Terms & Conditions
THIS WEBSITE IS OWNED AND OPERATED BY KIMBERLY PIERCE. THESE TERMS SET FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE OUR WEBSITE AND SERVICES AS OFFERED BY US. THIS WEBSITE OFFERS VISITORS ONLINE AND IN-PERSON ENERGY HEALING AND DIVINATION SERVICES, INCLUDING, BUT NOT LIMITED TO REIKI, CRYSTAL GRIDS, TAROT AND ORACLE CARD READINGS, AND MEDIUMSHIP. ALL SERVICES AND READINGS ARE FOR ENTERTAINMENT PURPOSES ONLY AS THEY ARE SUBJECT TO INTERPRETATION AND SHOULD NEVER BE TAKEN AS ABSOLUTE TRUTH OR A SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL, OR FINANCIAL ADVICE. BY ACCESSING OR USING THE WEBSITE OF OUR SERVICE, YOU APPROVE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
IN ORDER TO USE OUR WEBSITE AND/OR RECEIVE OUR SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE, OR OF THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, AND POSSESS THE LEGAL AUTHORITY, RIGHT AND FREEDOM TO ENTER INTO THESE TERMS AS A BINDING AGREEMENT. YOU ARE NOT ALLOWED TO USE THIS WEBSITE AND/OR RECEIVE SERVICES IF DOING SO IS PROHIBITED IN YOUR COUNTRY OR UNDER ANY LAW OR REGULATION APPLICABLE TO YOU.
WHEN BUYING AN ITEM OR SERVICE, YOU AGREE THAT: (I) YOU ARE RESPONSIBLE FOR READING THE FULL ITEM OR SERVICE LISTING BEFORE MAKING A COMMITMENT TO BUY IT: (II) YOU ENTER INTO A LEGALLY BINDING CONTRACT TO PURCHASE AN ITEM WHEN YOU COMMIT TO BUY AN ITEM AND YOU COMPLETE THE CHECK-OUT PAYMENT PROCESS.
THE PRICES WE CHARGE FOR USING OUR SERVICES / FOR OUR PRODUCTS ARE LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO CHANGE OUR PRICES FOR PRODUCTS DISPLAYED AT ANY TIME, AND TO CORRECT PRICING ERRORS THAT MAY INADVERTENTLY OCCUR. ADDITIONAL INFORMATION ABOUT PRICING AND SALES TAX IS AVAILABLE ON THE PAYMENTS PAGE.
THE FEE FOR THE SERVICES AND ANY OTHER CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, SUCH AS TAXES AND POSSIBLE TRANSACTION FEES, WILL BE CHARGED AT THE TIME OF PURCHASE TO YOUR PAYMENT METHOD.
PAYMENTS AND DEPOSITS FOR ALL SERVICES AND WORKSHOPS ARE NON-REFUNDABLE. IF YOU ARE UNABLE TO MAKE IT TO YOUR APPOINTMENT OR ATTEND A SCHEDULED EVENT, PLEASE CONTACT US AT LEAST 24 HOURS PRIOR TO THE BEGINNING OF YOUR SESSION TO RESCHEDULE. INDIVIDUAL SESSIONS ALLOW A 15-MINUTE GRACE PERIOD FROM THE START TIME BEFORE BEING CONSIDERED A NO-SHOW. NO-SHOWS AND CANCELATIONS MADE LESS THAN 24 HOURS PRIOR TO START TIME CANNOT BE RESCHEDULED. BOOKING SERVICES CONSTITUTES AGREEMENT TO ALL POLICIES.
GIFT CARDS ARE DELIVERED ELECTRONICALLY TO THE EMAIL ADDRESS PROVIDED DURING CHECK OUT. GIFT CARDS ARE NON-REFUNDABLE, HAVE NO CHASH VALUE, AND CANNOT BE REDEEMED FOR CASH. GIFT CARDS EXPIRE 3 YEARS FROM THE DATE OF PURCHASE AND ARE ONLY VALID IF SPIRIT & STONE IS STILL OPERATIONAL. KIMBERLY PIERCE IS NOT LIABLE FOR THE BALANCE OF UNREDEEMED GIFT CARDS.
WE MAY, WITHOUT PRIOR NOTICE, CHANGE THE SERVICES; STOP PROVIDING THE SERVICES OR ANY FEATURES OF THE SERVICES WE OFFER; OR CREATE LIMITS FOR THE SERVICES. WE MAY PERMANENTLY OR TEMPORARILY TERMINATE OR SUSPEND ACCESS TO THE SERVICES WITHOUT NOTICE AND LIABILITY FOR ANY REASON, OR FOR NO REASON.
THE SERVICE AND ALL MATERIALS THEREIN OR TRANSFERRED THEREBY, INCLUDING, WITHOUT LIMITATION, SOFTWARE, IMAGES, TEXT, GRAPHICS, LOGOS, PATENTS, TRADEMARKS, SERVICE MARKS, COPYRIGHTS, PHOTOGRAPHS, AUDIO, VIDEOS, MUSIC AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO, ARE THE EXCLUSIVE PROPERTY OF KIMBERLY PIERCE. EXCEPT AS EXPLICITLY PROVIDED HEREIN, NOTHING IN THESE TERMS SHALL BE DEEMED TO CREATE A LICENSE IN OR UNDER ANY SUCH INTELLECTUAL PROPERTY RIGHTS, AND YOU AGREE NOT TO SELL, LICENSE, RENT, MODIFY, DISTRIBUTE, COPY, REPRODUCE, TRANSMIT, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, ADAPT, EDIT OR CREATE DERIVATIVE WORKS THEREOF.
YOU RECOGNIZE AND AGREE THAT BY UPLOADING ANY CONTENT (INCLUDING, BUT NOT LIMITED TO DESIGNS, IMAGES, ANIMATIONS, VIDEOS, AUDIO FILES, FONTS, LOGOS, ILLUSTRATIONS, COMPOSITIONS, ARTWORKS, INTERFACES, TEXT AND LITERARY WORKS) THROUGH ANY MEANS TO THE WEBSITE, YOU CONFIRM THAT YOU OWN ALL THE RELEVANT RIGHTS OR RECEIVED THE APPROPRIATE LICENSE TO UPLOAD/TRANSFER/SEND THE CONTENT. YOU AGREE AND CONSENT THAT THE UPLOADED/TRANSFERRED CONTENT MAY BE PUBLICLY DISPLAYED AT THE WEBSITE.
WE MAY PERMANENTLY OR TEMPORARILY TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICE WITHOUT NOTICE AND LIABILITY FOR ANY REASON, INCLUDING IF IN OUR SOLE DETERMINATION YOU VIOLATE ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATIONS. YOU MAY DISCONTINUE USE AND REQUEST TO CANCEL YOUR ACCOUNT AND/OR ANY SERVICES AT ANY TIME. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, WITH RESPECT TO AUTOMATICALLY-RENEWED SUBSCRIPTIONS TO PAID SERVICES, SUCH SUBSCRIPTIONS WILL BE DISCONTINUED ONLY UPON THE EXPIRATION OF THE RESPECTIVE PERIOD FOR WHICH YOU HAVE ALREADY MADE PAYMENT.
YOU AGREE TO INDEMNIFY AND HOLD KIMBERLY PIERCE HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST THEM BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES OFFERED ON THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIMBERLY PIERCE, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE, OR FROM PURCHASING SERVICES OR GOODS, OR BY PARTICIPATING IN EVENTS HOSTED BY SPIRIT & STONES OR KIMBERLY PIERCE OR IN WHICH SPIRIT & STONES OR KIMBERLY PIERCE IS PARTICIPATING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIMBERLY PIERCE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS FROM TIME TO TIME AT OUR SOLE DISCRETION. THEREFORE, YOU SHOULD REVIEW THIS PAGE PERIODICALLY. WHEN WE CHANGE THE TERMS IN A MATERIAL MANNER, WE WILL NOTIFY YOU THAT MATERIAL CHANGES HAVE BEEN MADE TO THE TERMS. YOUR CONTINUED USE OF THE WEBSITE OR OUR SERVICE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR ANY FUTURE VERSION OF THE TERMS, DO NOT USE OR ACCESS (OR CONTINUE TO ACCESS) THE WEBSITE OR THE SERVICE.
YOU AGREE TO RECEIVE PROMOTIONAL MESSAGES AND MATERIALS FROM US, BY MAIL, EMAIL OR ANY OTHER CONTACT FORM YOU MAY PROVIDE US WITH (INCLUDING YOUR PHONE NUMBER FOR CALLS OR TEXT MESSAGES). IF YOU DON'T WANT TO RECEIVE SUCH PROMOTIONAL MATERIALS OR NOTICES – PLEASE JUST NOTIFY US AT ANY TIME.
BY SIGNING UP FOR OUR USER COMMUNITY OR CREATING A PERSONAL PROFILE, YOU ACKNOWLEDGE THAT YOU HAVE A PUBLIC PROFILE THAT IS PUBLICLY VISIBLE TO SITE VISITORS, AND THAT YOUR PUBLIC ACTIVITY (SUCH AS POSTS OR COMMENTS) WILL BE VISIBLE TO OTHER VISITORS OF THE WEBSITE. YOU CAN ALWAYS OPT-OUT AND EXIT THE COMMUNITY, AND UPON DOING SO, YOUR USER PROFILE WILL NOT BE PUBLICLY VISIBLE. IN SUCH EVENT THE USER WILL NOT BE ABLE TO USE THE COMMUNITY FEATURES (E.G. LIKING, COMMENTING OR WRITING POSTS).
THESE TERMS, THE RIGHTS AND REMEDIES PROVIDED HEREUNDER, AND ANY AND ALL CLAIMS AND DISPUTES RELATED HERETO AND/OR TO THE SERVICES, SHALL BE GOVERNED BY, CONSTRUED UNDER AND ENFORCED IN ALL RESPECTS SOLELY AND EXCLUSIVELY IN ACCORDANCE WITH THE INTERNAL SUBSTANTIVE LAWS OF NEW YORK STATE, WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES. ANY AND ALL SUCH CLAIMS AND DISPUTES SHALL BE BROUGHT IN, AND YOU HEREBY CONSENT TO THEM BEING DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN BEACON, NY. THE APPLICATION OF THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED.
IF YOU WOULD LIKE CONTACT CUSTOMER SUPPORT SERVICES OR CONTACT THE WEBSITE ADMINISTRATOR, CONTACT US AT INFO@SPIRITANDSTONES.COM OR SEND US MAIL TO: PO BOX 681, BEACON, NY 12508.
THESE TERMS ARE EFFECTIVE DECEMBER 27, 2023.