TERMS of SITE USE

 

Last updated 2/18/24

 

LAST UPDATED: February, 2024

 

Spirit Pharmacist LLC Website Terms and Conditions of Use

 

Spirit Pharmacist LLC, an Oregon limited liability company (collectively, “Spirit Pharmacist”, or the “Company”), is a company that provides educational information and consulting services, as well as other related services, including but not limited to products (such as educational courses and webinars), content, resources, and support, in connection with pharmacology, substances that create non-ordinary states of consciousness, including but not limited to substances that are psychedelic like psilocybin, empathogenic like MDMA, dissociative like ketamine, and other mind-altering substances (collectively, the “Substances”), and other subjects (collectively, the “Services”). Solely upon agreement to the Terms of Use, as defined below, Spirit Pharmacist provides access to you as a user of the websites https://www.spiritpharmacist.com/ and https://spiritpharmacist.mykajabi.com/, including but not limited to any Services, content, functionality, or other products, services, or offerings available on, through, or as a result of your use of https://www.spiritpharmacist.com/ or https://spiritpharmacist.mykajabi.com/, and any communications from Spirit Pharmacist as a result of such Services, content, functionality, or other products, services, or offerings (the “Website”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Website, whether you are using the Website as a guest, member (also called a registered user), or otherwise.

Please read these Terms of Use carefully before you use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you should not access or use the Website.

In order to use this Website, including but not limited to the Services, and any content, functionality, or other products, services, or offerings in connection with the Website, you must be at least 18 years of age. 

Spirit Pharmacist Website Use

By accessing the Website, and in order to use the Website, you hereby agree to these Terms of Use.

You understand and acknowledge that the Website is offering educational information and consulting services in the form of: (1) information, resources, and support supplied by Spirit Pharmacist, both on the Website and through other means, and (2) information on the Website from Spirit Pharmacist pertaining to Substances, psychopharmacology, drug interactions, and related research, which has been independently assembled by Spirit Pharmacist on those topics (“Spirit Pharmacist Information”); the Website and any Services provided by Spirit Pharmacist are solely for educational and informational purposes.

You will not rely on any information provided in or through the Website, or other means of communication from Spirit Pharmacist, as professional medical advice, diagnosis, or treatment or as a substitute of such professional medical advice, diagnosis, or treatment. You agree that it is your responsibility to seek medical and health related advice from a physician prior to and in connection with your use of, participation in, or implementation of any information received from the Website or Spirit Pharmacist.

Spirit Pharmacist is not responsible for any third party products or services you may purchase as a result of your use of the Website or use of or access to Spirit Pharmacist Information.

Your Responsibilities

You are responsible for maintaining the privacy and confidentiality of your information and any and all activities conducted through the Website by you, and any other communications through the Website or to Spirit Pharmacist. You agree not to transfer or resell your use and access to the Website to any third party. You are responsible for all of the activity undertaken by you on the Website, including the use of your Spirit Pharmacist account (if any) by other people who you may or may not have authorized to use it. Please notify the Company immediately of any breach of security or unauthorized use of the Website.

By using the Website, you agree that you assume any and all risks relating to your existing health conditions and the existing health conditions of anyone under your care or supervision, such as known and unknown existing or underlying medical conditions, including but not limited to high blood pressure; effects of the consumption herbs, supplements, prescribed medications, recreational drugs, or other substances; having a family history of medical conditions; are pregnant or breastfeeding; or having recently suffered an illness, injury, or impairment (collectively the “Health Conditions”), that may be aggravated from your action, omissions, or decisions as a result of or based on the information or services from the Website (the “Health Risks”). You are strongly discouraged from using, and you affirm that you will not use, any information on the Website if you have any of the Health Risks without physician approval.

You acknowledge that activities related to information provided on the Website may carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Website, including any purchase of or use of services from individuals or entities provided on the Website or in connection with the Spirit Pharmacist Information, or any other interaction you have with any individual or entities as a result of your use of the Website, whether in person or online. This means it is your responsibility to investigate and confirm whether an individual or entity listed on the Website or in the Spirit Pharmacist Information is suitable for you. For example, anything resulting from the Website may carry a risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to utilize any of the information provided by Spirit Pharmacist and its Website.

You agree that you are solely and fully responsible for making the determination about your physical and mental fitness, or the physical and mental fitness of anyone under your care or supervision, particularly with respect to the Health Risks, and your ability to safely use information provided on the Website. You also agree it is your responsibility to consult with a physician before using information provided on the Website and that you are responsible for making a determination, during the use of any information from the Website, whether you should discontinue such use or take any other precautions, such as further consultations with a physician, to ensure your continued health and safety.

If you do purchase a product or service as a result of information you have received while using the Website, you are agreeing to provide those vendors or service providers, including Spirit Pharmacist, as applicable, accurate and true information about yourself. This includes but is not limited to your name, age, billing information, and email address.

Notwithstanding anything in these terms and conditions to the contrary, Spirit Pharmacist reserves the right to terminate your access to and use of the Website at any time and for any reason, at the sole discretion of Spirit Pharmacist.

Your Use of Information and Content

Spirit Pharmacist Information is for your personal use only. You agree you are not permitted to copy, reproduce, modify, publish, upload, post, link to, transmit, or distribute in any way Spirit Pharmacist Information or information provided on the Website, in whole or in part, unless required by law or you receive explicit permission from Spirit Pharmacist, by advance written consent or legal license agreement. Despite your access to and use of information on the Website, or Spirit Pharmacist Information, Spirit Pharmacist remains the exclusive owner of all such content.

You understand and agree that you are solely responsible for your actions and decisions to work with, purchase services from, and meet individuals or entities by virtue of the services provided by the Website or Spirit Pharmacist. You understand that Spirit Pharmacist does not perform psychological testing or background checks on any of the individuals who provide the services that are included in the Spirit Pharmacist Information or on the Website. You understand and agree that you assume all risks and must take all reasonable precautions before meeting or providing information to any individuals or entities, or purchasing services from individuals or entities recommended on the Website or from any services and Spirit Pharmacist Information provided by Spirit Pharmacist. You understand and agree that Spirit Pharmacist cannot guarantee the accuracy or completeness of any of the information provided on the Website or as Spirit Pharmacist Information, and Spirit Pharmacist is not responsible for any loss or damages resulting from your reliance on such information. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to access any information you receive from or is provided by Spirit Pharmacist through the Website, including persons under your care or supervision. You are solely responsible for your own personal safety and the safety of anyone under your care or supervision, and for safely using the information received from the Website, and with due regard for any Health Risks.

Changes to the Terms of Use

Spirit Pharmacist may revise and update these Terms of Use from time to time in the Company’s sole discretion. All changes are effective immediately when Spirit Pharmacist posts them on the Website, and shall apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected and hereby agree to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

Spirit Pharmacist reserves the right to withdraw or amend this Website, and any service or material provided on the Website, including Spirit Pharmacist Information, in its sole discretion, and without notice. Spirit Pharmacist will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Spirit Pharmacist may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Spirit Pharmacist Website Disclaimer

Spirit Pharmacist and this Website provide educational information through the Spirit Pharmacist Information, and access to consulting services from Spirit Pharmacist. Spirit Pharmacist does not provide medical, psychological, and other professional advice or treatment. The information provided on and accessible from Spirit Pharmacist and the Website is for informational and educational purposes only and is not healthcare advice or medical diagnosis, treatment, or the prescription of any substance. This information is not a guarantee of benefits, outcomes, or cures that can be achieved. This information is not intended as a substitute for advice from your physician or other healthcare or mental health professionals. You should not use this information for diagnosis or treatment of any health problem or for the prescription of any medication or other treatment. You should consult with a healthcare professional before working with any new substance, medication, treatment, or care, and before altering or discontinuing any current medications, treatment, or care. The statements made by Spirit Pharmacist and through the Website have not been evaluated by the Food & Drug Administration. If you or anyone under your care or supervision suffers from a physical, emotional, or mental condition, consult a physician or healthcare provider before beginning any work with Substances, to ensure this work is safe for you and others. By using the Website and engaging with Spirit Pharmacist, you agree to work with any Substances using the utmost safety, respect, and care.

Spirit Pharmacist does not promote, condone, or advocate the use of any illegal substances. Spirit Pharmacist has no control over the information and is not responsible in any way for information provided or contained in third party websites, publications, and other media cited on the Website. Redirection does not equate to approval or an endorsement by Spirit Pharmacist. Spirit Pharmacist is not responsible for any damages, losses, or costs arising or allegedly arising from the use of information contained on the Website or from third party sites.

SUBSTANCES SHOULD BE USED WITH CAUTION AND SUPPORT. The use of Substances may bring certain psychological issues to the surface that may require the support of a licensed mental health professional or result in physical injury that may require emergency services.

IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY. 

Spirit Pharmacist disclaims all warranties with regard to the information included on the Website. You acknowledge and agree that, in no event, shall Spirit Pharmacist be liable for any direct, special, indirect, or consequential damages in connection with the information contained within the Website, or any offerings therein.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Spirit Pharmacist or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws. The intellectual property rights of Spirit Pharmacist are not transferred herein, and Spirit Pharmacist retains all common law copyrights and all federal copyrights which have been, or which may be, granted by the Library of Congress, at common law, or otherwise.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If Spirit Pharmacist provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the Company’s end user license agreement for such applications.
• If Spirit Pharmacist provides social media features with certain content, including but not limited to through Instagram, Facebook, or Etsy, you may take such actions as are enabled by such features, but you are nonetheless bound by the terms and conditions hereof.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or without the permission of Spirit Pharmacist, or without citation to Spirit Pharmacist as the owner.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

Copyright violations will result in legal penalties. 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Spirit Pharmacist or any other person or entity.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without the Company’s prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

• The information presented on or through the Website, including the Spirit Pharmacist Information, is made available solely for general information purposes. Spirit Pharmacist does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Spirit Pharmacist disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents by you.
• This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Spirit Pharmacist, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Spirit Pharmacist. Spirit Pharmacist is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

• Spirit Pharmacist may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and Spirit Pharmacist is under no obligation to update such material.

Disclaimer of Warranties

• You understand that Spirit Pharmacist cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, SPIRIT PHARMACIST WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
• YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Spirit Pharmacist NOR ANY PERSON ASSOCIATED WITH Spirit Pharmacist MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Spirit Pharmacist NOR ANYONE ASSOCIATED WITH Spirit Pharmacist REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT the webSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
• TO THE FULLEST EXTENT PROVIDED BY LAW, Spirit Pharmacist HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
• THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

You release Spirit Pharmacist, and its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, attorneys, and assigns, from any and all liability, causes of action, damages, judgments. You understand that you are fully responsible for, accept and assume any and all risks, injuries, or damages known or unknown without limitation. You agree that you will not hold Spirit Pharmacist liable under or in connection with your use of the Website or any information provided by Spirit Pharmacist under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any consequential, incidental, indirect, exemplary, special, or punitive damages. To the extent that one or any aspect of Spirit Pharmacist’s liability limitations set out above does not apply, all remaining aspects survive.

Indemnification

You agree to defend, indemnify, and hold harmless Spirit Pharmacist, and its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, attorneys, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of Oregon, in each case located in the City of Eugene and County of Lane, although Spirit Pharmacist retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country or state of residence, or any other relevant jurisdiction available by law. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Spirit Pharmacist’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration by the Arbitration Service of Portland Inc. in the City of Eugene, and applying the laws of the State of Oregon.

Waiver and Severability

• No waiver by the Spirit Pharmacist of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Spirit Pharmacist to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
• If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

• The Terms of Use constitute the sole and entire agreement between you and Spirit Pharmacist regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

• This Website is operated and owned by Spirit Pharmacist LLC.
• All notices of copyright infringement claims should be sent to Spirit Pharmacist by email at [email protected].
• All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].

You may contact Spirit Pharmacist through the Website at: https://www.spiritpharmacist.com/site/contact. Please remember that Internet communication is not secure.