Terms of Service

These Terms of Service (“Terms”) are a legally binding contract between Ceremonial Collective Inc. (“Be Ceremonial”, “we”, “us”) and anyone who uses or accesses Be Ceremonial’s products and services (collectively known as “Services”), as defined below. Be Ceremonial provides content, customer support, and training, accessible via our website https://www.beceremonial.com (the “Site”), our community https://village.beceremonial.com (the “Village”), and our ceremony creation process, accessible via our mobile applications and https://app.beceremonial.com (the “App”). To make these Terms easier to read, the Site, the Village, and the App will be collectively referred to as the “Services”. References to “You” means you and any persons that you represent, such as clients or patients.

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, the App, or the Village, or attending a workshop or gathering, you agree to these Terms and all other operating rules, policies and procedures that may be published from time to time on the Site by Be Ceremonial, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

The Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information and other materials or services, registered or otherwise.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THIS AGREEMENT. DO NOT ACCESS OR USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS AGREEMENT.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may modify or update the Terms at any time, at our sole discretion. If we do so, we’ll post the updated Terms in the Services or by email communication.  For notices made by e-mail, the date of receipt will be deemed the date on which such communication is transmitted. It is important that you review the Terms each time they are updated. Acceptance of the Terms will be implied by continued access to and use of the Services following an update. If you do not agree to be bound by the updated Terms, you must cease accessing or using the Services immediately.

Using the Services

Eligibility

You represent and warrant that you are 18 years of age or older, and you recognize and agree that you must be 18 years of age or older to use the Services. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to nor meant for anyone under 18 years of age.

We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing their name, address and other personal information without parental consent online.

If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

We may, in our sole discretion, refuse to offer the Services to any person for any reason. We may also change these eligibility criteria at any time, at our sole discretion. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you.

Be Ceremonial Subscription

During the Term (as defined below) and while you have an active Subscription (as defined below), You may access and use paid Services of the App and the Village.

App and Village Revisions

Because our Services are evolving over time, Be Ceremonial may change or discontinue all or any parts of the App or the Village, at any time and without notice, at our sole discretion.

Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Be Ceremonial regarding future functionality or features.

Using the App

Via the App, You can select from a variety of options to create customized ceremonies for the people You represent, including patients and clients, known as the ‘Clients’. You understand and agree that the App, and any other information you acquire from Be Ceremonial, is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the App are suitable for everyone. Do not use the App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use, and your Clients’ use, of the App.

Using the Village

You understand and agree that the Village, and any other information you acquire from Be Ceremonial or the Village community, is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described in Village are suitable for everyone. You understand and agree that you are solely responsible for your use of the Village.

Registration and Your Information

To use certain portions of the Services, you are not required to sign up for an account (“Account”). However, certain features of the Services require you to register for an Account. When you register, you must provide us with accurate and complete and keep your Account information current. Failure to do so may result in suspension or termination of your Account.  You are solely responsible for all of the activity that occurs on your Account and for keeping your Account password secure. You must notify us of any breach of security or unauthorized use of your Account.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback through the App or by emailing us at hello@beceremonial.com. You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Referrals

We sometimes offer referral programs (“Referral Program”) where you can refer a new user (“Referral”) to the App. To qualify, the Referral cannot have had a previous Account and needs to become a paying customer of the App during the time that the Referral Program is active. Any rewards for Referrals will be detailed in the Services and we reserve the right to suspend any Account that we believe is not adhering to the guidelines of the Referral Program.

Content and Content Rights

For purposes of these Terms, (a) “Content” includes, without limitation, any information, data, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services, including User Content; and (b) “User Content” means any Content that you create, add, upload, submit or post to the Services or made available for through the Services, whether publicly posted or privately transmitted. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.

Content Disclaimer

You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users, and data, information, applications, materials and other content in the App or Village, that may contain errors, be offensive, indecent, or objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Be Ceremonial may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.

Content Ownership

Be Ceremonial and its licensors exclusively own all rights, titles and interests in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, other proprietary rights and laws and other laws of Canada and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Nothing contained in the Services will be construed as granting any implication or otherwise, any license or right to use any Content displayed on the Services without the written permission of Be Ceremonial or such third party that may own the Content.

Rights and Ownership in User Content

Be Ceremonial does not claim ownership rights over User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use your User Content. If you choose to make your User Content available to our global library within the Services, you hereby grant Be Ceremonial a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual and fully-paid license to use, edit, copy, modify, truncate, aggregate, reproduce, distribute, create derivative works based upon, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other users. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform, and otherwise use the User Content you make available to our global library in connection with material provided by our business partners and you will not be entitled to any remuneration for such use. To the extent that any User Content available on our global library contains any biographical information, including your name, likeness, voice or photograph, you acknowledge and agree that this license shall apply to the same. Except where prohibited, you are waiving and agreeing not to assert any trademarks, copyrights, rights of publicity or “moral” rights or claims resulting from our alteration of any User Content available in our global library.

Be Ceremonial reserves the right to, but does not have any obligation to, (a) monitor, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason, or for no reason at all; and (b) to remove or block any Content from the Services.

Rights in Content Granted by Be Ceremonial

Subject to your compliance with these Terms, Be Ceremonial grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for you and your Clients. You are not permitted to resell the Content outside of the Services. Unless otherwise agreed upon in writing by you and Be Ceremonial, you may not use any third-party platforms, other than your own website or your own social media, to link or distribute the Content. Content originating from the App is not allowed to be distributed on any third-party platform.

Warranty Disclaimers

We have no special relationship with or fiduciary duty to you. You acknowledge that Be Ceremonial has no duty to take any action regarding (a) which users gain access to the Services; (b) what Content you access via the Services; or (c) how you may interpret or use the Content.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTRACTORS AND CONTENT PROVIDERS (COLLECTIVELY, THE “BE CEREMONIAL ENTITIES”) DO NOT REPRESENT OR WARRANT THAT:

1. THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
2. ANY DEFECTS OR ERRORS WILL BE CORRECTED;
3. ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
4. THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MIGHT NOT APPLY TO YOU.

Without limiting the generality of the above, Be Ceremonial makes no representation, warranty, condition or guarantee that:

1. the Services will be compatible with your computer and related equipment and software;
2. the Services will be available or will function without interruption or will be free of errors or that any errors will be corrected;
3. the Services will meet your requirements;
4. the information available on, through or connected with the Services will be timely, uninterrupted, sequential, and complete;
5. certain or any results may be obtained through the access to or use of the Services;
6. the access to and use of the Services will be free of viruses, trojan horses, worms or other destructive or disruptive components and will not infringe the rights (including intellectual property rights) of any person,

Be Ceremonial disclaims any and all liability regarding such matters to the fullest extent permitted by law.

IN NO EVENT WILL BE CEREMONIAL BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (C) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You are solely responsible and liable for:

1. obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Services;
2. scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and
3. maintaining a complete and current backup of all information and data in your computer system prior to accessing or using the Services.

The Internet is not a secure medium. It may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Services may be affected by numerous factors beyond our control, and may not be continuous or uninterrupted, secure or private.

We are not responsible for monitoring the Services and are not responsible or liable for any changes to the Services without our consent.

Links to Third-Party Websites or Resources

The Services and Appy may contain links to other websites, services or resources on the Internet. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify us. We will review the linked content and may, at our sole discretion, remove the link from the Services. The inclusion of any link does not imply any association between us and their operators. You further acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Indemnity

You will defend, indemnify and hold harmless the Be Ceremonial Entities from all liabilities, claims, and expenses, including the reasonable legal fees, that arise from or relate to: (a) your use or misuse of, or access to, the Services, Content, or otherwise from your User Content; (b) any violation of this User Agreement, or any infringement by you of any intellectual property or other rights of any person or entity; or (c) any third party using your Account or identity in the Services. We reserve the right to assume the exclusive defence 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 defences.

Prohibitions

As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You will not (a) take any action; or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including, without limitation any user content that:

1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity or violates any law or contractual duty;
2. you know is fraudulent, false, misleading, untruthful or inaccurate;
3. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
4. promotes discrimination, bigotry, racism, hatred, violence or actions that are harmful against any individual or group, illegal or harmful activities or substances;
5. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
6. contains software viruses, or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
7. impersonate any person or entity, including any of our employees or representatives; or
8. includes anyone’s personal data (as defined in our Privacy Policy), identification, documents or other sensitive information, without having their prior consent.

You also agree not to:

1. use, display, mirror or frame the Services or any individual element within the Services, Be Ceremonial’s name, any Be Ceremonial trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Be Ceremonial’s express written consent;
2. access, tamper with, or use non-public areas of the Services, Be Ceremonial’s computer systems, or the technical delivery systems of Be Ceremonial’s providers
3. attempt to probe, scan, or test the vulnerability of any Be Ceremonial system or network or breach any security or authentication measures;
4. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Be Ceremonial or any of Be Ceremonial’s providers or any other third party (including another user) to protect the Services;
5. attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Be Ceremonial or other generally available third party web browsers
6. use any meta tags or other hidden text or metadata utilizing a Be Ceremonial trademark, logo URL or product name without Be Ceremonial’s express written consent;
7. use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
8. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
9. attempt to decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the extent applicable laws specifically prohibit such restriction;
10. violate any applicable law or regulation; or
11. encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we reserve the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Services or Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Purchases

Fees

Be Ceremonial offers features of the Services which you can purchase on a monthly or yearly basis (a “Subscription”). A description of features associated with a Subscription is available via the Services. When you purchase a Subscription (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card, and your address(es) for billing and delivery (“Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.

The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.  If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Be Ceremonial may charge your credit card or third party payment processing account, including, but not limited to, your account on an app store or distribution platform (such as the Apple App Store or Google Play Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service providers may levy on you as well as any taxes or fees that may apply to your order.  You will receive a confirmation email after we confirm the payment for your order.

Your order is not binding on Be Ceremonial until accepted and confirmed by Be Ceremonial. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Be Ceremonial.

Be Ceremonial reserves the right to not process or cancel your order in certain circumstances, including, but not limited to, declined credit cards, if we suspect fraudulent activity, or in any other circumstances that Be Ceremonial deems appropriate in its sole discretion. Be Ceremonial also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Be Ceremonial reserves the right to not charge you or refund charges for any orders that we do not process or we unilaterally cancel.

Subscriptions Automatically Renew

All amounts are due and payable: (a) at the time you place your order, and (b) for monthly or yearly subscriptions: (i) at the beginning of the Subscription, and (ii) at the beginning of each automatic renewal period, using the Payment Information. You must cancel your monthly or yearly Subscription before the automatic renewal date to avoid being charged for the next Subscription period. If you purchase your Subscription via the App, you can cancel the renewal of your subscription at any time from within the App or by contacting us by email at hello@beceremonial.com. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

Changes to Price Terms for Subscriptions

Be Ceremonial reserves the right to change its pricing terms for Subscriptions at any time and Be Ceremonial will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Be Ceremonial’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Automatically Renew”.

Term and Termination

Term

The term of the Services (the “Term”) will commence on the Effective Date and continue until terminated by either you or Be Ceremonial.

Termination

You may terminate your access to the Services by closing your Account. If you are accessing the Services without an Account, termination of your access to the Services occurs when you close the browser containing the Services.

Be Ceremonial may terminate your access to the Services by notifying you in writing including without limitation via an email and closing your Account. Upon termination of your access to the Services, you shall cease all use of the Services.

We may terminate your access to and use any or all parts of the Services, at our sole discretion, at any time, with or without cause, effective immediately and without notice to you. This may result in the forfeiture and destruction of all information associated with your Account. If you wish to cancel your Account at any time, you can do so through the App or by sending an email to us at hello@beceremonial.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the Province of British Columbia without regard to its conflict of laws provisions.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Be Ceremonial will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Agreement to Arbitrate

You and Be Ceremonial agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (c), an “IP Protection Action”. Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Be Ceremonial with written notice of your desire to do so by email at hello@beceremonial.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Be Ceremonial with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (a) and (b) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide  Be Ceremonial with an Arbitration Opt-out Notice, will be the provincial courts located in Vancouver, British Columbia and each of the parties hereto waive any objection to jurisdiction and venue in such courts. Unless you timely provide Be Ceremonial with an Arbitration Opt-out Notice, you acknowledge and agree that you and Be Ceremonial are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Be Ceremonial otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

We each agree to negotiate your claim in good faith.

Changes

If Be Ceremonial changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to hello@beceremonial.com) within 30 days of the date such change became effective, as indicated in the “Last updated” date above or in the date of Be Ceremonial’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between You and Be Ceremonial in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Be Ceremonial and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Be Ceremonial and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the sections above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Be Ceremonial’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Be Ceremonial may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Be Ceremonial’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Be Ceremonial. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Be Ceremonial will not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failures or degradation.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery services. Electronic notices should be sent to hello@beceremonial.com.

The section and paragraph headings in these Terms are for convenience only and do not affect interpretation.

Contact Information

If you have any questions about these Terms, please contact Be Ceremonial at hello@beceremonial.com.