Terms & Conditions
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE AND ITS SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CLIENT/CUSTOMER, OR PROSPECTIVE CLIENT/CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE THIS SITE OR ITS SERVICES.
ACCEPTANCE OF TERMS OF SERVICE
The following Terms of Service (“TOS”) Agreement is a legally binding agreement that shall govern the relationship with the users and others which may interact or interface with Feng Shui Yourself in association with the use of the Feng Shui Yourself website (“Site”), which includes www.fengshuiyourself.com and its Services, which shall be defined below.
These Terms of Service are effective as of April 6, 2023. The website owner reserves the right to change these TOS periodically and without notice. You acknowledge and agree that it is your responsibility to review this website and these TOS regularly to familiarize yourself with any updates or modifications. Your continued use of this website after such updates or modifications will constitute acknowledgement of the updated or modified TOS and your agreement to abide by and be bound by the updated or modified TOS.
DESCRIPTION OF WEBSITE SERVICES
A variety of services are made available on this website, including, but not limited to, multiple blogs, feng shui consultations, coaching sessions and packages, monthly memberships, digital products, and other products, as well as, various other offerings and services.
You are responsible for providing, at your own expense, all equipment necessary to use these services, including a computer, modem, router and Internet access, including the payment of all associated fees.
The website owner reserves the right to either modify or discontinue this website, including any of this website’s features, services or offerings, at any time with or without notice to you. The owner the Site will not be liable to you or any third party should the owner exercise that right. Any new features, offerings or services on this website shall also be subject to these TOS.
PRIVACY POLICY
The personal information provided by users is strictly protected by the Feng Shui Yourself Site’s Privacy Policy. As a user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by the owner of Feng Shui Yourself.
INTERSTATE & INTERNATIONAL COMMUNICATION
Upon use, you hereby acknowledge that by using www.fengshuiyourself.com to send electronic communications, which would include, but are not limited to, email, searches, comments, instant messages, uploading of personal data, files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate and international transmissions.
CONTACT & REVIEW SUBMISSIONS
The Feng Shui Yourself Site provides forms for users to contact the owner or submit a review of services. When you submit messages, inquiries, ideas, reviews, documents, to this Site, you acknowledge and agree that:
a) The user’s messages do not contain any type of confidential or proprietary information;
b) The owner of the Site shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any contact messages or review submissions
c) The owner of the Site shall be entitled to make use of and/or disclose any such messages or review in any such manner as they may see fit;
d) The user’s messages or reviews shall automatically become the sole property of the owner of the Site; and
e) The owner of the Site is under no obligation to either compensate or provide any form of reimbursement in any manner or nature to the user.
REGISTRATION DATA & PRIVACY
In order to access some of the services on this website, you may be required to use an account and password that can be obtained by completing an online registration form, which requests certain information and data and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant the owner of the Site the right to disclose to third parties certain Registration Data about the user. The information obtained through your use of this website, including user Registration Data, is subject to the Site’s Privacy Policy, which is specifically incorporated by reference into these Terms.
CONDUCT ON WEBSITE
Use of this website is subject to all applicable laws and regulations. The user is solely responsible for the content of your communications through the Site. By posting information in or otherwise using any communications service, blog comments, or other interactive service that may be available to you on or through this website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including: text, communications, software, images, sounds, data, or other information, that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, contains explicit language or graphic descriptions or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email or spa, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
The owner of the Site neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of this website. The owner generally does not pre-screen, monitor, or edit the content posted by users of communications services, blog comments, or other interactive services that may be available on or through this website. However, the owner does have the right to remove any content that does not comply with these TOS and any other rules of user conduct for this Site, or is otherwise harmful, objectionable, or inaccurate. The owner is not responsible for any failure or delay in removing such content. You, the user hereby consent to such removal and waive any claim against the owner arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this website may be available to you or other authorized users of this Site. The user shall not interfere with anyone else’s use and enjoyment of this Site and Services. Users who violate systems or network security may incur criminal or civil liability.
You agree that the owner may at any time, and at my sole discretion, terminate your membership, account, or other affiliation with this website without prior notice to you for violating any of the above provisions. In addition, you acknowledge that I will cooperate fully with investigations of violations of systems or network security at other websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
THIRD PARTY SITES & INFORMATION
This Site provides links to other websites on the Internet and includes references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that the owner of this Site is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of links or reference are provided merely as a convenience and does not imply an endorsement of, or association with, the site or party by the owner, or any warranty of any kind, either express or implied.
INTELLECTUAL PROPERTY INFORMATION
Copyright © 2023 Feng Shui Yourself. All Rights Reserved.
For purposes of these TOS, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on this website. This includes all original content.
By accepting these TOS, you acknowledge and agree that all content presented to you on this website is protected by proprietary rights and laws, and is the sole property of the owner of the Site. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this website may violate intellectual property and other applicable laws and could result in criminal or civil penalties.
Neither the owner of the Site, nor affiliates, warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Users Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Subject to this Site’s Privacy Policy, any communication or material that you transmit to this website or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have otherwise mutually agreed in writing.
The owner of this Site will always respect the intellectual property of others, and we ask that all of our users do the same.
With regards to appropriate circumstances and at its sole discretion, Feng Shui Yourself may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others.
If you or any user of this website believes its copyright, trademark or other intellectual property rights have been infringed by a posting on this Site or if you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
For notice of claims of copyright or other intellectual property infringement, contact Dara Eden as follows.
Mailing Address: PO Box 1638 Blue Jay, CA 92317
Email Address: dara@fengshuiyourself.com
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to the Feng Shui Yourself Site.
WARRANTY DISCLAIMERS
Every effort will be made to provide accurate information. However, all materials and services on the Site are provided “as is” and on an “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limited the foregoing, the owner of this Site makes no warranty that a) the services and materials will your requirements or expectations, b) the services and materials will be uninterrupted, timely, secure, complete or error-free, c) the results that may be experience from the use of the services or materials will be effective, accurate or reliable, d) the quality of any product(s), service(s) or information purchased or obtained by you from this Site will meet your expectations or be free from mistakes, errors, typos or defects.
Every effort will be made to keep this Site up to date. However, this Site could include technical or other mistakes, inaccuracies or typographical errors. The owner of the Site may make changes to the materials and services on this Site, including prices and descriptions of any products or services listed herein, at any time without notice. The materials or services on this Site may be out of date.
The use of the services or the acquisition of any materials via downloading through this Site is done at your own discretion and risk and with your agreement that you will solely be responsible for any damage to your computer or loss of data that results from such activities.
Through your use of this Site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
The owner of this Site makes no warranty regarding any transaction executed through, or in connection with this Site, and you understand and agree that such transaction are conducted entirely at your own risk. Any warranty that is provided in connection with any products, services, materials, or information available on or through this site from a third party is provided solely by such third party, and not by the owner of this Site.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “as is” and that the owner of this Site assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
FINANCIAL EARNINGS DISCLAIMER
When addressing financial matters in any of this Site’s emails, newsletters, blogs, packages, sessions or other content, the owner of the Site has made every effort to ensure accurate representation of these services and their ability to improve your life or business. However, by purchasing any product or service offered on this Site you accept and agree that you are fully responsible for your progress and results from your participation and actions. We offer no representations, warranties or guarantees verbally or in writing regarding your financial earnings or personal or professional results. You alone are responsible for your actions and results in your life and business, which are dependent on personal factors including your skill, knowledge, ability, dedication, network, marketing and financial situation, etc. The results experienced by each person may significantly vary. Any statements outlined on this Site regarding packages, content and offerings are not guarantees or promises of your actual performance. The owner offers no professional, legal, medical, psychological or financial advice and your participation in services or information on this Site will not treat, diagnose or cure any disease.
LIMITATION OF LIABILITY
In no event shall the owner of the Site or affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or nay damages whatsoever, including, without limitation, those resulting from loss of use or data, income or profits, whether or not you have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Site or any website reference or linked from this Site.
Further, the owner of this Site shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transaction through this Site, including without limitation the processing of orders.
Some jurisdictions prohibit the exclusion of limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
INDEMNIFICATION
All users herein agree to insure and hold the owner of this Site, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from your misuse of this Site or any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Feng Shui Yourself Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECURITY & PASSWORD
You are solely responsible for maintaining the confidentiality of your password and account, if applicable, and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
INTERNATIONAL USE
Although this site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
TERMINATION OF USE
You agree that the owner of this Site may, at sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. The owner of the Site shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken in connection with such termination or suspension.
RELEASE
In the event you have a dispute, you agree to release the owner of this Site (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
GOVERNING LAW
This Site (excluding any linked sites) is controlled by the owner in an office within the state of California, United States of America. It can be accessed from all 50 states, as well as, from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. You and the owner of the Site agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
GENERAL INFORMATION ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and the owner of the Site. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
NOTICES
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the owner at dara@fengshuiyourself.com, if by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one year after said claim or cause of action arose or shall forever be waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
CONTACT INFORMATION
Except as explicitly noted on this website, the services available through this site are offered by Dara Eden. If you notice that any user is violating these Terms, please contact me at dara@fengshuiyourself.com
Last modified April 6, 2023