Terms & Conditions

TERMS OF USE

Welcome to https://modernconsciousness.com/ (the “Website“). The Website is owned and operated by Modern Consciousness, LLC (“us”, “our” or “we“).

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Modern Consciousness, LLC, reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

PRIVACY POLICY

Modern Consciousness, LLC, recognizes the importance of protecting the privacy of information provided by customers of our website, subscribers, members, students, event registrants, and purchasers of products. We created this policy with a fundamental respect for our customers’ right to privacy and to guide our relationships with our customers. This privacy statement discloses the privacy practices for all products and services offered by Modern Consciousness, LLC.

We want to make it easy for you to understand what information we collect from you, what we do with it, and how you can request access to this information as we believe in the best practice of maintaining transparency and trust with our visitors and clients. If you have questions about this policy, you can email us at [email protected].

COOKIES

To enhance our web site, cookies are used. A cookie is a piece of data stored on the user’s computer that is tied to information about the user. We may use temporary (or “session”) cookies for Site administration purposes. We use administrative cookies for the purpose of gaining information to enhance your personal experience on this Site, which allows us to better offer you products and services to meet your needs. Cookies track click stream information (for example, internet service provider, platform type, date/time stamp, internet protocol address, operating system, etc.), http protocol information (for example, last URL requested, browser type, etc.), online contact information (for example, email address, etc.), state management mechanisms (for example, data allowing a user to be tracked consistently), search terms (for example, search text, etc.). Session cookies should terminate once you close your browser. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time and may be removed by following your browser’s help utility directions. You may be able to configure your browser to alert when cookies can be accepted or denied.

We collect certain information from you when you visit this site and when your purchase, subscribe or download content such as name, email address and phone number. Specific information collected may vary by transaction as we collect only information necessary for that transaction type. We commit to using this information only in the way we have specified. When you visit this site, you are agreeing to this Privacy Policy and the collection of information identified in this policy. You have the option to opt out at any time.

We collect information to utilize in the following ways:

Improve our website to better serve you
Allow us to better serve you when responding to customer service requests
Send you periodic emails regarding your orders, appointments, or services to which you subscribed

We utilize third-party vendors for payment processing including WooCommerce, Square, or others. We do not store credit card or other payment information on our site. We utilize other third-party services to facilitate the conduct of our business which assist in communicating or interacting with the public including but not limited to social media services, widgets, apps, and plug-ins necessary to conduct and promote our business. We utilize third-party services to such as Google Analytics to monitor and analyze user of our service. We utilize cookies using standard business practices. Users can configure how their web browser utilizes cookies and permits you to delete or disable them. In general, we do not collect or disseminate information collected by these services.

We do not sell, trade, or otherwise share or transfer your personally identifiable information with other parties without advanced notice. This does not include those services necessary to operate our site such as payment interfaces. We maintain the right to release your information as appropriate to comply with the law, enforce our site policies, or protect our rights or safety.

Our web sites and emails may contain links to other sites. Modern Consciousness, LLC, is not responsible for the privacy practices or content of such other sites. We encourage our customers to be aware when they leave our site and to read the privacy statements of each web site to which we may link that may collect personally identifiable information. As well, we are not responsible for the misuse of Modern Consciousness’ name, products or services listed on other sites. If you choose to opt out of some or all our data collection, you may not be able to access all features of this website or our services.

If we change our privacy policy, which we may do at our own discretion, we will post those changes on this page. You may check this page periodically for any changes.

RESTRICTIONS ON USE, COPYRIGHTS AND TRADEMARKS

All content contained on the Website (collectively, “Content“), including but not limited to text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties, and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

USE AND PROTECTION OF PASSWORD AND ID.

Modern Consciousness, LLC, may provide user access to certain areas of the Website via assignment of a User ID and user-created password. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and Modern Consciousness, LLC, shall have no obligation to investigate the authorization or source of any such access or use. You are solely responsible for all access to and use of the website by anyone using the user ID/password whether or not such access to and use of the website is actually authorized by you including all communications, transmissions, and obligations (including financial obligations for purchases through the website) that may result from such access or use.

You are solely responsible for protecting the security and confidentiality of your user ID and password and shall immediately notify Modern Consciousness, LLC, of any unauthorized use of your account or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password or ID.

GRANT OF RIGHTS

You grant Modern Consciousness, LLC, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Modern Consciousness, LLC, the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Modern Consciousness, LLC, or a third party.

We reserve the right to edit or remove any material submitted to the Website; stored on Modern Consciousness servers; or, hosted or published on the Website. Modern Consciousness, LLC, takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Modern Consciousness’ rights under the Terms of Use, we do not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMENT POLICY

The Website may offer options for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

Harassment directed toward any content creator, Modern Consciousness, LLC, or its employees
Hate or defamatory speech
Spam
Reference illegal acts
Solicitation
Violations to the legal rights of a third party

Determining if a comment is in violation of this policy is at our sole discretion. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

AFFILIATE MARKETING OR OTHER CONTENT LINKED TO THE WEBSITE

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates, content, or other partners. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

DISCLAIMER & RELEASE OF LIABILITY

Modern Consciousness, LLC, is a personal development company that offers coaching, programs or other products and services using methodologies and modalities such as High-Performance Coaching, Neuro-Linguistic Programming (NLP), NLP hypnosis, Emotional Freedom Technique (EFT), and Theta Healing®. Although many receive great benefit from programs such as these, there is no guarantee that an individual client will achieve their goals or that their results will be the same as others who have reported success. Clients are responsible for their own results.

We do not diagnose or treat any disease or disorder or person. If you are experiencing intense difficulties that leave you unable to cope with daily life, are ideating suicide, or are in immediate danger, we urge you to seek medical or other professional attention necessary to move you out of crisis and into a safer more stable situation or environment. Our services do not replace nor are they intended to replace the care of licensed psychologists or other healthcare professionals.

By using this site and/or our services or products, you are acknowledging your declaration that Modern Consciousness, LLC, and all of its affiliates are not liable or responsible for any loss or damage to you whatsoever and irrevocably release Modern Consciousness, LLC, it’s owners, employees, contractors, subcontractors, or any other entity that provides products or services through our company from any and all claims, actions, lawsuits, demands, agreements, liabilities, judgements, and proceedings in law and in equity. If you take legal actions or participate in any legal proceedings subsequent to this release, you agree that complaints or legal proceedings will be dismissed at your cost.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Modern Consciousness, LLC, makes no representations or warranties in relation to the Website or the information and materials provided therein.

Modern Consciousness, LLC, makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Modern Consciousness, LLC, is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information below in written format. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

A description of the copyrighted work that you claim has been infringed
A description of where the material that you claim is infringing is located on the Website
Your address, telephone number, and e-mail address
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
A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

Please submit this information to Modern Consciousness, LLC, P.O. Box 25201, Sarasota, FL 34277.

MISCELLANEOUS PROVISIONS

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Modern Consciousness, LLC, as a result of these Terms of Use or your use of the Website.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Sarasota, Florida. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally-identifiable information of a child under the age of 13 in its database the, please contact us immediately at [email protected] and Modern Consciousness, LLC, will use its best efforts to promptly remove such information from our records.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Modern Consciousness, LLC, to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) may be received in exchange for this sponsored content placement, Modern Consciousness, LLC, gives its honest opinion, findings, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

NOTICES

All notices with respect to the Terms of Use must be in writing and may be sent via email to [email protected] for Modern Consciousness, LLC, to your email address and mailed to P.O. Box 25201, Sarasota, FL 34277.

March 2023

Contact Information:

Modern Consciousness, LLC

P.O. Box 25201

Sarasota, FL 34239

941-336-6630