Please read this Agreement
carefully before accessing or using the Service (as defined below). By
accessing this Site (as defined below) or using the Service, you agree to be
bound by all of the terms and conditions of this Agreement. This
Agreement is intended to be fully effective and binding on you and on
us. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE
THIS SITE. IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE THE
CONSENT OF A PARENT OR GUARDIAN BEFORE YOU PROCEED TO USE THIS
SITE. See a Minors section below for more.
All of the webpages related to the
domains www.kabbalah.com (the
Site) and any other domain operated by or for Kabbalah Centre International,
Inc. (hereinafter the Centre) constitute an online information and internet
site provided by the Centre. Use of the Service information, the services
provided on the Site, and the internet site itself (collectively, the Service)
are governed by the terms and conditions of this Agreement.
Modifications
Please note that the Centre may
change the terms of this Agreement at any time without notice and such changes
will be effective on the date that such modified terms are posted on the Centre's Site at www.kabbalah.com. Access
to or use of this Site after such changes have taken effect constitutes
acceptance of all changes.
Please also note that at any time,
without notice, the Centre reserves the right to terminate your access to this
site.
Minors
If you are under 18, you may use
the Site only with involvement and consent of a parent or guardian. The Centre
reserves the right to refuse Service, terminate access, remove or edit User
Content or, or cancel orders for any product offered through the Site in our
sole discretion. If you have agreed to allow your minor child, or a child for
whom you are legal guardian (a "Minor"), to use the Service and the
Site, you agree that you shall be solely responsible for: (a) the online
conduct of such Minor; (b) monitoring such Minor's access to and use of the
Service and the Site, including all User Content provided by such Minor; and
(c) the consequences of any use of the Service by such Minor. Children under
the age of 13 should not register for any Service hereunder. At various places
on the Service, we may ask whether users are under the age of 18 or 13. The
Centre relies on our users to be truthful in responding to these questions. If
a user does not identify his/her proper age, we will have no way of verifying
actual age with respect to our policies.
User Conduct
Derogatory, harmful or unlawful conduct is not permitted on the Centre.
Users are not permitted to upload to, distribute through, or otherwise publish
through the Site any content which is libelous, defamatory, obscene,
pornographic, threatening, invasive of privacy or publicity rights, abusive,
illegal or otherwise objectionable that would constitute or encourage a
criminal offense, violate the rights of any party, or that would otherwise give
rise to liability or violate any law. Unauthorized commercial messages and/or
public announcements are not allowed on the Site. Unauthorized collection
and/or use of email addresses via the Site is also not allowed.
Please be aware that generally, information, including without
limitation User Content, you post on, upload to or distribute
through a message board, chat room, blog or any similar feature will be
accessible by other users of the Site. Please be sure that any such information
is information that you are comfortable sharing with the public.
You acknowledge that the Centre may or may not pre-screen and/or
monitor content posted on the Site, and that the Centre shall have the right to
remove, edit, move or close, in whole or in part, any thread or posting in any
chat room and/or similar feature on the Site at any time for any reason, in the
Centre ââ¬Ës sole discretion.
You hereby agree to comply with all laws that apply or may apply to
your use of or activities on the Site and any rules for conduct on the Site or
use of specific features and/or Services offered hereon that may be posted on
the Site, whether in these terms of use or otherwise, from time to time.
Nothing contained in this Site or
this Agreement grants any right to use any of the Marks without our prior
written permission or that of the respective owner.
All materials on the Service are
copyrighted by us and/or by other applicable rights holders, unless otherwise
noted. You may download and reprint a single copy of the materials from the
Service for your own personal, noncommercial use only, provided you include all
applicable notices and disclaimers. Any other use of the materials is strictly
prohibited without our prior written permission and the permission of the
applicable rights holder(s). Without limiting the foregoing, the
copying, redistribution, reposting, publication, adaptation or alteration of
any part of this Site in connection with any enterprise or plan for same is
prohibited without prior written permission from us, which may be withheld in
our sole discretion. The use of any the materials presented on
this Site and through the Service on any other Web site or networked computer
environment or for any other purpose is strictly prohibited and such
unauthorized use may violate copyright, trademark, and other similar laws.
Terms of Use
The Centre offers the Service for
general information and educational purposes only. Reliance upon
any information provided by or through our Service appearing on the Site or
other visitors to the Site is solely at your own risk.
The Centre does not provide medical
advice or prescribe the use of any technique as a form of treatment for
physical, psychological or medical problems. Before using any
information or technique presented on the site for any physical, psychological
or medical problem, you should first seek the advice of a medical professional.
The sole objective of the Centre is to offer information of a
general nature to assist you in your pursuit of emotional and spiritual
well-being. In the event you utilize any of the information
available on this Site for yourself, the Centre assumes no responsibility for
your actions, and you use the same at your own risk.
Your Account
If you use this site, you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. The
Centre does sell products that may be intended for children, but it sells them
to adults, who can purchase with a credit card or other permitted payment
method. If you are under 18, you may use the Site only with involvement of a
parent or guardian. The Centre reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in our sole discretion.
Shipping
All items purchased from the Site
are made pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
Product Descriptions
The Centre attempts to be as
accurate as possible in its product descriptions. However, we do not warrant
that product descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered on the Site is not as
described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the
list price displayed for products on our Site represents the full retail price
listed on the product itself. The price appearing on the Site for a product may
or may not represent the prevailing price in every area on any particular day.
With respect to items sold by the
Centre, we cannot confirm the price of an item until you order; however, we do
NOT charge your credit card (or other means of payment) until after your order
has entered the shipping process. Despite our best efforts, a small number of
the items in our catalog may be mispriced. If an item's correct price is higher
than our stated price, we will, at our discretion, either contact you for
instructions before shipping or cancel your order and notify you of such
cancellation.
No Warranties
THE SERVICE OFFERED ON THE SITE AND
ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE
PRACTICE OF OR FURNISHING OF ANY ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT
OR SERVICES IN ANY JURISDICTION. You should not assume that the Materials
on this Site are continuously updated or otherwise contain current information.
THE INFORMATION, CONTENT AND PRODUCTS PROVIDED ON OR THROUGH
THIS SITE ARE DISTRIBUTED, PROVIDED AND/OR SOLD ON AN AS IS BASIS, WITHOUT ANY
GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY IMPLIED WARRANTIES ARE
EXPRESSLY DISCLAIMED HEREBY TO THE FULLEST EXTENT PERMITTED BY ALL APPLICABLE
LAWS. THE CENTRE DOES NOT GUARANTEE THE ACCURACY OF ANY DESCRIPTION
OF ANY OF ITS PRODUCTS REFLECTED HEREIN. WHILE THE CENTRE HAS ENDEAVORED TO
MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, THE CENTRE CANNOT
GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY
OR GUARANTEE OF ANY KIND.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Limitation of Availability
We do not represent or warrant that
this, or any site to which ours is linked, will be accessible or available on a
timely basis, or that access to same will be uninterrupted or error free.
Limitation on
Liability; Limited Remedies
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR
ANY OF OUR AFFILIATES OR OUR AFFILIATES' OFFICERS,
DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION
PROVIDERS, SUBCONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF
THE INFORMATION, CONTENT OR PRODUCTS CONTAINED IN OR OFFERED ON THE SITE, FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE,
OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE
OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE
INFORMATION, CONTENT OR PRODUCTS CONTAINED IN OR OFFERED ON THE SITE, OR OTHER
WEB SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT, PRODUCTS OR
INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING
THE SERVICE.
Affiliate Web sites
The Centre may be affiliated with
other Web sites. The Centre may provide links to and from these Web
sites for your convenience. If you decide to access any of these
sites from the Centre's site, you
agree that you do so entirely at your own risk. The Centre is not
responsible for any information and content on such sites and the Centre makes
no representations or warranties with respect to the privacy policies of such
sites.
LinksFrom this Site
The Centre is not affiliated or
associated with sponsors of sites which hyperlink to or from the Centre or
other sites. The linked sites are not under the control of the
Centre and the Centre is not responsible for the content of any linked site or
any link contained in a linked site. The Centre reserves the right to terminate
any link or linking program at any time. The Centre may provide links from this
Site to other sites as a convenience to you and in no way should this be
interpreted as an endorsement of any company, content, or products to which it
links. The Centre is not responsible for any information and
content on such sites and the Centre makes no representations or warranties
with respect to the privacy policies of such sites. If you decide
to access any of the third party sites linked to this Site, you do this
entirely at your own risk.
Linking to this Site
Creating or
maintaining any link from another Web site to any page on this Site without our
prior written permission is prohibited. Running or displaying this Site or any
information or material displayed on this Site in frames or through similar
means on another Web site without our prior written permission is prohibited.
Any permitted links to this Site must comply will all applicable laws, rule and
regulations.
Indemnity
You agree to indemnify The Centre
and any of our parent, subsidiary or affiliate companies or organizations, and
any of our successors, assigns or licensees, together with any of their
respective officers, directors and employees, against any and all damages,
losses, liabilities, judgments, costs or expenses (including reasonable attorneys'
fees and costs) arising out of a claim by a third party relating to your use of
the Service, or any breach or violation of this Agreement or any other term or
condition contained on the Service.
General
The Centre ââ¬Ës
headquarters are located in Los Angeles, California. The Centre
makes no claims that the Service is appropriate or may be downloaded outside of
the United States. Access to the Service may not be legal by certain persons or
in certain countries. If you access the Service from outside the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction.
Governing Law;Jurisdiction
These Terms and Conditions are
governed by the internal substantive laws of the State of California, without respect
to its conflict of laws or choice of laws principles.
You expressly and irrevocably agree
that exclusive jurisdiction for any dispute with the Centre, or in any way
relating to your use of the Service resides in the courts of the County of Los
Angeles, in the State of California and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts of the County of Los
Angeles, in the State of California in connection with any such dispute
including any claim involving the Centre, or the Centres parent corporation,
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers.
You agree that any legal proceeding
against the Centre related to the Service shall be filed and tried only in Los
Angeles, California, United States of America, or, where such court does not
have jurisdiction by law, then any such proceeding shall only be maintained in
the State Courts of the State of California, sitting in Los Angeles or the
Federal Courts, for the Central District of California, sitting in Los Angeles
County. Both parties hereby expressly waive any right to a jury trial
in any such proceeding.
Severability; Waiver
If any provision of these Terms and
Conditions is found to be invalid by any court having jurisdiction, then 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.
Violations
If you violate any terms of this
Agreement, your permission to use the Service and the Site automatically
terminates and you must immediately destroy any copies you have made of any
portion of the Materials contained herein.
Privacy
The personal information you submit
to us is governed by our Privacy
Policy. To the extent there is an inconsistency between
this Agreement and our Privacy Policy, this Agreement shall govern.
Survival
The following provisions survive
the expiration or termination of this Agreement for any reason whatsoever:
Binding Agreement, Copyright and Trademarks, No Warranty, Limitation on
Liability; Limited Remedies, Indemnity, Governing Law; Jurisdiction, Privacy
and Complete Agreement.
Infringement Policy.
The Centre, pursuant to 17 U.S.C.
Section 512 as amended by Title II of the Digital Millennium Copyright Act (the
"Act"), reserves the right, but not the obligation, to terminate your
right and license to use the Site if it determines in its sole and absolute
discretion that you are involved in infringing activity, including alleged acts
of first-time or repeat infringement, regardless of whether the material or
activity is ultimately determined to be infringing. The Centre
accommodates and does not interfere with standard technical measures used by
copyright owners to protect their materials. In addition, pursuant to 17 U.S.C.
Section 512(c), the Centre has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. All claims of infringement must be submitted to the
Centre in a written complaint that complies with the requirements below and is
delivered to our designated agent to receive notification of claimed infringement:
By mail:
The
Kabbalah Centre
Customer & Student Support
1066 S. La Cienega Blvd.
Los Angeles, CA 90035
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary right
must include the following information:
A physical or electronic signature of a person
authorized to act on behalf of (1) the owner of an exclusive right that
is allegedly infringed or (2) the person defamed.
Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list of such
works at that site. Similarly, for materials that are defamatory or
infringe patent, trademark, or other proprietary rights of a third party,
please submit a list of such materials.
Identification of the material that is claimed
to be infringing, to be the subject of infringing activity, or that is
claimed to be defamatory and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit us to
locate the material.
Information reasonably sufficient to permit us
to contact you, such as your address, telephone number, and/or electronic
mail address.
A statement that you have a good faith belief
that use of the material in the manner complained of is not authorized by
the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the
notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed or on behalf of the person defamed.
Complete Agreement
Except as expressly provided in a
particular legal notice on the Service, these Terms and Conditions, together
with our Privacy Policy, constitute the entire agreement between you and the
Centre with respect to use of the Service.
Please also read our Privacy Policy.
Contact Information
If you have any questions about
these terms of use or the practices of this site, please contact our Webmaster
at support@kabbalah.com
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