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Terms of Use
Effective Date: December 10, 2020.

1.0 Agreement to Terms of Use

These Terms and Conditions of Use, (the "Terms of Use") apply to the website at www.ishuwa.com, (the "Site"). The Site is owned and operated by Swanson Youniversal, LLC ("Company" "our" "us" or "we").

By using the Site, you are deemed to have agreed to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site, or to products and services available through the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the Site.

We reserve the right to modify these Terms of Use at any time. You are responsible for checking these Terms of Use from time to time to see if any changes have been made. By using this site after we post any changes, you agree to accept the changes whether you have reviewed them or not. As long as you comply with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site.


2.0 Restrictions on Your Use of Site Content & Services; Intellectual Property

All content on the Site and services made available through the Site (collectively, "content"), including but not limited to: channeling sessions, webinars, online events, audio and video, digital downloads, photos, images, text, logos, graphics, brandings, icons, music, software, and data compilations, is our property or the property of our licensees or licensors, and the compilation of the content on the Site is our exclusive property, protected by United States and international copyright laws.

No content on the site and no services made available through the Site may be copied, modified, reproduced, altered, downloaded, uploaded, republished, transmitted, distributed or posted in any way, or rented, sold, resold or otherwise exploited for any purpose. The one exception to this is that you may download onto a single computer, one (1) copy of any content that we clearly state is available for downloading, but you may do so only for your private, personal, home, noncommercial use, provided that: (a) you keep intact all trademark, copyright and other proprietary rights notices; (b) you do not use the content in a manner that suggests an association with any of our products, services or brands; (c) you do not modify the content; (d) you do not share such a downloadable file unless it clearly states that you may share it; and (e) no electronic version nor printout version of any part of our Site or services may be used by you in any arbitration or litigation matter under any circumstances.

Any page headers, logos, trademarks, graphics, icons, trade names, scripts and service marks (each, a "Mark") contained on the Site are proprietary to us or our licensees or licensors. Our Marks are not to be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that discredits or disparages us or anyone else. All other Marks not owned by us that are on the Site are the property of their respective owners who may or may not be connected to, affiliated with or sponsored by us. All software used on the Site is our property or the property of our software suppliers and protected by United States and international copyright laws.

This license granted to you does not include, and specifically excludes, any rights to: (a) collect and use any data, product descriptions or listings; (b) resell or make any commercial use of the Site or any content; (c) use any form of robots, data mining, or similar data gathering and extraction tools; (d) make any derivative use of the Site or content; (e) copy or download account information for the benefit of anyone else.

You may not frame or utilize framing techniques to enclose any content, Mark, or other proprietary information, or use any meta tags or any other "hidden text" utilizing any such intellectual property, without each applicable owner's express written consent. Any unauthorized use automatically terminates the license granted to you herein.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to our home page only, provided that the link does not portray us or our licensees or licensors, or their respective services or products, in a misleading, false, derogatory, or otherwise offensive matter. You may not use any of our or any such party's intellectual property as part of the link without our and each such party's express written consent.


Your Content Submissions To Us

Any content you submit to us will be subject to our Terms of Use, many of which, but not all, are noted in this section. If you do not completely accept these Terms of Use, then do not submit any content to us. You can submit ideas and suggestions, post reviews, questions, experiences and add photographs, audio and other forms of content as long as these materials are: legal, non-threatening, non-defamatory, non-invasive of privacy, not injurious to third parties, not infringing on intellectual property rights, not commercial solicitation, not political campaign related, not objectionable, not part of a chain letter, not part of a mass mailing, and are free of spam and software viruses. Do not impersonate anyone. Do not mislead as to the origin of any content you add. Do not use a false or fake Email address.

If you submit any content to us, intentionally or unintentionally, we will have the right to use it for any purpose without any permission from or payment to you or anyone else, and we will have the right to use the name you submit with the content as well as any other name by which you are known or may be known. You hereby unconditionally grant to us a perpetual, non-exclusive, fully-paid, irrevocable, royalty-free, sub-licensable and transferable universal license to use, re-use, download, copy, display, reproduce, transmit, print, distribute, re-distribute, publish, exhibit, store, index, archive, cache, host, categorize, stream, broadcast, comment on, translate, adapt, alter, modify, edit, and create derivative works based upon content you submit, by all means and in all media currently known and to be known for any purposes, without further notice to you and with or without attribution to you. You agree to these Terms of Use whether your content is used by us or is not used.

You agree that; (a) you own or control all of the rights to all content that you submit to us; (b) all such content is accurate; (c) use of such content does not violate these Terms of Use, our Privacy Policy, or the rights of any third party, and will not cause injury to anyone; (d) you will indemnify us, and our affiliates, and designees from and against all claims arising out of, resulting from, or relating to any such content.

We have the right, but not an obligation, to monitor, remove, or edit any content involving you. We have no responsibility and assume no liability for any content you submit.


3.0 Disclaimer of Warranties

The content on this Site is provided "As Is" and "As Available" without warranty or condition of any kind, either expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed 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 functions contained in any content (including, without limitation, user submitted content) will be uninterrupted or error-free, that defects will be corrected, or that the website or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software.

We make no representations or warranties regarding the use, or the results from using, any content, service, or product contained on or made available through or related in any way to our Site, including and without limitation, any third-party website or service linked to from our Site (and specifically no representation or warranty of correctness, accuracy, completeness, reliability, or safety).

Third-Party Links and Websites

We explicitly disclaim any responsibility for the accuracy, completeness, or availability of information, content, and materials found on websites that link to or from our Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third-party website that links to or from our Site, nor third-party content contained on our Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness, or reliability of, any of the information, content, or materials contained on third-party websites.

We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials; (a) contained on the Site (including, without limitation, user submitted content); (b) contained on third-party websites; (c) and any information, content and materials you provide to or through any such third-party websites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third-party.


You should be aware that when you visit our Site, you could be directed to other websites beyond our control, including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from our Site, the website to which you are directed may not be controlled by us and have different terms of use and privacy policies which you should carefully read and evaluate. 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 websites. We do not assume any responsibility or liability for the actions, products, or content of any third-party or any third-party website. We reserve the right to disable links from or to third-party websites, although we are under no obligation to do so.

Site Provided for Learning Purposes

The information contained on or made available through our Site (including but not limited to information contained in channeling sessions, live and online events, webinars, blogs, in emails, on message boards, in text files, in products, in chats, from services, in videos and audio) is provided for learning purposes. Any person attempting to utilize such information and services must rely upon his or her own judgement in determining whether, how, and in what situations to utilize the information and programs on the Site. Because you may at times read, listen to, or view materials and videos through the Site, you agree that every person's situation is different and that we are not able to determine whether the instructional materials are appropriate for you. We make no claim, guarantee, or warranty that the information or programs are effective or appropriate in any certain situation. Because each person is unique, you hereby waive any and all claims against us that relate to information contained on or made available through our Site, including but not limited to any claim for negligence, gross negligence, fraud, or misrepresentation.

Health, Medical, Financial and Other Advice Disclaimer

The Site's information and information in the products and services contained on and through it are not substitutes for the advice and treatment from trained professionals in any field such as psychology, financial, legal, and medical. Not all products and services are suited for everyone. The creators of any products and services noted herein do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed Psychologist, Financial Advisor, Attorney, Physician or other Health Care Professional. Never disregard the advice of an appropriately trained and qualified specialist, such as a Psychologist, Financial Advisor, Attorney, Physician or other Health Care Professional, or delay in seeking such advice, because of the information offered or provided within or through the Site.

Channeling Session Disclaimer

By participating in a channeling session, (including private channeling sessions, live and recorded channeling sessions, and channeling sessions for groups), you agree and accept that any information given and received is intended for educational, inspirational and spiritual growth purposes only. It is not intended to, nor should it ever, take the place of medical, legal, financial, psychological, or any other qualified professional advice, especially from those who are aware of your needs. The choices you make and the actions you take are completely your responsibility.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE SITE OR ($75) SEVENTY FIVE DOLLARS.

Release of Liability

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS NOTED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

4.0 Indemnification

You agree to indemnify, defend, and hold us and our partners, affiliates, licensors, licensees, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, product and service providers, advertisers, distributors, agents, representatives and other authorized users, and each of their respective owners, directors, officers, members, managers, employees, agents, representatives and assigns, free from any liability, claim, cost, loss, damages, expense, including legal fees and expenses, arising out of your breach of these Terms of Use.

5.0 Purchases, Payments, Refunds

By placing an order for products or services from the Site, you affirm that you are at least 18 years of age. You agree to purchase services or products through the Site only for legitimate and non-commercial purposes. You may not purchase or obtain products or services from the Site if you are prohibited from doing so by applicable law in your country.

You agree to be financially responsible for each purchase made by you or someone acting on your behalf through the Site. You agree to purchase goods or services for yourself or for another person only if you are legally permitted to do so. When making a purchase for a third-party that requires you to submit the third-party’s personal information to us or a merchant, you represent that you have obtained the express consent of the third-party to provide the third-party’s personal information.


Prices

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Posted prices may not include taxes or charges for shipping and handling. All such taxes and charges, (if applicable), will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email.

Payments

Payment must be received by us in the manner specified on the Site before our acceptance of an order. You represent and warrant that if you are purchasing something from us; (a) any credit information you supply is correct, true and complete; (b) you are duly authorized to use such credit card for the purchase; (c) charges incurred by you will be honored by your bank or credit card company; (d) you will pay the charges incurred by you at the posted prices, including any shipping, handling, and all applicable taxes; (e) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Refunds for Products and Services

The sale of goods and services purchased directly from our Site are final and non-refundable unless a refund policy for the item or service is posted on the Site at the time you purchase it. If you want a refund for a good or service that you purchased directly from our Site (not a third-party site) that has a refund notice posted with it on our Site, we will refund the purchase price provided you notify us in writing within thirty (30) days of your purchase date that you want a refund by sending us an email to our Site's 'Contact' email address. No returns of any type will be accepted without first emailing us as specified above. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

You agree to submit in writing to us any disputes regarding any charge to your account. You agree to do this within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge. If you have a charge you want to dispute, submit your written dispute using our Site's 'Contact' email address.


Purchase of Third-Party Goods and Services

You acknowledge that we do not control the products and services sold by third-party websites. We are not a party to transactions between you and such merchants. These merchants are responsible for the customer service, order processing, billing and fulfillment for you. You agree that use of or purchase from such merchants is at your sole risk with no warranties of any kind by us. All policies, legal documents and operating procedures of those merchants will apply to you while you are transacting with their websites.

Membership Payments, Membership Termination

If you select a membership service, you agree to pay us the membership fees indicated on the Site for that service. Payments for membership services are charged on the day your membership service begins and will cover the use of that service for the period indicated. You agree that monthly payments (or other periodic payments as specified on the Site at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your membership service. The amount of the recurring charge will be the then-current membership fee of the membership service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable membership fee increases, and any such increase will not occur until after you have been given thirty (30) day notice of such increase.

Your membership with us is effective until terminated by you or by us. Under these Terms of Use, your membership access may be terminated by us without any notice to you if you fail to comply with any of our Terms of Use. If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Membership service and this would result in the cancellation of any promotional programs relevant to your Membership service. You may terminate your access to our membership services by sending an email to our Site's 'Contact' email address at least ten (10) days prior to your next recurring payment in order to avoid billing of the next membership service recurring payment. Membership service fees are not prorated or refundable unless expressly stated otherwise on the Site.


6.0 Registration

We may ask you to provide certain demographic information so you may access certain features of the Site. This information may include your gender, birth year, zip code and country of residence. In addition, if you elect to sign-up for a particular feature of the Site, such as newsletters, memberships, chat rooms, blogs or vlogs, you may also be asked to register with us on the form provided with that feature, and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide accurate, current and true information about yourself as prompted by the Site's registration form. If the information provided is not true, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse current and future use of the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Registration for Membership Services

You can access our membership services by completing the applicable signup form on our Site. Your membership is not transferable and not assignable and is void where prohibited. We reserve the right and discretion to determine whether to accept a registration for membership or reject a registration with or without explanation.

7.0 User ID and Password; Use and Protection

When you complete the registration process, you will receive an email with a User ID and a Password that will allow you to access the applicable membership service you signed up for. You agree to maintain the confidentiality of your User ID and Password. Anyone that uses your User ID and Password shall be deemed to have been authorized by you to access and use the member services, and we shall have no obligation to investigate the authorization or source of any such access or use. You accept that you are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities (including financial obligations for purchases through our Site) that occur through the use of your User ID and Password.

You agree to immediately notify us of any unauthorized use of your User ID and Password or any other breach of security. You agree that our Site cannot and will not be liable for any loss or damage arising from your failure to comply with User ID and Password security as discussed herein.


8.0 Communications Electronically and in Writing

You agree that all agreements, disclosures and other communications that we provide to you on and through the Site that are done electronically will satisfy any legal requirement that such communications be in writing.

9.0 Social Conduct on Site

This Site may include social sharing tools or forums such as: blogs, text and email services, membership or public chat rooms, or vlogs for discussions and sharing ideas with others online. You and only you are responsible for what you send or post therein.

It is a condition of your use of the Site that you:
(1) Do not use the Site in any way that violates any local, state, federal, or international laws.
(2) Do not restrict or inhibit other users from enjoying their use the Site.
(3) Do not use the Site to post or transmit any information that is unlawful, indecent, defamatory, threatening, abusive, profane, libelous, obscene, vulgar, hateful, pornographic, invasive of another’s privacy, racially or ethically objectionable.
(4) Do not use the Site to impersonate an entity, or person, or misrepresent your affiliation with a person or entity.
(5) Do not use the Site to encourage others to commit illegal activities, give rise to civil liability, or cause injury or property damage.
(6) Do not interfere with or disrupt any servers or networks used to provide the Site or its features, and do not disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
(7) Do not gather email addresses or other personal information that has been posted by other users of the Site.
(8) Do not obtain nor attempt to obtain unauthorized access to the Site or any account, computer system, or network connected to this Site, and do not obtain nor attempt to obtain any materials or information through any means not intentionally made available through this Site.
(9) Do not use the Site to post or transmit information that contains any junk mail, promotional materials, pyramid schemes, unsolicited or unauthorized advertising, solicitations, chain letters, requests for donations, spam, or any other form of solicitation.
(10) Do not transmit any information that infringes on any trademark, patent, copyright, trade secret, or other proprietary rights of any person or entity.
(11) Do not transmit any information that contains private information of any third-party, including and without limitation, credit card numbers, phone numbers, addresses, email addresses, and Social Security numbers.
(12) Do not use the Site to post or transmit any information, software or other material that contains programs such as a computer virus, spyware, malware, or other harmful software components.

Any user that does not comply with these Terms of Use may be refused continued access to the Site. We may edit or remove any user created content at any time for any reason.

We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed by third-parties in the forums by Site users.

We are not responsible for any errors or omissions in such postings or in hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, our suppliers or our agents be liable for any loss or damage caused by your reliance on information obtained through these forums. While the Site has no obligation to monitor the content or postings on the Site forums, we may monitor the Site forums at our sole discretion. We reserve the right to change, edit, refuse to post content or remove posts or content for any reason. We also reserve the right to disclose such content and the circumstances of its transmission to any third-party in order to satisfy applicable law, regulation, legal process or governmental request and to protect us and our sponsors, clients, users and visitors.


10.0 Copyright Infringement Claims, DMCA

If you think a copyright infringement has been made on something you created, send the following information to our Copyright Agent:
(1) A detailed description of what it is you claim has been infringed.
(2) A specific description as to where on the Site the material is that you claim is infringing.
(3) Your full name, address, telephone number, and email address.
(4) Your physical signature.
(5) A statement by you that the current use on our Site has not been authorized by your claimed copyright owner or its agent.
(6) A statement by you, under penalty of perjury, that you are the copyright owner or you are authorized to act on the copyright owner’s behalf, and that all of the information you are providing in items (1-6) in your infringement claim is true.

Send the above information to the Copyright Agent at the address noted below:
Swanson Youniversal, LLC
Attn: Copyright Agent
1254 South Kihei Road
P.O. Box 1463
Kihei, HI 96753


11.0 Miscellaneous Legal Provisions

You agree that no partnership, agency, franchisor-franchisee, employment, or joint venture relationship exists between you and us as a result of your use of the Site or these Terms of Use.

We may change the services and content on the Site or discontinue the Site for any reason at any time.

Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of such a provision, nor of the right to enforce such a provision.

If a provision in these Terms of Use is not enforceable or not valid under applicable law, then it will be replaced by a provision that is valid and enforceable that has the closest match in intent to the original provision. All remaining provisions will remain in full force and effect.

These Terms of Use comprise the entire agreement between you and us regarding the Site and supersedes any prior agreement.


12.0 International Use of Site

We make no claims that our Site or any of its content and services are accessible or appropriate outside of the United States of America, USA, which is where our Site's operations are based. Any product or service available on the Site is void where prohibited. If you access the Site from outside the USA, you are solely responsible for complying with the relevant laws in your region.

13.0 Dispute Resolution

These Terms of Use will be governed by and construed in accordance with the laws of the State of Hawaii in the United States of America without regard to conflict of law provisions, and these Terms of Use will be treated as if they were a contract executed and performed in the State of Hawaii.

Any dispute relating to your use of our Site or our products and services, will be settled solely by confidential binding arbitration in Maui County, Hawaii, United States of America, excluding legal action taken by us to collect or recover damages for (or obtain any injunction relating to) our intellectual property, our Site operations, and our services, for which we may seek injunctive or other appropriate relief in any state or federal court in the State of Hawaii, and you agree to submit to the personal jurisdiction and venue of such courts.

Arbitration under these Terms of Use shall be conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures that were in effect when the demand for arbitration was filed. Any judgement of the arbitrator’s award shall be binding and may be entered into any court of competent jurisdiction.

Any dispute or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any dispute or claim of any other party, whether through class arbitration proceedings or otherwise.


14.0 Contact

If you have questions or comments regarding this Site's Terms of Use, content, products and services, send an email to our email address listed at this Contact Link on our webpage, or contact us at:

Swanson Youniversal, LLC
1254 South Kihei Road
P.O. Box 1463
Kihei, HI 96753
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