TERMS & CONDITIONS

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE.

Last revised: 8/21/2019

Welcome to this Impower Healing, LLC site, including but not limited to impowerhealing.com, pragmystic.com, or tabithamarsh.com. You arrived to this Terms of Use page from one of the above sites, hereafter referred to as “this website,” or “Site.” These Terms of Service (TOS) govern your use of our websites, as well as use of any product of services provided by Impower Healing, LLC (collectively “IMPOWER,” we,” “us,” or “our”) that we have owned or operated, own currently, or may own or operate in the future.  PLEASE READ THEM CAREFULLY.
WEBSITE USE AND CONSENT: You are agreeing to certain terms by accessing or using this website, whether you are a casual visitor, guest, registered user, licensee, or a member of our programs.
These Terms of Service are subject to change or modification by IMPOWER at any time, at our discretion, and without notice.  You waive any right to specific notice of such changes or modifications and your continued use of this site after changes have been made indicate your acceptance of the changes, whether you have read them or not.  Our most current Terms of Service will be available for view on this website and we recommend you consult it frequently.  If you do not agree with the Terms of Service, then please do not use or access the website. If you purchase a program, service or subscription or enter into any other agreement with us, you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict.
PRIVACY POLICY: You have read and agree with the terms of our Privacy Policy.
Please review our Privacy & Cookie Policy, to understand how IMPOWER collects, uses, and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.
INTELLECTUAL PROPERTY AND PERMITTED USES: We reserve all rights with respect to our content. Your right to use this website and any material or content appearing on it is subject to your compliance of these terms.
This website and all the materials available on or through it such as videos, coursework, lesson plans, training modules, images, software, text, graphics and images, sound or video recordings and other material (collectively referred to as the “Content”) are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of Content may violate copyright, trademark and other United States or foreign laws. The Site is provided solely for your personal noncommercial use.  You may access and display Content and all other content displayed on this website for non-commercial, personal, entertainment use on a single device (e.g. computer, mobile, or tablet). Use of Content on any other website or networked computer environment is prohibited. You may not use the Site or the Content available on the Site in a manner that constitutes an infringement of our rights or that has not been explicitly authorized by us or the owner of the material.  Specifically, you may not copy, reproduce, republish, transmit, distribute, modify, publish, participate in the transfer or sale of, create derivative works of, or in any way exploit for commercial purposes, in whole or in part, any proprietary content or material. You are permitted to print one copy of individual pages of the website for personal, non-commercial use provided that you (i) keep intact all copyright and other proprietary notices; (ii) do not modify any of the content; (iii) do not use content in a way that implies that you have an association with any of our products, services, or brands; and (iv) do not download content from the website to avoid having to view it on the website unless expressly permitted otherwise. If you share a quote via social media, we ask that your postings (i) clearly acknowledge us as the source; (ii) that you quote the material accurately and in context; and (iii) that you provide a link back to the original Site from which you sourced the information. To request permission to use material or content, please contact us using the information listed in the section called, “Contacting Us.”
PARENTAL PERMISSION / ABILITY TO ACCEPT TERMS AND CONDITIONS: You are at least 13 years of age or older (with guardian permission) to view, and 18 or older to purchase.
Use of the website is for individuals 13 and older. If you are 13 or older but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian and make sure that you and your parent or guardian understand it. Some products or services we offer may be targeted to children and young adults. However, any purchases must be made by adults who are either 18 years of age, or an emancipated minor who is fully competent to enter into the terms, conditions, obligations, affirmation, representation, and warranties set forth in these terms of conditions and who can purchase with a credit card or other permitted payment method.  We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, access certain programs or services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
MATERIAL YOU SHARE: Protect your confidential information and don’t share anything that you are not ok with us using without restrictions or compensation to you.
We encourage your emails.  At the same time, please be mindful of the kind of information you submit to us via email or other communication as we cannot assure their privacy.  In no case should you share confidential or sensitive information in these formats to us.  You also hereby warrant that any information you submit or contribute to IMPOWER though this website or other communications, is owned by you and that you have the necessary authority to submit such information; and that by doing so, you 1) retain ownership of your User Content and 2) that you simultaneously grant and assign IMPOWER a royalty-free, perpetual, unrestricted, worldwide license to display, modify, adapt, create derivative works from and otherwise use any suggestions, ideas, submissions, and information that you provide to us for any purpose including but not limited to product and content development and marketing of products or services without any compensation or attribution to you.
AUDIO/VOICE RELEASE We own all recordings, images, and audio taken of you at live events and may use them for promotion or other purposes without attribution or compensation.
Impower Healing, LLC teleseminars, webinars, Facebook live presentations or interviews, and any other live event (collectively known as “Events”) provided through or via Impower Healing, LLC may be recorded. By participation in such events, you agree you give IMPOWER the right and permission to use such recordings including your likeness and voice for the purposes of marketing, advertising, course development and the creation of course content. In addition, any photographs or video taken at said events may be used for marketing purposes. You understand and agree that all recordings are the exclusive rights of Impower Healing, LLC and you will not ask for or expect compensation for the use of recordings or photographs in which you appear or speak. Impower Healing, LLC owns all rights of any audio, video, and/or photograph captured during any of our live events including any testimonials you may give in a live format.
RESPONSIBILITY FOR YOUR OWN SECURITY / PASSWORD: You are responsible for your password and all activity under your account.
If you are provided a password to access this website, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password and are responsible for all activities (whether by you or by others) that occur under your password or account.  You agree to notify us immediately of any unauthorized use of your password or account and any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damages due to your failure to protect your password or account information.
DISCLAIMER / NO WARRANTIES: You agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS 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 AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

LIMITATION OF LIABILITY: Our liability is limited.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL IMPOWER, OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS, CONTENT PROVIDERS, AFFILIATED COMPANIES, AND CONTACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ACTUAL, PUNATIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF REVENUE OR INCOME, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS, MONETARY LOSS, EMOTIONAL DISTRESS, PERSONAL PAIN OR SUFFERING OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING BUT NOT LIMITED TO OUR MESSAGING, BLOGS, MEMBERSHIPS SITES, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES (IF ANY) DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND IMPOWER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
LIMITATION OF LIABILITY FOR HEALTH & WELLNESS CONTENT: THIS SITE OFFERS WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
The information provided in or through the IMPOWER Website, Programs, Products and Services including but not limited to online sessions, email, Zoom or similar technology, blogs, memberships websites or any other medium is not to be perceived or relied upon in any way as medical advice or mental health advice, nor does it create a physician-patient relationship in any way. IMPOWER is not providing health care, medical or nutritional therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional.  Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this site.  The use of any information provided on this site is solely at your own risk.  NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. For purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice.
INDEMNIFICATION: You are solely responsible for the material you post and will indemnify and hold IMPOWER harmless.
You agree to defend, indemnify, and hold Impower Healing, LLC, its subsidiaries, affiliated companies, licensors, content providers, employees, agents, officers, directors, distributors and contractors (hereinafter known as the “Indemnified Parties”) harmless from and against any and all liabilities, claims, demands, costs or expenses, including attorney’s fees, resulting from your misuse of this web site or from your violation of the Terms and Conditions stated herein including any previously mentioned provisions, representations or warranties, from your placement or transmission of any content onto the website and/or from any and all use of your account.
THIRD-PARTY SITES: We are not responsible for third party content, advertisements, apps, products, services, or websites.
This website contains links and pointers that may connect you to other websites maintained by third-parties. The inclusion of a link to other sites does not imply an endorsement or sponsorship of these sites, or the content, products or services offered on or through those sites. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not IMPOWER. In some cases, we may receive monetary compensation or other types of remuneration for products or services shared via links to or from affiliates and content partners.   You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites.  Neither IMPOWER nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. Whether clicking on to another site, choosing to use a product or service, or implementing any advice, the user is always responsible for making their own decisions and the results of those decisions.  Please use or implement them at your own risk.  We highly recommend that you do whatever investigation you feel is needed before proceeding with any online transaction with, or implementing the advice of, any third party.
REFUND POLICY: Your purchase of a product or service or ticket to an event may or may not provide for any refund.
Please check your specific product, service, event or course for its own refund policy.
GOVERNING LAW: This business is located in the State of Oregon and governed by its laws.
This Agreement and any action related thereto will be governed by the laws of the State of Oregon, United States of America notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Oregon in connection with any dispute between you and Impower Healing, LLC arising out of these Terms of Use or pertaining to the subject matter hereof.
BINDING ARBITRATION/ ARBITRATION OF DISPUTES: We agree to arbitrate rather than litigate in the event of a dispute.
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. NOTICE: BY USING THIS WEB SITE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.

CONTACT IMPOWER: Email is the best way to contact Tabitha.

Please send any inquires, requests or feedback to info@impowerhealing.com
Close Menu