Modern Witches
Membership Terms
Acceptance of the Terms
The following terms and conditions, (these “Terms”) are entered into by and between you and The Modern Witches organization. (d/b/a "The Modern Witches Confluence'') (“The Modern Witches”, "The Confluence", "The Coven" ,“Company“, "the site", "site", “we“, “us” or “our“). These Terms govern your access to content on our membership website, www.modernwitches.org ("the site” or “site”), your purchase or use of our membership site (“site”), membership with The Modern Witches (“Membership”), and retail items (“Products”), along with any other services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).
Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
Your payment is considered a binding agreement for all of the above and below.
TERMS
Cancellation, Refunds & Commitment
The Wheel of the Year payment plan, which gives access to “The Coven”, is a 12-month contract. There is no option to cancel or refund prior charges. The Modern Witches (also listed as "us", "we", "TMW") will make member-only events available for viewing after the event available for a minimum of three days. All members will be informed of upcoming events at least once via newsletter and sent access codes and links to the recording of the event, which will be available for a minimum of 3 days.
After your 12-month contract, you will be given an option to renew or cancel your membership.
When you sign up for The Wheel of the Year with The Modern Witches you are given access to the following events:
Spring Equinox Gatherings (March 18 -21)
Spring Convergence Gathering (April 30th - May 1st)
Summer Solstice Gathering (June 18th)
Autumn Equinox (September)
Modern Witches Gathering (October 28th - 31st)
Winter Solstice (December)
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Your monthly contribution supports The Modern Witches organization and it is expected that you will fulfill the full 12-month payment commitment while The Modern Witches Organization provides the above access to events. The Modern Witches Membership grants access to the events and prioritizes excellent content to the best of our ability. Our goal is to create content and events that are educational, accessible, and anti-racist. We are guided by this mission:
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Coven membership provides access to all the radical, magical, healing, and educational events we will be hosting on the Equinoxes and Solstices, as well as our Spring Convergence around May 1st, and our annual Confluence gathering around November 1st. All of these gatherings will be celebrations of the seasonal shifts, provide a sacred container for each of us to explore our magic, and offer insights into a diverse array of magical practices.
Cancellation will be considered on a case-by-case basis and only fulfilled if all The Modern Witches organizing committee feel that they have not fulfilled their ability to provide access to live member events and recordings for a minimum of three days after each event. If cancellation should be granted, the balance of the full ticket price for the most recent event, whether you have attended or not, will be due before cancellation is fulfilled. For example, if you cancel a few days after that month's event that costs (for example) $120 dollars and your monthly contribution is $25, $95 dollars will be due before cancellation is fulfilled, whether or not you attended the event.
Privacy Policy
We will not sell your personal information. Sponsors, partners, and advertisers will never have access to your personal information. We will target those who self-identify their content desires (for example: you attend a certain event, ask to be informed of a type of event) but we will never sell your information or target ads. What any social network we are associated with or payment processors do with your information is out of our control. Please see their privacy policy information to protect your data and contact information. If there is a partnership sweepstakes which gathers your personal contact information, there will be separate privacy policy terms and you will opt in (or out) of those terms.
Your information will never be shared.
SPONSORSHIPS
The Modern Witches will email you via our newsletter with upcoming events, advertiser/sponsor deals, and any other information at our discretion and use our best ethics when doing so. We carefully choose our partners and will sever ties with anyone who has caused harm for any of our community members. We will do our best to choose inclusive, anti-racist, and ethical partnerships. Information or harmful actions not been exposed prior to our partnership are out of our control and we take no responsibility for other organizations or business’ actions.
DIVERSITY & INCLUSION
THROUGH THE FORMATION OF AN INCLUSION COMMITTEE, WHICH IS COMPOSED OF A MAJORITY POC MEMBERSHIP, WE PLEDGE TO PROVIDE A SAFE SPACE FOR MARGINALIZED PEOPLE – AND A PLATFORM UPON WHICH THEIR ANCESTRAL TRADITIONS (AND LIVED EXPERIENCES) CAN BE AMPLIFIED, PRIORITIZED AND CELEBRATED. OUR INCLUSION COMMITTEE WILL MEET QUARTERLY TO CONTINUE TO ASSESS OUR PROGRAMMING, PROCESSES, AND STRUCTURES TO ENSURE WE ARE MAINTAINING AN ANTI-RACISM ORGANIZATION. WE WILL PUBLISH OUR QUARTERLY REVIEWS ON OUR WEBSITE FOR THE COMMUNITY. THIS WILL ENSURE OUR CONTINUED ACCOUNTABILITY TO THIS WORK
Changing Fees and Charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services.
The Modern Witches does not anticipate a change in fees within your first 12-month contract.
Cancellations By The Modern Witches
We will not tolerate hate speech, racism, sexism, exclusion, or any type of LGBTQ phobia.
We may suspend or terminate your use of the membership site as a result of your fraud or breach of any obligation under these Terms or other related restrictions (including, but not limited to, your Membership Terms and Conditions). Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of content. If these membership terms have been violated and The Modern Witches terminates your membership, there will not be a refund for any prior charges for your membership.
Changes to the Terms of Use
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
Access to Services
By accessing the Services, you warrant that: You are legally capable of entering into binding contracts; All registration information you submit is truthful and accurate; You will maintain the accuracy of such information; and Your use of the Services does not violate any applicable law or regulation.
Purchase of Membership and Products
If you purchase a Membership or any Product from the Site, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions).
You agree to provide your payment information at the time you purchase or renew your membership or order any Product on the Site. Our payment page is powered by third party payment service providers. The Modern Witches is not responsible for the performance of the third-party payment services. In the course of your use of the Services, the third-party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third-party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services only comes into being when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account.
Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes on your membership, and taxes, shipping or carriage of the Products as such costs are specified by us on the Site when you submit your order.
Purchase of a Membership must be for your personal use only. Transfer of Membership to other persons is prohibited.
By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability. Noncompliance with these Terms or any other reason are determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.
Membership Policies
Your payment of applicable subscription fees, Modern Witches grants you a limited, non-exclusive, and non-transferable license to:
Access the membership site and member events.
You shall not:
Copy content or share your access code, username or password except as expressly permitted by this license; modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the site; reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the site or any part thereof; remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the site, including any copy thereof; rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the site, or any features or functionality of the site, to any third party for any reason, including by making the site available on a network where it is capable of being accessed by more than one device at any time; remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the site; or use the site in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems.
You acknowledge and agree that the site is provided under license, and not sold, to you. You do not acquire any ownership interest in the site under this License Agreement, or any other rights thereto other than to use the sire in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this License Agreement. The Modern Witches and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this License Agreement.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the site; (iii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc.; (iv) transmitting spam, chain letters, or other unsolicited email; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the site; (vi) uploading invalid data, viruses, worms, or other software agents through the site (by breaching this provision you would commit a criminal offence under the Computer Misuse Act 1990); (vii) collecting or harvesting any personally identifiable information, including account names, from the site; (viii) using the site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or creating a username that is vulgar or obscene (as determined in the Company’s sole discretion); (x) interfering with the proper working of the site; (xi) accessing any content on the site through any technology or means other than those provided or authorized by the site; or (xii) bypassing the measure we may use to prevent or restrict use or copying of any content or enforce limitations on use of the site or the content therein.
You acknowledge that when you download, install, or use the site, The Modern Witches may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the site. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the site or certain of its features or functionality. All information we collect through or in connection with this site is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may choose to or we may invite you to submit comments or ideas about the site, including without limitation about how to improve the site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure will not place The Modern Witches under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, The Modern Witches does not waive any rights to use similar or related ideas previously known to The Modern Witches, or developed by its employees, or obtained from sources other than you.
The Modern Witches may from time to time in its sole discretion develop and provide site updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that The Modern Witches has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: the site will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the site and be subject to all terms and conditions of this License Agreement.
Intellectual Property
Everything created for and by The Modern Witches is intellectual property owned by the author of the content. Copying, sharing, distributing is not permitted and your membership will be terminated and your total remaining balance will be charged.
Third Party Materials and Content
You understand that the Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”). In consideration for The Modern Witches allowing you to use the Services, you agree that we, our affiliates, and third party partners may place advertising on the Services.
You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company 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 content, goods or services in connection with any Third Party Materials.
Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in these Terms grants you any license to third party trademarks or content, which shall remain the property of their respective owners.
Warranty Disclaimers; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S BREACH OF CONTRACT OR NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors 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 or your use of the Services or your use of any information obtained through use of the Services.
Governing Law
No matter where you’re located, the laws of California will govern these Terms and the relationship between you and the Company as if you signed these Terms in California. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the courts in California for the exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
Arbitration
At our sole discretion, we may require you to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of England and Wales.
For Ontario residents only: If a dispute arises from the use of these Terms or the Website, including any dispute arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, we and you may agree to resolve any such dispute by submitting it to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association.
Severability
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Entire Agreement
These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in these Terms.
Third Parties
A person who is not a party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
Force Majeure
We take our commitment to customers seriously, and we will do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
Assignment
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
Waiver
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Comments, Concerns and Complaints
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [casey].