources.

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TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER RHIYANNA NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, ASSIGNS, SUPPLIERS, AND SERVICE PROVIDERS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE HOLISTIC PORTAL OR SERVICES, (B) THE OPERATION OR MALFUNCTION OF THE SERVICES, OR (C) ARISING IN ANY WAY FROM OR RELATING TO YOUR PURCHASE OF RHIYANNA’S PRODUCTS OR SERVICES (OR ANY OTHER PRODUCTS OR SERVICES) VIA THE HOLISTIC PORTAL, AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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TO THE MAXIMUM EXTENT ALLOWED BY LAW, RHIYANNA SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO OR ALTERATION THEFT OR DESTRUCTION OF, ANY INFORMATION CONTAINED ON THE HOLISTIC PORTAL OR SERVICES THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. IN ANY EVENT, THE LIABILITY OF RHIYANNA TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO ACTUAL DAMAGES AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE THOUSAND AND 00/100 DOLLARS ($1,000.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS OR SERVICES FROM RHIYANNA VIA THE HOLISTIC PORTAL, THE COST OF SUCH DISPUTED PRODUCTS OR SERVICES (I.E., THE AMOUNT YOU PAID TO RHIYANNA FOR SUCH PRODUCTS OR SERVICES). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.

SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU.

Section 14. - Due Authorization.
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If You are accessing and/or using the Holistic Portal or the Services on behalf of any other entity or individual, You covenant, warrant, and represent that You have due authority to act and execute the Terms of Use on behalf of such party. You represent, warrant and agree that the execution and performance of the Terms of Use are not in violation of any other agreement You have with any third parties; and that the Terms of Use are a valid binding, legal obligation of You, and enforceable in accordance with the terms herein.

Section 15. - Non-waiver.
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No waiver of any term or condition of the Terms of Use by Rhiyanna shall be deemed a continuing or further waiver of the same term or condition or a waiver of any other term or condition of the Terms of Use.

Section 16. - Attorneys' Fees.
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In the event that You default in the performance of any of the terms or obligations imposed upon You by the Terms of Use or the transactions contemplated hereby or otherwise violate the Terms of Use, Rhiyanna and/or any authorized Rhiyanna Affiliates may institute legal proceedings to enforce the provisions of the Terms of Use. In such instance, if Rhiyanna and/or any authorized Rhiyanna Affiliates are the prevailing party, in addition to any other remedy, You shall be responsible for the reasonable attorneys' fees incurred by Rhiyanna and/or any authorized Rhiyanna Affiliates in pursuing such action. In the event that You institute legal proceedings against Rhiyanna and/or any Rhiyanna Affiliates and You are not the prevailing party in such proceedings, in addition to any other remedy, You shall be responsible for the reasonable attorneys' fees incurred by Rhiyanna and/or any Rhiyanna Affiliates in defending such action. Rhiyanna retains all rights at law and in equity to enforce the provisions of the Terms of Use in accordance with applicable Law.

Section 17. - Entire Agreement.
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The Terms of Use contains the entire agreement and understanding between You and Rhiyanna with respect to the transactions contemplated hereby; and the Terms of Use supersedes all prior understandings and agreements of the parties with respect to the subject matter hereof.

Section 18. - Headings.
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The descriptive headings in the Terms of Use are inserted for convenience only and do not constitute a part of the Terms of Use.

Section 19. - Governing Law.
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The Terms of Use shall be governed by and construed in accordance with the Laws of California, United States of America, without regard to conflict of law principles. The parties agree that a final judgment in any action or proceeding shall, to the extent permitted by applicable Law, be conclusive and may be enforced in other jurisdictions by suit on the judgment, or in any other manner provided by applicable Law related to the enforcement of judgments. If any ambiguity or question of intent or interpretation arises, the Terms of Use shall be construed as if drafted jointly by the parties and no presumptions or burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the provisions of the Terms of Use. You agree to service of process for any claim arising out of or related to the Terms of Use via United States mail or a national private courier service (e.g., FedEx, UPS, and the like), and You hereby waive personal service.
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Section 20. - Binding Effect.
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The Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns, and legal representatives; provided, however, that You shall not assign the Terms of Use or any part thereof, by operation of Law or otherwise, without the prior written consent of Rhiyanna, which consent may be withheld in the sole discretion of Rhiyanna.
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Section 21. - Gender and Number.
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Throughout the Terms of Use, wherever the context requires or permits, the neuter gender shall be deemed to include the masculine and feminine, and the singular number to include the plural, and vice versa.

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Section 22. - Severability.
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The invalidity or unenforceability of any particular provision of the Terms of Use shall not affect the other provisions hereof, and the Terms of Use shall be construed in all respects as if such invalid or unenforceable provisions were omitted.

Section 23. - Indemnification.
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You agree to indemnify, defend, and hold harmless Rhiyanna, its officers, directors, attorneys, employees, agents, and assigns (collectively, "Indemnified Party") for any and all suits, claims, losses, damages, expenses, costs, judgments or other liabilities (including but not limited to reasonable attorneys' fees, costs and expenses) (collectively, "Claims") arising out of or related to: (1) any breach or alleged breach of the Terms of Use by You, including without limitation any breach or alleged breach of the representations and warranties made by You; (2) Your violation or alleged violation of any Law; (3) Your use of the Holistic Portal and/or the Services; (4) Your negligence or willful misconduct; and/or (5) any misrepresentations by You.

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Rhiyanna shall have the exclusive right: (1) to select legal counsel to defend Claims, (2) to direct the defense or settlement of Claims, (3) to make, accept, or reject any offers of settlement of Claims, (4) to enter into any non-monetary settlement, and (5) to admit or deny fault or liability. The provisions of this Section shall, specifically and without limitation, survive the termination of this Agreement.

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Section 24. - Contact Information.
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Except as otherwise provided, please direct all inquiries and other communications relating to the Holistic Portal and/or the Services to: contact@somasphere.art

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Section 25. - User to Provide Internet Access.

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In order to access the Holistic Portal and/or use the Services, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
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Section 26. - Payment and Refund Policy
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Pricing. Prices for any Service may change from time to time. The price Rhiyanna charges You will be the price on the Bookings Page on the date of access, located at https://l.bttr.to/FFPym,  that is applicable to the Service that Rhiyanna provides.

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Service. All Service purchases must be paid in full prior to the provision of the Service and are non-refundable and non-transferable. Your ability or inability to access, engage with, commit to, receive, attend, or utilize a Service in whole or in part, for any reason does not alter the price nor invalidate the purchase of the Service.

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Portal Options. All portal options (“Subscriptions”) are non-refundable and non-transferable. The Subscription you purchase determines Your access to the various Services on the Holistic Portal as outlined and subject to change in the Bookings Page, located at https://l.bttr.to/FFPym. You may upgrade Your Subscription at any time. To downgrade or deactivate Your Subscription, see the cancellation policy below.

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Online Booking. The payment required to book an appointment or session is non-refundable. If You cancel or do not show up to the scheduled appointment or session booked at checkout, You forfeit the time and Service without a refund of the payment. Scheduling is subject to Rhiyanna's availability. Rhiyanna maintains a record of all appointments and sessions fulfilled and forfeited, however, You are responsible for keeping track of Your appointments and sessions.

Prepaid Sessions. All prepaid sessions are non-refundable and non-transferable. If You cancel or do not show up to the scheduled session, You forfeit the time and Service without a refund.

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Rescheduling. Appointments and sessions may be rescheduled without penalty, subject to Rhiyanna's availability, if a written request to Rhiyanna is sent at least 24 hours prior to the date & time of the scheduled appointment via the direct messaging feature on the Holistic Portal. If available, you may also reschedule using the link in Your session confirmation email.

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All appointments and sessions without a written request to reschedule at least 24 hours prior to the date & time of the scheduled appointment must be attended by You or You forfeit the time and Service without a refund of payment.

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You may reschedule a session for a maximum of 2 times. If You cancel or do not show up to the session at its 2nd rescheduled date & time, You forfeit the time and Service without a refund. 

Section 27. - Cancellation Policy

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​Downgrade and Deactivate Subscription. You may downgrade or deactivate your Subscription at any time prior to the date of renewal. Once your Subscription has renewed, Your payment is non-refundable regardless of whether you opt to access and/or utilize the various Services associated with Your Subscription.

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To downgrade or deactivate Your Subscription, please send an email to contact@somasphere.art with subject title: DOWNGRADE/DEACTIVATE MY PORTAL.

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Attendance. You are expected to attend all scheduled virtual and in-person appointments and sessions. If you cancel or do not show up to a session, you forfeit the time and service without a refund.

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Tardiness. If you are late to an appointment or session, you will not receive an extension of time nor a refund of any amount. If more than 1/2 of the length of time of the ap session has passed without Your attendance, the session will be treated as a cancellation and You forfeit the remaining time. 

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Reimbursements. In the event that Rhiyanna must, arising out of their own circumstances, cancel Your appointment or session, You will receive priority rescheduling or be reimbursed the full amount of the price of the appointment or session.

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Responsibility. You may or may not receive reminders for scheduled appointments or sessions. It is Your responsibility to keep track of and attend all scheduled appointments or sessions, whether booked through the Holistic Portal, the app, or as discussed virtually, over the phone, or in-person.

Section 28. - User Compliance with Local Laws.
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You warrant and agree that Your access to and use of the Holistic Portal and/or the Services is in compliance with the Laws governing such access, use, and related conduct in Your geographic region.

Section 29. - Survival.
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Any termination, cancellation or expiration of this Agreement notwithstanding, provisions which are by their terms intended to survive and continue shall so survive and continue, including without limitation Sections 7, 9, 10, 12, 13, 16, and 23.

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IF YOU DO NOT AGREE TO THE TERMS SET FORTH ABOVE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE HOLISTIC PORTAL OR SERVICES IN ANY WAY, AND YOU MUST EXIT THE HOLISTIC PORTAL IMMEDIATELY.