BY VISITING THIS WEBSITE, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
1. Overview
The terms “we,” “us,” and “our” refer to Trauma and Somatics, LLC (the “Company”). The term “Site” refers to this website and any other Trauma and Somatics web page that links to these Terms and Conditions. The terms “user,” “you,” and “your” refer to site visitors, customers, clients, and any other users of the Site.
Through the Site we provide educational services for practitioners and helping professionals about trauma and somatic modalities for professional use. They are delivered by email, live online events including workshops and masterclasses, recorded video, and our online certification program (the “Service”).
Use of the Site, including all materials presented on it and all online services provided by Trauma and Somatics, 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 having read them.
2. 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. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to trauma and somatic practitioner training and other information is subject to change. The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
3. Registration Information
To register for a workshop or enroll in a program, you may be required to provide information about yourself, including your name, email address, and, for paid programs, billing information. You agree that any registration information you give to the Company will always be accurate, correct, and up to date. You must not impersonate someone else or provide an email address other than your own. You must not use the Site or Service for any illegal or unauthorized purpose, and you must not, in your use of the Service, violate any laws in your jurisdiction.
4. Lawful Purposes
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.
5. Refusal of Service
The Services are offered subject to our acceptance of your order and of you as a client. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We 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. If we choose to refuse our Services after payment has been processed, we will refund your money.
6. Order Confirmation
We will email you to confirm the placement of your order and with details concerning delivery of the Service. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
7. Payments, Cancellations, and Refunds
By entering your card information, you acknowledge that you will complete all agreed-upon payments. If a payment plan installment is missed for any reason, a 10% late fee will accrue 7 days after the payment is due. After 10 days, program access will be placed on hold until the remaining balance is paid.
We do not offer refunds for digital products or programs after purchase for any reason.
8. Product Description
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not assume that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
9. Our Intellectual Property
The Site and Service contain intellectual property owned by the Company, 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, 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 found violating this intellectual property policy.
10. Changes to These Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by our posting of the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent version to the Site and list its effective date on this page. The most current version of the Terms and Conditions supersedes all previous versions, and we encourage you to review them periodically to stay informed of our updates.
11. Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE 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, THE COMPANY 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 THE COMPANY 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 THESE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TRAUMA AND SOMATICS, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM TRAUMA AND SOMATICS, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU, TRAUMA AND SOMATICS, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
12. No Substitute for Medical or Psychological Treatment
The programs and other services provided by the Company are not therapy. By using the Service, you affirm that you are emotionally stable, in sound psychological health, and personally responsible for all of your own decisions and commitments. You further agree to be mindful of your own medical and psychological condition during any program or other service provided by the Company, and to seek medical or psychological treatment, including but not limited to psychotherapy, if needed. The Company does not provide medical or psychological services of any kind.
13. Third-Party Resources
The Site and Service contain links to third-party websites and resources, including embedded video and social media. 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 Trauma and Somatics, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
14. Indemnification
You shall indemnify and hold us 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 us with such assistance, without charge, as we 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.
15. International Users
The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
16. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Attn: Trauma and Somatics, LLCP.O. Box 90343Austin, TX 78709Email: hello@traumaandsomatics.com17. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Travis County, Texas. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. 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.
18. 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.
19. Severability
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.
20. Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
21. Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
22. Entire Agreement; Waiver
This Agreement, along with our Privacy Policy, constitutes the entire agreement between you and the Company 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 the Company 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 the Company.
