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™s 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 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™s 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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