Effective: September 28, 2022
The use of this website and services on this website provided by Stacy Quast (hereinafter referred to as “Company”) are subject to the following Terms and Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
This Agreement sets forth the terms and conditions that apply to the use of this Website by the User. By using this Site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User’s password(s), if any. User acknowledges that, although the Internet is generally a secure environment, sometimes there are interruptions in service or events that are beyond the control of Company, and Company shall not be responsible for any data lost while transmitting information on the Internet.
Company shall have the right at any time to change or discontinue any aspect or feature of the Website and/or Services, including, but not limited to, content, hours of availability and equipment needed for access or use.
The parties referred to in this Agreement shall be defined as follows:
- Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Stacy Quast, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees an affiliates of the Company.
- You, the User, the Client:
- In these terms and conditions, User or Users means any third party that accesses the Website and is not either
- employed by Stacy Quast and acting in the course of their employment or
- engaged as a consultant or otherwise providing services to Stacy Quast and accessing the Website in connection with the provision of such services.
- You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
- You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
- In these terms and conditions, User or Users means any third party that accesses the Website and is not either
- Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
Assent and Acceptance
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
By visiting our Website and/or using our Services, you engage in our Services and agree to be bound by this Agreement. By using our Services, you agree to be bound by these terms and conditions. This is a legally binding agreement. You acknowledge that your use of the Website and Services constitutes the use of an electronic signature. Your use of the Website and Services after your initial acceptance, even if these Terms of Service change, demonstrates your continued acceptance of these Terms. These Terms apply to all users of the websites, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
License to Use Website
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
Intellectual Property and Acceptable Use
All content on the Website, unless uploaded by Users, in the property of the Company, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locations (URLs), without express written permission from the Company. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
You may, for your own personal, non-commercial use only, retrieve, display, and view the Content on a computer screen.
In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You public, upload, or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.
If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of the Company.
You may share intellectual property from the websites only if it is openly accessible to the general public (such as in a newsletter, on a blog, in a free video, or on a social media page), and if you share this intellectual property, it must be credited to the Company and/or the Company’s Owner and contain a valid link to the Website (www.stacyquast.com), the proper affiliate website of the Company and/or the Company’s Owner, and/or social media page(s) belonging to the Company and/or Owner, such as www.instagram.com/stacy_quast.
If you have accessed material from the websites by purchasing a product or participating in a course or Program(s), use of the materials is subject to restrictions set out in these terms and conditions.
You may view, download for caching purposes only, and print pages from the websites for your own use, such as in personal study. The materials provided in products, courses, and Program(s) may be utilized for reference in your personal practice or business-related practice of astrology or offering coaching / counsel.
Without express written permission from the the Company you may not:
- republish or redistribute any material from the Website;
- sell, rent or sub-license any material from or access to the Website;
- attribute authorship of material from the Website to anyone other than the Company or Owner;
- teach, mentor, or train students using material on the Website without the express written approval from the Company or Owner;
- reproduce, duplicate, copy or otherwise use material on the Website for any purpose; or
- edit or otherwise modify any material on the Website.
No content from the Website, products, courses, or Program(s) may be shared or sold without obtaining express written consent from the Company.
If you violate any of these intellectual property rights, your permission to access and/or use content, materials, and the websites, automatically terminates and you must immediately destroy any copies you have made of the materials and content. The Company may take action as it deems appropriate, including canceling your access to the websites, blocking your access to the websites, blocking computers using your IP address from accessing the websites, contacting your internet service provider to request that your access to the websites be blocked, and/or bringing court proceedings against you.
Copyright and Trademarks
Everything located on or in this Website, is the exclusive property of Company, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF COMPANY IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and / or criminal penalties.
The Website contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download / print / save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or any other website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
User shall not upload, post or otherwise make available on this Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The Company does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid the User in determining whether the material in question is
copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store, or reproduce the material for that end user’s personal use. User hereby grants the Company the right to edit, copy, publish, and distribute any material made available on this Website by the User.
The foregoing provisions apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
By posting communications on or through this Website, the User shall be deemed to have granted to the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.
As a User of the Website or Services, you may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. you are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Beginning at the time you sign this document and for any time thereafter, you agree not to disparage, denigrate, defame, or portray in a negative light the Company and/or its affiliates, including, but not limited to: Stacy Quast, stacyquast.com, Align with your Truth LLC, its Owner, Collaborators, and other participants in the Program(s) and/or courses. You will not encourage others to disparage, denigrate, defame, or portray in a negative light the Company and/or its affiliates, including, but not limited to: Stacy Quast, stacyquast.com, Align with your Truth LLC, its Owner, Collaborators, and other Program Participants. For the purposes of this Agreement, the term ‘disparage’ includes without limitation comments or statements made in any matter or medium about The Company, Owner, or Collaborators, and other participants in the Program(s) and/or courses which would adversely affect any manner of the conduct of the business of the Company, without limitations to the Company’s business plans or prospects or the business reputation of the Company.
You agree that neither you nor anyone acting on your behalf will publish, post, or otherwise release any material in oral, written, or electronic format, make speeches, gain interviews, or make public statements that mention the Company, its operations, the Owner, clients, employees, Collaborators, or services without explicit prior written consent of the Company.
You shall not at any time disclose to anyone any information regarding the Company, its Owner, and Collaborators, which is non-public, confidential, or proprietary. The Company does not waive any right it has to protection of trade secrets or against unfair competition or disclosure of confidential information by you.
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause.
You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
To the extent which you access material through the Website by logging in to a user account, you are prohibited from sharing with others your login information or the materials made available to you through your account. Accounts are single-user only. If any restrictions are violated, the Company may disable your user account at its sole discretion and without notice or explanation.
You may not use the Website for any of the following purposes:
- In any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- Making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner;
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
In the event you breach these terms and conditions in any way, the Company has the right to take action as it deems appropriate, including canceling your access to the websites, blocking your access to the websites, blocking computers using your IP address from accessing the websites, contacting your internet service provider to request that your access to the websites be blocked, and/or bringing court proceedings against you.
Affiliate Marketing and Advertising
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of The Company or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Third Party Content
The Website, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information orcontent expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Company employee spokespersons while acting in official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a user’s reliance on information obtained through the Website. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Website.
The Website contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party sites. The Company hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Websites. If User decides to access linked third-party Web sites, User does so at his/her/its/their own risk.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and Security
When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Through Your use of the Website and Services, You may provide Us with certain information. By signing up for and/or purchasing any Services on the Website, you agree for your email address to be added to the Company’s newsletter list. You can at any time opt out of this to stop receiving emails. Your email address will never be shared, sold or used by third-party representatives.
By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
- Information We May Collect or Receive. When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our Website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Company will store information about You for thirty (30) days. After that time, it will be deleted.
When you visit the website, we may collect the following data:
- Your IP address.
- Your contact information and email address.
- Other information such as interests and preferences.
- Data profile regarding your online behavior on our website.
We are collecting your data for several reasons:
- To better understand your needs.
- To improve our services and products.
- To send you promotional emails containing the information we think you will find interesting.
- To contact you to fill out surveys and participate in other types of market research.
- To customize our Website according to your online behavior and personal preferences.
The Company is committed to securing your data and keeping it confidential. The Company has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online as described in this Agreement.
The data we collect by using cookies is used to customize our Website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.
Please note that cookies don’t allow us to gain control of your computer in any way. They are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.
If you want to disable cookies, you can do it by accessing the settings of your internet browser. You can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices.
It is your responsibility to protect the use and collection of your personal data. If you wish to restrict the use and collection of your personal data, you may try doing the following:
- When you are filling the forms on the website, make sure to check if there is a box which you can leave unchecked, if you don’t want to disclose your personal information.
- If you have already agreed to share your information with us, feel free to contact us via email and we will be more than happy to change this for you.
Assumption of Risk
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
All services and educational products from the Company are not intended as a replacement for psychotherapy or medical care. The Company does not assume responsibility for how the User chooses to apply the suggestions provided throughout any of its Services and the Website. Additionally, the ideas, procedures and information offered do not constitute a replacement for a consultation with a licensed mental health practitioner or physician, and do not claim to cure any disease. Astrological Consultations should not be used in place of professional medical and psychological treatment. This material may not be used to treat or diagnose any particular person or condition.
Company shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by the Company, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of an product information, and You acknowledge and agree that You purchase such products at Your own risk. For goods and services sold by others, the Company assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety or legality of these products. For any claim You may have against the manufacturer or seller with the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Company. You hereby release the Company from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.
Prices for the Services the Services are in U.S. tender and subject to change without notice.
We reserve the right to refuse any request for enrollment you submit to us. We may, at our sole discretion, limit or cancel workshops, classes, or other Services purchased per person, per household, or per order.
You agree to provide current, complete and accurate purchase and account information for all purchases made with the Company. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Your credit card information is always encrypted during transfer over networks.
If full payment for the product, course, or Program(s) you have purchased is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to Us. If We do so after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us, and You preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner via e-mail at firstname.lastname@example.org.
Your satisfaction with your Programs, Products, Site, Subscriptions, Memberships, Services and Program Materials is important to us. Due to the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Site, Subscriptions, Memberships, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, Site, Subscriptions, Services and Program Materials, and no refunds will be provided to you at any time.
There are no refunds on one-on-one sessions, programs, session packages, courses or any digital products. We want to be clear in stating this as to empower you regarding this purchase decision. By purchasing on this Website, you agree and have entered into a legally binding agreement of exchange with the Company. Not honoring these Terms may result in legal action and/or a permanent lifetime ban from future purchases with the Company. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
Reverse Engineering and Security
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code of software from or on the Website or Services;
- Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline. While we use online technology to protect sensitive information transmitted online, we also protect your information offline. Using a third-party shopping cart, our employees do not have direct access to your credit card information. The computers / servers in which we store personally identifiable information are kept in a secure environment operated by Squarespace and Paypal.
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Third-Party Links and Content
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
Modification and Variation
- To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website. No waiver by either Party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Term, Termination and Suspension
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT USER’S SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE COMPANY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROSITES. THIS WEBSITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF
LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THEDEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. IN NO EVENT SHALL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE AND THE MICROSITES.
Any online facilities, tools, services or information that the Company makes available through the Website is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The company is under no obligation to update information other Website.
While the Company uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
The Company accepts no liability for any disruption or non-availability of the Website.
The Company reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation on Liability
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or
Services, to the fullest extent permitted by law.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON ITS THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY THE COMPANY. MOREOVER, THE COMPANY RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, PROHIBIT ANY AND ALL CONTENT THAT IT, THE COMPANY, DEEMS UNSUITABLE.
Nothing in these terms and conditions will: (a) limit or exclude Our or Your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude Our or Your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of Our or Your liabilities in any way that is not permitted under applicable law.
To the extent that the Website and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, the Company accepts no liability for any of the following:
- Any business losses, such as loss of profits, income revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- Loss or corruption of any data, database or software;
- Any special, indirect or consequential loss or damage.
Any claims arising in connection with your use of the Website and/or Services must be brought within one (1) year of the date of the event giving rise to such action occurred and/or as permitted by applicable statutory law.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Company shall not be liable for any damages to the User’s equipment resulting from the use of this Website.
- LANGUAGE: All communications made or notices given pursuant ot this Agreement shall be in the English language.
- JURISDICTION, VENUE and CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Texas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Travis County, Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBIRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Travis County, Texas. The arbitration shall be conducted by a single arbitrator, and such
arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of the State of Texas. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- SEVERABILITY: If any part of sub-part of this agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- NO WAIVER: in the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part of sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or facsimile. For any questions or concerns, please email Us at the following address: email@example.com
- TRANSFERABILITY: You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- VARIATIONS: These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the ten-current version.
Effective: September 28, 2022