Terms of service

Member Services Agreement & Terms Of Service

IMPORTANT – BY PURCHASING AND/OR USING YOUR MEMBERSHIP IN THE CENTER’S PROGRAM YOU REPRESENT AND WARRANT THAT YOU POSSESS THE LEGAL RIGHT AND ABILITY, ON BEHALF OF EACH MEMBER LISTED ON THE ENROLLMENT APPLICATION, TO AGREE TO BE BOUND BY THIS MEMBER SERVICES AGREEMENT AND ITS AND THIS SITE’S TERMS AND CONDITIONS.

Introduction

The Center is a member-based community that exists to empower individuals to live a life of purpose and intention and offers membership in a Program that offers a structured way for magical practitioners to approach the recognition of social conditioning and the identification of one’s authentic self. The Center provides an online platform connecting members in cities worldwide.

Membership

The Center reserves the right, in its sole discretion, to reject any application for membership in the Program, in which case this Agreement shall be null and void. 

Definitions

For the purposes of these Terms of Service:
“You” means the individual accessing or using the Service.
“Bright & Dark” (referred to as either "Center", "We", "Us" or "Our" in this Agreement) refers to the Bright & Dark Shadow Work Resource Center.
“Website” or “Site” refers to brightanddark.org.
“Terms of Service” means the terms and conditions of Membership and use of this Website set out below.
“Member” means the person or company who is named on the Application for Membership form and for whom, following acceptance, the Center has agreed to provide services to, in accordance with these terms.
“Program” means the Foundations Program.
“Service” means the collective areas of the Website and the resources and services therein.
“Agreement” shall mean the Member Services Agreement for Member’s membership in the Center’s Program.

Acknowledgment

These are the Terms and Conditions governing the use of the Service and membership in the Program, and the Agreement that operates between You and the Center. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

Forum And Community Rules

We reserve the right, but are not obliged, to monitor all matter posted to the Site. We are not responsible or liable for material posted by others. We do, however, reserve the right to edit, refuse to post, or to remove matter that in our discretion is objectionable or in violation of these Membership Terms, our policies, or applicable law.

As an active member of the Program:

  • Members are to conduct themselves with integrity and honesty. Members are to uphold the Center’s mission statement.  All members will maintain a positive attitude and be sure to adhere to and encourage high cultural, intellectual, and moral standards. You acknowledge and understand that public and private behaviors should reflect the values and principles espoused by the Center.

  • Members acknowledge and understand that the Center is dedicated to creating a safe space and respects differing opinions and honors transparency. 

  • Members acknowledge and understand that in order to remain an active member of the Program, Member must pay dues monthly, and adhere to the Center’s decorum and protocol as outlined by the Founder. 

Members may not:

  • upload to or link from the Service any harmful or malicious technology, including malware, that unlawfully accesses information owned by the Center or any third party.

  • post content that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies.

  • allow another person to post from their account or on their behalf.

  • post content that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libelous, defamatory, or fraudulent.

  • dox another person, or post content that includes another person’s private or personal information, including but not limited to community forum profile information, images, personal phone numbers, email addresses, addresses, and Social Security numbers.

  • post content that the user does not have the required rights to under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

  • post spam or advertisements.

  • impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person, organization, or entity of the Center.

  • interfere with or disrupt the operation or integrity of the Service or any information, data, content, or other materials available on or through the Service.

  • access the Service in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Website.

  • authorize, permit, enable, induce, or encourage any third party to do any of the above.

  • do anything to violate the spirit of these Terms.

  • Any Member who violates the foregoing rules of the Service and/or Program may have his/her membership revoked in the sole discretion of the Center. Members understand that adhering to the guidelines of the Center and its Program guarantees that Member will remain a member in good standing and certify that Member is dedicated to the growth, betterment, and evolution of one’s authentic self.

Promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a username, password, or account.

Membership Fees And Charges

FEES. Membership fees occur monthly and payment is required upon signing (to activate membership) and each month thereafter. Member understands and agrees to pay the fees established for Membership. 

AUTOMATIC RENEWAL. All Monthly Membership plans are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft). Monthly memberships will automatically renew each month at the same payment terms and billing date established at time of enrollment.

TRANSACTIONS. If any transaction processed by the Center is returned from the Member’s bank as insufficient funds, the Center will make two (2) attempts to retrieve payment. If unsuccessful, membership status will be cancelled. A $15 fee will be charged for all insufficient funds, late payments, and returned checks.  

DISPUTES AND FRAUD. The Center is a membership-based organization in which membership status in the Program is based on an application process. Any disputes made under false pretense and fraudulent actions will result in immediate cancellation of membership and a prorated fee amount will be returned. 

CHARGEBACKS. If, at any time, we record a decline, chargeback, or other rejection of a charge of any payable Fees on your Membership (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your membership may be automatically disabled or terminated. 

Your Membership will not resume until you re-subscribe for any such Membership and pay any applicable Fees in full, including any fees and expenses incurred by the Center for each Chargeback received (including Fees for the Membership provided prior to the Chargeback, and any handling, processing charges, and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to the Center for Membership, we encourage you to first contact our Member Support before filing a Chargeback or reversal of payment.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the Member responsible for such Chargeback did in fact authorize the transaction and make use of the Service thereafter. 

Cancellations By Member

Your Membership can be canceled at any time. Membership cancellations received within seven (7) days of registration may be eligible to receive a prorated refund less a service fee. Cancellations received after the stated deadline will not be eligible for a refund. 

All Memberships require a minimum of 15 days written notice prior to the next billing date to assure cancellation of automatic payments. Cancellation requests submitted within the 15-day billing cycle will result in a final payment drawn from your account on your established auto draft date.

Cancellations should be made via your Member portal. In addition:

  • All refund requests must be made by the Member or credit card holder.

  • Refund requests must include the name of the Member and/or transaction number.

  • Refunds will be credited back to the original credit card used for payment.

Refusal, Suspension, Or Termination Of Membership By Center

We may, in our discretion, immediately restrict, suspend, or terminate your membership and access to the Site if we consider you in breach of these Membership Terms, any other Site rules, or applicable law.

We reserve the right to refuse or cancel membership in our sole discretion.

Ownership

Contents. The contents of the Site include designs, text, graphics, images, video, information, logos, button icons, software, computer code, and other Center content (collectively, “Center Content”). All Center Content and the compilation (meaning the collection, arrangement, and assembly) of all Center Content are the property of the Center or its licensors and are protected under copyright, trademark, and other laws.

Center Marks. The Center, the Center logo, and other Center logos, product, and service names or designs are or may be trademarks of the Center (the “Center Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Center Marks.

Member Content. Any data, messages, and content that you create or make available through the Service or otherwise to, and any other data, messages, or content that the Service collects from you (“Your Content”), will be owned by you. You grant to Center an irrevocable, royalty-free right and license to copy, analyze, and use Your Content for the internal purposes of improving the Service as determined by Center. Center may (but has no obligation to) review and remove any content you submit or post to the Chat Service at any time for any reason.

Modifications And Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Center. The Center has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Center shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Site or the Service provided.

These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad'.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Membership" before engaging in any business or uploading any information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Alaska and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Changes To These Terms And Conditions

We may revise these terms at any time on notice to you. Continued participation by you as a member shall be deemed acceptance by you of any revised terms and conditions.  

Contact Details; Complaints

If you have any concerns queries about these Terms or your membership or our Program, please contact us.

Disclaimer For Bright And Dark Center

All the information on this Website is published in good faith and for general information purposes only. The Center does not make any warranties about the completeness, reliability, and accuracy of this information. Any action you take upon the information you find on this Website or through your membership in the Program is strictly at your own risk. The Center will not be liable for any losses and/or damages in connection with the use of our Website or membership in the Program. 

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. CENTER DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. CENTER DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT ALL DEFECTS WILL BE CORRECTED, OR WILL MEET MEMBER’S REQUIREMENTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY APPLICATIONS OR CONTENT THAT YOU DOWNLOAD, INSTALL, ACCESS, OR USE ON OR THROUGH THE SERVICE IS DONE SO AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE RESULTING THEREFROM, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTERS, SYSTEMS, MOBILE DEVICES, OR THOSE OF YOUR USERS, OR ANY LOSS OR CORRUPTION OF DATA.

CENTER DOES NOT PROVIDE MEDICAL CARE OR PRACTICE MEDICINE OR ANY OTHER LICENSED PROFESSION.

DISCLAIMER OF LIABILITY. IN NO EVENT WILL CENTER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SERVICE; LOST REVENUES OR PROFITS; LOSS OR CORRUPTION OF DATA; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; OR SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION. IN NO EVENT SHALL CENTER BE LIABLE TO ANY PERSON FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS TERMS OF SERVICE OR THE SERVICE. TO THE FULLEST EXTENT POSSIBLE BY LAW, CENTER’S MAXIMUM LIABILITY UNDER OR ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE OR ITS SUBJECT MATTER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO SUCH LIABILITY.

Consent To Disclaimer

By using our website, you hereby consent to our disclaimer and agree to its terms.

Update

Should we update, amend or make any changes to this document, those changes will be prominently posted here.

General Terms And Conditions

Member agrees that the Center shall be, and is hereby, named as an express third-party beneficiary of this Terms of Service for the purpose of enforcing at law and at equity all terms set forth in this Terms of Service. Member will ensure that anyone with authorized access to the Service will comply with the provisions of this Terms of Service. If any provision of this Terms of Service is determined to be unenforceable, the rest of this Terms of Service will remain in full force. The delay or failure to assert a right herein or to insist upon compliance with any term or condition of this Terms of Service shall not constitute a waiver of that right or excuse a subsequent failure to perform any term or condition. Member may not assign any of the rights herein without prior written approval from the Center. This Terms of Service is the entire agreement between Member and the Center as to the subject matter. This Terms of Service may be terminated by the Center at any time if: (i) Member violates any provision of this Terms of Service; or (ii) Member’s membership in the Program terminates.