TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Traister Creative LLC d/b/a TraiStar™ (“Company “) may revise and update these Terms and Conditions at any time. Your continued usage of the Company website (“Company Site,” or the “Site,”) will mean you accept those changes.
The contents of the Company Site, such as text, graphics, images, information obtained from Company’s licensors, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Company Site.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
This Agreement is an electronic contract that establishes the legally binding terms you must accept when you subscribe to become a “Member” of and use the website www.TraiStar.com and/or newsletter(s) and/or other product(s) or service(s) available by subscription payment.
For purposes of this Agreement, the term “Member” means a person who has a username and password to access information on the website not available to non-members and participates in the Service as a paid subscriber. Upon Company receipt of your payment you get prompt access to all the information available on the member site at your membership level plus everything going forward.
For the Purpose of this Terms and Conditions, Service includes information on topic(s) related to planetary awareness and astrology in the form of blogs, articles, podcasts, videos, webinars, newsletters, eBooks and other media.
You also authorize Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by contacting Company through the site. If you fail to provide Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize Company to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
The Company Site reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that Company Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, Company Site reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
Company, will, upon request of any purchaser of an eBook Product or webinar series as stated on the acceptance form, return all funds paid for a particular eBook or webinar series if the request to return is made within 30 days of the purchase. Any request for refund made greater than thirty (30) from the date of sale shall be denied. Any request for refund made for a subscription Product shall be denied.
Company may provide links to third-party web sites. Company may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Company does not recommend and does not endorse the content on any third-party websites. Company is not responsible for the content of linked third-party sites, sites framed within the Company Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Company does not endorse any product, service, or treatment advertised on the Company Site.
You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
This Web site contains interactive areas which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features (the “Interactive Areas”). You grant to Company an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Web Site. Said license is without restrictions of any kind and without any payment due from Company to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Company a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in this section of the Terms and Conditions and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy , copyright, patent or other intellectual property right or any proprietary right.
THE COMPANY SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE COMPANY SITE OR COMPANY .
IN NO EVENT SHALL COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE COMPANY SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000. COMPANY, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE COMPANY SITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, CONTENT, OR COMPANY. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, ANY CONTENT, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
You and Company agree to resolve any claims relating to these Terms and Conditions through final and binding arbitration. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Palm Beach County, Florida, or any other location we agree to. The AAA rules will govern payment of all arbitration fees. The prevailing party is entitled to its attorneys fees and costs in arbitration and any subsequent actions to enforce the arbitration.
You expressly agree that exclusive jurisdiction for any dispute with Company , or in any way relating to your use of the Company Site, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If any authority imposes a duty, tax, levy or fee, excluding those based on Company’s net income, upon anything you purchase, lease or license (“Product”) from Company, you agree to pay the amount specified. You are responsible for any personal property taxes for the Product from the date it was acquired.
You will not ship, transfer or export the Product to any country, nor will you use the Product in any manner prohibited by the United States Export Administration Act or any other export laws national or international, restrictions or regulations that apply to the Product. You agree to indemnify and hold Company harmless for any violation of this provision.
Copyright © 2014, TraiStar™ and Its Licensors. All Rights Reserved.