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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Terms & Conditions

Effective Date: August 1, 2020, updated on November 1, 2023

Site Covered: www.DanielleKlein.com

Persons Covered Danielle Phillips / Danielle Klein and Taylor Klein

Locations covered: Virtual sessions, in person sessions in Colorado, California and any on site locations during retreats, events, workshops, gatherings, classes, etc.

Company Covered: Colorado Spiritual LLC

THE AGREEMENT: The use of this website and services on this website provided by Danielle Klein / (Colorado Spiritual LLC) (hereinafter referred to as "Company") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

  1. a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Danielle Klein / (Colorado Spiritual LLC), Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
  2. b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
  3. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

By using the Website and being on site at the retreat location(s), You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website, participate in retreats, events, workshops, classes or any Services contained herein. By using this Website and on site retreat location, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.

4) LICENSE TO USE WEBSITE and/or MATERIALS DURING RETREAT

The Company may provide You with certain information as a result of Your use of the Website or Retreat Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a non- exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.

5) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

  1. a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website ("Your Content"). The Company claims no further proprietary rights in Your Content.
  2. b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.

6) USER OBLIGATIONS

As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

7) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.

  1. a) You further agree not to use the Website or Services:
  2. I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
  3. II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  1. IV) To perpetrate any fraud;
  2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

8) PRIVACY INFORMATION

Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

  1. a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
  2. b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
  3. c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.

I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Facebook, Instagram, Zoom, Skype, Voxer, Slack, virtual video sessions, phone calls, and other technology.

9) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

10) SALES

The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. All sales are final. No refunds, no exchanges. All sales final on sound bowl purchases and sound healing instruments, accessories, etc. Policies are adhered to by Crystal Tones® and other manufacturers and distributors. 

10a) SALES OF CRYSTAL TONES® ITEMS

Crystal Tones® has been setting the standard for alchemy crystal singing bowls since 1998. Crystal Tones® does an extensive
quality check for every bowl produced in their shop to ensure it meets their high expectations so they feel
confident in telling clients and customers that these are the best crystal singing bowls, and alchemy crystal products on the
market.
If for some reason you have a problem with your bowls, pyramids, or tuning forks, you must notify Danielle Klein within 48 hours of package delivery. If you decide to exchange your items, they must be in perfect re-selling condition, not used, no damage, play cleanly with no buzzing and must have all labels intact, there will be a 15% restocking fee, you will receive a credit to make another purchase
within 30 days, you must also pay for fully insured shipping to send the item(s) back to Crystal Tones® and also pay for the shipping of your new items to your mailing address. After 30 days no exchanges are permitted. In reference ti all of the labels must be in tact on the item(s); meaning all labels that come on the bowl: these labels cannot be removed, these labels show the authenticity number, size, note, cent and alchemy type on the item(s). Any labels removed prohibits any exchange of the bowls whatsoever.  

11) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

  1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
  2. b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

12) DATA LOSS

The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

13) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

14) SPAM POLICY

You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

15) THIRD-PARTY LINKS & CONTENT

The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.

16) MODIFICATION & VARIATION

The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

  1. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
  2. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
  3. c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

17) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

18) SERVICE INTERRUPTIONS

The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

19) TERM, TERMINATION & SUSPENSION

The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

20) NO WARRANTIES

You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.

21) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

22) GENERAL PROVISIONS:
a) LANGUAGE:
All communications made or notices given pursuant to this Agreement

shall be in the English language.

  1. b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: San Francisco, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
  2. c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: San Francisco. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
  3. d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
  4. e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  5. f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  6. g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  7. h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
  8. i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  9. j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address:.

23) PHOTO RELEASE

By signing this agreement, you grant permission to Danielle Phillips-Klein to use photographs and/or video of me taken online and in surrounding areas of in person on site events to be used in publications, news releases, online, social media, websites and in other communications related to the mission of Colorado Spiritual LLC.

23) DIGITAL ACCESS

Links, PDF’s and other information provided during the Retreat is for the paid attendee. No access is given to unpaid attendees. Do not share portal account information, retreat content, slides, PDF’s, workbooks, meditations, downloadable information, trainings, tools, recorded zoom calls or any related content or coaching information.

24) CONTENT

Danielle Phillips-Klein with www.DanielleKlein.com is NOT a medical professional.

The resources made available by and through DanielleKlein.com and during retreats, workshops, classes and other provided services are an informational resource for people seeking how to live a healthy lifestyle, create an online business and become an entrepreneur. The information contained herein and through other sources connected to via DanielleKlein.com or Colorado Spiritual LLC or Danielle Phillips-Klein is based on the personal experiences, trainings and educational schooling of Danielle Phillips-Klein, shared in the hope that it will spark inspiration and positive change in the reader. Danielle Phillips-Klein is not a medical doctor or nurse, and does not hold licenses as a nutritionist or dietician.

The owners and creators of this website assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found within or material linked to herein. We cannot guarantee the outcome of following the general recommendations and statements about potential outcomes, which are merely expressions of theory and extrapolation from anecdotal evidence, and not the result of peer-reviewed scientific study. We specifically disclaim any implied or express warranties about the information and recommendations provided herein.

I understand results are not guaranteed.

I understand and agree that I am am fully responsible for my well-being during my sessions, courses and programs, and subsequently, including my choices and decisions.

I understand that the coaching services I will be receiving from Danielle Klein are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that Danielle Klein is not acting as a mental health counsellor or a medical professional.

The information on the website, portal and social media or otherwise provided by Danielle its officers and agents, should not be interpreted as medical advice; any recommendations cannot be applied to every individual, without first undergoing a thorough, in-person examination by qualified medical personnel to assess the risks of its application. Readers are urged to consult with a medical professional prior to instituting lifestyle changes. The information provided by Danielle cannot substitute for professional medical care, whether diagnosis or treatment for any injury, deficiency, or disease.

25) WAIVER OF LIABILITY:

I understand that yoga, meditation, fitness, hiking and any movement involves some physical exertion and stretching, and I agree to take full responsibility for not exceeding my limits in the practice of any and all movement based sessions and for any injury or discomfort I might experience in this practice. I understand and accept that to properly teach and correct yoga technique, physical contact between student and instructor may be necessary. I consent to such contact and recognize that the instructor will apply any necessary contact in a professional manner.

26) CLIENT AGREEMENT/WAIVER

The guest agrees to abide by the guidelines of Danielle Phillips-Klein. The guest agrees that all use of Danielle Phillips’ – Klein’s, services and programs shall be undertaken at his/her sole risk and Danielle Phillips-Klein shall not be liable for any injuries, accidents or deaths occurring to clients arising either directly or indirectly out of utilizing Danielle Phillips’-Klein’s facilities, services and/or programs. The guest, for himself/herself and on behalf of his/her executors, administrators, heirs and assigns, does herby expressly release, discharge, waive, relinquish, and covenants not to sue Danielle Phillips-Klein, its officers and agents for such claims, demands, injuries, damages or cause of action, with respect to use of Danielle Phillips’-Klein’s facilities, programs and services. Danielle Phillips’ guest declares that they are physically able to participate in physical activity and or utilize the whirlpool and dry/wet sauna rooms, gym equipment, hot springs, etc. Furthermore, guest declares that Danielle Phillips-Klein has advised guest to obtain a medical clearance from their primary physician in the event they have medical history concerns, or they are unsure of their physical health and that guest maintains that he/she is physically capable of pursuing physical activity.


URL: www.DanielleKlein.com

The website listed above, hereinafter referred to as "Website" is operated by the following party:

Colorado Spiritual LLC, a limited liability company, organized under the laws of the state of California (hereinafter referred to as "Operator")

For any questions or comments regarding this Refund Policy, customers may visit the following link: [email protected].

No refunds are permitted on the sale of digital products. All sales are final. No refunds are permitted on the sale of services. All sales are final.

No refunds are permitted on the sale of sessions, courses, programs or bookings. All sales are final.

Testimonial Release

California & Colorado Effective Date: August 1st, 2020, updated on November 1, 2023

Name of Releasor: Retreat Attendee or Client Address of Releasor:

________

The party listed above will refer to themselves throughout this document as "the Releasor," "I," and through the use of other first-person pronouns.

I, the Releasor, hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, editing, recording, posting, copyrighting, licensing, digitization, and/or re-release of the Released Testimonial, as defined below, by the following individual, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the "Release Receiver") for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented:

I agree that this consent is realized and enforceable as of the Effective Date listed at the head of this document.

The Released Testimonial was made by the Releasor.

I shall not sue the Release Receiver, nor bring any action against the Release Receiver regarding the Release Testimonial. I hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Testimonial, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. I claim no ownership of the Released Testimonial and forego any opportunity, whether past or present, to copyright or trademark the Released Testimonial.

I give consent to the use of this Released Testimonial while knowing and understanding that my name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as my phone number.

I represent and warrant to the Release Receiver that I have the power and authority to authorize this Testimonial Release and that the Released Testimonial will not violate the intellectual property rights of any third party.

I indemnify and hold the Release Receiver harmless from any damage or cost, which may include reasonable attorneys' fees, arising from or in connection with the use of the Released Testimonial.

This Testimonial Release represents the entire understanding between the parties listed above and supersedes all previous representations, understandings or agreement. No waiver, modification or cancellation of any term or condition of this Testimonial Release shall be effective unless signed in writing by both parties.

This Testimonial Release shall be governed by the laws of California. If any part of this Testimonial Release is found to be invalid, the remainder of the Testimonial Release shall remain in full force and effect to the maximum extent permitted by law.

I am over eighteen years of age and have full legal rights and authority to consent to the terms of this Testimonial Release:

Name of Releasor: Retreat Attendee or Client

Electronic Acceptance of Releasor is completed by enrolling into Courses, Programs, Retreats and signing up for emails.

Electronic Acceptance of this document is complete by the attendee by making a payment or booking a session for any course, program, retreat, workshop, experience, class or any goods or services.

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