top of page

Soul-Smudge, LLC

Website Terms and Conditions / Disclaimer

Last modified: September 27, 2023

​

Acceptance of the Terms of Use

Welcome to the website of Soul-Smudge, LLC. (“Company,” “we” or “us”). The following terms and conditions (together with any documents referred to in them) (the “Terms of Use”) apply to your use of www.soul-smudge.com, including any content, functionality and services offered on or through www.soul-smudge.com or https://soulsmudge.podia.com/ (the “Websites”), whether as a guest or as a registered user.

​

Please read these Terms of Use carefully before you start to use the Websites. By using the Websites, you accept and agree to abide by these Terms of Use, our Privacy Policy, found at www.soul-smudge.com/privacy-policy, and our Purchase Terms, Refund Policy, and Cancellation Policy, www.soul-smudge.com/purchase-terms, incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Policy, the Purchase Terms, Refund Policy, or Cancellation policy, you must navigate away from or otherwise refrain from using the Websites. These Terms of Use apply unless you have signed a separate formal written agreement with Company.

​

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes will apply prospectively only. Any changes to the dispute resolution procedures set forth below in Governing Law and Jurisdiction shall not apply to any disputes for which the parties had actual notice as of the date the change was posted on the Websites. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes.

 

Accessing the Website and Account Security

To use the Websites, you represent and warrant that you are of legal age to form a binding contract with the Company and are at least 18 years or older.

​

Access to the Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Websites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.

​

You are responsible for making all arrangements necessary for you to have access to the Websites.

​

You are responsible for ensuring that all persons who access the Websites through your account are aware of these Terms of Use, and that they comply with them.

​

To access the Websites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete.

​

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your username or password or any other breach of security and ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time, for any reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

 

Disclaimer:

The Websites Do Not Provide Medical Advice; any information is for Educational/Informational Purposes Only

 

All readings, sessions, and class participation are for persons 18 years or older.

​

Soul-Smudge, LLC reserves the right to refuse services to anyone.

​

Upon requesting services from Soul-Smudge, LLC, you will be asked to read, understand, and agree by signature to the following statements that the state of Texas requires us to provide:

 

  • I understand that the practitioners at Soul-Smudge, LLC have undergone training and mentorship in order to be certified as Reiki Masters; however, the training and certification they have received is not recognized by this state and they are not licensed by this state as a health care or healing arts practitioner. 

  • I understand that Reiki is a simple, gentle, hands-on energy technique that is used for stress reduction and relaxation.

  • I understand that Reiki practitioners do not diagnose conditions, nor do they prescribe or perform medical treatment, prescribe substances, nor interfere with the treatment of a licensed medical professional.

  • I understand that Reiki, or any other energy healing technique, does not take the place of medical care. It is recommended that I see a licensed physician or licensed health care professional for any physical or psychological ailment I may have.

  • I understand that Reiki can complement any medical or psychological care I may be receiving.

  • I understand that the body has the ability to heal itself and to do so, complete relaxation is often beneficial.

  • I acknowledge that long term imbalances in the body sometimes require multiple sessions in order to facilitate the level of relaxation needed by the body to heal itself.

  • I understand that Soul-Smudge, LLC does not provide personal relationship advice or legal / financial counsel.  It is recommended that I seek appropriate professional licensed counseling, therapy, and/or professional advice for any concerns I may have in these areas.

  • I assume sole responsibility for my own health and for the results of any sessions provided by Soul-Smudge, LLC.  I release Soul-Smudge, LLC, its owners, and practitioners from all legal liability before, during, and after my participation in any Reiki or other energy therapy sessions provided by Soul-Smudge, LLC.

  • I understand that Soul-Smudge, LLC has the right to refuse services to any client or to terminate the business relationship with any client.

  • THE STATE OF TEXAS HAS NOT ADOPTED ANY EDUCATIONAL OR TRAINING STANDARDS FOR UNLICENSED COMPLEMENTARY AND ALTERNATIVE HEALTH CARE PRACTITIONERS. THIS DISCLOSURE IS FOR INFORMATIONAL PURPOSES ONLY.  Under Texas law, an unlicensed complementary and alternative health care practitioner may not provide a medical diagnosis or recommend that a person discontinue a medically prescribed treatment. A client may seek at any time a diagnosis from a licensed physician, chiropractor, or acupuncture practitioner or a service from a physician, chiropractor, dentist, nurse, osteopath, physical therapist, occupational therapist, massage therapist, dietitian, midwife, acupuncture practitioner, athletic trainer, or any other type of licensed health care practitioner.

​

 

All intuitive and psychic/mediumship services, classes, or materials are for educational and entertainment purposes only.  While we strive to the best of our abilities to provide helpful intuitive/psychic information, the accuracy cannot be guaranteed, nor can any particular outcome be guaranteed.  It is up to the client to be responsible and accountable to use the information to make decisions that best suit them in their life.

​

THE COMPANY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS are not responsible for any actions or non-actions taken by the client as a result services provided.  The Company disclaims any liability to any client or entity for any loss or damages caused by client acting or not acting upon any comment, advice, or suggestion provided on the Websites, during individual sessions, or classes.

​

Spiritual Healing and Energy Medicine are not a regulated medical practice or a practice that diagnoses or treats illnesses of body or mind, though it may be a complement to such practices.  Spiritual healing and energy work are not a substitute for traditional medical treatment, if you have a health issue or concern, please see a licensed medical professional. These pages are offered as part of the Company’s energy healing services, products, and classes and are not to be taken as medical advice but as general information only.  

​

At all times your health and healing are your responsibility. We are available to be your partner in this process.  

 

Past life regression using QHHT is a non-therapeutic form of hypnosis that is intended for entertainment and educational purposes only.  It is not used to diagnose, cure, or treat medical or mental health conditions.  Any exploration of one’s past or current situations or difficulties, or any and all other personal development approaches, may bring memories and/or emotions to the surface. While these may be of assistance on the path of spiritual revelation and personal development, the individual undertaking such exploration assumes any and all associated risks.

 

Please use the websites, services, classes, and the information provided at your own risk.  By viewing the website you agree to fully release, indemnify and hold harmless the Company and its providers from any claim or liability of any kind or nature which may arise out of, or in relation to, the information presented by the Company and its providers.

​

The information contained in the Websites, or provided to you via the Websites in response to a request made or a question asked by you, or as a result of the completion of a questionnaire by you is provided for informational purposes only. The websites, services, and classes are not intended to provide and do not constitute medical, psychological, legal, financial, business, or other professional advice. The content on www.soul-smudge.com and https://soulsmudge.podia.com, and/or social media including ideas, suggestions, techniques, articles, blog, and other materials, is provided as general information only.  We do not provide medical diagnosis or consultations related to health, medical, or psychiatric issues. Any information on the websites or provided during sessions is not intended to be used to cure, treat, diagnose, or prevent a medical or psychological disorder.

​

The information should not be considered complete and does not cover all or any particular health issues. The information should not be relied upon and should not be used in place of a visit with, called to, consultation with or advice from your physician or other health care provider.

​

Company does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. If you suspect you have a medical problem, or if you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of information on the Websites, or information provided during individual sessions, or in the information provided in response to your inquiries or questions that you do not need to consult a health care professional, nor should you rely on such information to cure an ailment or alleviate pain.

Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on the Websites, or as a result of any recommendations made on the Websites, or as a result of the answer to any of your inquiries via the Websites. The information is not a substitute for professional medical advice, and nothing contained on the Websites or in a response to your inquiries or questionnaires via the Websites is intended to be instructional for medical diagnoses or treatment.

You may email us with questions regarding our products and services in general. Do not send us any unique or personal medical, therapeutic or treatment questions. Company does not provide medical advice, and as previously stated, we urge you to contact your physician if you feel you require possible medical advice or treatment.

​

THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

​

​

 

Intellectual Property Rights

The entire contents of the Websites (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned by the Company or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.

 

You are permitted to use the Websites for your personal, non-commercial use only, or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of the Company. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on our sites without the prior written consent of the Company, except to:

  • Store copies of such materials temporarily in RAM.

  • Store files that are automatically cached by your Web browser for display enhancement purposes.

  • Print a reasonable number of pages of the Websites for a permitted use.

You must not:

  • Modify the paper or digital copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark and other proprietary notices appearing on such materials.

 

You must not reproduce, sell or exploit for any commercial purposes any part of the Websites, access to the Websites or use of the Websites or any services or materials available through the Websites without obtaining a license to do so from the Company or its applicable licensor.

​

If you print, copy, modify, download or otherwise use any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the site are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

​

Company Trademarks

The Company name, the terms Soul-Smudge, any Company logos, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

​

Prohibited Uses

You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm the Company or users of the Websites or expose them to liability.

Additionally, you agree not to:

  • Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.

  • Use any robot, spider or other automatic device, process or means to access the Websites.

  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Websites.

  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the servers on which the Websites are stored, or any server, computer or database connected to the Websites.

  • Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Websites.

 

Changes to the Websites

We may update the Websites from time to time, but its content is not necessarily complete or up-to-date. We may change the Websites at any time with or without notice. We may suspend access to the Websites or close them indefinitely. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

​

Information About You and Your Visits to the Websites

We collect and use information about you in accordance with our Privacy Policy, available at our privacy policy page. By using the Websites, you consent to such collection and use, and you represent and warrant that all data provided by you is accurate.

​

Linking to the Websites

You may link to our homepages or any other interior page of our websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the homepages.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

​

Links from the Websites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

​

Geographic Restrictions

The owner of the Websites is based in the state of Texas in the United States. We make no claims that the Websites or any of their content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with your own local laws.

​

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES, WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFETS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES ITA AVAILBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENT OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

​

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​

Limitation on Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT(S). THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER OR NOT WE WERE AWARE OF THE POSSIBILITY OF SUCH LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

​

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors an their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of the Terms of Use or your use of the Websites, including, without limitation, any use of the Websites' content. Services and products other than as expressly authorized in these Terms of Use or your use of any information outlined from the Websites.

​

Governing Law and Jurisdiction

The Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

​

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

​

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Soul-Smudge, LLC with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.

​

Your Comments and Concerns

These Websites are operated by Soul-Smudge, LLC. All feedback, comments, requests for technical support and other communications relating to the Websites should be directed to sheryl@soul-smudge.com

​

Thank you for visiting our Websites!

​

bottom of page