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DIVINE LIVING SERVICES TERMS AND
AGREEMENT(S)
TERMS/AGREEMENTS
By using our Site(s) you
agree to be bound by the terms set forth herein.
We may make changes to
the Site, these Terms of Use, or the policies and conditions that govern the
use of the Site at any time. We encourage you to review the Site and these
terms periodically for any updates or changes.
Your continued access or
use of the Site shall be deemed your acceptance of these changes and the
reasonableness of these standards for notice of changes.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site, to
understand our practices.
ELECTRONIC
COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with
you by e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
checkout form for your account information (the "Account
Information") and (b) maintain and promptly update the Account Information
to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, we may
suspend or terminate your account and refuse any and all current and future use
of the Site. Account Information and
certain other information about you is subject to our Privacy Policy.
You will create a
password and account designation when you have completed the Account
Information. You are responsible for maintaining the confidentiality of the
password and account and are fully responsible for all activities that occur
under your password or account. You
agree to immediately notify us of any unauthorized use of your password or
account or any other breach of security.
YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other
user from using or enjoying the Site will not be permitted. You agree to use
the Site only for lawful purposes. You are prohibited from posting on or
transmitting through the Site any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
fraudulent, racially, ethnically, or otherwise objectionable material of any
kind, including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law.
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access
the Site by any means other than through the interface that is provided by us
for use in accessing the Site.
SITE CONTENT
You acknowledge that the Site contains information, data, software, photographs,
graphics, videos, text, images, typefaces, sounds, and other material
(collectively "Content") that are protected by copyrights,
trademarks, or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter
developed.
All Content is
copyrighted as a collective work under the International copyright laws, and we
own a copyright in the selection, coordination, arrangement, and enhancement of
such Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the transfer
or sale of, create derivative works from, or in any way exploit any of the
Content, in whole or in part.
If no specific
restrictions are displayed, you may make copies of select portions of the
Content, provided that the copies are made only for your personal, information
and non-commercial use and that you do not alter or modify the Content in any
way, and maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices.
Except as provided in
the preceding sentence or as permitted by the fair use privilege under the
United States of America copyright laws (see e.g. 17 U.S.C. Section 107), you
may not upload, post, reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining permission of the
owner of the copyright or other proprietary right.
In addition to the
foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software, if any.
COLOR/PRODUCT
DESCRIPTION
We have made every effort to display as accurately as possible the colors of
our products that appear at the Site. However,
as the actual colors you see will depend on your monitor, we cannot guarantee
that your monitor's display of any color will be accurate. We have attempted to be as accurate as
possible. However, we do not warrant
that the product descriptions are accurate, complete, reliable, current, or
error-free.
RETURNS/REFUNDS
If a (physical) good
offered by the Site is not as described, your sole remedy is to return it in
unused condition. There are no
returns/refunds on digital goods.
However, we will do everything within our means to retify any issue(s)
that may arise with any of our purchased e-goods.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO
USE THE SITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENETERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
YOU HEREBY ACKNOWLEDGE
THAT THIS TERM/AGREEMENT SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify
and hold us, and our subsidiaries, affiliates, officers, directors, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post to or transmit through the Site, your
use of the Site, your connection to the Site, your violation of the Terms of
Use, or your violation of any rights of another.
EXPORT
The United States of America export control laws regulate the export and
re-export of technology originating in the United States of America. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their
regulations - including but not limited to the Export Administration Act and
the Arms Export Control Act and not to transfer, by electronic transmission or
otherwise, any Content derived from the Site to either a foreign national or a
foreign destination in violation of such laws.
OUR RIGHTS
We may elect to electronically monitor areas of the Site and may disclose any
Content, records, or electronic communication of any kind (i) to satisfy any
law, regulation, or government request; (ii) if such disclosure is necessary or
appropriate to operate the Site; or (iii) to protect our rights or property or
the rights of the users, Sponsors, Providers, Licensors, or Merchants.
We are not responsible for screening,
policing, editing, or monitoring such Content. If notified of allegedly
infringing, defamatory, damaging, illegal, or offensive Content, we may
investigate the allegation and determine in our sole discretion whether to
remove or request the removal of such Content from the Site.
We may terminate your
access, or suspend your access to all or part of the Site, without notice, for
any conduct that we, in our sole discretion, believe is in violation of any
applicable law or is harmful to the interests of another user, a third-party
Provider, Merchant, Sponsor, Licensor, service provider, or us.
Because guest service is
paramount to our business, we reserve the right to refuse to sell products to
you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit
quantities of items purchased by each guest.
LINKS TO THIRD PARTYSITES
Occasionally, we may make available a link to a third party's web site. These
links will let you leave the Site. The linked sites are not under our control
and we are not responsible for the contents of any linked site or any link
contained in a linked site, or any changes or updates to such sites.
We are not responsible
for webcasting or any other form of transmission received from any linked site.
We provide the links to you only as a
convenience. We do not endorse the site
or its use or contents.
SUBMISSIONS
We are pleased to hear from our guests and welcome your comments regarding our
goods, services, and the Site.
You may post reviews of
products or services, comments, suggestions, or other material
("Submissions") so long as the content of your Submission is not
unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy,
obscene, profane, sexually explicit, fraudulent or otherwise objectionable or
injurious to third parties (including, but not limited to, any content that
encourages conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate applicable law).
You may not use a falsee-mail address, impersonate any person or entity, or otherwise mislead as to
the origin of your submission. We
reserve the right (but not the obligation) to monitor, edit and remove any
Submission but does not regularly review posted Submissions.
By posting or sending us
any Submission, you grant divinelivingservices.com, and its subsidiaries a
non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such Submission throughout the world in any
media. You also grant divinelivingservices.com,
and its subsidiaries the right to use the name you submit in connection with
such Submission.
By posting or sending us
a Submission, you represent and warrant that you own or otherwise control all
of the rights to the content in your Submission, that the content you provide
is accurate, and that use of the content in your Submission does not violate
this policy and will not cause injury to any person or entity. You agree to
indemnify divinelivingsservices.com, and its subsidiaries against all claims
and liabilities resulting from your Submission.
Divine Living Services.com, does not take any responsibility and assumes
no liability for any Submission posted by you or any other person or entity.
APPLICABLE LAW
We control the Site from our offices. We
make no representation that the Content in the Site is appropriate or available
for use in all locations International, and access to them from territories
where their content is illegal is prohibited. Those who choose to access the
Site from such locations do so on their own initiative and are responsible for
compliance with applicable local laws.
You may not use or
export the Content in violation of United States and/or International export
laws and regulations. Any claim relating
to the Site, the services provided through the Site or the Content shall be
governed by the above mentioned laws,
without reference to its choice of law provisions.
TERMINATION
These terms are effective until terminated by either party. If you no longer
agree to be bound by the Terms of Use, you must cease your use of the Site. Subject to applicable law, we reserve the
right to suspend or deny, at our sole discretion, your access to all or any
portion of the Site with or without notice. You agree that any termination of
your access to the Site may be effected without prior notice, and acknowledge
and agree that we may immediately deactivate or delete your account and all
related information and files in your account and bar any further access to
such files or the Site. Further, you agree that we shall not be liable to you
or any third-party for any termination of your access to the Site.
SHIPPING ADDRESS
To make any electronic purchases on the Site, you must have a valid email address.
SALES TAX
"Divine Living
Services.com is a common law private business.
Divine Living Services.com is individually owned by private persons.
As Divine Living
Services.com has not applied for corporation status for corporate privileges, and
is not a government collecting agency (state or federal) or
"employer" (as that term is defined and used in law) and therefore
does not charge sale tax on any of the items it sells.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and Divine
Living Services.com) and govern the use of the Site. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third-party
content or third-party software.
Our failure to exercise
or enforce any right or provision of the Terms of Use shall not constitute a
waiver of such right or provision.
If any provision of the
Terms of Use 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 Terms of Use remain in full force and effect. 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 Site or the Terms of Use must be filed within one year
after such claim or cause of action arose or be forever barred.
The section titles in
the Terms of Use are for convenience only and have no legal or contractual
effect.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the
same. If you have seen our works (content)
on another site or If you believe that your work has been copied and is
accessible on the Site in a way that constitutes copyright infringement, you
may notify us by providing our copyright agent the following information:
1. an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
2. a description of the
copyrighted work that you claim has been infringed, including the URL (i.e.,
web page address)
of the location where the copyrighted work exists or a copy of the copyrighted
work;
3. identification of the
URL or other specific location on the Site where the material that you claim is
infringing is located;
4. your address,
telephone number, and email address;
5. a statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
6. a statement by you,
made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our agent for notice of
claims of copyright infringement on the Site can be reached as follows:
Attn:
Administrations (Legal) Dept.
Divine Living Services.com
By email: admin@divinelivingservices.com
COPYRIGHT NOTICE
COPYRIGHT NOTICE.
Copyright © 2010 Divine
Living Services.com
All rights reserved. Any rights not expressly granted herein are
reserved.
Copyright © 2010 By Divine Living Services
No part of our publication(s) may be reproduced,
stored in a retrieval system, or transmitted in any form or by any means,
electronic, mechanical, photocopying, recording, scanning, or otherwise except
as permitted under the International Copyright Law(s) without either the prior
written permission of the Publisher and/or the Author, or authorization through
payment of the appropriate per-copy fee to the Publisher or Author directly on
the web email us: permissions@divinelivingservices.com.
Requests to the Author or Publisher for
permission should be submitted online here on the
contact us page. Simply submit your
request: include your - “who, what,
where, and why” answers for you need of permission to use the content.
With us this is
not a difficult process. We welcome your
inquiry for use and love to share what we have only received at a gift.
ServiceMarks, Trademarks, and Logos:
Divine
Living Services, Divine Mothering,
etc. and/or any of its affiliates may not be used without permission. All other trademarks are the property of
their respective owners.
Limit
of Liability (Disclaimer of Warranty):
While the Publisher and the Author have used
their best efforts in preparing their publications, they make no
representations or warranties with respect to the precision or completeness of
the contents of them and specifically disclaim any implied warranties or
merchantability or fitness for a particular purpose. No warranty may be created or extended by
sales representatives or written sales materials. These publications are for educational
purposes, they are not thoroughly detailed how-to manuals. You can visit the website with any further
questions.
As individuals we are all responsible and
liable for our decisions and actions. So for those who decide to use the
principles, strategies, and/or advice contained in our publications, must do so
at their own risk being fully liable, accountable, and responsible for their
decisions. Neither the Publisher
nor the Author(s) shall be liable for any loss of profit, personal or any other
commercial damages, including but not limited to special, incidental,
consequential, or other damages incurred through use or misuse of the advice
and/or contents in these publications.
FOR
MORE INFORMATION
On our other goods and services please continue to browse this site, also visit our Sharing House.
We also publish our content in other
formats. Some content appearing in
electronic (books) formats may not always be available in the audio or printed
book formats (soft or hard backs).
This
was last updated on September 21, 2009
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