General Terms and Conditions for Services
- Applicability. These terms and conditions for services (these “Terms“) are the only terms that govern the provision of services by Green Witch LLC (“Green Witch“) to you (“Customer“), whether purchased through www.greenwitchcoven.com or a third-party payment portal. By participating in/receiving Services or visiting the website, you agree to these Terms. We may revise and update these Terms from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
- Services. Green Witch shall provide the services to Customer as described in the Order Confirmation (the “Services“) in accordance with these Terms. The Services are entertainment services only, and you should not rely upon them as advice or recommendations. The Services are provided by videoconference, and the conference link will be provided in your Order Confirmation.
- Performance Dates. Green Witch shall use reasonable efforts to meet any performance dates specified in the Order Confirmation. If you need to reschedule your appointment, you must provide advance notice to Green Witch, and Green Witch shall have discretion as to whether or not to reschedule the Services.
- Customer’s Obligations. Customer shall cooperate with Green Witch in all matters relating to the Services. If you are disrespectful, Green Witch may discontinue the Services without providing a refund. The Services are only intended for people over the age of 18, and you represent that you are over the age 18. Customer is 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 our 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.
- Green Witch reserves the right to terminate your use of the Services or any related website for violating these Terms.
- No Refunds. Green Witch does not provide refunds for Services or missed appointments.
- Fees and Expenses. In consideration of the provision of the Services by Green Witch and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Order Confirmation in advance. Fees are non-refundable.
- Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
- Intellectual Property. The Services and website including their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Green Witch, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You are hereby granted a personal license to use such materials in connection with your receipt of the Services and for non-commercial purposes only.
- Disclaimer of Warranties. THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY. THE SERVICES ARE PROVIDED “AS IS” AND GREEN WITCH MAKES NO WARRANTY OR GUARANTEE WHATSOEVER WITH RESPECT TO THE SERVICES OR THE ADVICE GIVEN. GREEN WITCH DOES NOT warrant the accuracy, completeness, or usefulness of THE SERVICES OR THE INFORMATION PROVIDED. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such INFORMATION by you or any other visitor to the Website RECEIVED THROUGH THE SERVICES. The Services are not provided by a licensed psychologist, lawyer, or health care professional Services and they do NOT replace the professional services of lawyers, psychologists, or healthcare professionals. THE SERVICES ARE NOT therapy SERVICES or medical advice. THE SERVICES ARE expressions of opinion only.
- Limitation of Liability.
IN NO EVENT SHALL GREEN WITCH BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT GREEN WITCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL GREEN WITCH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO GREEN WITCH PURSUANT TO THE APPLICABLE ORDER CONFIRMATION.
- Waiver. No waiver by Green Witch of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Green Witch. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Assignment. This agreement is an agreement for personal services to be provided by Green Witch. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Green Witch. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
- Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Oregon.
- Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Oregon in each case located in the County of Washington and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
- Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice“) shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid) or email or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
- Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Confidentiality, Governing Law, Submission to Jurisdiction, and Survival.
- Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.
- Attorney’s Fees. If any legal action or any arbitration or other proceeding is required to enforce this Agreement or results from a dispute related to the Services, Customer (you) agree to pay Services Provider’s reasonable attorney’s fees and other costs incurred in that action or proceeding, regardless of the outcome.