TERMS OF SERVICE
YOU MUST READ & AGREE TO THESE Terms & Conditions:
TERMS OF SERVICE AND CONDITIONS OF USE
The following describes the Terms of Use for the "Soulmate Love Secrets"
business (based in New Jersey USA and the parent company is "Fun Life").
This is hereafter referred to as "THE COMPANY".
If you do not agree to these Terms of Service and Conditions of Use,
you MUST discontinue using this Website immediately!
DEFINITIONS AND SCOPE:
THE COMPANY WEBSITE DEFINED: The "Soulmate Love Secrets"
websites (and any other "internal" websites stemming from it, such as
specific membership sites or web pages linked to or stored in the website's
domain or weblog) are an online (and, periodically, offline) information
service. They are subject to the compliance of you, the USER (hereafter
"USER"), with the terms and conditions set forth below (all parts and
parties collectively) (hereafter referred to as THE COMPANY'S Website).
These terms apply to the USER regardless of whether or not they have
purchased anything from THE COMPANY online or offline.
TERMS & CONDITIONS INCLUDE: Any and all other policies,
notices, or other legal-administrative pages contained in THE COMPANY'S
Website are necessarily incorporated into these Terms of Service and
Conditions of Use. This may include, without limitation, THE COMPANY'S
Results Disclaimer,
Privacy Notice,
Copyright Notice,
Anti-Spam Policy,
FTC Compliance Notice,
DMCA Compliance Notice, and
Social Media Disclosure
(others may be added in the future).
TERMS & CONDITIONS BENEFICIARIES: These Terms of Service
and Conditions of Use are for the benefit of THE COMPANY'S Website and
its owners, officers, directors, employees, agents, licensors, suppliers,
and any THIRD PARTY information providers to this Website. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against those disputing them on its/their own behalf.
THE COMPANY complies with the European Union's
"General Data Protection Regulation" (GDPR).
For more on compliance with EU's GDPR, refer to the COMPANY'S Privacy
Policy.
USER AGREEMENT (INCLUDES CHANGE POLICY): By accessing or
using THE COMPANY'S Website, you, the USER, give your Consent and Agreement
to these Terms of Service and Conditions of Use. If you do NOT agree to all
these Terms and Conditions, then do NOT use this Website!
You, the USER, must be eighteen (18) years or older to access THE COMPANY'S
Website. If you are under eighteen (18) years, you are not permitted to
access this website for any reason. Due to the age restrictions for use of
this website, no information given to us or received from us by minors (under
18 years, ebooks included) falls within the "Child Online Privacy Act" (COPA)
and is not monitored as doing so.
IT IS YOUR RESPONSIBILITY TO READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE COMPANY'S WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU, THE
USER, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE OUR WEBSITE.
THE COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC
NOTICE TO YOU, THE USER, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE COMPANY'S WEBSITE. YOU AGREE TO
REVIEW THIS AGREEMENT & NOTICES PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND
ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
THE COMPANY reserves the right to make changes to the features, functionality,
or content of our Website at any time. THE COMPANY reserves reserve the right
in our sole discretion to edit or delete anything appearing on our Website.
WARRANTY, RISK, AND LIMITATION OF LIABILITY:
ASSUMPTION OF RISK: YOU, the USER of THE COMPANY'S Website,
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE
INTERNET. THE COMPANY'S Website PROVIDES OUR CONTENT AND RELATED INFORMATION
"AS IS". without warranties of any kind, either express or implied. To the
fullest extent permissible, THE COMPANY disclaims all warranties, including
express or implied warranties of merchantability and fitness for a particular
purpose. Your use of THE COMPANY'S Website or materials linked to it is
completely at your own risk. You should not act or depend on any data on
THE COMPANY'S Website, where applicable, without seeking the counsel of a
lawyer licensed to practice in your jurisdiction for your particular legal issues.
NO WARRANTY: YOU, the USER of THE COMPANY'S WEBSITE, AGREE
that this WEBSITE AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY WEBSITE AND ITS BUSINESS PARTNERS (like
vendors and affiliates hereafter "THIRD PARTIES"), TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO)
THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE) WITH REGARD TO ANY PRODUCT
OR SERVICE OR MEMBERSHIP OR ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
BY THE COMPANY, OR THROUGH THIS WEBSITE (hereafter "ITEMS"), OR ON THE INTERNET,
OR OFFLINE IN ANY MANNER.
NO LIABILITY: YOU, the USER of THE COMPANY'S WEBSITE, AGREE
that THE COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY TRANSACTION INVOLVING ITEMS FROM THE COMPANY
OR THIRD PARTIES. YOU, the USER of THE COMPANY'S WEBSITE OR ITS ITEMS, ASSUME
TOTAL RESPONSIBILITY AND RISK FOR EVALUATING THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL INFORMATION PROVIDED THROUGH THIS WEBSITE, BY THE COMPANY,
OR ON THE INTERNET, OR OFFLINE IN ANY MANNER.
NO ADVICE: THE COMPANY does not intend with this information,
to render legal, financial, medical, or other professional advice (hereafter
"PROFESSIONALS"). THE COMPANY recommends that the USER or BUYER (the purchaser,
hereafter "BUYER") of product(s), service(s), or membership(s) (hereafter the
"ITEMS") from THE COMPANY seek the advice of the appropriately licensed
PROFESSIONALS for any such advice, especially for purchase decisions.
NO COUNSEL: YOU, the USER or the BUYER, should not act or
depend on THE COMPANY'S Website or on its other communications of whatever
kind from whatever source without seeking the counsel of the appropriate
PROFESSIONALS licensed to practice in your jurisdiction and to advise you
on your legal, financial, medical, healthcare, or other professional issues.
EXPRESS DISCLAIMER OF CONSEQUENTIAL DAMAGES:
ERRORS AND OMISSIONS: IN NO EVENT WILL THE COMPANY, ITS
WEBSITE, OR ANY THIRD PARTIES MENTIONED BY THE COMPANY OR AT OUR WEBSITE
BE LIABLE FOR:
(I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE OUR SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON, OR DOWNLOADED FROM THE COMPANY, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE (EVEN IF THE COMPANY OR ITS AUTHORIZED REPRESENTATIVES WERE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), - OR -
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE COMPANY'S WEBSITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
COMPANY OR ANY OTHER SERVICE.
STATE RIGHTS: SINCE SOME STATES IN THE US DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST
DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH THE COMPANY AND
AFFILIATED THIRD PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO THE COMPANY
OR ITS WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE
AVAILABLE TO YOU.
INTERNET RISKS AND HAZARDS:
INTERNET CONTENT: YOU, the USER of THE COMPANY'S Website,
AGREE THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK.
THE COMPANY ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR ANY/ALL INTERNET
MATERIALS YOU ACCESS.
SOCIAL MEDIA ADVISORY: YOU, the USER of THE COMPANY'S Website,
AGREE THAT you are solely responsible of your use or disclosure of any personal
identifiable and private information from Social Media sites. THE COMPANY
cannot control or be held accountable for what you decide to share on such
sites. THE COMPANY will defend itself against any libel posted on such sites
by USERS or BUYERS.
MALICIOUS PROGRAMS: YOU, the USER of THE COMPANY'S Website,
AGREE THAT THE COMPANY cannot and does not guarantee or warrant that files
available for downloading through our Website will be free of malicious programs
which includes viruses, worms, adware, spyware, or other malware code (hereafter
"MALWARE") that will write to and/or destroy your computer. You, the USER, are
responsible for implementing sufficient procedures and control to ensure the
security of your computer (hardware, software, and data) and for maintaining
a means external to THE COMPANY'S Website for the reconstruction of any of
your lost data. THE COMPANY will do its best to ensure that this Website is
free of viruses or other harmful items that can be transmitted online, that
any defects or errors will be corrected on a timely basis, and that service
will remain uninterrupted and problem free.
COPYRIGHT NOTICE AND POLICY: Also reference our
Copyright Notice
AGENT: "Soulmate Love Secrets" has been granted specific
approval from THIRD PARTIES to create this website based upon information
supplied to it by the THIRD PARTIES. This applies whether this information
has originated from THIRD PARTY sites, their sales-promotional materials,
and their correspondence whether by paper mail, email, text, phone, web-form,
or other form of communication not listed here.
PROTECTION: The entire contents of THE COMPANY'S Website
are protected by intellectual property law, including both domestic (US)
and international copyright and trademark laws. The owner of the copyrights
and/or trademarks-servicemarks for THE COMPANY are the owner(s) of THE
COMPANY'S Website. The owner(s) of the copyrights and/or trademarks-servicemarks
for THIRD PARTIES are their respective owners.
OWNERSHIP: You, the USER of THE COMPANY'S Website (hereafter
the USER), do not own rights to any article, book, ebook, document, blog post,
software, application, add-on, plugin, text, art, graphics, images, photos,
video, webinar, recording, or other materials viewed or listened to through
or from THE COMPANY'S Website or via email or by way of protected content in
a membership site (hereafter PROPERTY). The posting of YOUR data on OUR website
does not give you the USER or BUYER any rights to the data or any compensation
for it. You, the USER, surrender any rights to your content once it becomes
part of THE COMPANY'S Website.
USAGE: You, the USER of THE COMPANY'S Website, are granted
a non-exclusive, non-transferable, revocable license to use THE COMPANY'S
Website only for private, personal, non-commercial reasons. You, the USER,
may print and download portions of PROPERTY from the different areas of the
website solely for your own non-commercial use, provided that you agree not
to change the content from its original form, remove any references to its
origin, or attempt to use it for commercial purposes.
NOTICES: You, the USER of THE COMPANY'S Website, agree not
to modify or delete any copyright or proprietary notices from the PROPERTY
you receive, print, or download from THE COMPANY (especially in conjunction
with the ITEMS). You, the USER or BUYER, agree that any notice on any portion
of THE COMPANY'S Website that forbids printing and downloading of specific
content controls the usage of that specific content.
TRANSMISSION: You, the USER of THE COMPANY'S Website,
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE COMPANY'S WEBSITE, INCLUDING
TEXT, GRAPHICS, CODE, and/or SOFTWARE, AND ANY OTHER ITEM or PROPERTY CONTENT.
MODIFICATION: You, the USER of THE COMPANY'S Website, MAY NOT
sell or modify the PROPERTY or ITEMS or reproduce, display, publicly perform,
distribute, or otherwise use the material in any way for any public or commercial
purposes (like sales, marketing, or promotion). The use of THE COMPANY'S
PROPERTY or ITEMS on any other website or in a networked computer environment
for any purpose is strictly prohibited.
RECORD-KEEPING: You, the USER of THE COMPANY'S Website, must
retain all proprietary notices contained in the original material on any copy
you make of any of THE COMPANY'S PROPERTY or ITEMS.
PROHIBITED USE OF THE COMPANY'S WEBSITE:
PROHIBITED USE - LEGAL: You, the USER of THE COMPANY'S Website,
agree to use the product(s), service(s), or membership(s) (hereafter ITEMS)
and PROPERTY offered by the COMPANY in a manner consistent with all applicable
local, state, and federal laws and regulations of the United States of America.
THE COMPANY prohibits conduct from its USERS that might constitute a criminal
offense, give rise to civil liability, or otherwise violate any law or
regulation, domestic (US) or international.
PROHIBITED USE - OFFENSIVE: You, the USER of THE COMPANY'S
Website, agree that you shall not store or transmit the COMPANY'S PROPERTY or
its ITEMS in a manner which infringes or violates the rights of others. You
the USER agree that you shall not not store or transmit the COMPANY'S PROPERTY
or its ITEMS in a manner which is unlawful, obscene, profane, indecent or
otherwise objectionable, threatening, hateful, defamatory, or invasive of
privacy or publicity rights.
PROHIBITED USE - INTERFERENCE: You, the USER of THE COMPANY'S
Website, agree that any of your activity(s) that restricts or inhibits any
other user of the COMPANY'S Website from viewing its PROPERTY or from purchasing
or using its ITEMS is prohibited.
PROHIBITED USE - SOLICITATION: You, the USER of THE COMPANY'S
Website, may not post or transmit advertising or commercial solicitation on
our website unless this has been expressly permitted by a written agreement
signed by all members of THE COMPANY.
GENERAL ACCESS TO THE COMPANY'S WEBSITE:
WEBSITE PURPOSE: THE COMPANY'S Website exists to promote the
sale of its ITEMS. You, the USER of THE COMPANY'S Website, should assume that
no other party, by mere mention of their name, has endorsed any of our ITEMS
or PROPERTY. You, the USER of BUYER, should assume that at all times that THE
COMPANY is being compensated both for the sale of its ITEMS as well as for
the sale of THIRD PARTY ITEMS recommended or listed on our Website (whether
or not this has happened).
SERVER ERRORS: YOU, the USER of THE COMPANY'S WEBSITE, understand
that THE COMPANY DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE OR
THAT OUR WEBSITE AND ITS SERVER ARE FREE OF MALWARE. IF YOUR USE OF THE COMPANY'S
WEBSITE OR ITS ITEMS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
SERVICE QUALITY: THE COMPANY'S WEBSITE DOES NOT WARRANT THAT
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR WHEN ANY DEFECTS WILL BE
CORRECTED. THE COMPANY AND ITS THIRD PARTIES MAKE NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF INFORMATION ON THE WEBSITE
OR THEIR ITEMS.
WEBSITE CONTENT ERRORS & OMISSIONS: YOU, the USER of THE
COMPANY'S Website, understand that our content may contain inaccuracies or
typographical errors. THE COMPANY'S Website makes no representations about
the accuracy, reliability, completeness, or timeliness of the content or about
the results to be obtained from using our Website or its content or purchasing
the COMPANY'S ITEMS. Use of THE COMPANY'S Website and its content is at the
USER'S own risk. The USER understands that changes are periodically made to
THE COMPANY'S Website, and may be made at any time.
LINKS FROM OUR WEBSITE: THE COMPANY cannot be held accountable
or responsible for the accuracy of links to other websites. All links are
accurate at the time of publication.
LINKS TO OUR WEBSITE: YOU, the USER of THE COMPANY'S Website,
may provide links to our website, provided you do not change, remove, or obscure
the copyright notice or other notices on THE COMPANY'S Website. Your website
or other source of links must not promote illegal or offensive (hate, pornography,
and the like) activities.
LINKS TERMINATION: YOU, the USER of THE COMPANY'S Website, must
stop linking to our Website immediately upon request by THE COMPANY (which is
at our sole discretion).
YOUR DUTY TO OTHER USERS: YOU, the USER of THE COMPANY'S Website,
use of our Website is for your own personal, non-commercial benefit. You may not
use our Website in a way that "mines" the personal information of others in any
manner for your own use or for the benefit of others such as spam (unsolicited
commercial email). If you inadvertently obtain personal information about other
users, you agree not to share it.
RESTRICTED ACCESS TO THE COMPANY'S WEBSITE:
RESTRICTED ACCESS: Access to certain areas of THE COMPANY'S
Website is restricted. THE COMPANY reserves the right to restrict access to
certain areas of our Website, or our whole website, at our discretion.
USER ACCESS: If THE COMPANY provides you, the USER or BUYER,
with a user identification (ID/username) and password to enable you to access
these restricted areas of THE COMPANY'S Website or other content or ITEMS, you,
the USER, must ensure that that this user identification and password is kept
confidential at all times.
USER CONFIDENTIALITY: You, the USER or BUYER, may not share
your user identification and/or password with anyone for any reason, either
directly or indirectly. You, the USER or BUYER, accept responsibility for all
activities that occur under your user user identification and/or password.
ACCESS TERMINATION: THE COMPANY may disable the user
identification and password of any USER or BUYER at our sole discretion.
This will happen if you, the USER of BUYER, breach any of the policies or
terms governing your use of THE COMPANY Website or any other contractual
obligation you owe us.
THIRD PARTY PRODUCTS, SERVICES, AND LINKS:
NO THIRD PARTY ENDORSEMENT: YOU, the BUYER or the USER of
THE COMPANY'S Website, understand that, except for information and ITEMS
clearly identified as being supplied by our Website and/or THE COMPANY, that
THE COMPANY does not operate, control, or endorse any information, products,
services, or memberships from THIRD PARTIES.
THIRD PARTY INFORMATION: Except for information and ITEMS
identified by THE COMPANY as being controlled by THE COMPANY, all information
and ITEMS offered through our Website or on the Internet are offered by THIRD
PARTIES which are NOT controllable by THE COMPANY and for which THE COMPANY
may (or may not) be compensated.
LINKS TO OTHER WEBSITES: THE COMPANY'S Website contains links
to THIRD PARTY Websites. THE COMPANY'S Website makes no representations whatsoever
about any other website which YOU, the USER of THE COMPANY'S Website, may access
through this one or which may link back to our Website. When you access another
website from our Website, you understand that it is independent from our Website,
and that THE COMPANY has no control over the content of other websites.
LINKS PURPOSE: These links are provided solely by THE COMPANY
as a convenience to you, the USER, and is not as an endorsement by our Website
of the contents on such THIRD PARTY websites. THE COMPANY'S Website is not
responsible for the content of linked THIRD PARTY websites and does not make
any representations regarding the content or accuracy of material on such THIRD
PARTY websites.
LINKS RISK: If YOU, the USER, decide to access linked THIRD
PARTY websites, you do so at your own risk. THE COMPANY does not endorse,
recommend, suggest, or otherwise advise action regarding any purchases. You
should assume THE COMPANY is compensated for any purchases you make AND that
any income claims should be construed as atypical results. You MUST assume
the risk that inferior results obtain, including losses, for which THE COMPANY
has no responsibility or liability.
TESTIMONIALS AND USER SUBMISSIONS:
USER RESPONSIBILITY: You, the USER or the BUYER, you are
responsible for your own communications and are responsible for the consequences
of your posting(s). You, the USER of our Website or the BUYER, must not do
the following things:
1- Post material that is copyrighted, unless you are the copyright owner or
have permission of the copyright owner to post it.
2- Post material that reveals trade secrets, unless you own them or have the
permission of the owner to do so.
3- Post material that infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others.
4- Post material that is obscene, sexually explicit, profane, defamatory,
threatening, harassing, abusive, hateful, embarrassing, or offensive to
another USER or BUYER or any other person or entity or law enforcement.
5- Post advertisements or solicitations of business.
6- Post chain letters or pyramid schemes.
7- Post impersonating another person or entity.
USER SUBMISSIONS: You, the USER or the BUYER, agree to grant
to THE COMPANY a non-exclusive, royalty-free, worldwide, irrevocable, perpetual
license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas of
our website (such as bulletin boards, forums, blog, and newsgroups) or by
email to our website by all means and in any form of communication listed
or not listed here.
USER IDENTIFICATION: You, the USER or the BUYER, agree to
grant to THE COMPANY the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing, and promotional material related thereto.
TESTIMONIALS: All testimonials are a result of the experience
of THE COMPANY'S USER(S) or BUYER(S) and were provided by each individual or
business. Where specific earnings and income testimonials are used and attributed
to an individual or business, they are believed by THE COMPANY to be accurate
but they have NOT be verified by THE COMPANY for truthfulness nor should they
be used as an indication or prediction of anyone's results, especially your own.
TESTIMONIAL PURPOSE: Testimonials on THE COMPANY'S Website
about earnings or income, in their sales or promotional materials, or communicated
by any other means, about earnings or income results are for educational and
illustrative purposes only. Although every effort is made to ensure that THE
COMPANY'S testimonials are factually honest, they are not intended to promise
of imply what is likely to happen in your case and you, the USER, should not
rely on them to make any purchasing decision.
TESTIMONIAL SOURCE: Any testimonials may be provided by USERS,
BUYERS, or THIRD PARTIES are unsolicited and are not financially compensated
by THE COMPANY.
SCREENING: THE COMPANY does not represent or guarantee the
truthfulness, accuracy, or reliability of any communications posted by other
USERS or BUYERS on our Website or endorse any opinions expressed by anyone
about our Website. THE COMPANY does not necessarily screen communications in
advance and is not responsible for screening or monitoring material posted by
our USERS or BUYERS.
NO LIABILITY: THE COMPANY has no liability or responsibility
to USERS or BUYERS for the performance or nonperformance of others, including
THIRD PARTIES. THE COMPANY reserves the right to expel USERS or BUYERS and
to prevent their further access to THE COMPANY'S Website for violating this
Agreement or any law or regulation, and also reserves the right to remove
communications which are abusive, offensive, or illegal.
NO RELIANCE: You, the USER or BUYER, acknowledges that any
reliance on information posted by other USERS or BUYERS will be at your own
risk. You further agree that you shall have no recourse against THE COMPANY
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to our Website.
REMOVAL: If it is observed by THE COMPANY and/or it is notified
by a USER or BUYER of communications which are viewed as not conforming to
this Agreement, THE COMPANY may investigate the allegation and determine in
good faith and its sole discretion whether to remove or request the removal
of this non-conforming communication.
PROFESSIONAL CONSULTATION:
PROFESSIONAL ADVICE: THE COMPANY'S ITEMS are primarily focused
on relationship counseling and the related tools and resources to achieve that
purpose. THE COMPANY'S ITEMS are NOT intended to provide advice on financial,
legal, or medical matters, which are the under the jurisdiction of lawyers,
accountants, tax professionals, investment advisors, medical professionals,
health-care workers, and other trained and/or licensed professionals (hereafter
"PROFESSIONALS"). You agree, acknowledge, and accept that we are not trained
professionals and do not purport to render professional or expert advice in
any arena.
NO LEGAL ADVICE: YOU, the USER of THE COMPANY'S WEBSITE,
understand that data/information contained on or made available through our
Website is not intended to be, and does not constitute, LEGAL advice. Our Website,
and your use of it, does not create an attorney-client relationship. THE COMPANY
does not warrant or guarantee the accuracy, adequacy, or recency of the
data/information contained in or linked to our Website or in any related material(s).
NO MEDICAL-HEALTH ADVICE: YOU, the USER of THE COMPANY'S WEBSITE,
understand that data/information contained on or made available through our
Website is not intended to be, and does not constitute, MEDICAL OR HEALTH
advice. Our Website, and your use of it, does not create a physician-patient
relationship. THE COMPANY does not warrant or guarantee the accuracy, adequacy,
or recency of the data/information contained in or linked to our Website or in
any related material(s).
NO FINANCIAL ADVICE: YOU, the USER of THE COMPANY'S WEBSITE,
understand that data/information contained on or made available through our
Website is not intended to be, and does not constitute, FINANCIAL OR INVESTING
advice. Our Website, and your use of it, does not create an advisor-client
relationship. THE COMPANY does not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to our Website or in any
related material(s).
DISPUTES AND ARBITRATION:
DISPUTES: Any cause of action by YOU, the USER, with respect
to THE COMPANY'S WEBSITE must be instituted within one (1) year after the cause
of action arose or be forever waived and barred.
BINDING ARBITRATION: The USER expressly agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether
in contract, tort or, otherwise) arising out of use of THE COMPANY'S WEBSITE or
the products, services, or offerings THE COMPANY promotes or recommends (herein
after THE OFFERINGS).
APPLICABLE RULES: The USER agrees that this Binding Arbitration
shall be conducted pursuant to the rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the American Arbitration
Association. Information about the American Arbitration Association, its rules,
and its forms are available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. The Arbitration hearing will
take place in the city or county of THE COMPANY.
APPLICABLE LAW: The USER agrees that the applicable law to be
applied shall be that of the state of THE COMPANY (the state of New Jersey in
the United States of America). In no case shall the BUYER have the right to go
to a court of law or have a jury trial whether at the US Federal or State level.
The USER agrees to engage in pre-trial discovery only as provided in the rules.
The USER will not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to arbitration.
JURISDICTION AND VENUE: The arbitrator's decision will be final
and binding with limited rights of appeal. If any matter concerning this purchase
shall be brought before a court of law, pre-or-post-arbitration, the USER agrees
to that the sole and proper jurisdiction to be the city and state (Marlton, NJ)
declared in the contact information of THE COMPANY. In the event that litigation
is in a federal court, the proper court shall be the closest federal court to
THE COMPANY'S address published on their website(s).
COSTS OF ARBITRATION-COURT: The prevailing party to any
arbitration or litigation will be shall be reimbursed by the other party for
any and all costs of the arbitration or litigation, including but not limited
to attorney fees, filing fees, investigation fees, collection fees, travel
expenses, and any other reasonably related costs.
ARBITRATION - INDIVIDUAL: All claims shall be arbitrated on
an individual basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party.
INDEMNIFICATION: The USER agrees to indemnify THE COMPANY
for any and all damages that the USER causes by using the ITEMS, the information
in any sales or promotional materials, or on THE COMPANY'S website(s) that
results in a damage award against THE COMPANY.
DISCOVERY: THE COMPANY reserves the right to investigate
complaints or reported violations of these Terms of Service and Conditions
of Use. THE COMPANY reserves the right to take any action we deem appropriate,
including but not limited to reporting any suspected unlawful activity to law
enforcement officials, regulators, or other authorities and disclosing any
data necessary or appropriate to such persons or entities relating to your
email addresses, usage history, IP addresses (via web-form), traffic data,
and other "personally identifiable" information.
RESOLUTION: Any legal claim arising out of or relating to
these Terms of Service and Conditions of Use or our Website, excluding
intellectual property right infringement and other claims by THE COMPANY,
shall be settled confidentially through mandatory binding arbitration per
the American Arbitration Association Commercial Arbitration rules.
GOVERNING LAW:
JURISDICTION: This Agreement governing Terms of Service and
Conditions of Use shall be treated as though it was executed, set in force,
and performed in the State of New Jersey. Accordingly, it shall be governed
and construed in accordance with the laws of New Jersey in terms of those
applicable to agreements, without regard to conflict of law principles.
MODIFICATION: This Agreement cannot be modified in any manner
between the COMPANY and the USER. Neither the course of conduct between the
parties nor industry trade practice shall act to modify any provision of this Agreement.
ASSIGNABILITY: THE COMPANY may assign its rights and duties
under this Agreement to any other party (including THIRD PARTIES) at any time
without advance notice to you, the USER.
SEVERABILITY: THE COMPANY has prepared this Agreement and all
of its policies and legal-administrative notices in good faith. Should any
part of these Terms of Service and Conditions of Use be held invalid or
unenforceable by an authority, that portion shall be construed as much as
possible consistent with the applicable law. Severability shall apply to the
remaining portions, so that they remain in full force and effect.
INDEMNIFICATION: You, the USER or the BUYER, agree to indemnify,
defend, and hold harmless THE COMPANY'S Website, its members, officers, directors,
employees, agents, licensors, suppliers, and any THIRD PARTY information providers
to our Website from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any use of our Website or violation
of this Agreement (including negligent or wrongful conduct) by , the USER, or any
other person accessing our website.
VIOLATION: If you, the USER or the BUYER, violate any of these
terms or conditions, your permission to use the content automatically terminates.
Additionally, you must immediately destroy any copies you have made of THE
COMPANY'S ITEMS or PROPERTY.
WAIVER OF BREACH: The COMPANY'S waiver (failure to enforce)
any term(s) of this Agreement with the USER shall not be construed as a
modification or an amendment to this agreement or constitute a waiver of
other breaches or of the right to enforce other provision(s).
TERMINATION: This Agreement, in whole or in part, may be
terminated by THE COMPANY without notice at any time for any reason. The
provisions of this Agreement as it pertains to time periods prior to its
termination shall survive any termination of this Agreement, in whole or
in part. THE COMPANY'S rights under these Terms of Service and Conditions
of Use shall survive any termination of this agreement.
THIS AGREEMENT PREVAILS: To the extent that anything in
or associated with THE COMPANY'S Website is in conflict or inconsistent
with these Terms of Service and Conditions of Use, these Terms of Service
and Conditions of Use shall take precedence (except for the "Purchase Agreement"
which is the primary agreement).
ALL RIGHTS RESERVED: Any rights not expressly granted herein
are reserved to THE COMPANY.
CHANGE NOTICE: As with any of THE COMPANY'S Website Policy
pages, the contents of this page can and will change over time. This page
could read differently as of your very next visit. These changes are made
by THE COMPANY in order to protect both the USER and the COMPANY. If this
page is important to you, you should check back frequently as no other notice
of changed content will be provided either before or after the change takes effect.
COPYRIGHT WARNING: The legal notices and administrative pages
on this website have been reviewed by an attorney. We at THE COMPANY have paid
to license the use of these legal notices and administrative pages on this
website for your protection and ours. This material may not be used in any way
for any reason and unauthorized use is policed to detect violators.