TERMS AND CONDITIONS
Effective Date: June 2, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE ETERNAL PRESENT PLATFORM (DEFINED BELOW). NOTE THAT THESE TERMS AND CONDITIONS INCLUDE ADDITIONAL TERMS AND CONDITIONS THAT ARE INCORPORATED HEREIN BY REFERENCE BELOW.
ETERNAL PRESENT ("ET”) SELLS ITS PRODUCTS (DEFINED BELOW) FROM ITS ETERNAL-PRESNET.COM WEBSITE, SOCIAL MEDIA PRESENCE, MOBILE APP, OR ONE OF ET’S OTHER PRODUCTS, ALL OF WHICH COMPRISE ET’S PLATFORM (“PLATFORM”).
ET IS WILLING TO SELL PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS (“TERMS”) WHICH COMPRISE A LEGALLY ENFORCEABLE CONTRACT. ET MAY REVISE THESE WITHOUT NOTICE BY POSTING REVISED TERMS AND CONDITIONS ON ITS PLATFORM. THE TERMS AND CONDITIONS POSTED ON THE PLATFORM AT THE TIME YOU PLACE YOUR ORDER ON THE PLATFORM WILL GOVERN THAT PURCHASE.
2. Parties. The parties to these Terms are you ("you", "your", and "yourself"), and ET ("we", "us", and "our").
3. Eligibility. To place an order on the Platform, you must (i) be a consumer purchasing for your own internal use, and not a reseller, and (ii) at least 13 years old. We provide Products (defined below) for live events to children under age 13 provided that (i) the purchaser is your parent or legal guardian (not you), and (ii) your parent or guardian signs our COPPA Parental Consent Form prior to the event, and (ii) accompanies you to the event.
4. Purchase of Licensed Products.
4.1 Our products include (i) digital content downloads (if applicable), and/or (ii) access to the specific services, content, and products that we make available for purchase via the Platform ("Products"). WHEN YOU PLACE AN ORDER, PLEASE UNDERSTAND THAT YOU ARE PURCHASING A LICENSE FOR THE PRODUCTS, NOT THE PRODUCTS THEMSELVES.
4.2 To place an order, you need an e-mail address, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of our Eternal-Present.com website. When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when we send you an email confirming your order (“Order Confirmation”). At this point a contract, containing these Terms, is created and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms and the relevant Order Confirmation for future reference. If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order.
4.3 We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
your billing information is not correct or not verifiable;
your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
your bank transfer payment is not received within 12 calendar days after acceptance of your order;
we believe that you are a reseller;
there was an error in the price displayed on the Platform;
due to a Force Majeure event (see below);
download difficulties (where applicable),
or in the event of misspelling, pricing or other errors or mistakes in the Platform information.
4.4 When you submit your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
4.5 Subject to these Terms, we hereby grant to you a fully-paid, non-exclusive limited copyright license to download (if applicable), and use the Products that under Contract only for your own personal use and not for any commercial use or other purpose. Products are limited for access and use on a one-per-household basis, unless specified for use only by you. You may not display, publish, perform publicly, copy or duplicate in whole or in part, modify, or create derivative works based on the Products. You may not (i) transfer, assign, resell, or sublicense the Products, or (ii) "frame" or "mirror" the Products on any other server or Internet-enabled device. You are not authorized to use our Products or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion. Except for the above limited rights, all other rights are reserved. We will treat any violation of the foregoing licensing restrictions as an act of copyright infringement.
5. Ownership. Our Products are protected by law, including without limitation, United States copyright law and international treaties. We retain sole and exclusive ownership of all intellectual property rights that are embodied in the Products.
6. Pricing and Currency. The Product prices displayed on the Platform are inclusive of all sales-related taxes including any applicable Value-Added Tax (VAT). Shipping rates are applied per order.
Prices are quoted in U.S Dollars.
7. Payment Processing. We will submit the amount due from your credit or debit card for processing at the time of our issuance of your Order Confirmation. In the event that we are not able to process your order within 3 calendar days after you submit your order, your order will automatically be cancelled.
8.1 THE PRODUCTS ARE PROVIDED "AS-IS". WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS. WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 THE PRODUCTS HELP YOU TO CLEAR, EMPOWER AND REFINE YOUR UNDERLYING FREQUENCIES TO HELP YOU TO STEP INTO YOUR PURE POTENTIAL. SANNI PÄÄKKÖNEN (“ETERNAL PRESENT”) IS NOT A DOCTOR; SHE DOES NOT HAVE THE POWER TO HEAL, NOR DOES SHE OR ANY OF THE PRODUCTS OR CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, TREAT ANY DISEASE OR MEDICAL CONDITION. THE PLATFORM, INCLUDING ALL PRODUCTS AND CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, ARE NOT INTENDED, AND SHOULD NOT BE CONSTRUED OR RELIED UPON UNDER ANY CIRCUMSTANCES, TO PROVIDE, MEDICAL, PSYCHOLOGICAL, FINANCIAL, LEGAL, BUSINESS, OR INVESTMENT ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD SEEK APPROPRIATE PROFESSIONALS FOR ANY SUCH ADVICE.
8.3 THIS WORK IS POWERFUL AND TRANSFORMATIONAL. THE OLD PATTERNS MAY RESURFACE FOR YOU TO CONFIRM THE CHANGE. IT IS IMPORTANT THAT YOU’RE READY TO TAKE FULL RESPONSIBILITY FOR THESE PATTERNS. IF YOU’RE NOT READY TO CHANGE, PLEASE DO NOT PROCEED WITH REGISTERING OR PARTICIPATING IN ANY PART OF OUR PRODUCTS, CONTENT, OR EVENTS. AS A REMINDER, YOU WILL ONLY BE EXPERIENCING THAT WHICH YOU ARE READY TO FACE. THE CONTAINER IS SAFE AND ONLY ACCEPTING THE SHIFTS FROM THE PURE SOURCE TO TAKE PLACE.
8.4 THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS AND THE CONTRACT. NO PURCHASE OR USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Consequential Damages Waiver. IN NO EVENT SHALL (i) SANNI PÄÄKKÖNEN, INDIVIDUALLY, AND (II) ETERNAL PRESENT AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE PRODUCTS, ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Liability Cap. Our aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, shall not exceed the price you paid for the applicable Product.
11. Indemnity. You agree to indemnify and hold harmless (i) Sanni Pääkkönen, individually, and (ii) Eternal Present and each of its and their respective subsidiaries, parents or affiliated entities (as applicable), including without limitation, their respective directors, officers, employees, agents, interns, contractors, sponsors, speakers, partners, representatives (each, an “Indemnitee”) from and against any losses, damages, obligations, claims, deficiencies, liabilities, costs and expenses of any kind (including taxes, fees, fines, penalties, levies, judgments, settlements, interest, reasonable expenses of investigation, the costs of enforcing any right to indemnification hereunder, the cost of pursuing any insurance providers, remediation and defense costs, attorneys’ fees and disbursements) as incurred (collectively, “Losses”) suffered (Losses) by any Indemnitee arising out of your purchase or use of, or reliance upon, any of the Products.
12. Events; Waiver, Indemnity and Media Release.
12.1 You may participate in an event produced and provided by us, whether in person or by audio or video conference (each an “Event”). An Event may occur on one day or may be a series of events over a period of many days over a period of time, which in the case of the latter, the aggregate of the series of events shall be considered one and the same “Event”.
12.2 You are not authorized to record, video, or otherwise copy or replicate the content or any aspect of any Event other than in your personal use.
12.3 You hereby represent that you are in good health and in proper physical condition to participate in the Event and that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Event. YOU HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE EVENT, including, without limitation, physical and mental rigors associated with the activities included in the Event; slipping and falling; accidents; illness including without limitation COVID-19; contact or collision with other participants, spectators, vehicles or other natural or manmade objects; imperfect conditions; equipment failure; equipment and facility conditions; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers; any other personal injury or bodily injury (including without limitation death or disability), property damage or loss, and damage of any other kind. YOU REPRESENT THAT YOU HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND IN CONSIDERATION OF THE ACCEPTANCE OF YOUR ENTRY, FOR YOURSELF AND ANYONE LEGALLY ACTING ON YOUR BEHALF, YOU HEREBY RELEASE, WAIVE AND COVENANT NOT TO SUE, AND FURTHER AGREE INDEMNIFY AND HOLD HARMLESS (I) SANNI PÄÄKKÖNEN, INDIVIDUALLY, AND (II) ETERNAL PRESENT AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES (EACH, AN “INDEMNITEE”), FROM ANY AND ALL CLAIMS, LIABILITIES OR CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS, DAMAGE OR INCONVENIENCE WHATSOEVER SUFFERED BY ANY INDEMNITEE, ARISING FROM YOUR PARTICIPATION IN THE EVENT. You agree to be familiar with and abide by the rules and regulations established from time to time by the Event organizer for the Event. You further accept sole responsibility for your own conduct and actions while participating in the Event.
12.4 Regarding your participation in the Event, you hereby grant full permission to use to record and video your participation in the Event including the right to use your name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including, but not limited to, online and on-air announcements, weekly circular ads, signage, posters, television, magazine articles, websites, social media sites (including without limitation Facebook), and any other publication(s) at ET’s sole discretion, worldwide and without limitation, and without additional compensation or consideration, except where prohibited by law. You hereby waive any right to inspect or approve the finished photographs, videos, or electronic matter that may be used in conjunction with them now or in the future, whether such material is composite, or distorted in character or form, and whether that use is known to me or unknown. You waive any right to royalties or other compensation arising from or related to the use of the images and videos of me. You further release ET from any liabilities, known or unknown, arising out of your use of this material.
13. Testimonials; Consent and Release.
13.1 You may provide to us a testimonial in written form only, written form with a photo, audio or video form (each an “Testimonial”).
13.2 You hereby give to us and to our legal representatives and assigns, and those acting with our authority and permission, the unrestricted, irrevocable, worldwide, royalty-free right and license to copyright and use, re-use, publish, and republish, Testimonials including any written Testimonials, photos you provide, still photo shots derived from any videos your provide, and/or audio recordings of me or in which I may be included intact or in part, in composite or distorted in character or form, and without restriction as to changes or transformations for the following purposes and media: unlimited commercial purposes and through any and all media and methods of distribution, now known or hereafter developed. All rights for privacy and publicity are hereby waived. You hereby relinquish any right that you may have to examine or approve the final photos, videos including any still photo shots derived from the videos, and any completed product or products authorized in this release. You also grant to us rights to make minor grammatical edits to the text of a Testimonial provided the edits do not change the essence of the Testimonial.
13.3 In giving your Testimonial, you represent that (i) you are authorized to grant this Testimonial, (ii) your Testimonial is truthful and based on your actual use of the Product that is described in your Testimonial, (iii) you have not been incentivized to grant your Testimonial, and (iv) you do not have any connection or relationship such as a family or employment relationship with us or Sanni Pääkkönen that would influence you to grant your Testimonial.
13.4 You agree that your Testimonial and these terms shall be binding upon you and your heirs, legal representatives and assigns.
15. Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
16. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Sanni Pääkkönen, Eternal Present.
19 Westgate Road
Asheville, NC 28806
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
17. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Asheville, NC, USA, and may be conducted by video conference call. The arbitrator shall apply the laws of North Carolina, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
18. Controlling Law. This Agreement shall be construed under the laws of the State of North Carolina, USA, excluding rules regarding conflicts of law. The application to the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Jurisdiction and Venue. The courts of Buncombe County in the State of North Carolina, USA and the U.S. District Court for the District of North Carolina shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. Each party submits to the personal jurisdiction and venue of such courts and waives any objection thereto, including based on forum non conveniens.
20. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
21. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
22. Force Majeure (Events Beyond Our Control).
22.1 A Force Majeure event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
22.2 If Force Majeure event occurs that causes us to not be able to perform our obligations under these Terms: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event. You may cancel the Contract if a Force Majeure event causes us to be completely unable to perform the Contract. Please see your cancellation rights under our Cancellation Policy.
23. Assignment. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms of Sale to another person if give prior written consent.
24. Miscellaneous. These Terms constitute the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the parties. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.
End of Terms and Conditions.