Terms of service

OVERVIEW

This website is operated by Amy Romanowsky LLC, a sole proprietorship under Washington State law (the “Company”). The Company offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting this site and/ or purchasing goods or services, you engage in the “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and in the Waiver signed when scheduling a service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. The Company reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The store is hosted on Squarespace. They provide an online platform that allows the Company to schedule services for you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use this site. You may not use the products and services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

The Company reserves the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 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 the Company. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The Company is 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. The Company reserves the right to modify the contents of this site at any time, but it has no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products and services are subject to change without notice. The Company reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. The Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

RESCHEDULING AND REFUNDS

Should you need to reschedule a session, you may do so by providing 24-hour notice in advance of your session by rescheduling through the website portal or emailing the Company at aaromanowsky@gmail.com. Cancellations and sessions not rescheduled 24 hours in advance will be charged full price. Group sessions hosted by the Company are not subject to rescheduling, and no refunds are granted if you are unavailable to attend. 

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. The Company has made every effort to display as accurately as possible the colors and images of the products and services that appear at the store. The Company cannot guarantee that your computer monitor's display of any color will be accurate.

The Company reserves the right but is not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. The Company may exercise this right on a case-by-case basis. The Company reserves the right to limit the quantities of any products or services that it offers. All descriptions of products and services or product and service pricing are subject to change at any time without notice, at the sole discretion of the Company. The Company reserves 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. The Company does 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. Reiki and energy healing are not licensed by the state of Washington and the Company does not diagnose conditions nor does it prescribe or perform medical treatment, prescribe substances, or interfere with the treatment of a licensed medical professional. It is recommended to see a licensed physician or licensed health care professional for any physical or psychological ailments. 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

The Company reserves the right to refuse any order you place. The Company may, in its 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 Company makes a change to or cancels an order, Company may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Company reserves the right to limit or prohibit orders that, in its 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 the website. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that Company can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

The Company may provide you with access to third-party tools over which it neither monitors nor has any control or input. You acknowledge and agree that it provides access to such tools “as is'' and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Company may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with the business. Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. 

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at Company’s request, you send certain specific submissions (for example contest entries) or without a request from it you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Company may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to it. Company is 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.

Company may, but has no obligation to, monitor, edit or remove content that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

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 email address, pretend to be someone other than yourself, or otherwise mislead Company or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Company takes no responsibility and assumes no liability for any comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by the Privacy Policy. To view the Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. Company reserves 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).

Company undertakes 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.

SECTION 12 - 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 her 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. Company reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Company does not guarantee, represent or warrant that your use of the service will be uninterrupted, timely, secure, or error-free. Company does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time Company may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Company, or its employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Company’s liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or Company. You may terminate these Terms of Service at any time by notifying Company that you no longer wish to use the Services, or when you cease using the site.

If in Company’s sole judgment you fail, or Company suspects that you have failed, to comply with any term or provision of these Terms of Service, Company also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by Company on this site or in respect to The Service constitutes the entire agreement and understanding between you and Company and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Company (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW; DISPUTE RESOLUTION

These Terms of Service and any separate agreements whereby Company provides you Services shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its choice of law rules. All disputes, controversies, claims, breaches and terminations directly or indirectly arising out of or in connection with or directly or indirectly relating to these Terms or any of the matters or transactions contemplated by these Terms (for the avoidance of doubt, including any claim seeking to invalidate, or alleging that, all or any part of these Terms is unenforceable, void or voidable) (such claims, disputes and controversies, collectively, “Disputes”) shall be resolved by confidential, binding arbitration to be seated in the State of Washington in accordance with the laws of the State of Washington (irrespective of the choice of laws principles) and conducted in the English language by a single arbitrator pursuant to the applicable rules of the American Arbitration Association (the “Rules”). The arbitrator shall be appointed in accordance with the procedures set out in the Rules. The award or decision of the arbitrator shall be final and binding upon the parties and the parties expressly waive any right under the laws of any jurisdiction to appeal or otherwise challenge the award, ruling or decision of the arbitrator. The judgment of any award or decision may be entered in any court having competent jurisdiction to the extent necessary. No party hereto shall (or shall permit its representatives to) commence, continue or pursue any Dispute in any court; provided, however, that the Company shall be entitled to obtain an injunction or injunctions to prevent breaches of this provision and to enforce specifically the terms and provisions thereof, this being in addition to any other remedy to which the Company is entitled at law or in equity, and the parties hereto hereby waive the requirement of any posting of a bond or security for costs in connection with any such application for injunctive relief or specific performance. The parties hereby acknowledge, represent and warrant that they understand that:

there is no judge or jury in arbitration, and, absent this mandatory provision, the parties may have the right to sue in court and have a jury trial concerning Disputes;

in some instances, the costs of arbitration could exceed the costs of litigation;

the right to discovery may be more limited in arbitration than in court; and

court review of an arbitration award is limited. Each of the parties hereto hereby irrevocably waives any and all right to trial by jury in any action, suit or other legal proceeding arising out of or related to these Terms or the transactions contemplated hereby.

Except to the extent necessary to enforce their respective rights under these Terms or as otherwise required by applicable law or regulation, the parties undertake to maintain confidentiality as to the existence and events of the arbitration proceedings and as to all submissions, correspondence and evidence relating to the arbitration proceedings, save for disclosure to the relevant party's auditors, legal counsel or other advisors. This provision shall survive the termination of the arbitral proceedings.

All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

Company reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the website. It is your responsibility to check the website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to Amy Romanowsky LLC at aaromanowsky@gmail.com.

You agree that you have read, comprehend, and will adhere to these terms. You acknowledge that these terms, along with the Privacy Policy, constitute the entirety of our agreement, overriding any previous oral or written proposals or agreements, and any other communications between us regarding the subject matter of this agreement.