Terms & Conditions

Last updated: June 4, 2023

seed&mind (hereafter "Company", "us", "we", or "our") owns and operates seedandmind.com (hereafter "website").

THIS PAGE INFORMS YOU OF THE TERMS OF USE AGREEMENT which governs the use of the website and all other services offered by seed&mind including but not limited to subscriptions, memberships, mobile apps, social media services, and wellness services. It is vitally important that you read this page carefully, as your use of the website and our services provided through the website automatically constitutes your agreement to be legally bound by the terms and conditions set out herein. These terms also govern your use or purchase of the products and services (hereafter "service" or "services") provided through or in connection with the website and its representatives . Each time you use our services, you acknowledge that you have read these Terms & Conditions and agree to be legally bound by them. If you do not agree to be bound by these Terms & Conditions, you may not use the website or the services provided by us through the website. You must be at least 18 years of age to use the Website.

By using the Website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

Definitions

Company is seed&mind, registered business of San Diego, CA, USA.
Website (or site) is seedandmind.com operated by seed&mind, San Diego, CA, USA.
Coaching is the service of assisting or guiding an individual to better understand their motivations and challenges regarding their personal goal(s) and helping them to make decisions on how to reach these personal goal(s). Coaching services may also include other modalities intended to supporting the Client in achieving these goals such as neurolinguistic programing (NLP), mindfulness practices, etc. as seen fit by the Coach. Coaching is not a licensed activity in the State of California or any other jurisdiction within North America at the time of this writing.
Coach refers to a helping practitioner who provides Coaching services on behalf of the company, acting as a representative thereof.
Practitioner refers to a Coach, Reiki Provider or other professional offering Wellness Services on behalf of the company, acting as a representative thereof.
User (or You) is any living individual who is using our website or Services.
Client refers to any User who has engaged in the Wellness Services provided by the Company.
Member (or Subscriber) refers to any User or Client who has subscribed to a paid or unpaid service or membership plan offered by the Company.
Service(s) refers to any and all services or products offered through or in connection with the website or the Company, including but not limited to information contained on the website, media content, products, Wellness Services, email responses and marketing materials, blogs, vlogs, videos, books, comment sections, and other written or audio-visual materials, as well as information imparted during individual Coaching sessions, Reiki sessions, or consultations.
Wellness Service(s) encompasses a range of holistic or unconventional activities that are aimed at promoting optimal well-being and supporting recipients in achieving their personal goals including but not limited to modalities such as Coaching, Reiki and other forms of energy healing, mindfulness practices, stress management techniques, and other adjunctive services focused on enhancing wellness. It is important to note that while Wellness Services are part of the overall offerings, they represent a distinct and specialized aspect of the general Services provided by the Company.
Service Agreement is a contract for service between the Company and a User including subscriptions, memberships and packaged Services.

Statement of Intent & Disclaimers

The Website and the products and services associated and offered by the Company are not intended to be a substitute for counseling, psychotherapy, conventional medical treatment, counseling, or a doctor prescription. Our Practitioners are non-licensed professionals and do not claim to offer the services of a licensed psychotherapist, mental health practitioner or medical practitioner including the diagnosis or treatment of any disease, disorder or condition. Complimentary healing arts such as Reiki, Energy Healing, and Spiritual Coaching, do not require licensing by the State of California. For further details see California Bill SB577.

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice or delay in seeking it because of something you have read on the Website.

Please call 911 immediately if you believe that you or someone you know will harm themselves. International Users contact local emergency services in your area.

OTHER RESOURCES (United States):
National Suicide Prevention Lifeline (1-800-273-8255)
National Domestic Violence Hotline (1-800-799-7233)
National Sexual Assault Hotline (1-800-656-4673)

Website Disclaimer

The information provided on our website and through our Services is for general informational purposes only. All information provided by us is given in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information provided through our Services. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR SERVICES OR RELIANCE ON ANY INFORMATION PROVIDED BY US IN ANY FORMAT. YOUR USE OF THE SITE AND OUR SERVICES AND YOUR RELIANCE ON ANY INFORMATION WE HAVE PROVIDED IS SOLELY AT YOUR OWN RISK.

External Links Disclaimer

The Website and our Wervices may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Affiliate Disclaimer

The Website and our other Services contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:

• Rakuten Affiliate Network

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn advertising fees by linking to Amazon.com and affiliated websites.

Testimonials Disclaimer

The Website and our other Services may contain testimonials by Users of our products and/or Services. These testimonials reflect the real-life experiences and opinions of such Users. However, the experiences are personal to those particular Users, and may not necessarily be representative of all Users of our products and/or Services. We do not claim, and you should not assume, that all Users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Website and other Services are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the webite verbatim as given by the Users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public. All names and images have been changed to protect the privacy of our Users unless they have given prior written consent.

The views and opinions contained in the testimonials belong solely to the individual User and do not reflect our views and opinions. We are not affiliated with Users who provide testimonials, and Users are not paid or otherwise compensated for their testimonials

Affiliate Disclaimer

General Use of Services

The information contained on the Website is for general information or entertainment purposes only and are always opinions, not guarantees that you will achieve any particular or specific result. The Company does not offer any guarantee of results for any Services provided. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, completeness availability or suitability with respect to the Website or the information, products, Services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

You must not utilize the Website to copy, publish, or send any information. That is unlawful and an illegal act under applicable law.The information contained in or made available through the website and in the associated Services cannot replace or substitute for the services of trained and licensed professionals in any field, including, but not limited to: financial, medical, psychological, or legal matters.

In particular, you should regularly consult a doctor or other licensed health care professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.

Personal Data

While using our Service(s), we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Phone number
Address, State, Province, ZIP/ Postal code, City
Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send. For more information on Personal Data see our Privacy Policy.

Non-use of Proprietary Materials

The tools, processes, strategies, materials and information presented on the Website and in our products are proprietary. By accessing the Website, our products, and/or our Services, you agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our proprietary concepts, materials, quotes, and intellectual property by you or your representatives is prohibited, and we will pursue legal action and full damages if these terms are violated in order to protect our rights.

Mature Content

The Website, and our products and Services occasionally discuss or contain mature topics and language relating to personal and professional growth. Users under the age of 18 and those who are uncomfortable with such topics or language should not use the Website or products.

Content and Copywrite

All information and material you submit to our website in the form of a comment (or post) including information you copy or send to or from the Website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.

With respect to all material and/or comments you elect to post on the Website, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights. We reserve the right to edit or remove any material posted on the Website. If you post any private material or comments that you later wish to have removed, contact us by email.

Unless otherwise stated, the Company owns the intellectual property rights for all content and material on the Website. The exception to this may be the use of stock photography. Any and all such images have been legally and lawfully acquired. By using the Website you acknowledge this and agree not to contest this in any manner, including but not limited to asking, seeking or demanding proof of purchase, acquisition and/or legal or copyright holding or information. You agree not to seek compensation in any form from the Website or the Company for images appearing or that may have previously appeared on the Website. Doing so would constitute a violation of these Terms and Conditions for which you agree to a minimum fee of $10,000 USD to cover any legal or court costs related to your infringement. This amount is payable immediately and will be considered an initial payment only which does not include any extended, ongoing or prolonged costs associated from dealing with your violation. You also agree to full responsibility for the aforementioned costs.

If you believe that any content on the Website is in copyright violation, please submit a request in writing to have it removed. This is the full extent the Website’s legal responsibility in any such matter.

These terms will be governed by and interpreted in accordance with the laws of the State of California, U.S.A. without reference to any conflict of laws provisions. Any action relating to the use of the Website, Services or your online purchase(s) must be brought in the state or federal courts located in the State of California, County of San Diego, and the parties hereby submit to the exclusive personal jurisdiction and venue of such courts. You hereby irrevocably waive the defense of an inconvenient forum to the maintenance of such action or proceeding. You may not assign, charge, sub-contract or otherwise transfer your rights or obligations under these terms, and any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising hereunder at any time. No waiver of any term contained herein, whether by conduct or otherwise, shall be effective except in a writing signed by the party to be charged with the waiver. If any provision of these terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining terms shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

Terms of Purchase

Refund Policy

Products

We do not offer refunds or exchanges for any purchased products. All sales are final. It is the customer's responsibility to review the product details, specifications, and compatibility before making a purchase. In the event of a defective or damaged product upon receipt, please contact our customer support within 10 days of delivery for assistance.

Services

No refunds will be given for Services rendered, missed appointments, or appointments cancelled with less than 24 hours notice. In the event that Services cannot be completed within the agreed-upon period due to factors beyond our control or the User's compliance, no refund will be provided. Eligible refunds will be provided to User within 45-days of termination of the Service Agreement.

Policy for Subscriptions & Memberships

The following terms and conditions apply to all Users who subscribe to a recurring Service offered by the Company. BY SUBSCRIBING TO OUR SERVICES, YOU EXPLICITLY ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE THESE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THEM.

Auto-renewal, Billing and Payments

All recurring Services Agreements are set to auto-renew at the end of each billing cycle. By subscribing or becoming a Member, you agree to allow the automatic renewal of your Service Agreement unless cancelled in accordance with the terms outlined below. The billing cycle for monthly recurring payments begins on the date of initial sign-up and recurs on the same day of each subsequent month. By providing your payment information, you authorize us to charge the applicable subscription or membership fee to the designated payment method on file. We reserve the right to modify subscription or membership fees at any time. In the event of a fee change, you will be notified in advance, and the new fee will be applicable from the next billing cycle onwards.

Cancellations & Refunds

You may cancel your monthly subscription or membership at any time by following the cancellation procedure outlined in our cancellation policy or by providing written notice to to support@seedandmind.com. Cancellation requests must be received 15 days prior to your next billing cycle to avoid being charged for the subsequent month. Failure to provide such notice shall result in the automatic renewal of the Service Agreement for the subsequent term, and the User shall be responsible for any fees or charges associated therewith. We do not provide refunds for partially used billing periods. Upon cancellation, your subscription or membership will remain active until the end of the current billing cycle, and no further charges will be incurred.

Membership Benefits

As a Member, you are entitled to the benefits associated with your chosen subscription or membership. These benefits may include access to specific content, services, discounts, or other privileges. It is your responsibility to review and understand the details of the benefits provided with your subscription or membership. Access to these benefits will be automatically suspended upon cancellation of the membership.

Early Termination of Minimum Commitment, & Termination

Certain Service Agreements feature a discounted rate contingent upon the User's agreement to maintain an active subscription or membership for a specified minimum period, as indicated during the initial enrollment process. In the event of early termination prior to the completion of the minimum commitment period, The subscriber agrees to fulfill all payment obligations promptly in accordance with the terms of the Service Agreement, whether by continuing regular installments, paying in full, or the repayment of the discount, as determined by the cancellation terms.

Upon completion of the minimum commitment period, the subscriber may terminate the Service Agreement without incurring any further payment obligations. For Service Agreements subject to auto-renewal, the subscriber must provide a minimum of 15 days advanced notice of termination prior to the next renewal date.

We reserve the right to terminate or suspend your subscription or membership at any time, with or without cause, in our sole discretion. If termination occurs, you will be notified and refunded a prorated amount for any unused portion of the current billing cycle.

Use of Wellness Services

THE FOLLOWING INFORMS YOU OF THE TERMS OF USE AGREEMENT for any Wellness Services offered by the Company and its Practitioners, as defined herein.

If you are currently under the care of a medical or mental health professional, it is your responsibility to consult with that person regarding the advisability of participating in Wellness Services. If at any time you feel the need for professional counseling or medical assistance, you agree to promptly seek an appropriately licensed professional.

In addition, participating in Wellness Services may entail risks associated with personal growth and development, including risks of mental or emotional upset, and other unforeseeable risks. By purchasing or participating in any of our Services, you freely and voluntarily assume all such risks and acknowledge and agree that you are responsible and accountable for your decisions, actions and results in life, and you agree not to attempt to hold the Website, Practitioner(s) or the Company liable for any such decisions, actions or results, at any time, under any circumstance in perpetuity.

Neither the Company nor its representatives claim to provide any professional help of any kind be it legal, medical, educational, etc. It would be inaccurate and unlawful to do so. Therefore, we cannot make any guarantees to you by law.

Any advice, services or tools provided are suggestions only with no guarantees of any particular or specific outcome. You are responsible for your own individual actions and their corresponding results. Results will vary by individual.

Confidentiality

Any information you provide to the Company and its representatives related to our Services is held in strict confidentiality and will be protected as such. This includes information provided during wellness sessions, consultations, and through emails or other forms of written, verbal and/or e-communications which are strictly confidential and will be protected as such. Information will not be shared outside of our communications unless you have given prior consent or in the event that a Court Judge demands it, however, the following are instances where I would be obligated by law to break our confidentiality agreement without your permission:

Scheduling

All sessions will be held virtually through video conferencing software (unless otherwise agreed upon) at a pre-scheduled time. The User understands it is their responsibility to call or login for the session at the scheduled time regardless of whether they receive a reminder for the scheduled session. For optimal results, sessions should be held at a regular interval as recommended by the Practitioner. All sessions will begin precisely at the scheduled time. Actual session length may vary based on factors such as he client's unique requirements, engagement level, and other individual considerations. The provision of services is contingent upon receipt of advanced payment, and individuals participating under payment plans must ensure that their payments are not overdue.

Policy for Cancellations, Late Arrivals & No-Shows

Both Parties are responsible for respecting the time reserved for Wellness Services by making every effort to hold cancellations & reschedules to a minimum.

Cancellations

In the case that either party must cancel or reschedule, every effort should be made to notify the other party as soon as possible, giving a minimum of 24 hours’ notice. If less than 24 hours’ notice is given, the session is forfeited and the client shall be responsible for the full cost of the session. In the rare case that the Practitioner must reschedule with less than 24 hours’ notice, the Client will be credited with a free session.

Late Arrivals & No-Shows

An “arrival” refers to calling-in or logging-in to scheduled phone, chat, or video sessions as well as appearing at in-person sessions. Any session time missed due to late arrival or voluntary early departure by the Client is forfeited and cannot be made up. Failure to arrive within the first 20 minutes of a scheduled session will be considered a client no-show. All no-shows are considered willful forfeiture of the session time and the Client is responsible for the full cost of the session.

Service Agreements: Continuation, Suspension, and Termination

Continuation of Services

The Member retains the option to extend their engagement in Wellness Services with the Practitioner upon the expiration of the original Service Agreement or commitment period. In such cases, the continuation of Services shall result in an automatic extension of the Terms outlined in the original Service Agreement until the Services are officially terminated or a new Service Agreement is executed.

Suspension of Services

The Member has the option to temporarily suspend Services for a maximum period of 60 days by providing written notice to the Practitioner. During the period of suspension, no charges will be incurred by the client. However, billing will automatically resume once the suspension period concludes.

Termination

Service Agreements may be canceled by Members in accordance with the Terms of Purchase outlined herein, unless there exists a written Service Agreement, in which case the provisions of the written Service Agreement shall prevail. Furthermore, it is important to note that all Services purchased must be utilized within 24 months from the date of purchase.

We reserve the right to terminate or suspend your membership at any time, with or without cause, in our sole discretion. If termination occurs, you will be notified and refunded a prorated amount for any unused portion of the current billing cycle.

Changes to the Terms & Conditions

Changes to the Terms & Conditions are effective when they are posted on this page. We may update our Terms & Conditions from time to time. We will notify you of any changes by posting the new Terms on this page. We will let you know via email and/or a prominent notice on our Website, prior to the change becoming effective and update the "effective date" at the top of this page. You are advised to review these Terms periodically for any changes.

If you have any questions about this Terms & Conditions, please contact us by visiting this page on our website: http://seedandmind.com/contact

Terms & Conditions for seed&mind