| TERMS OF USE |
Everything Feng Shui operates this Site to provide online access to information
about Everything Feng Shui and the products, services, and opportunities we
provide (the “Service”). By accessing and using this Site, you agree to each of
the terms and conditions set forth herein (“Terms of Use”). Additional terms and
conditions applicable to specific areas of this Site or to particular content or
transactions are also posted in particular areas of the Site and, together with
these Terms of Use, govern your use of those areas, content or transactions.
These Terms of Use, together with applicable additional terms and conditions,
are referred to as this “Agreement.”
Everything Feng Shui reserves the right to modify this Agreement at any time
without giving you prior notice. Your use of the Site following any such
modification constitutes your agreement to follow and be bound by the Agreement
as modified. The last date these Terms of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or
other works that you see, hear or otherwise experience on the Site (singly or
collectively, the “Content”) solely for your non-commercial, personal purposes
and/or to learn about Everything Feng Shui products and services. No right,
title or interest in any Content is transferred to you, whether as a result of
downloading such Content or otherwise. Everything Feng Shui reserves complete
title and full intellectual property rights in all Content. Except as expressly
authorized by this Agreement, you may not use, alter, copy, distribute,
transmit, or derive another work from any Content obtained from the Site or the
Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by Australian and/or foreign copyright
laws, and belong to Everything Feng Shui or its partners, affiliates,
contributors or third parties. The copyrights in the Content are owned by
Everything Feng Shui or other copyright owners who have authorized their use on
the Site. You may download and reprint Content for non-commercial, non-public,
personal use only. (If you are browsing this Site as an employee or member of
any business or organization, you may download and reprint Content only for
educational or other non-commercial purposes within your business or
organization, except as otherwise permitted by Everything Feng Shui. With the
exception of the Sample Images, you may not manipulate or alter in any way
images or other Content on the Site without specific permission from Everything
Feng Shui or the copyright owner.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the
Site without permission from the trademark owner, except as permitted by
applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as
a convenience to you. If you use these links, you will leave the Site. Such
links do not constitute or imply an endorsement, sponsorship, or recommendation
by Everything Feng Shui of the third party, the third-party web site, or the
information contained therein. Everything Feng Shui is not responsible for the
availability of any such web sites. Everything Feng Shui is not responsible or
liable for any such web site or the content thereon. If you use the links to the
web sites of Everything Feng Shui affiliates or service providers, you will
leave the Site, and will be subject to the terms of use and privacy policy
applicable to those web sites.
5. Linking to this Site
If you would like to link to the Site, you must contact Everything Feng Shui.
Unless specifically authorized by Everything Feng Shui, you may not connect
“deep links” to the Site, i.e, create links to this site that bypass the home
page or other parts of the Site. You may not mirror or frame the home page or
any other pages of this Site on any other web site or web page.
6. Downloading Files
Everything Feng Shui cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection by software
viruses or other harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted work of
Everything Feng Shui and/or its licensors. Use of such software is governed by
the terms of the end user license agreement that accompanies or is included with
the software. Downloading, installing, and/or using any such software indicates
your acceptance of the terms of the end user license agreement.
Disclaimer of Warranties
Everything Feng Shui makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service
or the content. Everything Feng Shui expresslydisclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any
product or service furnished or to be furnished via the site. Everything Feng Shui does not warrant that the functions preformed by the site or the service
will be uninterrupted, timely, secure, or errpr-free, or that defects in the site or the service will be corrected. Everything Feng Shui does not warrant the
accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is”
and “as available” basis.
9. Limitation of Liability
In no event will Everything Feng Shui be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special,
exemplary or other indirect damages arising out of (I) the use of ot inability to use the site, the service, or the content, (II) any transaction conducted
through or facilitated by the site; (III) any claim attributable to errors,omissions, or other inaccuracies in the site, the service and/or the content,
(IV) unauthorised access to or alteration of your transmissions or data, or (V)any other matter relating to the site, the service, or the content, even if
Everything Feng Shui has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of
use, your sole and exclusive remedy is to discontinue using the site.
Because some States do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply
to you. In such States, Everything Feng Shui’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event,
exceed $100.00.
10. Indemnification
You understand and agree that you are personally responsible for your behaviour
on the Site. You agree to indemnify, defend and hold harmless Everything Feng
Shui, its parent companies, subsidiaries, affiliated companies, joint venturers,
business partners, licensors, employees, agents, and any third-party information
providers to the Service from and against all claims, losses, expenses, damages
and costs (including, but not limited to, direct, incidental, consequential,
exemplary and indirect damages), and reasonable attorneys’ fees, resulting from
or arising out of your use, misuse, or inability to use the Site, the Service,
or the Content, or any violation by you of this Agreement.
11. Privacy Policy
See Everything Feng Shui's Privacy Policy.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any
action that might compromise the security of the Site, render the Site
inaccessible to others or otherwise cause damage to the Site or the Content. You
agree not to add to, subtract from, or otherwise modify the Content, or to
attempt to access any Content that is not intended for you. You agree not to use
the Site in any manner that might interfere with the rights of third parties.
13. User Supplied Information
Everything Feng Shui does not want to receive confidential or proprietary
information from you via the Site. You agree that any material, information, or
data you transmit to us or post to the Site will be considered non-confidential
and non-proprietary. If you supply or post any information or material to the
Site, you guarantee to us that you have the legal right to post such material
and that it will not violate any law or the rights of any person or entity. By
posting material on the Site, you give Everything Feng Shui the royalty-free,
irrevocable, perpetual, worldwide right to use, distribute, display and create
derivative works from this material, in any and all media, in any manner, in
whole or in part, without any restriction or responsibilities to you.
14. Password Security
If you register to become a www.everythingfengshui.com.au member, you are
responsible for maintaining the confidentiality of your member identification
and password information, and for restricting access to your computer. You agree
to accept responsibility for all activities that occur under your member
identification and password.
15. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire
agreement of the parties with respect to the subject matter hereof. No waiver by
Everything Feng Shui of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical
errors or other errors or inaccuracies and may not be complete or current.
Everything Feng Shui therefore reserves the right to correct any errors,
inaccuracies or omissions and to change or update the Content at any time
without prior notice. Everything Feng Shui does not, however, guarantee that any
errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is
determined by a court of competent jurisdiction to be invalid or unenforceable,
it will not impact any other provision of this Agreement, all of which will
remain in full force and effect. Any and all disputes relating to this
Agreement, Everything Feng Shui’s Privacy Policy, your use of the Site, any
other Everything Feng Shui web site, the Service, or the Content are governed
by, and will be interpreted in accordance with, the laws of the State of New
York, without regard to any conflict of laws provisions.
© Copyright 2006, Everything Feng Shui. All rights reserved.
Date of Last Modification: January, 2007
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