BeautyBets Incorporated, doing business as Healers (“Healers”) provides entertainment and information in the form of websites, blog posts, podcasts, and similar content, multimedia, and related services (the “Services”) through the website located at healerswanted.com (the “Site”) and other media.
Although you may access the Site without becoming a member, Healers limits access to the content available on the Site. This membership agreement (the “Agreement”) governs your use of and access to the Site the Services. Such use and access is also governed by the Terms and Conditions of Use (accessible at healerswanted.com/terms-of-use) the Privacy & Cookies Policy (accessible at healerswanted.com/privacy-policy).
BY CLICKING “I ACCEPT,” YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SERVICES. NOTWITHSTANDING THE FOREGOING, YOUR USE OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THE AGREEMENT. 1. Membership. Membership to the Site provides you with access to additional information and the ability to purchase and access additional portions of the Services. Membership is not available to any individual under the age of 18. Healers may offer different types of memberships with different levels of access. The extent of access and price is determined by your membership level. Unless otherwise noted, all services are provided online. No services are provided in-person.
a. A La Carte Membership. Healers will provide members with the opportunity to purchase access to specific content a la carte based on the prices listed for the specific content.
b. Subscription Membership. Healers may provide the option for annual or monthly subscriptions to the Site and Services. The prices and content available for each subscription level are listed at healerswanted.com/join and healerswanted.com/healers-collective/.
c. Automatic Renewal. Subscription memberships will automatically renew either on a month-to-month or year-to-year basis, depending on the type of subscription you purchase. If you wish to cancel your subscription before it is renewed, you must do so through the online account cancellation feature available in the member portal at healerswanted.com/members before the Renewal Date, as defined in Section 2(a) below. 2. Purchase Terms.
a. Automatic Payments. All membership fees are charged automatically each subsequent month or year on the same purchase date (the “Renewal Date”). In the event the Renewal Date falls on a date which does not exist in a particular month (i.e., the 31st), the membership fee will be charged on the last calendar day of such month (i.e., the 30th, 29th, or 28th, as the case may be).
b. Credit Card Required. By using a credit card as a method of payment, you represent and warrant that you are authorized to use the credit card presented as a method of payment and that your credit card will be billed the amount of money for your purchase. Prior to the purchase of any membership, a la carte content, or other Services, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; (v) any activation numbers or codes needed to charge your card; and (vi) any other information which may be reasonably requested to assist in the processing of your payment.
c. No Refunds. There are no refunds available for your purchase of any membership, a la carte content, or other portion or aspect of the Services.
d. Suspension. If Healers is unable to charge you for your membership renewal based upon the provided method of payment, Healers may suspend your access to all or any portion of the Site or Services until such payment is made in full.
3. Fees and Costs. All costs and fees for memberships are identified on Healers’ website at healerswanted.com/join Costs for a la carte content vary and are posted on the relevant page(s) for such content at Healers’ website. All prices are subject to change at Healers’ sole discretion. You agree to pay all costs and fees for any membership or a la carte content purchased.
a. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION PROVIDED ON THE SITE AND/OR PROVIDED AS PART OF THE SERVICES IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED FOR DIAGNOSIS OR TREATMENT OF ANY MEDICAL, PHYSICAL, MENTAL, OR OTHER HEALTH RELATED PURPOSES. HEALERS IS NOT A HEALTH CARE PROVIDER AND THE SERVICES ARE NOT PROVIDED BY HEALTH CARE PROFESSIONALS.
b. YOUR RELIANCE ON ANY INFORMATION IN THE SERVICES, ON THE SITE, OR OTHERWISE PROVIDED BY HEALERS OR HEALERS’ AFFILIATES IS SOLELY AT YOUR OWN RISK.
c. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR HEALTH OR THE HEALTH OF OTHERS. DO NOT DISREGARD PROFESSIONAL MEDICAL OR HEALTH ADVICE, OR DELAY SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THIS SITE.
d. HEALERS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. HEALERS DOES NOT WARRANT THAT THE OPERATION OF THIS SITE OR AS PART OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. HEALERS DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
e. THIS SITE IS NOT INTENDED FOR USE BY INDIVIDUALS UNDER THE AGE OF 18.
5. Limitation of Liability.
Some states do not allow liability to be excluded or limited. If you live in such a state, or to the extent Healers’ liability cannot otherwise be excluded or limited as set forth below, IN NO EVENT SHALL HEALERS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO HEALERS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEALERS, ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INJURY, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF PROFITS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR ANY DATE NOT SENT OR RECEIVED, ANY DATA OR MATERIAL FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SUCH, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
6. Revisions. You agree that Healers may revise the Agreement and any rules, regulations, or other agreements related to the Site or the Services from time to time, at Healers’ sole discretion. Such revisions shall become effective upon posting on the Site or providing a copy of the revised Agreement to you via the e-mail listed for your member account (the “Effective Date”). You acknowledge that it is your responsibility to review such e-mails or postings to review any revisions to the Agreement. Any changes to membership fees shall take effect thirty (30) days following the Effective Date of the revisions, unless a later date is provided for by Healers. Any changes to other fees or costs shall take immediate effect. You agree to be bound by the revised Agreement. If you do not agree to the revised Agreement, or any other revision, you may no longer access the Services.
7. Suspension; Termination. Healers may terminate this Agreement and/or suspend your access to the Site or the Services (a) upon any breach of this Agreement; (b) your failure to make any required payment; or (c) if you take any actions or make any statements that Healers deems, in its sole discretion, to be threatening, dangerous, inappropriate, or otherwise pose harm or pose a risk to Healers, the Site, or other members or participants in the Services. Sections 2, 4, 5, 8, and 9 shall survive termination of this Agreement for any reason whatsoever.
8. Indemnification. You hereby agree to indemnify, defend, and hold harmless Healers and its respective affiliates, employees, agents, representatives, successors, and assigns from any and all liability, obligation, loss, damage, injury, penalty, action, judgment, suit, claim, cost, expense or disbursement of any kind and nature which may be imposed on, incurred by or served against Healers by any person or entity relating to, arising out of, or in connection with your breach of or performance of this Agreement or any other policy, agreement, or action related to the Services including, but not limited to, the Agreement.
9. Governing Law and Jurisdiction. The internal laws of State of Minnesota govern this Agreement without regard to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). You and Healers agree that any suit, action, or proceeding with respect to any claims or disputes pertaining to this Agreement or to any matter arising out of or related to this Agreement shall be brought in the federal or state courts located in Hennepin County, Minnesota, and Healers and you each irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
10. Miscellaneous. If any provision of this Agreement is held to be unenforceable, then that provision is to be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded. If an unenforceable provision is modified or disregarded, the rest of the Agreement is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable. The failure to enforce any one provision of this Agreement shall not be construed to be a waiver of such a provision or of the right to enforce any such provision or any other provision of this Agreement. If any provision of this Agreement becomes inoperative by operation of law, the Agreement shall remain in full force and effect so long as the contractual expectations hereunder continue to be realized.