Terms of Service

OVERVIEW

This website is operated by Dominique Perkowski LLC. Throughout the site, the terms “we”, “us” and “our” refer to Dominique Perkowski LLC. Dominique Perkowski LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features, services or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - GENERAL CONDITIONS

We reserve the right to refuse or cancel service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services and products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 4 - CANCELLATION POLICY, PAYMENTS AND REFUNDS:

You can cancel your appointments, subscription, package or gift card at any time upon email notification or canceling it through the link in your order confirmation email. However once purchased, there will be no refunds. In certain cases, credits can be applied to a future similar service. For certain packages, you may be able to pause your plan for a designated period of time. Packages that are not reinstated after that designated period reserve the right to be canceled. 

For appointments including Meditation Mentorships, Virtual Private or Group Meditations or Virtual Breathwork Meditations, we require 24 hours notice of rescheduling a session. If a session is to be rescheduled, it must be done within a 2 week period of the original schedule date. If you arrive 10 minutes or later to the scheduled time of your appointment, it will be considered a late cancellation and no refunds will be given. 

SECTION 5 - AUTO-RENEWAL MEMBERSHIPS OR SUBSCRIPTIONS:

All subscription-based memberships on our site (www.its-theshift.com) automatically renew at the end of their terms. Unless updated, the subscription renewal date will always be 1 month after the purchase of your subscription (Example: Purchased: December 7th, Renewal Date: January 7th). The card used for the subscription purchase will be charged at the end of the term outlined in your receipt, unless it is updated prior to the renewal date. 

If you wish to cancel your account, you can do so at any time. Once your membership has been canceled, you will retain access to all paid features throughout the remainder of the term you purchased. 

If we are unable to process your renewal, your account may temporarily be suspended from access to paid features and your membership may be canceled. Your membership will remain cancelled until a valid payment method is used. 

If you have any questions or concerns regarding your purchase or subscription, please contact us at hello@its-theshift.com

SECTION 6 - SECURITY

Any passwords used for your account (“Account”) on our site is for your individual use only. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone engaging in any activity that is believed to be violative of local, state, and federal law, as well as these Terms of Service.

Notwithstanding any other provisions of these Terms of Service, you acknowledge that you shall have no ownership or other property interest in your Account or the Services and further acknowledge and expressly agree that any and all rights in your account or the services are and shall forever be owned by and inure to the benefit of the Company and/or any of its assigns.

SECTION 7 - MEMBERSHIP GUIDELINES:

The main priority and intention of the The Shift is a safe space where you can come, work on your mind through meditation and the workshops while having the opportunity to connect to others who are doing the same. As part of your membership, you will have the opportunity to be introduced to many wonderful people, partners and practitioners through group setting, group chats and events. 

As a member and within these group settings, you understand and agree that you will do your part to maintain this space, community, and group intention by: 

• Upholding The Shift’s group intention through respectful communication and behavior in group settings as well as with any conversations and sharing you do with members of the group or of people you meet through the group.

• Being aware that people are coming from different experiences, perspectives and lifestyles — and exercise respect for other member’s & partner’s of The Shift’s experiences, perspectives and lifestyles. 

• Being aware and respectful of others boundaries and right to privacy, as well as honoring and implementing our own boundaries and right to privacy. 

These guidelines apply to both the members in the group and the partners, people and practitioners you meet through the group. Those who break guidelines are at risk of having their membership suspended indefinitely. 

SECTION 8 - PROPRIETARY INFORMATION

The Content accessible from this website, and any other website owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retain all rights, title, and interest in such Content.  The Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our website, except that you may print out a copy of the Content solely for your personal non-commercial use.  Notwithstanding any other provision in these Terms of Service, you are prohibited from removing, altering, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. Your use of this website does not grant you title to or any rights to, including, but not limited to, our intellectual property.

SECTION 9 - HEALTHCARE DISCLAIMER: 

The services or workshops we provide strictly focus on meditation and holistic coaching. We are not providing professional healthcare services. We do not claim to and will not be held responsible for diagnosing, treating or curing and physical or mental health conditions. Our services do not take the place of your team of professionals. You understand that we are not acting in the capacity of a doctor, psychologist or other licensed or registered professional, and that any advice given by us is not meant to take the place of advice by these professionals.  You should never disregard medical advice or delay seeking it because of a statement you have read on our website and/or head in our services. Our website and the services should not be used in lieu of advice given by qualified medical professionals. If you have a pre-existing mental health condition or at any point start to experience signs and symptoms of mental illness, we do not recommend you start or continue this work without the supervision of a mental health professional. If you decide to take action based on the services he or she receives from us, you acknowledge that you take full responsibility for your life and well-being and all decisions made during and after the program. None of the information provided in connection with the services shall be construed to constitute medical, psychological, financial, accounting, legal or other professional advice. Should you need this advice we advise you to consult with an appropriate licensed professional. 

SECTION 10 -  ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 11 - PROHIBITED USES:

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Dominique Perkowski, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 13 - INDEMNIFICATION:

You agree to indemnify, defend and hold harmless Dominique Perkowski and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 - SEVERABILITY:

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION:

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT:

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW:

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be New York.

SECTION 18 - CHANGES TO TERMS OF SERVICE:

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION:

Questions about the Terms of Service should be sent to us at hello@its-theshift.com

Effective as of: September 14, 2023