Terms & Conditions:
OUR TERMS AND CONDITIONS
Last updated: July 22, 2023
Please read these terms and conditions carefully before using Our Service.
INTERPRETATIONS AND DEFINITIONS
INTERPRETATION
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DEFINITIONS
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Texas, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Jamie Gardner, Reflecting Divinity, Reflecting Divinity LLC, and its affiliates, officers, directors, owners, agents, licensors, and representatives.
Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
Service refers to the Websites (including the Booking Page) and any other Site created by Us from time to time and the products and services made available by means of any of these Sites.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
Website or Site refers to Reflecting Divinity and Reflecting Divinity Setmore Booking Page, or “Booking Page,” accessible from https://reflectingdivinity.com and https://reflectingdivinity.setmore.com/ , respectively.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACKNOWLEDGEMENT
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service, https://reflectingdivinity.com/privacy-policy/.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PRODUCTS OR SERVICES AND CANCELLATION AND REFUND POLICIES
Certain products or Services may be available exclusively online through the Website and the Reflecting Divinity Setmore Booking Page. These products or Services may have limited quantities and are subject to refund only according to our Refund Policy. Standard cancellations must be made by You through the Booking Page at least 24 hours before the scheduled Service in order to receive a full refund.
We reserve the right, but are not obligated, to limit the sales of Our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that We offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.
SECURITY OF YOUR PERSONAL DATA
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
We implement a variety of security measures to maintain the safety of Your personal information when You place an order or enter, submit, or access Your personal information. We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted, only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential.
We utilize Setmore for Our Services, including the Reflecting Divinity Setmore Booking Page, https://reflectingdivinity.setmore.com/. The process of booking a session through the Reflecting Divinity Setmore Booking Page includes payment through Square, an integration available by Setmore, found here https://www.setmore.com/integrations. Please review the privacy policy for customers providing payment for a service through Square at https://squareup.com/us/en/legal/general/privacy-no-account.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order You place with Us. We may, in Our sole discretion, limit, or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Site. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete your transactions and contact You as needed.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, You send certain specific submissions (for example contest entries) or without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that You forward to Us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in Our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that Your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that Your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third-parties as to the origin of any comments. You are solely responsible for any comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third-party.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit, including the privacy policy and terms of use of Setmore, https://www.setmore.com/privacy and https://www.setmore.com/1.0/support#terms-of-use. Please review the privacy policy for customers providing payment for a service through Square at https://squareup.com/us/en/legal/general/privacy-no-account.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
If We receive notice of errors or omissions, We will make reasonable efforts to correct them in due course; but We make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Service, that the Service will meet Your requirements, or as to the results that will be derived from using any of the information included in the Service.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at Your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but We have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.
TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE SERVICE OR PRODUCTS. THE SERVICE SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER, OR OPINION BY THE COMPANY. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL, ACCOUNTING, LEGAL, OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.
Hypnosis is contraindicated for individuals diagnosed with serious mental, psychiatric, or psychotic disorders, including: hallucinations, delusions, psychosis, drug and alcohol misuse, schizoaffective disorder and schizophrenia, brain trauma, dementia, cognitive defects, borderline personality disorder, and dependent personality disorder.
Hypnosis is not recommended for individuals with: narcolepsy, epilepsy, severe asthma, or hysterical or conversion reaction symptoms, as hypnosis may in rare cases exacerbate these conditions and symptoms.
IT IS YOUR RESPONSIBILITY AS THE CLIENT AND CONSUMER TO REFER TO THE ADVICE AND RECOMMENDATION OF A LICENSED MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC, OR OTHER MENTAL HEALTH PROFESSIONAL BEFORE BOOKING A SESSION OR RECEIVING ANY SERVICE WITH THE COMPANY IN THE INSTANCE OF ANY POTENTIAL, PROBABLE, OR CONFIRMED DIAGNOSES. BY BOOKING WITH THE COMPANY, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND AND ASSUME ALL RESPONSIBILITIES AND RISKS AS A RESULT OF RECEIVING THE SERVICE.
By scheduling a session with Reflecting Divinity™, you understand and agree that Jamie Gardner is not a medical professional, attorney, accountant, or other licensed professional and cannot give medical, legal, or tax advice. Any information or advice given by the Company, Jamie Gardner, or Reflecting Divinity LLC is not to be used by you in place of any medical treatment or diagnosis, psychological or psychiatric therapy, or legal, tax, or financial advice from qualified and licensed professionals in those fields. Sessions with Jamie Gardner or Reflecting Divinity are intended to offer insight into your personal life and do not in any way constitute medical, legal, tax, or financial advice. The Company does not provide services that constitute medicine or medical services, hypnotherapy, counseling, or other psychological or mental health therapy.
TEXAS LAW
Eligibility: Hypnotherapy can be utilized by licensed psychologists, licensed professional counselors, and licensed marriage and family therapists and marriage and family therapist associates. Members of law enforcement can also obtain an investigative hypnosis proficiency certificate by completing a basic investigative hypnosis course, passing an approved examination, and submitting an application and $35 fee to the Texas Commission on Law Enforcement.
Relevant Regulation(s):
3 Texas Occupations Code § 501.003 (1) “Practice of psychology” means:
(iii) providing psychological, neuropsychological, and psychoeducational evaluation, therapy, and remediation as well as counseling, psychoanalysis, psychotherapy, hypnosis, and biofeedback; or
22 Texas Administrative Code § 681.31 The use of specific methods, techniques, or modalities within the practice of professional counseling is limited to professional counselors appropriately trained and competent in the use of such methods, techniques, or modalities. Authorized counseling methods, techniques and modalities may include, but are not restricted to, the following:
(13) hypnotherapy, which uses the principles of hypnosis and post-hypnotic suggestion in the treatment of mental and emotional issues and addictions;
22 Texas Administrative Code § 801.42 The following are professional therapeutic services which may be provided by an LMFT or LMFT Associate.
(15) Hypnotherapy using systems methods and processes which include the principles of hypnosis and post-hypnotic suggestion in the treatment of mental and emotional disorders and addictions.
37 Texas Administrative Code § 221.7 (a) To qualify for an investigative hypnosis proficiency certificate, an applicant must meet all proficiency requirements including:
(1) successful completion of the current basic investigative hypnosis course; and (2) pass the approved examination for investigative hypnosis proficiency. (b) A certificate is valid for two years.
(c) To keep the certificate valid, the holder must successfully complete an update course once every two years.
(d) If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.
Hypnosis and Hypnotherapy when performed by a licensed psychologist are subject to Board Rules. 22 Texas Administrative Code § 465
References:
– 37 Texas Administrative Code § 221.7 (2001 & rev. 2001).
– 22 Texas Administrative Code § 681.31 (2020).
– 22 Texas Administrative Code § 801.42 (2020).
– https://statutes.capitol.texas.gov/Docs/OC/htm/OC.501.htm
"AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions are in effect, You agree to be bound by the revised Terms, whether or not You have reviewed them or been notified about them. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
CONTACT US
If you have any questions about these Terms and Conditions, You can contact Us:
By email: reflectingdivinity@gmail.com
By visiting this page on Our Website: https://www.reflectingdivinity.com/contact
