Website Terms of Use

These Website Terms of Use (the “User Terms”) is a binding agreement that governs the use of our website located at www.divinejourney.life, and any other related websites, applications, social media platforms, subdomains, and any content, code, data, services, products, features or functionality made available through the website (collectively, the “Site”).  The terms “Company,” “we,” “our” and “us” as used throughout these User Terms refer to Divine Journey Ventures, LLC, and the terms “you” and “your” shall refer to any person using the Site.

BY USING THE SITE OR ANY INDIVIDUAL PART OF THE SITE, YOU (A) ACCEPT AND AGREE TO THESE USER TERMS AND (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT.  IF YOU DO NOT AGREE TO THESE USER TERMS, YOU MAY NOT ACCESS OR USE THE SITE. 

IMPORTANT: PLEASE READ THESE USER TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND THE COMPANY. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE SITE. ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

  1. ACCESS TO THE SITE

 Access

Access to the Site is permitted on a temporary basis.  Please note that access to the Site is subject to your device’s compliance with our minimum standard technical specifications and compatibility.  We are not responsible for any failure of the Site which arises from incompatibility with your device (including, without limitation, minimum storage and memory requirements from time to time).

Right to Withdraw Access

In the event you breach these User Terms we reserve the right to limit, suspend or terminate your access to the Site, taking any technical measures necessary for that purpose. We further reserve the right to withdraw, vary or suspend the Site, or any part thereof, at any time for any reason with or without notice.

  1. RELATIONSHIP AND RELIANCE ON SITE CONTENT

 The materials and content on the Site are for informational and educational purposes only. Your use of the Site does not create a contractual or legal relationship between you and the Company.  The information and materials posted on the Site are not intended as advice and should not be relied upon as such. We therefore disclaim all liability and responsibility arising from any reliance placed on such information to the fullest extent permissible by all applicable laws. 

  1. COMMUNICATIONS WITH US 

By contacting us through any means made available through the Site, including through email, contact forms or via chatbot, you consent to our use of electronic methods, such as e-mail or other communications services, to respond and/or communicate with you. 

  1. INTELLECTUAL PROPERTY RIGHTS 

Copyright Ownership

 The Site and all original content sold or made available through the Site is the property of the Company and is protected by the copyright laws of the United States and other jurisdictions. Copying or misuse of any part of the Site for any purpose is strictly prohibited.  Likewise, inclusion of any part of the Site in another work, whether in print, electronic format or any other form, and inclusion of any part of the Site in another website by linking, framing or otherwise, are expressly prohibited.  A violation of this provision constitutes copyright infringement and a violation of U.S. law, which can result in criminal and civil penalties.

Trademark Rights

 Our trademarks, service marks, logos and all other indicia of our identity and/or brand, including DIVINE JOURNEY, DIVINE JOURNEY BY MIO, RESILIENCE SELF-LOVE PROGRAM, DIVINE MASTERY PROGRAM, REBIRTH RETREAT (collectively, the “Marks”), belong exclusively to the Company. The Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under state, national and international trademark laws. The use or misuse of the Marks is expressly prohibited and nothing stated or implied on the Site confers on you any license or right under the Marks or the trademarks of any third party. A violation of this provision constitutes trademark infringement and a violation of U.S. law, which can result in legal penalties.

  1. USE RESTRICTIONS

 Use Restrictions

You agree you will not:

  1. use the Site for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Site;
  1. copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software underlying the Site or any portion thereof;
  1. obtain or attempt to obtain unauthorized access to the Site, any portion thereof, or any servers or devices on which the Site or any related data or information is stored; 
  1. infringe any copyright, trademark, trade secret, patent or other right of any person, or defame, or invade the publicity or the privacy rights of any person, living or deceased, or impersonate any person;
  1. use the Site to engage in any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  1. link to materials or other content, directly or indirectly, to which you do not have a right to link; and/or
  1. otherwise violate, or encourage anyone to violate, these User Terms or any ancillary terms and conditions listed on the Site.

Our Legal Recourse 

You agree that a breach of the Use Restrictions set forth above will result in immediate and irreparable injury and harm to us, and that we shall have, in addition to any and all remedies of law and other consequences under these User Terms, the right to an injunction, specific performance or other equitable relief to prevent the violation. You further acknowledge that the above restrictions will survive the termination of these User Terms or your access to the Site for any reason.

  1. USER GENERATED CONTENT 

License to Use Your Submissions

The Site may contain interactive features that allow users to post, submit, publish, display, or transmit content or other materials on or through the Site, including reviews, comments and testimonials (collectively, “Submissions”).  By providing a Submission on the Site, you grant us and our affiliates and service providers the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and otherwise disclose to third parties the Submission for our business purposes, and to publish your name in connection therewith.  You represent and warrant that you own or control all rights in and to your Submission(s) and have the right to grant the license granted above. 

Obligations Regarding Submissions

Any Submissions you post to the Site will be considered non-confidential and non-proprietary. No compensation will be paid with respect to the use of your Submission.  We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.  You agree that you, and not the Company, have full responsibility for the content of your Submissions, including their legality, reliability, accuracy, and appropriateness and agree to abide by the Submission Content Standards below. 

Submission Content Standards

Submissions must not:    

  1. contain any material that is deceptive, defamatory, obscene, abusive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  1. promote sexually explicit or pornographic material, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or illegal activity;
  1. infringe the intellectual property or violate the legal rights (including the rights of publicity and privacy) of others;
  1. impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
  1. give the impression that the content emanates from or is endorsed by us or any other person or entity if this is not the case.

 

  1. ACCOUNT INFORMATION 

Your Registration Information

In the course of your use of the Site, you may be asked to register or otherwise provide certain personalized information to create a username and password (“Registration Information”) in order to access certain areas of the Site, services or products.  Our information collection and use policies with respect to the privacy of such Registration Information are set forth in our Privacy Policy which is incorporated herein by reference for all purposes.  

Your Responsibilities Concerning Your Personal Information

You represent and warrant that (i) all required Registration Information you submit is truthful, accurate, complete and correct; (ii) the information you provide does not impersonate or otherwise misrepresent your association or affiliation with any person, organization or entity; and (iii) you will maintain the accuracy and completeness of such information. 

You are responsible for maintaining the confidentiality of your password and username and for restricting access to your devices and information so others may not gain unauthorized access to the Site using your Registration Information.  You are responsible for all activities that occur under your Registration Information and you agree to immediately notify us of any unauthorized or suspected unauthorized use of your Registration Information.  We are not liable for any loss or damage arising from your failure to comply with the above requirements. 

  1. SUBSCRIPTION SERVICES AGREEMENT 

To the extent a subscription service is offered through the Site, the following terms apply:

 Monthly Subscriptions

If you subscribe to the Site on a monthly subscription basis, you must pay the monthly fee in advance to access and use the Site. The first monthly fee will start to accrue as of the first day immediately following any trial period (if applicable). All amounts are quoted in and payable in US dollars.  We reserve the right to suspend your access to and use of the Site if you fail to pay any undisputed amount owed on or before its due date. You may cancel your subscription at any time by providing written notice to us at: info@miosantana.com.  Upon cancellation, you will not receive a refund for the billing period during which you cancel your subscription and will be able to access your subscription until the end of said billing period.  

License to Use

Upon your purchase of a subscription service from the Site, we hereby grant to you a non-exclusive, non-transferable right for personal use of the service, products, and documentation offered under the subscription services (the “Services”).  You may use the Services for your personal use only and may not use the Services for any commercial purposes or allow any other person to use or access your subscription. 

You further agree that you will not:

  1. except as may be allowed by applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under these User Terms, (i) attempt to or actually copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; or (ii) attempt to or actually reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software generating the Services;
  1. access all or any part of the Site in order to build a product or service which competes with the Site or the Services; and/or
  1. license, sell, rent, lease, transfer, assign, distribute, display, disclose, commercially exploit, or otherwise make the Services available to any third party.

You acknowledge and agree that the Site is provided under a limited license to use the Site on a subscription basis and not sold to you. You do not acquire any ownership interest in the Site, or any other rights thereto other than to use the Site in accordance with these User Terms. 

  1. ONLINE PURCHASES

 By purchasing any products or services made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. By submitting such information, you grant us the right to provide such information to third parties for the purpose of facilitating the Transaction.  Verification of information may be required prior to the acknowledgment or completion of any Transaction.  YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the goods or services ordered will be used only in a lawful manner and in accordance with these User Terms. We reserve the right, with or without prior notice, in our sole discretion, to do any one or more of the following: (i) limit the available quantity of or discontinue any goods or service; (ii) bar you from making or completing any or all Transaction(s); and (iii) refuse to provide any you with any product or service.

  1. REFUNDS

 Once a purchase has been made you will not be able to cancel your purchase, and no refunds will be issued by us.  In the event of a cancellation, a credit toward future workshops, products or other services may be provided depending on program availability.

  1. THIRD-PARTY MATERIALS & WEBSITES

Third-party Materials

The Site may display, include or make available third-party content (including data, information, applications and other products, services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). Third-Party Materials and links thereto are provided solely as a convenience to you and your access, use and any business dealings with them are entirely at your own risk and subject to such third parties’ terms and conditions. We are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. 

Linked Sites

Additionally, you may be able to link from the Site to third-party websites and third-party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, transmissions or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by our affiliates. The inclusion of any link to such Linked Sites on our Site does not imply our endorsement, sponsorship, or recommendation of that website. We cannot guarantee the standards of any website to which links are provided on the Site.  We do not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of any third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

  1. UPDATES TO THE SITE 

We may from time to time in our sole discretion develop and provide Site updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features, including related materials (collectively, “Updates“). Updates may also modify or delete in their entirety certain features, products, services or functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features, products, services or functionality. All Updates will be deemed part of the Site and subject to these User Terms.

  1. PRIVACY & SECURITY

Your Privacy Rights

We view the protection of your privacy as an important responsibility. Personal information and personally identifiable information (together, “PII”) and other information collected on or in connection with the Site will be used and processed as described in our Privacy Policy.  By using the Site, you consent to the collection and use of your PII by us as described herein and in the Privacy Policy.

 Security of the Site

Although we strive to maintain a safe and secure website and to prevent the introduction of viruses or other malicious code (collectively, “Malicious Code”) to the Site, we do not guarantee or warrant that the Site, or any data available therein, is free from Malicious code.  We also do not guarantee that the Site is free from the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your device or on the Site.  You are responsible for ensuring that the process you use for accessing the Site does not expose your device to the risk of interference or damage from Malicious Code.  We will not be liable for any damages or harm attributable to Malicious Code or which you may sustain as a result of any unauthorized access or alteration to your device or the Site.  All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of the Site.

  1. AGE LIMITATION

 The Site is not intended for use by persons under the age of 13. We do not knowingly collect information from visitors under the age of 13 and in the event that we learn that a person under the age of 13 has provided us with PII, we will take all reasonable steps to delete such PII.

  1. MODIFICATION OF TERMS OF USE

 We may change the User Terms from time to time, without notice to you, by posting such changes on the Site. Changes in the User Terms are effective as of the date posted at the bottom of this page and your continued use of the Site, or any products or services made available on the Site after any changes to the User Terms are posted will be considered acceptance by you of those changes. 

  1. DISCLAIMER OF WARRANTIES 

THE SITE IS PROVIDED “AS IS,“ WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WE PROVIDE NO WARRANTY OR UNDERTAKING AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SITES, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

WE DO NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE OR ON ANY THIRD-PARTY SITES THAT MAY BE ACCESSED BY A LINK FROM THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE OR ON ANY THIRD-PARTY SITE THAT MAY BE ACCESSED BY A LINK FROM THE SITE. 

  1. LIMITATION OF LIABILITY 

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PART THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE AGREED TO BY US IN WRITING, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES OFFERED BY US. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED US $50 FOR ANY CLAIM ARISING FROM YOUR USE OF THIS SITE.

  1. DISPUTE RESOLUTION & GOVERNING LAW

Notice of Dispute

We hope that we can work out any dispute that we may have with you respectfully and amicably.  If you have any concerns or complaints about the Site or the services or products made available through the Site, you agree to first provide us written notice describing the facts and circumstances of your dispute and allow us 30 days from the receipt of the notice in which to respond or resolve the dispute. 

Mandatory Binding Arbitration

Except with respect to any claims relating to our rights under Section 5 (Use Restrictions & Our Rights), you and the Company agree that any dispute not resolved by the above notice dispute resolution procedure shall be determined not in a court of law, but instead by arbitration in the United States, in the state of Florida and the county of Miami-Dade, which shall be administered by the American Arbitration Association (“AAA”) in accordance with their Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against us is frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse us for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs.

PLEASE NOTE THAT ARBITRATION MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION (INCLUDING DISCOVERY AND APPEAL RIGHTS).

Governing Law

Except where otherwise required by mandatory law, these User Terms as well as our Privacy Policy shall be governed by and interpreted, constructed, and enforced in accordance with the laws of the state of Florida. 

Venue & JurisdictionNotwithstanding the foregoing, we may bring an immediate court action with respect to our rights under Section 5 (Use Restrictions & Our Rights) in the federal or state courts sitting in Miami-Dade County, Florida.  Such courts shall have personal jurisdiction over you and you waive all objections to such venue and the personal jurisdiction of such courts.

  1. ENTIRE AGREEMENT 

These User Terms and our Privacy Policy constitute the entire agreement between you and Company with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.


Last updated: March 1, 2024