Terms and Conditions of Use
AGREEMENT
These Terms and Conditions of Use (hereinafter “Terms”) will refer to and be applicable to the use and services on the website https://nextgenerationastrology.com (hereinafter the “Website”) and any products, information, documents, reports, workbooks, gift certificates, or company materials offered/provided by or on this Website or Page (hereinafter “Services”). Such Website may also refer to corresponding mobile applications should one be currently in use or hereinafter developed.
DEFINITIONS
The parties referred to in these Terms shall be defined as follows:
- COMPANY: As the creator, owner, operator, and publisher of the Website, The Gateway Group, LLC, doing business as Next Generation Astrology, and all its agents, employees, associates, partners, sub-contractors, affiliates, administrators, executors, heirs, assignees, and successors are hereinafter referred to as the “Company” and first-person pronouns, such as Us, We, Our, and Ours.
- YOU: You, as the user of the Website, are referred to throughout these Terms with second-person pronouns, such as You, Your, Yours, User, or Client.
- PARTIES: The individual parties to these Terms are the COMPANY and YOU and hereinafter individually referred to as “Party” and collectively as “Parties.”
ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read these Terms and that you agree to be bound by them. If you do not agree to be bound by these Terms, do not use the information on the pages of the Website or our Services and leave the Website immediately. The Company only agrees to provide use of this Website and Services to you if you assent to these Terms.
JURISDICTIONAL ISSUE
The Services offered on this Website are for use only by persons residing in jurisdictions where such Services may be legally sold. If you are accessing this Website from a jurisdiction where these Services are not eligible for legal sale, you should not consider anything on this Website as an offer to sell or as a solicitation to the public to purchase any Services from the Company. Due to the nature of the Internet, it is not possible for the Company to restrict access to our Website only to those jurisdictions in which our Services are eligible for legal sale. Those who choose to otherwise access this Website do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website and its Services contained or provided herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms. The Company assumes no responsibility or liability for any misrepresentation of your age.
Children Under 13: We do not knowingly collect or use personal information from children under thirteen (13) without containing verifiable consent from their parent(s) or guardian(s). We have no way of distinguishing the age of individuals who address our Website and so we carry out the same Terms and Privacy Policy for individuals of all ages. If a child has provided us with personal information without parental/guardian consent, the parent/guardian should contact us. For more information about the Children’s Online Privacy Protection Act (COPPA), visit http://www.coppa.org.
If a Service is purchased for or gifted to a minor child, the parent(s) or guardian(s) of said minor child accept these Terms as the minor child’s legal representative.
PRESERVATION OF INTELLECTUAL PROPERTY RIGHTS
All content of our Website and Services including but not limited to reports, workbooks, images, and illustrations are protected by copyrights which are owned and controlled by the Company or by other parties that have licensed their material to the Company and are the intellectual property of the Company (hereinafter the “Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree that no part of the Company IP may be reproduced by any mechanical, photographic, or electronic process or in the form of a phonographic recording or registration of any new trademarks, trade names, service marks, or Uniform Resource Locations (URLs) nor may it be stored in a retrieval system, transmitted, republished, or otherwise be copied for public or private use other than for “fair use” as brief quotations embodied therein without prior written permission from the Company.
ACCEPTABLE USE & USAGE LIMITATIONS
The Services offered by the Company are intended for private use by human individuals. It is not allowed to build a commercial service based on the Company’s resources or to resell or redistribute Services offered. All exceptions to this rule require the consent of the Company in writing. You further agree not to use the Website or Services in any way that could damage the Website, its Services, general business of the Company, or for any unlawful purpose or any purpose prohibited under this clause. You further agree not to use the Website or its Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the Company or property of another;
- To perpetrate any fraud
- To unlawfully gather information about others;
- To violate the security of the Website or Services through reverse engineering (or attempt to reverse engineer or disassemble any code or software from or on the Website or Services), unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network;
- To engage in or create illegal spam activities, including gathering email addresses and personal information from others or sending mass commercial emails;
- To illegally or unethically obtain and use another’s personally identifiable information to purchase Services without their express knowledge and permission
WARRANTIES AND WARRANTY DISCLAIMER
While the Company makes all reasonable effort to ensure the accuracy and completeness of all content in our Website and Services, we make no warranties as to the accuracy or reliability of said content and shall not be responsible or liable for any costs, damages, loss, or injury (including bodily injury and death) suffered due to inaccurate or incomplete content and you agree that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, methods, processes, suggestions, and information contained therein. To the fullest extent of the law, the Company hereby disclaims all warranties, representations, or endorsements, expressed or implied, with respect to the content of our Website and Services including without limitation any implied warranties of merchantability and fitness for a particular use.
LIMITATION OF LIABILITY AND LIABILITY DISCLAIMER
You acknowledge and agree that the Company assumes no responsibility or liability for any opinion, method, process, suggestion, or information contained in our Website pages or Services; how such content is interpreted, used, misused, or applied; that said content is not intended to create, alter, or prevent any circumstance or to diagnose, treat, cure, or prevent any disease or psychological disorder; that said content is not a substitute for legal, financial, or spiritual advice or medical or psychological treatment; and that said content is offered and received (directly or indirectly, such as a gift) exclusively for ENTERTAINMENT PURPOSES ONLY. To the fullest extent of the law, the Company disclaims any and all liability for direct, indirect, special, incidental, or consequential costs, damages, loss (including bodily injury and death) arising from or related to these Terms and content of our Website and Services.
To the fullest extent of the law, the Company additionally disclaims any direct, indirect, special, incidental, or consequential costs, damages, or loss that may occur during the course of your using our Website and Services, such as:
- To your or any third party’s electronic devices, including without limitation computer viruses, worms, Trojan horses, or other harmful components;
- From your use or inability to use our Website or Services, including without limitation loss of data or profit due to business interruption, failure of performance, errors, omissions, deletion, defect, delay in operation or transmission, or communication line failure;
- From destruction or unauthorized access to or alteration of or use of records, breach of contract, fraud, negligence, or any other cause of action
The Company’s liability for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Services purchased.
ASSUMPTION OF RISK
You acknowledge and agree that your use of our Website and purchase of our Services does not create any fiduciary relationship between you and the Company; that such use and purchase is at your sole and exclusive risk; and that the Company makes no warranties that the Website or its Services will not be interrupted, error-free, or secure.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company from any and all loss, liability, legal claim, or demand including without limitation consequential or punitive damages and torts of any kind which may arise from or relate to your or any third party’s conduct, actions, or use of our Website, Services, or online payment portal in violation and/or breach of these Terms.
THIRD-PARTY END USERS
Third-party recipients or End User of any Service originating from or produced by our Website/Company, such as receipt of a Service as a gift, are subject to applicable Company Terms, e.g., Warranties and Warranty Disclaimer, Limitation of Liability and Liability Disclaimer, Preservation of Intellectual Property Rights, Age Restriction, etc.
SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime and the Company shall have no responsibility or liability for any damage or loss caused as a result of such downtime.
PAYMENT, DELIVERY & RETURN POLICY
We use the PayPal payment portal for your purchase of our Services. You agree that the credit/debit card and other payment information you provide to PayPal for your purchase shall be accurate and complete and agree that you are subject to PayPal’s User Agreement (https://www.paypal.com/us/webapps/mpp/ua/legalhub-full) and Privacy Policy (https://www.paypal.com/us/webapps/mpp/ua/privacy-full). We do not accept any responsibility or liability for the content or security of your PayPal account, and you agree that your use of PayPal’s services is at your own risk.
Delivery of our Services is made as a PDF attachment to an email address you voluntarily provide us and is generally sent out within two (2) business days after receipt of your order. While we make every effort to process your order within this time frame, unexpected circumstances such as an influx of orders, equipment and power failures, holidays, delays caused by receipt of incorrect information required to process your order, etc., may not always make it possible to guarantee these terms. Because our Services are uniquely generated for each order, no cancellations or refunds are available after the payment process has been completed, including orders that are received beyond the expected delivery date. Please refer to the FAQ page for more detail on these matters.
We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide us for your order. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our Services. You acknowledge and affirm that our Services do not include any personal consultation and that prices for our Services are subject to change. For any questions, concerns, or disputes regarding your order, you agree to contact us in a timely manner via our Company email address nextgenerationastrology@comcast.net.
GENERAL PROVISIONS
Language: All communications made or notices given pursuant to these Terms shall be in the English language.
Jurisdiction, Venue & Choice of Law: Through your use of our Website and purchased Services, you agree that the laws of the State of Michigan shall govern any matter or dispute relating to or arising out of these Terms as well as any dispute of any kind that may arise between you and the Company with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms is initiated, the Parties agree to submit to the personal jurisdiction of the State and Federal courts of Michigan. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens (common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties) or similar doctrine.
Arbitration: In case of a dispute between the Parties relating to or arising out of these Terms, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the State of Michigan. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the laws of the State of Michigan. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to, contract claims, tort claims, and claims based on Federal, State, and local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of these Terms, waive any rights they may have to a jury trial in regard to arbitral claims.
Assignment: These Terms, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should these Terms or the rights granted hereunder be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure such party.
Severability: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of these Terms shall continue in full force.
No Waiver: In the event that we fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision nor of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only: Headings of parts and sub-parts under these Terms are for convenience and organization only and shall not affect the meaning of any provision of these Terms.
No Agency, Partnership, or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.
Force Majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, natural disasters, and other acts which may be due to unforeseen circumstances.
DATA PROTECTION
The Company has no obligation to monitor any transmission made through the Website pages. However, you agree that the Company has the right to monitor their internet services electronically from time to time to enhance its security/speed and to disclose any information as necessary to satisfy any law, regulation, or governmental request or to protect itself. Please refer to our Privacy Policy for additional information.
ENTIRE TERMS
These Terms shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, agents, administrators, executors, successors, and assignees with respect to any and all use of our Website and Services. These Terms supersede and replace all prior or contemporaneous Terms, agreements, or understandings–written or oral.
TERMINATION & SUSPENSION
The Company may terminate these Terms with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate these Terms if you violate any of the Conditions of Use outlined herein, including but not limited to violation of our Privacy Policy and intellectual property rights, failing to comply with applicable laws or other legal obligations, and/or publish or distribute illegal material.
MODIFICATION & VARIATION
You agree that the Company reserves the right in its sole discretion to modify, update, adjust, or otherwise make amendments to its Website, Services, prices, warranties, Terms, and Privacy Policy at any time without liability or notice to you. You further agree that all modifications to these Terms are in full force and effect immediately upon your visiting the Website and that such modifications or variations replace any prior version of these Terms unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms. In addition:
- To the extent any part or sub-part of these Terms is held ineffective or invalid by any court of law, you agree that the prior, effective version of these Terms shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor these Terms and refer to the Effective Date posted at the end of these Terms to note modifications or variations. You agree that your continued use of the Website after any modification to these Terms is a manifestation of your continued agreement with them.
- In the event that you fail to monitor any modifications to or variations of these Terms, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Terms.
EFFECTIVE DATE
These Terms are updated and modified from time to time. Last Update: June 1, 2018. By visiting https://nextgenerationastrology.com and using its Website, Services, and the PayPal payment portal, you declare that you accept our Company’s Terms and Conditions of Use.
Terms and Conditions of Use
AGREEMENT
These Terms and Conditions of Use (hereinafter “Terms”) will refer to and be applicable to the use and services on the website https://nextgenerationastrology.com (hereinafter the “Website”) and any products, information, documents, reports, workbooks, gift certificates, or company materials offered/provided by or on this Website or Page (hereinafter “Services”). Such Website may also refer to corresponding mobile applications should one be currently in use or hereinafter developed.
DEFINITIONS
The parties referred to in these Terms shall be defined as follows:
- COMPANY: As the creator, owner, operator, and publisher of the Website, The Gateway Group, LLC, doing business as Next Generation Astrology, and all its agents, employees, associates, partners, sub-contractors, affiliates, administrators, executors, heirs, assignees, and successors are hereinafter referred to as the “Company” and first-person pronouns, such as Us, We, Our, and Ours.
- YOU: You, as the user of the Website, are referred to throughout these Terms with second-person pronouns, such as You, Your, Yours, User, or Client.
- PARTIES: The individual parties to these Terms are the COMPANY and YOU and hereinafter individually referred to as “Party” and collectively as “Parties.”
ASSENT & ACCEPTANCE
By using the Website, you warrant that you have read these Terms and that you agree to be bound by them. If you do not agree to be bound by these Terms, do not use the information on the pages of the Website or our Services and leave the Website immediately. The Company only agrees to provide use of this Website and Services to you if you assent to these Terms.
JURISDICTIONAL ISSUE
The Services offered on this Website are for use only by persons residing in jurisdictions where such Services may be legally sold. If you are accessing this Website from a jurisdiction where these Services are not eligible for legal sale, you should not consider anything on this Website as an offer to sell or as a solicitation to the public to purchase any Services from the Company. Due to the nature of the Internet, it is not possible for the Company to restrict access to our Website only to those jurisdictions in which our Services are eligible for legal sale. Those who choose to otherwise access this Website do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website and its Services contained or provided herein. By using this Website, you represent and warrant that you are at least 18 years of age and may legally agree to these Terms. The Company assumes no responsibility or liability for any misrepresentation of your age.
Children Under 13: We do not knowingly collect or use personal information from children under thirteen (13) without containing verifiable consent from their parent(s) or guardian(s). We have no way of distinguishing the age of individuals who address our Website and so we carry out the same Terms and Privacy Policy for individuals of all ages. If a child has provided us with personal information without parental/guardian consent, the parent/guardian should contact us. For more information about the Children’s Online Privacy Protection Act (COPPA), visit http://www.coppa.org.
If a Service is purchased for or gifted to a minor child, the parent(s) or guardian(s) of said minor child accept these Terms as the minor child’s legal representative.
PRESERVATION OF INTELLECTUAL PROPERTY RIGHTS
All content of our Website and Services including but not limited to reports, workbooks, images, and illustrations are protected by copyrights which are owned and controlled by the Company or by other parties that have licensed their material to the Company and are the intellectual property of the Company (hereinafter the “Company IP”). You agree that the Company owns all right, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree that no part of the Company IP may be reproduced by any mechanical, photographic, or electronic process or in the form of a phonographic recording or registration of any new trademarks, trade names, service marks, or Uniform Resource Locations (URLs) nor may it be stored in a retrieval system, transmitted, republished, or otherwise be copied for public or private use other than for “fair use” as brief quotations embodied therein without prior written permission from the Company.
ACCEPTABLE USE & USAGE LIMITATIONS
The Services offered by the Company are intended for private use by human individuals. It is not allowed to build a commercial service based on the Company’s resources or to resell or redistribute Services offered. All exceptions to this rule require the consent of the Company in writing. You further agree not to use the Website or Services in any way that could damage the Website, its Services, general business of the Company, or for any unlawful purpose or any purpose prohibited under this clause. You further agree not to use the Website or its Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the Company’s or property of another;
- To perpetrate any fraud;
- To unlawfully gather information about others;
- To violate the security of the Website or Services through reverse engineering (or attempt to reverse engineer or disassemble any code or software from or on the Website or Services), unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network;
- To engage in or create illegal spam activities, including gathering email addresses and personal information from others or sending mass commercial emails;
- To illegally or unethically obtain and use another’s personally identifiable information to purchase Services without their express knowledge and permission
WARRANTIES AND WARRANTY DISCLAIMER
While the Company makes all reasonable effort to ensure the accuracy and completeness of all content in our Website and Services, we make no warranties as to the accuracy or reliability of said content and shall not be responsible or liable for any costs, damages, loss, or injury (including bodily injury and death) suffered due to inaccurate or incomplete content and you agree that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, methods, processes, suggestions, and information contained therein. To the fullest extent of the law, the Company hereby disclaims all warranties, representations, or endorsements, expressed or implied, with respect to the content of our Website and Services including without limitation any implied warranties of merchantability and fitness for a particular use.
LIMITATION OF LIABILITY AND LIABILITY DISCLAIMER
You acknowledge and agree that the Company assumes no responsibility or liability for any opinion, method, process, suggestion, or information contained in our Website pages or Services; how such content is interpreted, used, misused, or applied; that said content is not intended to create, alter, or prevent any circumstance or to diagnose, treat, cure, or prevent any disease or psychological disorder; that said content is not a substitute for legal, financial, or spiritual advice or medical or psychological treatment; and that said content is offered and received (directly or indirectly, such as a gift) exclusively for ENTERTAINMENT PURPOSES ONLY. To the fullest extent of the law, the Company disclaims any and all liability for direct, indirect, special, incidental, or consequential costs, damages, loss (including bodily injury and death) arising from or related to these Terms and content of our Website and Services.
To the fullest extent of the law, the Company additionally disclaims any direct, indirect, special, incidental, or consequential costs, damages, or loss that may occur during the course of your using our Website and Services, such as:
- To your or any third party’s electronic devices, including without limitation computer viruses, worms, Trojan horses, or other harmful components;
- From your use or inability to use our Website or Services, including without limitation loss of data or profit due to business interruption, failure of performance, errors, omissions, deletion, defect, delay in operation or transmission, or communication line failure;
- From destruction or unauthorized access to or alteration of or use of records, breach of contract, fraud, negligence, or any other cause of action
The Company’s liability for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Services purchased.
ASSUMPTION OF RISK
You acknowledge and agree that your use of our Website and purchase of our Services does not create any fiduciary relationship between you and the Company; that such use and purchase is at your sole and exclusive risk; and that the Company makes no warranties that the Website or its Services will not be interrupted, error-free, or secure.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company from any and all loss, liability, legal claim, or demand including without limitation consequential or punitive damages and torts of any kind which may arise from or relate to your or any third party’s conduct, actions, or use of our Website, Services, or online payment portal in violation and/or breach of these Terms.
THIRD-PARTY END USERS
Third-party recipients or End User of any Service originating from or produced by our Website/Company, such as receipt of a Service as a gift, are subject to applicable Company Terms, e.g., Warranties and Warranty Disclaimer, Limitation of Liability and Liability Disclaimer, Preservation of Intellectual Property Rights, Age Restriction, etc.
SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime and the Company shall have no responsibility or liability for any damage or loss caused as a result of such downtime.
PAYMENT, DELIVERY & RETURN POLICY
We use the PayPal payment portal for your purchase of our Services. You agree that the credit/debit card and other payment information you provide to PayPal for your purchase shall be accurate and complete and agree that you are subject to PayPal’s User Agreement (https://www.paypal.com/us/webapps/mpp/ua/legalhub-full) and Privacy Policy (https://www.paypal.com/us/webapps/mpp/ua/privacy-full). We do not accept any responsibility or liability for the content or security of your PayPal account, and you agree that your use of PayPal’s services is at your own risk.
Delivery of our Services is made as a PDF attachment to an email address you voluntarily provide us and is generally sent out within two (2) business days after receipt of your order. While we make every effort to process your order within this time frame, unexpected circumstances such as an influx of orders, equipment and power failures, holidays, delays caused by receipt of incorrect information required to process your order, etc., may not always make it possible to guarantee these terms. Because our Services are uniquely generated for each order, no cancellations or refunds are available after the payment process has been completed, including orders that are received beyond the expected delivery date. Please refer to the FAQ page for more detail on these matters.
We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information you provide us for your order. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and we reserve the right to place any additional restrictions on the sale of any of our Services. You acknowledge and affirm that our Services do not include any personal consultation and that prices for our Services are subject to change. For any questions, concerns, or disputes regarding your order, you agree to contact us in a timely manner via our Company email nextgenerationastrology@comcast.net.
GENERAL PROVISIONS
Language: All communications made or notices given pursuant to these Terms shall be in the English language.
Jurisdiction, Venue & Choice of Law: Through your use of our Website and purchased Services, you agree that the laws of the State of Michigan shall govern any matter or dispute relating to or arising out of these Terms as well as any dispute of any kind that may arise between you and the Company with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms is initiated, the Parties agree to submit to the personal jurisdiction of the State and Federal Courts of Michigan. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens (common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties) or similar doctrine.
Arbitration: In case of a dispute between the Parties relating to or arising out of these Terms, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the State of Michigan. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the laws of the State of Michigan. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to, contract claims, tort claims, and claims based on Federal, State, and local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of these Terms, waive any rights they may have to a jury trial in regard to arbitral claims.
Assignment: These Terms, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred to whole or part by you. Should these Terms or the rights granted hereunder be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Compnay will bind and inure such party.
Severability: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of these Terms shall continue in full force.
No Waiver: In the event that we fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision nor of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
Headings for Convenience Only: Headings of parts and sub-parts under these Terms are for convenience and organization only and shall not affect the meaning of any provision of these Terms.
No Agency, Partnership, or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.
Force Majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, natural disasters, and other acts which may be due to unforeseen circumstances.
DATA PROTECTION
The Company has no obligation to monitor any transmission made through the Website pages. However, you agree that the Company has the right to monitor their internet services electronically from time to time to enhance its security/speed and to disclose any information as necessary to satisfy any law, regulation, or governmental request or to protect itself. Please refer to our Privacy Policy for additional information.
ENTIRE TERMS
These Terms shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, agents, administrators, executors, successors, and assignees with respect to any and all use of our Website and Services. These Terms supersede and replace all prior or contemporaneous Terms, agreements, or understandings–written or oral.
TERMINATION & SUSPENSION
The Company may terminate these Terms with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate these Terms if you violate any of the Conditions of Use outlined herein, including but not limited to violation of our Privacy Policy and intellectual property rights, failing to comply with applicable laws or other legal obligations, and/or publish or distribute illegal material.
MODIFICATION & VARIATION
You agree that the Company reserves the right in its sole discretion to modify, update, adjust, or otherwise make amendments to its Website, Services, prices, warranties, Terms, and Privacy Policy at any time without liability or notice to you. You further agree that all modifications to these Terms are in full force and effect immediately upon your visiting the Website and that such modifications or variations replace any prior version of these Terms unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms. In addition:
- To the extent any part or sub-part of these Terms is held ineffective or invalid by any court of law, you agree that the prior, effective version of these Terms shall be considered enforceable and valid to the fullest extent.
- You agree to routinely monitor these Terms and refer to the Effective Date posted at the end of these Terms to note modifications or variations. You agree that your continued use of the Website after any modification to these Terms is a manifestation of your continued agreement with them.
- In the event that you fail to monitor any modifications to or variations of these Terms, you agree that such failure shall be considered an affirmative waiver of your right to review the modified Terms.
EFFECTIVE DATE
These Terms are updated and modified from time to time.
Last Update: June 1, 2018. By visiting
https://nextgenerationastrology.com
and using its Website, Services, and the PayPal payment portal, you declare that you accept our Company’s Terms and Conditions of Use.
