By using SexySoundHealing.com and/or the Sexy Sound Healing app, you are consenting to our Terms & Conditions as outlined below.
The terms “we,” “us,” and “our” refer to EXCELLING, LLC. The term “Site” refers to SexySoundHealing.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
Sexy Sound Healing is a membership platform and app for sound healing, music as medicine, live events, tracking features, in-app community, and a proprietary music catalog merging mainstream sounds with specific sound frequencies (the “Service”).
Use of SexySoundHealing.com and/or the Sexy Sound Healing app, including all materials presented herein and all online services provided by EXCELLING, 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 reading them.
Parties agree that the Service is in the nature of education. The scope of services provided by EXCELLING, LLC according to this Agreement are limited to those listed on SexySoundHealing.com website and in the Sexy Sound Healing app. EXCELLING, LLC reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
ADULT USE ONLY
To access or use the Site or Service, you must be 18 years of age or older 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 and Service. If children under the age of 18 are permitted to use the Site and Service by a parent or guardian, that guardian or parent must be present for the duration of the use of the Site or Service.
The Sexy Sound Healing offerings of EXCELLING LLC are not medical applications, and they are not intended to cure, treat, mitigate, diagnose or prevent disease. The information provided herein should not be treated as a substitute for professional licensed medical advice, diagnosis or treatment. If you are looking for such advice, please seek out a qualified licensed medical professional.
Sexy Sound Healing staff and EXCELLING LLC team members are not licensed therapists. Sexy Sound Healing services are not intended to cure, treat, mitigate, diagnose or prevent mental health or mental deficiencies. Information here should not be treated as a substitute for mental health advice. Please seek out a qualified mental health professional.
Intuitive readings are not intended to cure, treat, mitigate, diagnose or prevent disease. The information provided herein should not be treated as a substitute for professional licensed medical advice, diagnosis or treatment. If you are looking for such advice, please seek out a qualified licensed medical professional.
Intuitive Readings are solely meant to serve as a guide and support in your endeavors, not direction, strategy or curriculum. You understand that any decisions, directions or actions or consequences thereof are your responsibility. You understand that other qualified professionals may need to be consulted before making such decisions, directions or actions and agree to exercise your due diligence prior to taking said actions. EXCELLING LLC is not liable for any consequences of your decisions.
Binaural beats provided by EXCELLING LLC should not be listened to, playing in the background, or otherwise consumed while operating machinery or driving. Doing so would run the risk of falling asleep.
Sounds on this Site or in the Service may trigger seizures for audio sensitive epilepsy. If you have further questions and have audio sensitive epilepsy, consult your doctor.
Sounds on this Site or in the Service may include adult content such as moaning, groaning, heavy breathing and other sounds of a sexual nature. No sexual activity was recorded in the making of Sexy Sound Healing content.
Profanity is used on this Site and in this Service.
What “sexy” means: Sexy means an energy of aliveness, of life force energy, sometimes referred to as “qi” or “prana.” This energy may be directly or indirectly related to sex, but the energy itself is abundant, magnetic, and in alignment with your integrated and authentic expression.
Views expressed by EXCELLING LLC staff, third parties and/or Sexy Sound Healing members inside the Service, Site, or greater digital presence are not the opinions of EXCELLING, LLC.
CONTENT OF THE SERVICE
Information provided on the Site and Service related to membership, trainings, educational content, and other information are subject to change. EXCELLING, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, current or error-free. EXCELLING, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to EXCELLING, LLC will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Access to the Site and Service may be revoked or suspended without notice or refund.
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, personal, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity. 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.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service in order to protect our Intellectual Property. Were this to happen, we would notify the individual(s) about the removal.
We will email you to confirming your subscription with with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against EXCELLING, LLC when there are reasonable delays in the access of the Service.
EXCELLING, LLC reserves the right to terminate the Service, and or access to certain features of the Service, with prior notice to you.
Lifetime Access is for the lifetime of the Service. If for any reason, EXCELLING, LLC should dissolve or cease to exist, then your access to the Service terminates.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in termination of your access to the Service.
For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Site will end at the end of the current contracted term.
The organization has the right to terminate membership of those who do not abide by its community guidelines or align with its values. The Site reserves the right to terminate membership based on members’ behavior outside of the program that go against our guidelines or values in places including but not limited to social media accounts.
CANCELLATIONS & REFUNDS
You may cancel your subscription at any time by emailing email@example.com. Due to the nature of the Service, no refunds will be made for any membership fees already paid.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
No partial refunds are given should you terminate a subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.
It is entirely your responsibility to ensure that you email to cancel your account at least 72 hours before your subscription renewal date should you no longer require the Service and do not wish to be billed further. Email and office hours are Monday - Thursday 12:00pm - 4:00pm Pacific Standard Time.
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 accept 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.
MATERIAL YOU SUBMIT TO THE SITE OR SERVICE
You shall not upload, post or otherwise make available on the Site or Service any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, EXCELLING, LLC may provide access to a community or social media platforms in conjunction with the Service. EXCELLING, LLC is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and EXCELLING, LLC may limit or deny access to these platforms for misconduct that includes but is not limited to oppressive speech, spam, aggressive behavior, misinformation, solicitation, selling, being inappropriate, rude, violent, or threatening. EXCELLING, LLC will delete inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. EXCELLING, LLC is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect our integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to EXCELLING, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to EXCELLING, LLC remains yours to the extent that you have any legal claims therein. You agree to hold EXCELLING, LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site or Service, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of Zoom calls, live streams, webinars, retreats and other live events provided as part of the Service. You consent to your name, words, voice, and likeness being used by EXCELLING, LLC for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by EXCELLING, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. EXCELLING, LLC’s copyrighted and original materials are provided to you as part of the Service and are ONLY permitted for personal use as a single-user license. All intellectual property, including EXCELLING, LLC copyrighted materials shall remain the sole property of EXCELLING, LLC. No license to sell or distribute our materials is granted or implied.
You may not record, 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 or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s intellectual property with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this 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 versions to the Site and list the effective dates on the pages of our Terms and Conditions.
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, EXCELLING, LLC 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 EXCELLING, LLC 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 THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL EXCELLING, LLC CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM EXCELLING, LLC.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. 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 EXCELLING, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
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.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.” These Terms & Conditions are not up for interpretation of the consumers of the Site’s products and services.
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.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and EXCELLING LLC 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 EXCELLING LLC 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 EXCELLING LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to firstname.lastname@example.org.
We work with third party partners to collect and store data, including Stripe for payment processing, Passion.io for hosting the platform, Apple for app downloads, Google for app downloads and hosting our email and domain, and MailerLite for email campaigns, and Zapier for automations. Information is stored and protected within their sites. Click on each hyperlinked company name to view their full privacy policies.
GENERAL DATA PROTECTION REGULATION (GDPR) COMPLIANCE
An individual has the right to have their personal data erased if the data is no longer necessary for the purpose of the organization; organization is processing personal data for direct marketing purposes and the individual objects to this processing; in order for the organization to comply with a legal ruling or obligation; within 30 days of their request. However, an organization’s right to process someone’s data might override their right to be forgotten, including but not limited to the data being used to exercise the right of freedom of expression and information; comply with a legal ruling or obligation; perform a task that is being carried out in the public interest or when exercising an organization’s official authority; for the establishment of a legal defense or in the exercise of other legal claims.
If there is any dispute or concern with your use of our Site or Service, promptly send an email to email@example.com stating your concern. We will work to resolve any issues in Good Faith and expect your reply within 30 days. If these efforts fall after 30 days, we will involve a third party mediator. If you bring a concern forward and cease email communication to our reply, we will assume the dispute to be resolved. If we have brought you a concern and no there is no communication or efforts fail within 30 days, you will either be removed from the Site and Service and/or receive notice from our lawyer.
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.
All parties are responsible for their own attorneys’ fees.
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.
Updated: September 2, 2022