Copyright © 2020 Texas Pine Productions LLC, All rights reserved. Last Updated: December 30, 2020
Texas Pine Productions LLC (“Texas
Pine Productions” or “Colleen McMillian”) provides music, music
instruction, audio production, psychic arts and coaching services.
Pine Productions’ websites, mobile applications, and services.
ACCEPTANCE OF TERMS
USE OF THE SITE AND SERVICES
FOR ENTERTAINMENT ONLY
THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE SERVICE. ALL PURCHASES USING CREDIT CARDS, DEBIT CARDS, PAYPAL ACCOUNT, OR OTHER PAYMENT MECHANISM SHALL ONLY BE MADE BY THE CARD OR ACCOUNT HOLDER. WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR SERVICE; HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH OUR SITES. The information provided by Colleen McMillian is provided “as is” without any representations or warranties, express or implied. Colleen makes no representations or warranties in relation to the information provided on this Site or provided through services.
Privacy and Terms Statement
This Privacy and Terms Statement governs the use of the services offered by Colleen McMillian,@soundheals.love and Texas Pine Productions LLC (the “Company”) at the Company’s website (www.soundheals.love) (the “Site”), These Terms of Service include:
● Your agreement that the Service is provided “as is” and without warranty.
● Your agreement that the Company has no liability regarding the Service;
● Your consent to release the Company from liability based on any and all claims;
● Your agreement to indemnify the Company from claims due to your use or inability to use the Service;
● Your consent that either party has the right to compel arbitration[CC2] ; and
● Your consent that no claims can be adjudicated on a class basis.
Service Only The Service is a platform for enabling connections between Users for the fulfillment of services, but Texas Pine Productions is not responsible for the performance, integrity, responsibility or any of the actions or omissions whatsoever of any Users. The Company makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of the information requested and provided, whether in public, private, or offline interactions
Opinion Only Texas Pine Productions does not warrant that:
● The information on the Site will be constantly available, or available at all; or
● The information on this Site is complete, true, accurate, up-to-date, or non-misleading. You must not rely on the information on this Site as an alternative to legal advice from your attorney or other professional legal services provider. Any advice received from the Service should not be construed as medical advice or opinion. This service is not a healthcare or counseling service and should not be viewed or used as such. If you have any concerns regarding your mental or physical well-being you should contact a healthcare professional immediately.
E-mail and Phone YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR E-MAIL, PHONE NUMBER AND ALL APPLICABLE CONTACT INFORMATION AND SELF IDENTIFYING DETAILS FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR SERVICE.
2. Use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
4. Reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Colleen McMillian and Texas Pine Productions LLC, which consent may be withheld in our sole discretion;
5. Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
6. Harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Colleen McMillian or Texas Pine Productions LLC, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7. Knowingly provide or submit false or misleading information;
8. Use the Sites and Services if you are under the age of eighteen (18);
9. Take any action that would undermine the review and rating process under the Sites and Services;
10. Attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
11. Use the Sites and Services in any way that could interfere with the rights of Colleen McMillian, Texas Pine Productions LLC, or the rights of other users of the Sites and Services;
12. Attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Colleen McMillian or Texas Pine Productions LLC by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
14. Transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
15. Access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
16. Probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Colleen McMillian or Texas Pine Productions LLC, including any account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Colleen McMillian or Texas Pine Productions LLC and provided for by the Sites and Services.
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Texas Pine Productions with true, accurate, current and complete information as prompted by the registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
1. You grant to Texas Pine Productions LLC a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works. In the case of original works of art, music or other creative endeavors, this license will be limited to the terms agreed upon when you agree to share the work with Texas Pine Productions LLC or on the Sites or Services;
2. You grant to Texas Pine Productions LLC all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
3. You grant to Texas Pine Productions LLC all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
4. Your name and report information may be made available to the public;
7. You are solely responsible for your reviews and ratings;
8. Colleen McMillian and/or Texas Pine Productions LLC may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
9. You will not submit any reviews that may be considered by Colleen McMillian to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
10. All of your reviews and ratings will either be based upon (i) your actual first-hand experiences with the Service you are reviewing or (ii) as provided below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby you have the legal authority to disclose such health information and experience of such individual; 11. All of your reviews and ratings will be accurate, honest, truthful, and complete in all respects;
12. You do not work for, own any interest in or serve on the board of directors of, Texas Pine Productions LLC for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage) to Colleen McMillian or any of the Service Providers with which she partners, for which you submit reviews or ratings;
13. You have not received any form of compensation to post reviews and ratings;
14. You will submit thorough and thoughtful reviews of the Services you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
15. You will not submit reviews that comment on other users or the reviews of other users;
16. You will not submit reviews with hyperlinks; and
17. The reviews and ratings that you provide do not reflect the views of Texas Pine Productions LLC, its officers, managers, owners, employees, agents, designees or other users.
PUBLICATION AND DISTRIBUTION OF CONTENT
TERMINATION OF ACCESS
TRADEMARKS AND COPYRIGHTS
Texas Pine Productions, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Texas Pine Productions in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Texas Pine Productions and/or its licensors and are protected by all United States and international copyright laws.
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; 5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and 6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Texas Pine Productions will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Texas Pine Productions is not responsible for any delays, failures or other damage resulting from such problems.
Texas Pine Productions appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property Texas Pine Productions. In addition, none of the Submissions will be subject to any obligations of confidentiality and Texas Pine Productions will not be liable for any future use or disclosure of such Submissions.
Warranties and Disclaimers
You acknowledge that Texas Pine Productions has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Texas Pine Productions from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Texas Pine Productions makes no representations concerning any content contained in or accessed through the Sites and Services, and Texas Pine Productions will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Texas Pine Productions makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER TEXAS PINE PRODUCTIONS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF TEXAS PINE PRODUCTIONS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL TEXAS PINE PRODUCTIONS, OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL TEXAS PINE PRODUCTIONS, OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES. ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEXAS PINE PRODUCTIONS OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, TEXAS PINE PRODUCTIONS DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. 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, TEXAS PINE PRODUCTIONS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TEXAS PINE PRODUCTIONS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TEXAS PINE PRODUCTIONS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Texas Pine Productions has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Texas Pine Productions from all liability for you having acquired or not acquired Content through the Sites and Services. Texas Pine Productions makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Texas Pine Productions will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. The Sites and Services may display links to other Internet sites or resources. Because Texas Pine Productions has no control over such sites and resources, you acknowledge and agree that Texas Pine Productions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Texas Pine Productions 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 such site or resource.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEXAS PINE PRODUCTIONS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TEXAS PINE PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY ARTISTS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY TEXAS PINE PRODUCTIONS, OR THE FAILURE OF TEXAS PINE PRODUCTIONS, TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TEXAS PINE PRODUCTIONS CONTRACTS WITH A THIRD PARTY TO PROCESS PAYMENTS THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR TEXAS PINE PRODUCTIONS, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF TEXAS PINE PRODUCTIONS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TEXAS PINE PRODUCTIONS. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF TEXAS PINE PRODUCTIONS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY TEXAS PINE PRODUCTIONS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT TEXAS PINE PRODUCTIONS SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at email@example.com. We will address any issue to the best of our abilities.