Terms & Conditions

Nurturing an Embodied Relationship with Ourselves: a Series of Guided Somatic Practices on Audio

Somatic Support Philly

1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

These terms require the use of arbitration to resolve disputes, rather than jury trials.

By placing an order for Nurturing an Embodied Relationship with Ourselves: A Series of Guided Somatic Practices on Audio sold by Somatic Support Philly, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions.

You may not order or obtain Nurturing an Embodied Relationship with Ourselves: A Series of Guided Somatic Practices on Audio sold by Somatic Support Philly if you (a) do not agree to these terms, (b) are not at least 18 years of age, or (c) are prohibited from accessing or using Somatic Support Philly's audio recordings by applicable law.

These terms and conditions (these “Terms”) apply to the purchase and sale of Nurturing an Embodied Relationship with Ourselves: A Series of Guided Somatic Practices on Audio (the "Recordings") from Somatic Support Philly (referred to as "Company," “us”, “we”, or “our” as the context may require).

You should also carefully review our Privacy Policy before placing an order for the Recordings from the Company.

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, access to the Recordings listed in your order.

3. Prices and Payment Terms.

(a) All posted prices, discounts, and promotions for the Recordings are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in the order confirmation correspondence. Price increases will only apply to orders placed after such changes. Posted prices may not include applicable taxes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

(b) You represent and warrant that (i) the credit card or other payment information you supply for purchases is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for the purchase, (iii) charges incurred by you will be honored by your credit card or other payment company, and (iv) you will pay charges incurred by you at the posted prices, any and all applicable taxes, if any, regardless of the amount quoted at the time of your order. You may be responsible for additional fees in the event that your payment results in any chargeback or any other bank fees or penalties.

(c) Company may offer coupon codes, promotional offers, or discounts based on financial circumstances and access to resources. Company does not guarantee that you will qualify for any of the above. Such discounts, promotional offers, or coupons may be subject to additional terms and conditions, and you agree to be bound by such additional terms and conditions in order to receive such discount, promotion or coupon.

4. Access; Termination.

(a) The Recordings shall be available for use on the following platforms/applications/services: Apple Podcasts, Overcast, Podcast Addict, Pocket Casts, Spotify, RSS feed, Hello Audio (collectively, the "Applications"). Subject to the other provisions within these Terms, access to the Recordings on the Applications may be indefinite. You are responsible for ensuring that you have the appropriate and sufficient internet connection, application, device, program, and/or other applicable technology required to listen to the Recordings. You agree that you will use the Recordings in accordance with any instructions provided by Company regarding use and access, in accordance with these Terms, and in accordance with the instructions and/or terms of the Applications, or any third party responsible for hosting or providing the Recordings.

(b) Company reserves the right to terminate your access to the Recordings, in full or in part and at any time, including without limitation following your payment for the Recordings, in the event that: (a) you violate any of these Terms, including without limitation the provisions of the Intellectual Property section herein; (b) you violate any of the instructions of Company with respect to the Recordings or your purchase of the Recordings; (c) you violate any of the instructions and/or terms of the Applications, or any third party responsible for hosting or providing the Recordings. Termination of access shall not limit Company's ability to seek any additional remedies available to Company under these Terms, or under applicable law.

(c) As Company has no control over the operations and functioning of the Applications, Company provides no guarantee that the Applications shall at all time have the ability to host or provide access to the Recordings. You understand, acknowledge and agree that Company shall not have any responsibility or liability to you in the event that an Application or other third party fails to provide access to the Recordings without involvement of the Company.

5. Intellectual Property.

(a) Ownership. You agree that the Recordings are the property of Company. Company is the sole and exclusive owner of the Recordings, and all copyright, trademark, patent, trade secret, and any applicable intellectual property rights in the Recordings.

(b) License. You understand, acknowledge and agree that the purchase of Recording grants you alone a limited, non-exclusive and non-transferable license, without right of sublicense, to use the Recordings (including, if requested by you in writing, a transcript of a Recording) solely for personal use, subject to these Terms. All rights in the Recordings not expressly granted hereunder are reserved to Company.

(c) Prohibited uses. You shall not edit, alter, modify, abridge or otherwise change in any manner the content of the Recordings, including, without limitation, all copyright and proprietary rights notices. Further, you shall not, and shall not permit third parties to: (1) represent that you (or a third party) in any way own or created the Recordings; (2) modify, translate, adapt, alter, or create derivative works from the Recordings; (3) copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Recordings; or (4) distribute, sublicense, rent, lease, loan, or grant any third party access to or use of the Recordings.

6. Returns and Refunds. Company may at its sole discretion grant a request for a refund, in full or in part, in the event that you request a refund within ten (10) days of purchase. Company will not grant any requests for refunds submitted beyond 10 days following your purchase. Any refund requests must be submitted via email to mariana@somaticphilly.com. The only exception to this refund policy is when the Recordings are purchased as part of the Somatic Starter Package; in these cases all sales are final and non-refundable.

7. Disclaimers. The Recordings are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.

Further you understand, acknowledge and agree that neither Company nor any of its members, principals or representatives are licensed medical or mental health professionals, and that the recordings are: (a) not designed or intended to serve as a substitute for or replacement of one-to-one work with a somatic practitioner, psychotherapist, or other provider of medical, mental health, or clinical care; (b) not designed or intended to establish therapeutic relationship between you and Company, and in no way forms a client-therapist relationship between you and Company; (c) in no way intended or designed to provide training on somatic therapy. Company provides no guarantee as to any specific experience or results through use of the recordings.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

8. Indemnification. You will, at your expense, will defend, indemnify, and hold Company harmless from and against any and all third party claims for damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, costs, and expenses including, without limitation, reasonable attorneys' fees, against Company for any and all of the following which directly relate to a claim, action, lawsuit, or proceeding made or brought against Company by a third party involving your violation of any of these Terms, including without limitation the violation of the any of the provisions of the Intellectual Property section of these Terms.

9. Limitation of Liability. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with any breach of these Terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages or the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.

Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Recordings.

The limitation of liability set forth above shall only apply to the extent permitted by law.

10. Recordings Not for Resale or Export. Resale of the Recordings is prohibited. You represent and warrant that you are buying Recordings from Company your own personal use only, and not for resale or export.

11. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of Recordings.

12. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.

13. Dispute Resolution and Binding Arbitration.

(a) You and Company are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase or use of the Recordings, will be resolved exclusively and finally by binding arbitration.

(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at https://www.adr.org/consumer or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.

16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Company website at https://www.somaticphilly.com/. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b) To Us. To give us notice under these Terms, you must contact us at mariana@somaticphilly.com. We may update the email address for notices to us by posting a notice on the Company website or sending you an email.

18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19. Entire Agreement. The order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

updated December 2023