EVERFLOW SOUND

EVERFLOW MUSIC GROUP LLC AND EVERFLOWSOUND.COM

TERMS AND CONDITIONS

Last Updated: May 16th, 2024

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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY BEFORE USING everflowsound.com (HEREINAFTER REFERRED TO AS THE “SITE”). The Site and its content are owned by Everflow Music Group LLC (HEREINAFTER REFERRED TO AS THE “COMPANY”).

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PURPOSE: These Terms and Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by Company or the Site.

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IMPORTANT NOTES: By using the Site in any capacity, you voluntarily agree to these Terms and Conditions. You agree that you have read, understood, and consented to these Terms and Conditions. If you have any questions, please contact us at create@everflowsound.com.

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You must be at least 18 years old and be able to consent to these Terms and Conditions. If you are under the age of 18, or you do not agree with these Terms and Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms and Conditions as stated herein, regardless of whether or not you have read these Terms and Conditions.

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These Terms and Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through arbitration. By agreeing to these Terms and Conditions, you agree to the Arbitration Clause in Paragraph No. 17 and voluntarily waive your right to a jury trial.

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By proceeding on the Site, you hereby agree to the following:

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1. Definitions

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“Company”, “We”, “I”, “Our”, or “Us” means David Posso, Antonio Fernandez, Everflow Music Group LLC, DBA Everflow Sound, Tonez Inc., La Voz Entertainment Inc., and everflowsound.com.

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“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from David Posso, Antonio Fernandez, Everflow Music Group LLC, DBA Everflow Sound, Tonez Inc., La Voz Entertainment Inc., and everflowsound.com, and any and all written or downloadable material purchased, viewed, or otherwise offered on everflowsound.com, such as emails, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, website materials, guided meditations, guided breathwork, cold immersion facilitation, and other creative expressions. It also refers to any in-person experience, instruction, event, or activity.

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“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, or any other personal information you choose to provide in registration forms (i.e., answering questions about “your current relationship”, “why you are called to a course”), etc.

 

“Site", "Courses", "Services", or "Products” means Everflow Music Group LLC, DBA Everflow Sound, Tonez Inc., La Voz Entertainment Inc., and everflowsound.com, emails, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, website materials, guided meditations, guided breathwork, cold immersion facilitation, and other creative expressions available on the Site.

 

“Site” means everflowsound.com and any and all of the Company’s associated pages, tabs, landing pages, forms, or sub-pages.

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“Participant”, "You", or "Your" means you, the user, customer, or viewer of the Site.

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2. Consent

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By using the Site, or purchasing or downloading from our Site, you implicitly and voluntarily agree to these Terms and Conditions as stated herein. You implicitly and voluntarily agree to act in accordance with, and abide by, these Terms and Conditions, our Privacy Policy, and Release of Liability.

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By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms and Conditions and our Privacy Policy. 

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3. Site Rules

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By using the Site and/or making any Purchase, you hereby agree and consent not to:

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• Abuse or harass any person through or on the Site.

• Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

• Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

• Post or transmit any “spam” or unwanted, unsolicited content.

• Post copyrighted materials, photographs, or content that do not belong to you.

• Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

• Copy, download, share, post, or transmit our intellectual property and creative expressions in any way that infringes on our intellectual property rights.

• Download, alter, replicate, change, or create memes, reels, or social media content that alters the integrity of the original artwork shared here. Permission to use any content for your own creative purposes must be explicitly, personally granted in writing from David Posso, Antonio Fernandez and Everflow Music Group LLC. 
   

4. Disclaimer

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By using the Site, you understand that we are an Artist, Author, and Creative, and provide resources, education, personal experiences, and 1-on-1 support around the subjects of breathwork and cold immersion. We are not a nutritionist, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only and is based on our personal experience.​

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5. Links to Third-Party or External Websites

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The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

 

6. Intellectual Property Ownership

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The Site and its Content are intellectual property solely owned by Everflow Music Group LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

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7. Our Limited License to You

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If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

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You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms and Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

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8. Your License to Us

By commenting on the Site, or submitting documents to Everflow Music Group LLC via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

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9. Purchase and Access Terms

 

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms and Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms and Conditions will be legally pursued to the fullest extent permitted by law.

 

10. Sharing the Site and Its Content

 

If you would like to share our content, please adhere to the following guidelines:

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Commercial purposes: You must request and receive written permission by emailing create@everflowsound.com before sharing our Site and its Content for commercial purposes.

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Personal purposes: You may share the Site and/or the Content on the site for personal purposes, but we ask that you use direct links to the Site and/or Content (versus downloading/manually reposting, etc.). If you have a particular idea for another way of sharing our content that does not comply with this particular request, but feels honoring, expansive, and/or exciting, please email create@everflowsound.com to obtain written permission to ensure it is in alignment with the values and vision of Everflow Music Group LLC. 

 

To share our content on social media or your own website, we ask that you either use direct links to the Site, share from a direct post, and/or tag Antonio Fernandez, David Posso & Everflow Music Group LLC (see below) to help those who see it be able to explore further, if they are so called. This also helps us to see and be notified when our content is shared, so we can send gratitude your way and/or reach out regarding any tweaks to language or presentation to best represent the work, if necessary/applicable. 

 

Please note that since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You also may not make any claims that you are in any way associated with Everflow Music Group LLC.

 

For sharing on social media or otherwise, please tag the following accounts and link to the website in correlation with the platform you are posting on: 

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Instagram: @everflowsound
Facebook: @everflowsound
YouTube: @everflowsound
TikTok: @everflowsound
LinkedIn: https://www.linkedin.com/in/everflowsound
X (Twitter): https://twitter.com/EverflowSound
Website: www.everflowsound.com 

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It is our intention for the work to be shared and shared widely, so please reach out to create@everflowsound.com with any questions or clarifications about the above. Thank you for taking the time to learn how to best support the work we create. It is meaningful to us. 

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11. No Claims Made Regarding Results

 

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

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12. Disclaimer - No Warrantees, Guarantees, or Representations Are Being Made:

 

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.

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13. Your Release of Us

 

By using the Site or Purchasing, Downloading, or using, listening, watching, or reading Everflow Music Group LLC’s Courses, Services, Products, and Artwork, you agree to release, forgive, and forever discharge Everflow Music Group LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

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14. Errors and Omissions

 

Every effort is made to provide up-to-date, accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Everflow Music Group LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

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15. Payment and Purchases

 

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card, PayPal, Zelle and/or Venmo. By doing so, you give Everflow Music Group LLC permission to automatically charge your credit card, PayPal, Zelle or Venmo for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records. 

 

Payment is required before beginning the Program or Services, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Sales page or Order form for the information specific to your Program. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. The Company is not responsible for any overdraft charges, over-limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be prepaid or by installment, as indicated on your Sales page or Order form. Failure to make an installment payment will result in suspension or termination of the Services. Monthly subscriptions, or other recurring fees, will be automatically renewed until canceled, at which time access to the services or program(s) terminates.

 

If you elect the installment or “pay over time” option at checkout, you agree that Everflow Music Group LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

 

If your payment method fails or is otherwise declined, please reach out to create@everflowsound.com to inform us of your situation and to let us know when it will be resolved. If we do not proactively hear from you, you may automatically be suspended, removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase. If you are experiencing a personal emergency or an uncommon situation, we will do our best to accommodate special cases within reason, if you reach out within seven (7) days of the initial payment decline. 

 

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

 

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

15 b. Free Trials​

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Free trials offered by the Company are for one-time use only. Participants who have already used a free trial with us are not eligible for another one. Furthermore, the Company reserves the right to cancel any participant's account if they purchase multiple times using different payment methods or engage in other fraudulent activities. These policies are in place to maintain fairness and integrity in our services.

 

16. Our Refund Policy

 

No Refunds. Option to transfer a ticket to a friend or apply a payment to a future event.

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16 b. Transfers:

 

You may request to have any non-refundable payment applied towards registering for another program within one year of the date of your original purchase. Transfers are subject to approval and program availability. Transfer fees will be assessed and due at the time of transfer or cancellation.

 

17. Confidentiality and Non-Disclosure Agreement

 

You are free to speak, write and share about your own experiences from the Services or Program, but you agree to keep all information shared by others confidential, including all information shared by others inside of the online community associated with the Program. This provision specifically applies to and includes content shared within the membership course, where applicable, and any private Facebook group, or similar forum if used. If you have any questions about the applicability of this provision, please contact us via email at create@everflowsound.com.

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17. Arbitration Clause

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If you have any complaint or should any issue arise in the use of the Site or Everflow Music Group LLC’s Courses, Services, and/or Products, please contact us directly first by emailing Antonio Fernandez and David Posso at create@everflowsound.com.

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However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Everflow Music Group LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

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By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 miles of Orlando, Florida.

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If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Florida. The only award that can be issued to you is a refund of any payment made to Everflow Music Group LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages. 

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18. Consent to Governing Law

 

These Terms and Conditions, and any dispute arising out of it, shall be governed by the laws of the State of California.

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19. Consent to Jurisdiction

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You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Florida or a state court located within the State of Florida in connection with any matter arising out of these Terms and Conditions, Privacy Policy, Release of Liability, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products. 

 

20. Consent to Service

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You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Florida for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Florida.
 

21. Limitation of Liability

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Everflow Music Group LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

22. Defense and Indemnification

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You shall, at all times, indemnify, defend, and hold harmless Everflow Music Group LLC DBA Everflow Sound, Antonio Fernandez, David Posso, Tonez Inc., La Voz Entertainment Inc., and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Everflow Music Group LLC, Antonio Fernandez, and David Posso (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms and Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

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23. Termination of Your Use

 

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms and Conditions, Privacy Policy, Release of Liability, or any other terms to which you have agreed to.

 

24. Entire Agreement

 

These Terms and Conditions, our Privacy Policy and Release of Liability, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

 

25. Severability

 

The provisions of these Terms and Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms and Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms and Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

 

26. Your Privacy and Security on the Site

 

You agree to the terms and conditions of the Privacy Policy found at www.everflowsound.com/privacy. If you attend any Company live event, you agree that any third-party vendor involved in the event (ticket sales, event facility registration, etc.) may share your personal identifying information with the Company to allow us to serve you and other event attendees with the proper products and services, in accordance with our posted Privacy Policy. 

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27. Release of Liability

Please read our Release of Liability. 

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28. Voidability

 

These Terms and Conditions cannot be voided by not logging in to the Member or Program Website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund. 

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29. Updates to Our Terms and Conditions

 

We reserve the right to change, amend, or otherwise alter these Terms and Conditions at any time without notice to you. When changes are made to these Terms and Conditions, we will update the “Last Updated” date at the top of this page. If you do not agree with these Terms and Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us. Your continued use of the Site following the posting of any changes to this policy will constitute your acceptance of those changes.

 

30. Contacting Us:

 

If there are any questions regarding our Terms and Conditions, or any aspect of our services, please contact the Company at:

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Everflow Music Group LLC
Website: www.everflowsound.com
Mailing Address: 12310 Collins Street, Valley Village, CA 91607
Email: create@everflowsound.com

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© 2020 – 2023 by Everflow Music Group LLC (www.everflowsound.com). All Rights Reserved.  DO NOT DUPLICATE THESE TERMS AND CONDITIONS (OR ANY PORTION THEREOF). THIS CONSTITUTES COPYRIGHT INFRINGEMENT.