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SOMATIC ARCHAEOLOGY© TERMS & CONDITIONS

Please read these Terms & Conditions carefully before consuming or enrolling in any Somatic Archaeology© Materials, Offers, Classes, Courses, or Services (hereinafter “Services”). By enrolling in, or engaging with, any Somatic Archaeology© Services provided by Somatic Archaeology© (“SA©,” “we,” “our,” or “us”), you are agreeing to be bound by these Terms & Conditions (the “Terms”). The term “you” refers to any enrollee and participant in any of our Services.
 

By enrolling in, or engaging with, any Services, you accept and agree to these Terms, and you are required to act in accordance with them, whether or not you have read them. If you do not want to agree to these Terms, you must not enroll in any of our Services or engage with any of our Content or Materials.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in any Somatic Archaeology© Services, you are waiving certain legal rights and you are voluntarily agreeing to do so.

Additionally, please review the terms of our Privacy Policy (the “Privacy Policy”) for how your information is stored and used.

Master Classes.

Sunrise Somatics™ is 22 weeks in lengths with 110 class hours. LIVE online Trainings via Zoom once a month from 9AM-5PM MST/MDT (11:00am - 7:00pm EST/EDT) each session, and LIVE online Support Calls via Zoom once a month from 10:00am - 12:00pm MST/MDT (12:00pm - 2:00pm EST/EDT) each session. 

Sunset Somatics™ is 22 weeks in lengths with 110 class hours. LIVE online Trainings via Zoom once a month from 9AM-5PM MST/MDT (11:00am - 7:00pm EST/EDT) each session, and LIVE online Support Calls via Zoom once a month from 10:00am - 12:00pm MST/MDT (12:00pm - 2:00pm EST/EDT) each session.

 

*The hours listed above are approximate, include breaks, and may vary slightly from class to class or session to session. All sessions are intended to be recorded for review or in case participants can’t attend live; however, we encourage live attendance for best experience and do not guarantee recordings will always be available. 

 

After completing Sunrise Somatics™, participants will receive a certificate of completion which makes them eligible for Sunset Somatics™. And after completing Sunset Somatics™, participants will receive a certificate of completion as a certified Somatic Archaeology© Practitioner.

 

Your enrollment or completion of our Services does not in any way authorize you to practice as a mental healthcare practitioner, counselor, psychologist, marriage and family therapist, social worker, or any other healthcare profession. Our Services do NOT train you to be a licensed healthcare professional. Instead, they are intended to be used in conjunction with other state-licensed fields of practice. A certificate of completion does not confer a degree and is unaccredited, though it may be used at the discretion of the individual practitioner to promote their practice. Somatic Archaeology© makes no claims or warranties regarding the legality of any practitioner utilizing the methods taught in the Services in any state or country. Some participants may not be able to utilize the methods taught in the Services because it may not be within the scope within their particular jurisdiction(s). Participants are solely responsible for knowing their scope of practice and staying within it.

Payment Policies.

All Services require a full, non-refundable payment or the first installment of an Installment Plan, in order to reserve a spot and hold your place in the Services.


For each Master Class you have two payment options.
 

• Option 1: Pay in full upfront and receive a discount.

• Option 2: Pay in installments. If you choose the installments, you'll be charged an additional financing fee, that will be distributed over the various installments.


If you choose the installment plan, the first installment payment is due before the commencement of the first class session, and the remaining payments will be charged monthly until the total balance has been paid in full.

Once you register or enroll, you must make all payments. There are no opt-outs or refunds.

Sunrise Somatics™:
 

• Installment Plan (4 payments of $600/mo): $2,400

• Pay in full upfront (made in one payment): $2,200

Sunset Somatics™:

• Installment Plan (4 payments of $600/mo): $2,400

• Pay in full upfront (made in one payment): $2,200

Somatic Archaeology© Practicum:

• Pay in full upfront: ($600)


By purchasing any Services, you agree that Somatic Archaeology© is authorized to share any payment information required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services) such as Stripe, Square, and others, and you give Somatic Archaeology© permission to automatically charge your credit card for all charges due as payment for the Services without any additional authorization or notification to you.

If your credit card is declined and you fail to provide a valid card within two (2) business days of email notification, you will lose access to the Services until payment is made, but you will still remain fully responsible for the full cost of the Services and all remaining payments if you are making payments in an installment plan.

We reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections’ agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections’ agency.

No Refund Policy.

Due to the depth and detail of the Services and the number of applicants for each Services, once you enroll, there are no refunds of any deposits, installments, or payments, and no exceptions will be made. Once you enroll, you are solely responsible for any and all remaining payments for the Services.

If you fail to make a payment in a timely manner, in accordance with these Terms, or if you voluntarily decide to withdraw from a Service, for any reason whatsoever, in which you are enrolled at any time, you will remain fully responsible for the full cost of the Service.
 

Since there is a clear and explicit No Refund Policy in these Terms that you agree to prior to enrolling in the Courses, Somatic Archaeology© does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. If a chargeback is placed on a purchase or Somatic Archaeology© receives a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.

Medical Disclaimer: Information and Education Only; No Medical Advice

Somatic Archaeology© Services are for informational and educational purposes only and are not to be perceived as, or relied upon, in any way as medical advice or mental health advice. The information provided through our Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can or should be provided by an individual’s personal physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietician or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard any licensed medical advice or delay seeking professional advice because of the information shared in our Services. Somatic Archaeology© is not providing medical or mental health therapy services or attempting to diagnose, treat, prevent or cure, in any manner whatsoever, any physical, mental or emotional ailment, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. We are providing information and education to practitioners about evidence-based trauma modalities.
 

The use of any information presented in one of our Services is solely at the participant’s own risk. In no case is Somatic Archaeology© or its owners, managers, employees or agents responsible or liable for any participant’s use or misuse of the information presented. 

Legal and Financial Disclaimer: No Legal or Financial Advice.

The Somatic Archaeology© Services are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Services is not intended to be a substitute for professional advice that can or should be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You should consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation and your own contracts for your business. We may provide templates of documents you may choose to use, but you alone are responsible for ensuring they are legal and effective for your practice and location. You are responsible for consulting with your own attorney about any legalities. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Services. You are solely responsible for your results.

No Guarantees of Results or Earnings

Your participation in the Somatic Archaeology© Services does not guarantee any success with your practice, business, earnings, or otherwise. You acknowledge that there are no guarantees related to your participation in any Somatic Archaeology© Services. You acknowledge that we have not, and do not, make any promises or representations, expressed or implied, as to the health, physical, mental, emotional, or spiritual, benefits, future income or earnings, or potential profitability of any kind that may be derived as a result of your participation in our Services. We cannot, and do not, guarantee that you will attain any particular result, positive or negative, financial or otherwise, through the use of our Services. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your choices and results.

Intellectual Property Rights.

• Ownership of Services Content and Somatic Archaeology©’s Limited License to You

The Somatic Archaeology© Services, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e- handouts and slides, and any other similar materials and all other information and intellectual property that you receive as part of the Somatic Archaeology© Services as well as the look and feel of all of the foregoing (collectively, the “Course Content”) are the property of, and solely owned by, Howling At The Moon Productions™ and Somatic Archaeology© or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted (hereinafter “Owners”), and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Course Content as well as this Agreement.

When you enroll in our Services or view or access any Course Content, Somatic Archaeology© is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Course Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use to enhance your skills and education, and NOT for you to re-sell or re-use for your commercial interests.

You are NOT permitted to share any Course Content with your friends, family, colleagues, or any other person. If they would like access to the Course Content, they must purchase their own access to the Services separately.

This means that when you enroll in our Services, you may watch, listen to, download and/or print Course Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Services or Course Content with any other third party, or on any public site or forum, or use any Course Content for commercial purposes or as your own. For avoidance of doubt, this means you may NOT adapt or represent any part of the Course Content in any way as if it is yours or created by you and you may not reprint or republish any part of the Services and Course Content for publication or compilation into your own products.

Furthermore, you may not hypertext, frame or inline link to any part of the Services or Course Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Course Content.

Any trademarks and logos displayed in the Services and Course Content are trademarks belonging to the Owners unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the express written permission of the Owners.

All rights not expressly granted in this Agreement or any express written license, are reserved by the Owners.

• Unauthorized Use and Infringement of Course Content

You understand and agree that your use of the Course Content other than as expressly authorized in this Agreement is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense, and the Owners reserves the right to prosecute for theft and to enforce our rights to the full extent of the law. 

In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of ten (10) times the total fees owed for the Services, in addition to any legal or equitable remedies the Owners may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.     

You agree that any violation, or threatened violation, by you of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to the Owners that may not be adequately compensated by damages, entitling the Owners to obtain injunctive relief, without bond, in addition to all legal remedies.

Your Conduct in the Services and Community Forum Guidelines

Somatic Archaeology© strives to create a safe space for all participants in our Services. You agree to keep all information you learn about other participants and any discussions confidential except if required by law. In other words, discussions as part of the Services are to be held in strict confidence and cannot be shared, referred to or mentioned outside of the Services.
 

Additionally, you agree to be respectful of all participants. Comments designed to harass, bully, or otherwise make other participants feel poorly will not be tolerated. You may not communicate or submit any content or material that is harassing in nature, rude, racist, abusive, vulgar, threatening, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others.
 

Our Services may include a Community Forum for participants to support one another and share their experiences as they go through the Services. Please note that Somatic Archaeology© does not monitor the Community Forum, or any posts, comments, or material submitted by participants at all times. The views and comments of any participants on the Community Forum do not necessarily reflect those of Somatic Archaeology© and may not be appropriate or correct. Somatic Archaeology© is not responsible for, and specifically disclaims, any and all liability arising from or relating to your use of any information posted on the Community Forum by other participants. Somatic Archaeology© also reserves the right to delete any comments in the Community Forum at our sole discretion.
 

You are not permitted to use the Community Forum to solicit business from or collect data from other group members (including their names and contact information). You may not copy, screenshot, or share posts from participants on the Community Forum with anyone or on any other site at any time.

Confidentiality and Privacy Policy

Personal information you voluntarily share as part of your participation in the Community Forum is done at your own risk. Somatic Archaeology© cannot guarantee your privacy for what you voluntarily share, and Somatic Archaeology© is not responsible for any unauthorized use by others of such information that you voluntarily share.
 

When you apply for, enroll in, and purchase access to our Services, Somatic Archaeology© will collect personal data and information including but not limited to your name, e-mail address, physical address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information (hereinafter “Confidential Information”). By providing such Confidential Information to Somatic Archaeology©, you grant Somatic Archaeology© permission to use and store such information. In turn, Somatic Archaeology© will use best efforts to keep your Confidential Information safe, secure, and confidential in accordance with these Terms and the Privacy Policy.

However, due to the nature of the Internet, no data transmission over the Internet can be guaranteed to be completely secure. As a result, Somatic Archaeology© cannot ensure or warrant the security of your Confidential Information or of any other data or information you transmit via the Internet. By transmitting any Confidential Information, data or other information to Somatic Archaeology©, you accept and acknowledge that you do so at your own risk. Somatic Archaeology© has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but Somatic Archaeology© makes no assurances about the ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
 

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that Somatic Archaeology© may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms and the Privacy Policy, (2) if required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either Somatic Archaeology©, (5) to protect and defend its rights or property or those of other users or purchasers of the Program, (6) to enforce these Terms, and/or (7) to act as immediately necessary in order to protect the personal safety of other users, purchasers, or the public.
 

• No Warranties

SOMATIC ARCHAEOLOGY© MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF OUR SERVICES. YOU AGREE THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SERVICES.
 

• Limitation of Liability and Release of Claims

Our Services are for informational and educational purposes only. The use of any information presented is solely at the participant’s own risk. In no case is Somatic Archaeology© responsible or liable for any participant’s use or misuse of the information presented or any harm to any third party or claim made by any third party relating to any participant’s use of any information in the Services.
 

To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Services, including, without limitation, any liability for any accidents, delays, injuries, harm, loss, damage, death, monetary loss, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.
 

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services, or on those affiliated with us in any way.


BY ENROLLING IN ANY SERVICES, YOU, ON BEHALF OF YOUR REPRESENTATIVES, HEIRS, NEXT OF KIN, SUCCESSORS AND ASSIGNS AGREE TO RELEASE SOMATIC ARCHAEOLOGY© AND THE OWNERS, MANAGERS, EMPLOYEES AND AGENTS (THE “SA© RELEASEES”) OF ANY AND ALL LIABILITY FOR ANY CLAIMS OR LOSS THAT YOU OR ANY PERSON ASSOCIATED WITH YOU MAY SUFFER OR INCUR IN ANY WAY RELATING TO OUR SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OR MISUSE OF INFORMATION OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN ANY WAY, CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

Governing Law and Dispute Resolution

This Agreement is governed by, and construed in accordance with, the laws of the State of COLORADO regardless of the location, circumstances, conditions, or conflict of laws principles or jurisdiction.

It is hoped that you will have no dispute with Somatic Archaeology©. However, should a dispute arise between you and Somatic Archaeology©, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Somatic Archaeology© with your reasons for dissatisfaction via e-mail at info@somaticarchaeology.com in a good faith attempt to resolve any dispute prior to seeking legal action.
 

However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is a refund of your payment(s) made to purchase the Services as of the date of such dispute. You agree that NO other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in Denver County, in the State of Colorado, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
 

By enrolling in any Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to Somatic Archaeology©, referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Services or this Agreement.

Users Outside of the United States

Somatic Archaeology©, provides the Services from offices in the United States. Somatic Archaeology©, does not represent that the materials are appropriate or available for use in other locations. People who choose to access the Services from other countries do so on their own initiative and are responsible for compliance with local laws as applicable.
 

• Termination of Access to Services

Somatic Archaeology©, reserves the right in our sole discretion to refuse or terminate your access to the Services, in full or in part, at any time if you breach the terms of this Agreement, or for any reason we deem worthy. In such case, you will still owe the full amount of for the Services.
 

• Miscellaneous.

These Terms are binding upon you and your successors, heirs and assigns. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, and such unenforceable provision shall be modified or removed to the extent necessary to render it unenforceable and preserve the remainder of the Terms. These Terms constitute all the terms relating to the Services provided by Somatic Archaeology© and supersede all other oral or written representations, understandings and agreements relating to the Services.
 

Contact and Questions: If you have any questions about any term of these Terms, please contact The Somatic Archaeology© Team at info@somaticarchaeology.com before enrolling.

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