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USE OF TERMS AGREEMENT |
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This Use of Terms Agreement (the "Agreement") is by and between:
Whereas, the date of the Agreement is the date the User accesses the Site to either visit, purchase, learn, browse, or use any of the information contained therein, and Whereas, the User represents that he or she has voluntarily accessed the Site and is either of legal age or supervised by an adult or authorized person to browse the Site, and Whereas, the content of the Site is proprietary in nature, the "Proprietary Information", and is the property of the Owner, and Whereas, the Owner has made the Proprietary Information available to the User for User's sole knowledge, curiosity, and entertainment, provided the User does not violate any of the copyright, patents, rights, or legal restrictions reserved for the Owner, and Whereas, the User agrees not to duplicate, copy, transfer, or use any system to process Proprietary Information contained in the Site, which is in in violation of any copyright law and rights reserved for the Owner, and Whereas, the Parties agree that the User's access to the Site, and Owner's consent for User's right to browse the Site, is an equal exchange and therefore sufficient "Consideration" for this Agreement. Whereas, the User agrees to be legally bound to and to abide by the following TERMS OF USE. Whereas, the Parties agree that the "Term" of this Agreement shall commence on the date of User's first access to Site, and shall terminate in perpetuity. Now Then, let is be know, that the Parties agree to be bound to the terms, content, and conditions of this Agreement. TERMS OF USE By accessing any areas of zodiacvibrations.com, users ("Users) agree to be legally bound and to abide by the terns set forth below. I. DISCLAIMERS AND LIMITATION OF LIABILITY User expressly agrees that use of zodiacvibrations.com is at User's sole risk. ZODIACVIBRATIONS.COM AND DVC PRODUCTIONS, INC., DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZODIACVIBRATIONS.COM AND DVC PRODUCTIONS, INC., WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES, NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ZODIACVIBRATIONS.COM AND DVC PRODUCTIONS, INC., NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY, NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. II. APPLICABLE LAW This site is created and controlled by zodiacvibrations.com and DVC Productions, Inc., in New York, New York. As such, the laws of the State of New York, will govern there disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws, DVC Productions, Inc. and zodiacvibrations.com reserve the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of New York for any litigation arising out of or relating to use of or purchase made through zodiacvibrations.com (and agrees not to commence any litigation relating thereof except in such courts), waivers any objection to the laying of venue of any such litigation in the Courts of the ?State of New York and agrees not to plead or claim in any Court of New York that such litigation brought therein has been brought in an inconvenient forum. III. SEVERALTY The Provision of these Terms of Use are intended to be several. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. IV. ACKNOWLEDGMENT The Terms of Use, including all documents referred herein, represents the entire understanding between you and zodiacvibrations.com (including DVC Productions, Inc.) regarding your relationship with zodiacvibrations.com (including DVC Productions, Inc.) and supersedes any prior statement or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the zodiacvibrations.com web site. The aforementioned Terms of Use are subject to change without notice. |
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