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Terms of Service


Thank you for using Mystical Ritual. In order to use the Mystical Ritual website, including our Instagram Feed, and related software services (“Service”) you, the “User,” must agree to the following terms and conditions (“Terms of Service”). The Terms of Service is an agreement between the User and HiSho, LLC (“Company” or “We”), a California Limited Liability Company, the owner and operator of www.amysticalritual.com.

The Service also incorporates its Privacy Policy into this agreement. The Privacy Policy is located here.

By using the Service, User agrees to comply with and be legally bound by these Terms of Service. These Terms govern Users’ access to and use of the Service and constitute a binding legal agreement between users and our website. Service reserves the right to ban any User from the Service, if the User violates the Terms of Service.

Company agrees to take reasonable steps to keep the Service secure, free of errors, and up-to-date. However, Service makes no warranty, representation, or guarantee that this is the case. We make no guarantee of any specific results from the use of our Service.

New Terms of Service do not apply retroactively, and we will post the date the Terms of Service have gone into effect.

License To Use The Service
We are pleased to grant you a non-exclusive, revocable, limited license to use the Service solely for your personal and non-commercial use. You may only use the Service in the manner intended and in compliance with these Terms of Use, as well as any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Service. You may not use the Service or any of its content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium.

By using the Website, you represent that you are not a person barred from using the Website under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Website unless expressly reserved in these Terms of Use.

Conduct
In exchange for your license to use the Service, you, the User, agree not to:
● Take actions that would or could interfere with the proper workings of the
Service
● Take any action that imposes an unreasonable load on our infrastructure, or on
our Third Party Providers. (We reserve the right to determine what’s
reasonable.)
● Run any form of auto-responder or “spam” on the services
● Use manual or automated software, devices, or other processes to "crawl" or
"spider" any of the Service’s software content
● Harvest or scrape any content from the Services
● Take apart or reverse engineer any aspect of the Service

Spiritual Information Disclaimer
EFFECTIVENESS, ACCURACY, VALIDITY, AND USEFULNESS CANNOT BE GUARANTEED. We cannot and do not guarantee that you will attain a particular result by using the Service or any products sold as part of the Service. You agree that we are not responsible for the success or failure of your business or life decisions, the increase or decrease of your finances or income level, improvement or decline of your health, or any other result of any kind that you may have as a result of purchase or use of our Service. You are solely responsible for your results.

The information on the Service is for informational purposes only and is not intended as a substitute for medical professional help, advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you have regarding your medical care.

Any testimonials or examples shown through our Service are only estimates of what might be possible for you.

Confidentiality and Use of Information
You may provide or disclose certain information to or via the Service, including information you use to register and create an account, if applicable (collectively the “ User Information ”). User Information will be stored on Company’s servers. You consent to such storage and Company’s use of User Information. You are solely responsible for User Information and hereby expressly acknowledge and agree that Company acts only as a passive conduit for such data.

You agree to provide accurate, current and complete information and to maintain and keep it accurate, current and complete at all times. You agree that Company and third-parties may rely on User Information as accurate, current and complete. If any information supplied by you are untrue, inaccurate, not current or incomplete in any respect, Company has the right to immediately terminate your use of the Service.Company may examine User Information prior to, during or following receipt and, at its sole and absolute discretion, prevent, cease or reject transmission of inappropriate or otherwise inadequate or erroneous data. Company does not guarantee that User Information will be successfully transmitted to or received by Company. User Information or other data transmitted or distributed via the Service does not reflect the views of Company and Company does not warrant the validity, reliability, accuracy, legality, suitability or current nature thereof.
More information is available in our Privacy Policy.The Service and all information and content is provided solely for the User’s personal use and not for purposes of resale, distribution, public display or performance, or any other uses in any form or manner whatsoever.

Privacy
We respect your privacy. By accessing or using the Service you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. For more information, please read our Privacy Policy which is incorporated into these Terms of Use by reference.

Advertising
The Service may feature advertising from us or other companies. We make no representation or promise about any content, goods, or services these other companies provide, even if linked to or from the Service. The Service does not endorse any linked site. We are not liable for any claim relating to any content, goods and/or services of third party advertisers.We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you.

Accounts
Upon termination of an account, Company will remove all respective User Information from Company servers. Notwithstanding the foregoing, however, Company may retain an archived copy of User Information as required by applicable law or for legitimate business purposes. Company retains the right, in its sole and absolute discretion, to prohibit use of the Service by any user, account, IP address or device for any or reason.To access and use certain features of the Service, you may be required to register and create a verified account. Company reserves the right to monitor and limit the technical aspects and features of the Service you may access and use, including without limitation, connection, metric, transfer and other parameters. Exceeding certain operational limits, as determined by Company in its sole and absolute discretion, may result in your account being restricted. Company reserves the right to charge for any aspect of the Service and revise applicable fees at any time.

Payment
The Service uses third-party provider Shopify Payments, as well as Paypal, in which each has its own set of Terms & Conditions, to process all payment information. The Service takes no responsibility for problems arising out of use of Payment Provider. Payment provider may be updated from time to time with notice.

Intellectual Property
The Service does not post user-generated content and therefore is the sole owner of all of the Service’s content, except for third-party advertising.

The Service itself including the use of distinctive brand features are protected by trademark, copyright, and other applicable laws: © HiSho, LLC, All rights reserved. You may not duplicate, copy, or reuse any portion of the code (HTML/CSS/Javascript) or visual design elements.

No Warranty
COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, COMPLETENESS OR AVAILABILITY OF THE SERVICE NOR ANY PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE BY THIRD-PARTIES VIA THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE OR ANY THIRD-PARTY PRODUCTS OR SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COMPANY DOES NOT REPRESENT OR WARRANT THAT:
● USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-
FREE OR OPERATE WITH OTHER HARDWARE, APPLICATIONS, SYSTEMS OR
DATA;
● ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
● THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED VIA THE SERVICE WILL MEET
REQUIREMENTS OR EXPECTATIONS;
● ERRORS IN THE SERVICE WILL BE CORRECTED; OR
● THE SERVICE, EQUIPMENT OR SERVER THAT MAKE THE SERVICE AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnity
USERS SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Limitation of Liability
To the fullest extent permissible by law, the Service will not be liable to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Service or the use of or reliance upon any of the Service’s content.

We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

We exercise all reasonable skill and care to ensure that the Service is free from viruses and other malware. Other than that which cannot be restricted by law, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Service.

Nothing in these Terms and Conditions excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability that cannot be excluded or restricted by law.

IN NO EVENT WILL COMPANY BE LIABLE TO ANYONE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER LOSS OF ECONOMIC ADVANTAGE OR BENEFITS. COMPANY WILL NOT BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES OR INJURIES WHICH MAY BE INCURRED DUE TO USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURIES ARISING OUT OF OR RELATING TO THE SERVICE, PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE, USE OR INABILITY TO USE THE SERVICE, RELIANCE ON COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR INFORMATION CONTAINED WITHIN THE SERVICE OR RESULTING FROM ANY RELATIONSHIP WITH THIRD-PARTY SERVICES, PRODUCTS, ADVERTISERS OR SPONSORS, EVEN IF COMPANY OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

Governing Law. This Agreement and the relationship between you and the Service shall be governed by the laws of California without regard to its conflict of law provisions. Any claim brought pursuant to this Agreement shall first be subject to the remedies provision and then the arbitration provision.

Arbitration. Any controversy or claim arising out of or relating to this Agreement or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

No Waiver of Rights. Our failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of the right or provision. We reserve all of our rights at law and equity to proceed against anyone who uses the Service illegally or improperly. All determinations by the Service under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.

No Third Party Beneficiaries. If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any other third party beneficiary rights.

Entire Agreement. This Agreement, the Privacy Policy, and any reference herein to the content of the Service’s content constitute the entire agreement between you and the Service superseding any prior agreements between you and the Service and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.

Severability. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. This invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this agreement.

This website is operated by: HiSho, LLC

Effective: 10/13/2020

Last Modified: 10/13/2020