TERMS OF USE

Last Revised: July 17, 2021

Welcome to Refreshful Designs LLC's Terms & Conditions ("TERMS OF USE"). Kim Zeigler (Owner/Reiki Practitioner/Graphic Designer) truly believes that you were divinely guided to discover the Refreshful Designs brand, content, and its services. The purpose of Refreshful Designs, LLC is to offer content, products, and services intended to support people along their journey of self-awareness, personal growth, and to raise the vibration of love on Earth.

To read each topic of the TERMS OF USE, either scroll through or click on the links below:

In addition to reviewing the TERMS OF USE, the USER also acknowledges that they have read the HEALTHCARE DISCLAIMER and PRIVACY POLICY.

Introduction & Legal Agreement

INTRODUCTION & LEGAL AGREEMENT

Please read these TERMS OF USE carefully before using this WEBSITE (located at https://www.refreshfuldesigns.com). If you have any questions about these Terms, please CONTACT the Refreshful Designs' owner and founder Kim Zeigler by e-mail at kim@refreshfuldesigns.com.

Below are important legal terms that apply to anyone who visits the WEBSITE, and purchases/uses it products and/or services. These TERMS OF USE are necessary in order to protect both the USER ("you" personally and, if applicable, "you" collectively on behalf of the entity for whom you are using the WEBSITE) and the COMPANY ("Refreshful Designs, LLC", "Refreshful Designs", "Kim Zeigler", "Kim", "I", "Me", "She"), and to make the services

possible and more enjoyable for everyone.

The COMPANY owns and operates this WEBSITE, its content, products, services, technologies and applications. These TERMS OF USE

constitute a legally binding agreement made by and between the COMPANY and the USER of this WEBSITE. By accessing and using any part of this WEBSITE, social media pages (@refreshfuldesigns), and/or purchasing products and services; you agree that you have read, understood, and agree to be bound by these terms, which contain liability limitations.

These TERMS OF USE may be modified at any time. Each time the USER visits or logs into the COMPANY'S WEBSITE, they reaffirm their acceptance of these TERMS OF USE. The USER is responsible for regularly reviewing the COMPANY's TERMS OF USE.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

User Account

USER ACCOUNT

In order to access and use certain sections and features of the COMPANY's WEBSITE, the USER may need to first register and create an account ("User Account" containing "User Content") with the COMPANY.

When the USER registers with the COMPANY and/or this WEBSITE, they expressly consent to receive any notices, appointment reminders, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the COMPANY. The USER consents to receive notices electronically by way of transmitting the notice to them by e-mail.

The USER agrees to provide accurate and complete information when registering their User Account and using the COMPANY's Services, to which they are the sole and exclusive rights holder. The COMPANY strongly encourages the USER to provide their own contact and billing details, including their valid e-mail address, as the COMPANY may use it to identify and determine the actual and true owner of the User Account and/or User Content (such as the USER's name, mailing and/or e-mail address, demographic information such as the USER's age and gender, and personal preference information such as the USER's preferred software and interests) submitted to the COMPANY.

If anyone other than the USER accesses their User Account and/or any of their User Platforms’ settings, they may perform any actions available to them (unless as specifically stated otherwise on the COMPANY's Services), make changes to their User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on the USER's behalf and in their name. Therefore, the COMPANY strongly encourage the USER to keep the log-in credentials of their User Account confidential, and allow such access only to people they trust - as the USER will be solely and fully responsible for all activities that occur under their User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by the USER, and for any damages, expenses or losses that may result from such activities.

In case of a dispute on User Account ownership, the COMPANY reserves the right to determine ownership to a User Account based on its reasonable judgment, whether or not an independent investigation has been conducted by the COMPANY. However, if the COMPANY cannot make such determination (as it may deem in its sole discretion), the COMPANY reserves the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to the USER or to any other party. The COMPANY may request documentation (e.g. government-issued ID, a business license) that may assist it in determining ownership.

User Obligations

USER OBLIGATIONS

The USER represent and warrant that they are at least 13 years of age and that their User Content is true, current, accurate, complete, and non-infringing upon any third party rights.

The USER agrees and undertakes to fully comply with all applicable laws and any other contractual terms which govern their use of the COMPANY's WEBSITE, content, products, and services (and any related interaction or transaction).

By scheduling SERVICES offered by the COMPANY, the USER agrees to receive appointment reminder messages and materials by mail, e-mail or any other form of contact that the USER provides the COMPANY with (including the USER's phone number for calls or text messages). If the USER does not wish to receive such notices please CONTACT the COMPANY's owner, Kim by e-mail at kim@refreshfuldesigns.com.

The USER understands that they are responsible for creation, storage, and backup of their data and records. These Terms and any registration for or subsequent use of the WEBSITE content, products, and services will not be construed as creating any responsibility on the COMPANY's part to store, backup, retain, or grant access to any USER information or data for any period.

In addition, the USER agrees and undertakes NOT to:

Submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of the COMPANY or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.
Collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable.
Upload, insert, collect or otherwise make available within the COMPANY's WEBSITE, content, products, services, or social media, any malicious, unlawful, defamatory or obscene content.

Payment & Appointment Policies

PAYMENT & APPOINTMENT POLICIES

PAYMENT POLOCY

The COMPANY requires payment for Reiki SERVICES (including "In-Person Reiki Session", "Distant Reiki Session", and "Distant Reiki Sample") in advance, at the time that the USER schedules their appointment. The USER understands that the COMPANY requires payment for SERVICES in advance, not only to pay for the service; but to also function as the USER's appointment reservation, and to represent the USER's respect and accountability of both the USER's and the COMPANY's time commitments and personal planning needs, and to confirm the USER's intention to begin the process of the reiki energy healing session (as believed by the COMPANY's Reiki practice philosophy).

The COMPANY accepts the following forms of payments from all major credit cards: Visa, Mastercard, Discover, AMEX, Diners, CUP, JCB and Maestro. The COMPANY also accepts these payments through PaypPal.

24-HOUR APPOINTMENT RESCHEDULING & CANCELLATION POLICY

The COMPANY has a 24 hour appointment rescheduling and cancellation policy that applies to all SERVICES.

The USER may reschedule or cancel an appointment under the following terms:

The USER must contact the COMPANY by phone/text 419-279-0997 or email kim@refreshfuldesigns.com. The date and time stamp that is automatically recorded by the form of communication will hold as the official time reference. If the COMPANY cannot be reached by phone at the time of the USERs call, the USER must leave a voice message or text to request the USERs rescheduling or cancellations needs for it to be considered valid.

APPOINTMENT RESCHEDULING POLICY Any appointment that the USER needs to reschedule must be rescheduled at least 24 hours prior to the original scheduled appointment time. The rescheduled appointment must be for the same service and cost of the original appointment. The USER will not experience any payment penalty for rescheduling under these terms.

APPOINTMENT CANCELLATION POLICY Any appointment that the USER needs to cancel must be cancelled at least 24 hours prior to the original scheduled appointment time for the USER to be issued a full refund. If an appointment is cancelled less than 24 hours in advance, the USER will receive a company credit of the full amount originally paid. The USER must use the company credit within 30 days. If the credit is not used within 30 days, no refund with be issued back to the USER and the payment will be absorbed by the COMPANY.

LATE ARRIVAL POLICY If the USER arrives more than 5 minutes late to a scheduled appointment, it will reduce the length of the appointment accordingly. If the USER is more than 15 minutes late for a scheduled appointment, the USER may forfeit the reservation. Additionally, if the USER arrives late to a scheduled appointment the USER is responsible for the full price of the original scheduled service.

INVOICES

The COMPANY and/or its affiliated companies will issue an invoice or credit memo for any payment of service or refund made to the COMPANY. Each Invoice will be issued in electronic form and will be made available to the USER via their User Account and/or by e-mail. For the purpose of issuing the Invoice, the USER is required to supply the COMPANY with an accurate and current e-mail, (or if necessary, their mailing address).

THE USER'S INTELLECTUAL PROPERTY

As between the COMPANY and the USER, the USER shall own all intellectual property pertaining to their User Content.

The COMPANY respects the copyright, trademark and all other intellectual property rights of others. If the USER believes that their intellectual property rights are being violated and/or that any work belonging to the USER has been reproduced on the WEBSITE or in any content in any way, you may CONTACT the COMPANY owner Kim by e-mail at kim@refreshfuldesigns.com. The USER needs to provide their name and contact information, the nature of their work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information they believe is relevant.

USER COMMENTS & SUGGESTIONS

If the USER provides the COMPANY with any comments or suggestions (including, but not limited to, notes, text, drawings, images, designs or computer programs), relating to the COMPANY content, products, and services, such submissions shall become, and shall remain, the sole property of the COMPANY. No submission shall be subject to any obligation of confidence on the part of the COMPANY. The COMPANY shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to the USER. By providing such feedback to the COMPANY, the USER acknowledges and agrees that it may be used by the COMPANY in order to further develop, promote, customize and improve, and monitor the COMPANY's content, products, and services. In addition, the USER represents and warrants that such feedback is accurate, complete, and does not infringe on any third party rights.

THE COMPANY'S INTELLECTUAL PROPERTY

The COMPANY's products, services, and content (including all text, photographs, images, graphics, shared ideas, educational materials, video and audio), within the WEBSITE (and social media platforms) is protected by copyright unless otherwise noted (and/or the COMPANY has legally purchased and used, as authorized, such as but not limited to, stock photos). The USER agrees that no such materials may be used except as provided in these TERMS OF USE.

The USER agrees that the WEBSITE itself, as well as all content, products, and services, made available on the WEBSITE by the COMPANY or other third parties, as well as the "look and feel" of all of the foregoing, are maintained for their personal use and information; and are the property of the COMPANY and/or its third-party providers. Subject to the USER's compliance with these TERMS OF USE, the COMPANY hereby grants the USER a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the WEBSITE solely for the USER's personal purposes.

The USER understands that no COMPANY content, products, services, branding, and/or watermarks may be copied, reproduced, republished, modified, removed, altered, adapted, uploaded, reverse engineered, emulated, migrated to another service, translated, compiled, decompiled, disassembled, posted, transmitted, distributed, used for public or commercial purposes, download, or create derivative works of in any way unless written permission is expressly granted by the COMPANY. Modification of the COMPANY's content or use of the content for any other purpose is a violation of the copyright and other proprietary rights of the COMPANY, as well as other possible authors who created the materials, and may be subject to monetary damages and penalties.

Any unauthorized use of the COMPANY's content, products, and services may violate the copyright, trademark, and other proprietary rights of the COMPANY and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the WEBSITE shall be construed as granting, by implication or otherwise, any license or right to use any proprietary information without the express written consent of the COMPANY or third party owner.

The COMPANY has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these TERMS OF USE.

Privacy

PRIVACY

Please read the COMPANY's PRIVACY POLICY by clicking the link or visiting http://www.refreshfuldesigns.com/privacypolicy, to learn how the COMPANY collects, uses, and shares personal information of the USER.

Third-Party Services

THIRD-PARTY SERVICES

The COMPANY WEBSITE may contain links to third-party websites. In addition, the WEBSITE may contain information and content provided by third parties. The COMPANY has no obligation to monitor or endorse third-parties and are not liable for any third-party content. The COMPANY is not responsible for the content on any linked site or any link contained in a linked site. The COMPANY does not endorse or accept any responsibility for the content on such third-party sites. Third parties may offer their services directly to you through the COMPANY WEBSITE. In such case, the USER may be required to agree to the third party’s terms of service and/or privacy policy to use the service. The COMPANY is not liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

The COMPANY will not intentionally disclose any personally identifying information about the USER to third parties, except where the COMPANY, in good faith, believes such disclosure is necessary to comply with the law or enforce these TERMS OF USE. By using the COMPANY's WEBSITE, the USER signifies their acceptance of the COMPANY's PRIVACY POLICY.

The COMPANY shall use commercially reasonable efforts to restrict unauthorized access to its data and files. However no system whether or not password protected can be entirely impenetrable. The USER acknowledges that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files the USER stores using the WEBSITE. Use of the COMPANY's WEBSITE is completely at the USER's own risk.

The COMPANY shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, the USER's web service provider, payment services, the USER's software and/or any update or upgrades to that software). Any such problem shall be governed solely by the agreement between the USER and that provider. The COMPANY reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The COMPANY also reserves the right to limit the USER's use of the WEBSITE should the COMPANY determine that the USER has violated the TERMS OF USE.

Disclaimer of Warranties

DISCLAIMER OF WARRANTIES

The USER's use of the COMPANY's WEBSITE content, products, and service is subject to certain disclaimers; and are provided "as available" and "as is", to the fullest extent permitted by law, with no representations or warranties of any kind, either expressed or implied. While the COMPANY uses reasonable efforts to include accurate and up-to-date information in its content, the COMPANY makes no warranties or representations as to its accuracy. The COMPANY assumes no liability or responsibility for any errors or omissions in the content of the WEBSITE. The COMPANY disclaims to the fullest extent permitted by law all warranties, expressed, implied, and statutory. This provision is not intended to disclaim liability that the COMPANY may not disclaim under applicable law.

The USER's use of the WEBSITE is at their own risk. The COMPANY does not represent or warrant that the WEBSITE, services or communications sent to the USER will be uninterrupted, error-free, secure, free of viruses or other harmful code, or that all information will be accurate and complete. The USER agrees that their use of the WEBSITE shall be at their sole risk and that they will be solely responsible for any damage to their hardware or loss of data that results from the download of COMPANY material or data.

The COMPANY makes no representation, warranty, guarantee or promise that its contents, products, or services will meet the USER's requirements or achieve any particular results or expectations. The COMPANY does not warrant that the use of its contents, products, or services will be uninterrupted or error-free, that defects will be corrected, or are free from bugs, viruses, or other harmful components. The USER understands the inherent hazards of electronic distribution, delays, omissions or inaccuracies in such content containing various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by the COMPANY or by third-parties. Accordingly, such content is for the USER's reference only and should not be relied upon for any purpose.

The COMPANY does not warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the WEBSITE or any website featured or linked to through the WEBSITE. In addition, the COMPANY is not in any way responsible for monitoring any transaction between the USER and third-party providers of products or services. Furthermore, the COMPANY is not liable for the offensive or illegal conduct of any third-party.

Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Thus some of the above exclusions may not apply to the USER depending on their state or nation of residence.

Limitaion of Liability

LIMITATION OF LIABILITY

In no event, to the fullest extent permitted by applicable law, will the COMPANY (collectively "Refreshful Designs, LLC" for purposes of this section) be liable for any indirect, incidental, special, consequential or punitive damages resulting from the performance, use of, or the inability to use the WEBSITE content, products, or services, even if the COMPANY has been advised of the possibility of such damages, whether in an action in contract, tort (including negligence), strict liability, violation of statute or otherwise. The COMPANY is not liable for the cost of services, loss of revenue, or loss of good will. The USER assumes all responsibility for the cost of all necessary repairs or corrections. In any event, the COMPANY's aggregate liability will not exceed the amount paid for the product(s) and/or service(s) to which the claim relates or, if the claim does not relate to a service, $100. This provision is not intended to exclude liability that the COMPANY may not exclude under applicable law.

Please note that the applicable jurisdiction may not allow limitations on the duration of implied warranties or limitations on or exclusions of consequential or incidental damages. Thus some of the above limitations may not apply to the USER depending on their state or nation of residence.

Indemnity

INDEMNITY

The USER agrees to defend, indemnify and hold harmless the COMPANY, its affiliates and their respective directors, officers, employees, and agents (the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, and expenses (including attorney's fees) incurred in connect with any third-party claim brought or asserted against any of the Indemnifies Parties arising out of or relating to:

The USER's breach of this Agreement.
Any violation by the USER of law or the rights of any third party.
Any materials, information, works and/or other content of whatever nature or media that the USER posts or shares on or through the WEBSITE.
The USER's use of the WEBSITE or any services that the COMPANY may provide via the WEBSITE.
The USER's conduct in connection with the WEBSITE content, products, and services or with other users of the WEBSITE or services.

The COMPANY reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this Section. The USER may not settle any such claim without the COMPANY's written consent. In such event, the USER shall provide the COMPANY with such cooperation as is reasonably requested by the COMPANY.