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BeyondReiki.com TERMS OF SERVICE
Last Updated: January 04, 2008
1. Acceptance of Terms
BeyondReiki.com (collectively, "we", "our", or "us")
provide our Internet sites and the content, products and services offered
on or through those sites (collectively, the "Services"), to
you subject to the following Terms of Service ("TOS"). Your
use of the Services in whole or in part constitutes your binding acceptance
of these TOS. If you do not agree to these TOS, you should not use the
Services. Some Services may be subject to additional posted rules, policies
and terms. When you use those Services, you and we shall be subject to
those additional conditions, which are incorporated by reference into
these TOS (and, consequently, form part of your agreement with us). Other
Services may be governed by different usage terms (for example, different
usage terms may apply to third party payment processors). In the event
of an inconsistency between these TOS and any additional posted conditions
or separate usage terms, the provisions of the additional conditions and/or
separate usage terms shall control. Because we may modify all or any part
of these TOS from time to time without notice to you, you should check
back often so you are aware of your current rights and responsibilities.
Your continued use of a given Service after changes to the TOS have been
published on that Service constitutes your binding acceptance of the updated
TOS. If at any time the TOS are no longer acceptable to you, you should
immediately cease all use of the Services.
2. Description of Services
The Services include a combination of content that we create and that
other third party content suppliers create. The appearance or availability
of links to third party sites on or through the Services does not constitute
an endorsement by us with respect to the content, advertising, products,
or other materials available on or from such sites. You further understand
and agree that the Services may include certain communications from us
(such as administrative messages and certain newsletters), and that these
communications are considered part of the Service. Unless explicitly stated
otherwise, any new features that augment or enhance the current Services
shall be subject to the TOS. Finally, you are responsible for obtaining
access to the Services and that access may involve third party fees (such
as Internet service provider or airtime charges). In addition, you must
provide and are responsible for all equipment necessary to access the
Services.
3. General Rules of Conduct
Your use of the Services is subject to all applicable local, state, national
and international laws and regulations, and you agree not to violate such
laws and regulations. In addition, you agree that:
you will not interfere with another member's use and enjoyment of the
Services; you will not interfere with or disrupt the security measures
of the Services; you will not interfere with or disrupt networks connected
to the Services, and will comply with all regulations, policies and procedures
of such networks; and
you will comply with United States law regarding the transmission of technical
data exported from the United States.
You further agree that you will not use the Services to:
send or result in the transmission of junk e-mail, chain letters, duplicative
or unsolicited messages, or so-called "spamming"; harm minors
in any way; promote or generate revenue for any business or commercial
purposes, whether or not for a charge or through linking with any other
web services or pages, unless authorized by us; impersonate any person
or entity; intentionally or unintentionally violate any applicable local,
state, national or international law; "stalk" or otherwise harass
another; or
collect or store personal data about other users.
4. BeyondReiki.com's Proprietary Rights
All Services software, design, text, images, photographs, illustrations,
audio and video material, artwork, graphic material, database, proprietary
information and all copyrightable or otherwise legally protectible elements
of the Services, including, but not limited to, the selection, sequence
and 'look and feel' and arrangement of items, and all trademarks, service
marks and trade names, excluding any of your Postings (individually and/or
collectively, "Material"), are the property of us. You may not
reproduce, modify, create derivative works from, display, perform, publish,
distribute, disseminate, broadcast or circulate to any third party (including,
without limitation, on or via a third party web site), or otherwise use,
any materials contained on the Services without the express prior written
consent from us. In particular, you may not frame any Material without
the express prior written consent from us. You must not alter, delete
or conceal any copyright or other notices contained on the Services, including
notices on any Material you download, transmit, print or reproduce from
the Services. Any unauthorized or prohibited use of any Material, may
subject you to civil liability or criminal prosecution, or both, under
applicable federal and state laws. You further agree not to access the
Service by any means other than through the interface that is provided
by us for use in accessing the Service.
5. Directories and Other Membership Listings
Some of our Services allow users to make some of their personal information
(including, but not limited to, name, company affiliation and job title)
available to other visitors as part of a membership directory or other
listing for that Service. Please remember: If you do not want certain
information to be available to other Service users, you should not include
it in any membership directory listing. As with all other content on the
Services, we reserve the right to refuse (or remove) listings in our sole
discretion, and without prior notice, if we determine that they are inaccurate,
were posted without authorization, or otherwise violate these TOS.
6. Promotions
Some of our Services may from time to time conduct promotions, including,
but not limited to, auctions, contests and sweepstakes ("Promotions").
Each Promotion will have additional terms, conditions and rules which
will be posted or otherwise made available to you and, for purposes of
each Promotion in which you participate, will be deemed incorporated by
reference into these TOS (and therefore a part of your agreement with
us).
7. Registrations Obligations
Some of our Services require that you register with that Service in order
to access or use it. If such registration is required, you agree that
you will provide accurate information (such as your real name and a valid
e-mail address) and will update your relevant information if it becomes
outdated. If you provide any information that is, or that we in our reasonable
discretion determines may be, untrue, inaccurate, not current or incomplete,
we have the right, without prior notice, to suspend or terminate your
account and refuse any and all current or future use of the Services (or
any portion thereof). For more detailed information about how we treat
the registration information you provide to us, please see our Privacy
Policy, which is incorporated by reference into these TOS (and therefore
a part of your agreement with us).
8. Passwords and Other Security Issues
If we issue you a password, you agree to help protect your information
by guarding that password, and by changing it as soon as possible if you
believe its security has been compromised. If we allows you to choose
a username and you select, in our sole discretion, one that is obscene,
indecent, abusive or which is otherwise objectionable, we have the right,
without prior notice to you, to automatically change your username, delete
your Postings under it, deny you access to the Services, or any combination
of these options. You may not transfer your registration, password or
user name to another person or share it with anyone. We will not be responsible
for any loss or damage that may result if you fail to comply with these
requirements. If you believe your information has been used without your
authorization, you agree to notify us immediately.
9. Privacy Policy
We respect your privacy. We are the sole owner of the information collected
on this site. We will not sell, share, disclose or rent any of your personal
information to third parties or others in ways different from what is
disclosed in this statement.
We respect the privacy of all who visit our website. We do not collect
personal information without your knowledge. Information gathered for
processing orders is not permanently stored on our website. We collect
personal information from visitors who subscribe to our newsletter. Our
subscribtion service offers an opt-out for those who wish to no longer
recieve the newsletter.
We track the number of visitors to our site and retain aggregate statistics
about this. We use this aggregate statistical data to help improve our
website.
Links
This website contains links to other sites. Please be aware that we are
not responsible for privacy practices of such other sites. We encourage
you to read the privacy statements of each and every website that collects
personally identifiable information. This privacy statement applies solely
to information collected by this website.
Cookies
Cookies are small text files written to your computer. Cookies provide
security in a session and are dependent on a user's session (the interval
between entering and leaving our Services). The information we track with
cookies is anonymous and is not used to identify, lead us back to, or
track, any visitor.
10. Service Deactivation or Termination
We have the right, but not the obligation, to take any of the following
actions in our sole discretion at any time and for any reason without
giving you any prior notice:
Restrict, suspend or terminate your access to all or any part of our Services;
Refuse, move or remove for any reason any material that you submit on
or through the Services;
Refuse, move, or remove any content that is available on or through the
Services;
Establish general practices and limits concerning use of the Services
We may take any of the above actions for any legitimate reason, as determined
by us in our sole discretion, including, but not be limited to, (a) breaches
or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a request
by you, (d) discontinuance or material modification to the Services (or
any part thereof), and (e) unexpected technical or security issues or
problems. You agree that we will not be liable to you or any third party
for taking any of these actions.
11. Indemnification
You hereby agree to indemnify, defend and hold us, our subsidiaries, and
all of their respective officers, directors, owners, employees, agents,
licensors, representatives, licensors and suppliers (collectively, the
"our Parties"), harmless from and against any and all liability,
losses, expenses, damages and costs (including attorneys' fees), incurred
by any our Parties in connection with any claim arising out of your use
of the Services, any use or alleged use of your accounts or your passwords
by any person, whether or not authorized by you, the content you submit,
or make available through the Services, your violation of these TOS, your
connection to the Services, or your violation of the rights of any other
person or entity.
We reserve the right to assume, at our sole expense, the exclusive defense
and control of any claim, action or other matter for which you are required
to indemnify us, and all negotiations for settlement or compromise thereof,
and you agree to fully cooperate with us in the defense of any such claim,
action, settlement or compromise negotiations, as requested by us.
12. MEDICAL DISCLAIMER
SOME INFORMATION PROVIDED BY THE SERVICES IS MEANT TO SUPPLEMENT OR SUPPORT
CURRENT MEDICAL PRACTICES. IT IS NOT INTENDED TO DIAGNOSE OR TREAT ANY
MEDICAL CONDITION NOR REPLACE THE SERVICES OF A PHYSICIAN. INFORMATION
PROVIDED BY THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND
IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD CONSULT
A PHYSICIAN IN ALL MATTERS RELATING TO YOUR HEALTH, AND PARTICULARLY IN
RESPECT TO ANY SYMPTOMS THAT MAY REQUIRE DIAGNOSIS OR MEDICAL ATTENTION.
WE ARE NOT LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE RESULTING FROM USE OF
THE INFORMATION PROVIDED BY THE SERVICES.
13. Disclaimers of Warranties
THE SERVICES, AND MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE
ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY
REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR
ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED
OR ERROR FREE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS
WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED.
IN ADDITION, ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH
OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. Without
limiting the foregoing, we are not responsible or liable for any malicious
code, delays, inaccuracies, errors, or omissions arising out of your use
of the Services. As between you and us, you are assuming the entire risk
as to the quality, accuracy, performance, timeliness, adequacy, completeness,
correctness, authenticity, security and validity of any and all features
and functions of the Services, including, without limitation, postings
and materials associated with your use of the Services. Under no circumstances
shall any we be liable for any loss or damage caused by your reliance
on information obtained through the Services. It is your responsibility
to evaluate the information, opinion, advice, or other content available
through the Services.
14. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER
ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM
THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME,
REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC
LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH
DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION
WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE
THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN
NO EVENT SHALL THE TOTAL LIABILITY OF FROM US TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00).
Notwithstanding any claim that a sole or exclusive remedy which is provided
in this agreement may or does fail of its essential purpose, you specifically
acknowledge and agree that your sole and exclusive remedy for any loss
or damage shall be to have us, upon written notice from you to us, attempt
to repair, correct or replace any deficient Service and, if repair, correction
or replacement is not reasonably commercially practicable for us, in our
sole discretion, to refund any monies actually paid by you for the Service
involved and to terminate and discontinue your use of the Services.
15. Copyright © Information
All materials contained on this site, including text, graphics, icons,
still and moving images, sound recordings, musical compositions, audiovisual
works and software, are the property of BeyondReiki.com or its content
suppliers and are protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive property
of us. You may not reproduce, modify, distribute or republish materials
contained on this site (either directly or by linking) without our prior
written permission. You may not alter or remove any trademark, copyright
or other notice from copies of content.
You may, however, download material from the site (one machine readable
copy and one print copy per page) for your personal, noncommercial use
only. We reserve all rights in and title to all material so downloaded.
All trademarks, service marks, trade names, trade dress and logos appearing
on the site are the property of their respective owners, including in
some instances us.
16. Miscellaneous
General. This site is created, controlled and operated by us in the USA,
and is intended solely and exclusively for residents of the United States,
its territories and possessions who are at least 13 years of age or older.
If you choose to access this site from another location, you are responsible
for complying with local laws, if and to the extent that local laws apply.
Entire Agreement. These TOS, including the policies referred to in these
TOS, constitute the entire agreement between you and us and govern your
use of the Services, superceding any prior agreements between you and
us. As noted above, you also may be subject to additional terms and conditions
that may apply when you use or purchase certain other services, affiliate
services, third-party content or third-party software. These TOS cannot
be changed or terminated orally. Notice. We may be required by state or
federal law to notify you of certain events. You hereby acknowledge and
consent that such notices will be effective upon our posting them on or
through the Services or delivering them to you through email. You may
update your email address by visiting the Services where you have provided
contact information. If you do not provide us with accurate information,
we cannot be held liable if we fail to notify you.
Assignment. You agree that the TOS may be automatically assigned, in whole
or in part, by us to a third party, in our sole discretion, in connection
with a merger, acquisition, reorganization or sale of substantially all
of our assets, in whole or in part.
Choice of Law and Forum. The formation, construction and interpretation
of this agreement shall be controlled by the laws of the Commonwealth
of Pennsylvania, giving no effect to choice of law provisions. The U.N.
Convention of Contracts for the International Sale of Goods is expressly
excluded from any interpretation of this Agreement. Any dispute relating
to this agreement shall be subject to the exclusive jurisdiction of the
state courts in Montgomery County, Pennsylvania, U.S.A., or the federal
courts of Philadelphia, Pennsylvania, and the parties agree to submit
to the personal and exclusive jurisdiction of these courts.
No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this TOS, there shall be no third party beneficiaries to this
Agreement.
Waiver and Severability of Terms.
The failure of us to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision
of the TOS is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Customs, Duties, and Taxes
BeyondReiki.com is a Pennsylvania entity and collects state's sales tax
on all orders that are shipped to Pennsylvania. BeyondReiki.com does not
collect any local sales tax. It is the your responsibility to pay sales
tax, or any other tax, to any entity that levies taxes in your jurisdiction.
Orders for shipment to countries outside of the U.S. may be subject to
taxes, customs duties and fees levied by the destination country. The
recipient of the shipment is the importer of record in the destination
country and is responsible for all Import Fees. Additional charges for
customs clearance are borne by the recipient; BeyondReiki.com has no control
over these charges and cannot predict what they may be. Customs policies
vary widely from country to country; you should contact your local customs
office for further information. to country; you should contact your local
customs office for further information.
17. Violations
We respect the intellectual property of others, and we ask our users to
do the same. If you believe that content you own has been copied and made
accessible in a manner that violates your intellectual property rights,
please contact us immediately.
BeyondReiki.com
P. O. Box 62
Blue Bell, PA 19422
215.653.0339
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