Updated May 5th, 2016
1. FOR ENTERTAINMENT USE ONLY
THIS SERVICE IS PROVIDED BY Astrology Kindom LLC, INC. FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE PREMIUM AREAS OF THIS SERVICE. ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD HOLDER. AT WWW.ASTROLOGYKINDOM.COM WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR READING. OUR EXPERT SPIRITUAL ADVISORS MAKE EVERY EFFORT TO PROVIDE YOU WITH HELPFUL ADVICE. HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH WWW.ASTROLOGYKINDOM.COM
The use of the www.astrologykingdom.com website (the Site) and services is governed by these Terms of Use. By using the Site, you acknowledge that you have read the Terms of Use and the disclaimers contained therein and that you accept and agree to be bound by the terms thereof. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SITE MATERIALS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.
2. ACCEPTANCE PROCEDURE
By accessing materials on the www.astrologykingdom.com website (the Site) you agree with these Terms of Service. The Site includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the Site and related materials. www.astrologykingdom.com reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your access to the Site will be deemed to be your acceptance of, and agreement, to any such changed terms and conditions.
Internet technology and the applicable laws, rules, and regulations change frequently. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS IS NOTED UNDER THE HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
3. PRIVACY POLICY
Astrology Kindom knows that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy which is part of this Agreement.
4. OUR SERVICES
The Site provides astrological content, reports, information, and access to e-mail consultations (Content). Although the Content may be viewed via a standard Internet connection and the Site and certain e-mail/offerings are free and open to the public, certain premium services may require registration and/or payment (the Services). Premium Services are available to individuals over the age of 18. In addition, the Site does not permit use of the Services by residents of any jurisdiction that may prohibit our Services. You certify that the information given to www.astrologykingdom.com on registration is true and complete. Astrology Kindom will not be responsible for any false statements made in registration.
5. RULES OF SERVICE
Note that accounts only remain active and valid for a period of two years from the date of the last purchase transaction or expert spiritual advice. We reserve the right to refuse service to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our Site or using our Services. Furthermore, an expert spiritual advisor has the right to terminate communication at anytime if a customers comments and/or behavior is deemed by the expert spiritual advisor to be inappropriate, abusive, or threatening. The expert spiritual advisor will report the termination to Customer Service and such a customer may be denied future access. Any such report made by an expert spiritual advisor to us shall not be deemed a violation of our Privacy Policy.
6. TERMINATION OF ACCOUNT
These Terms of Use will take effect at the time you visit the Site. Astrology Kindom reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Astrology Kindom shall have the right to immediately terminate a users account in the event of any conduct by a user which Astrology Kindom in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms of Use. Termination will be effective without notice. You may also terminate these Terms at any time by ceasing to use the Site, but all applicable provisions of these Terms will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Astrology Kindom proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason.
7. OUR SATISFACTION GUARANTEE
We dont guarantee that our expert spiritual advisor feedback will come true, but we do our best to ensure that you enjoy the reading. To ensure your satisfaction with your reading experience, we offer a satisfaction guarantee on your most recent paid reading.
8. DISCOUNTS
Unless otherwise noted, all coupons, discounts and special offers are valid for a limited period of time, can be used only once and may not be combined. We reserve the right to change these Terms of Service, discounts on other bonus point promotions at anytime without notice.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., NOR ANY OF ITS OR THEIR AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTYS) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION. IN PARTICULAR, WWW.ASTROLOGYKINDOM.COM AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
10. DISCLAIMER - NO PROFESSIONAL ADVICE - NO RELIANCE ON THE TERM EXPERT
NFORMATION PROVIDED THROUGH OUR SERVICES, ON THE SITE AND IN WWW.ASTROLOGYKINDOM.COM MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN HOROSCOPES, TELEPHONE AND E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE NAMES AND FACES OF SOME OF OUR EXPERTS HAVE BEEN ALTERED IN ORDER TO PROTECT THE PERSONAL IDENTITY OF OUR ASTROLOGERS FROM POTENTIAL AND UNWANTED ATTENTION NOT LIMITING STALKING AND HARASSMENT. INFORMATION FROM WWW.ASTROLOGYKINDOM.COM IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE OR INFORMATION RECEIVED THROUGH OUR SERVICES. WWW.ASTROLOGYKINDOM.COM IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE WWW.ASTROLOGYKINDOM.COM SITE OR IN WWW.ASTROLOGYKINDOM.COM MATERIALS OR THROUGH OUR SERVICES. WWW.ASTROLOGYKINDOM.COM IS NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY WWW.ASTROLOGYKINDOM.COM, BY A WWW.ASTROLOGYKINDOM.COM EMPLOYEE OR CONTRACTOR, BY A THIRD PARTY MODERATOR, BY WWW.ASTROLOGYKINDOM.COM SPONSORS OR BY OTHER USERS OF THE WWW.ASTROLOGYKINDOM.COM SITE OR SERVICES IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY WWW.ASTROLOGYKINDOM.COM OR ITS SPONSORS OR OTHERWISE ON THE SITE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
11. GENERAL DISCLAIMER
THE INFORMATION PROVIDED ON, FROM OR THROUGH WWW.ASTROLOGYKINDOM.COM, ITS SERVICES AND THE SITE IS PROVIDED AS-IS AND AS AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE SITE AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WWW.ASTROLOGYKINDOM.COM AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, WWW.ASTROLOGYKINDOM.COM AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WWW.ASTROLOGYKINDOM.COM AND YOU. THE SITE AND THE INFORMATION AND SERVICES PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WWW.ASTROLOGYKINDOM.COM THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WWW.ASTROLOGYKINDOM.COM MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER Astrology Kingdom LLC., NOR ANY OF ITS AFFILIATES HAS ANY RESPONSIBILITY OR OBLIGATION TO NOTIFY YOU OF YOUR ACCUMULATED CHARGES OR OTHER EXPENSES WITH US. THE AMOUNT OF QUESTIONS YOU SEND THE EXPERT SPIRITUAL ADVISORS WILL BE REFLECTED IN YOUR CHARGES AND IS SOLELY AT YOUR OWN ELECTION OR CHOICE. Astrology Kingdom LLC, DOES NOT MONITOR USAGE PATTERNS AND IS UNDER NO OBLIGATION TO ANY CUSTOMER TO TAKE ANY ACTION OR TO REFRAIN FROM TAKING ANY ACTION WITH RESPECT TO USAGE OF THE SITE OR SERVICES.
12. THIRD-PARTY INFORMATION
Any articles, press clippings or other third-party publications (collectively, Publications) made available through the Site are furnished by www.astrologykingdom.com for your convenience and entertainment. www.astrologykingdom.com is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including psychics, information providers or any user of the Site, are those of the respective author(s) or publisher(s) and not of www.astrologykingdom.com or its affiliates. WWW.ASTROLOGYKINDOM.COM DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
13. THIRD PARTY PROVIDERS
Third Party Provider content is the intellectual property of the provider. Any copying, republications or redistribution of content, including, but not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent of Provider. Third Party Provider shall not be liable for any errors or delays in content, or for any action taken in reliance thereon. Similarly we have not reviewed and cannot control all of the material, including computer software or other goods or services made available on or through third-party websites. Accordingly, we do not represent, warrant or endorse any third-party website, or the accuracy, currency content, fitness, lawfulness, or quality of the information material, goods, or services available through third-party websites. We disclaim and you agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.
14. RESTRICTIONS; COMPLIANCE WITH LAWS
Your right to use the Site and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Site and your use of the Services is subject to all applicable local, state, provincial, national and international laws and regulations. By using the Web Site or the Services, you agree:
Astrology Kindom reserves the right, in its sole discretion, to immediately terminate your access to and use of the Site or the Services without right to refund, for any violation of these Terms of Use.
Important Note: It is a violation of our Terms of Use for you to be in direct contact with any of our expert spiritual advisors outside the online service or to ask any of our expert spiritual advisors for their direct contact information - if you do so in violation of these terms, Astrology Kingdom LLC. bears no liability for any resulting actions, and your ability to use our services may be revoked. Any such activities in violation of our Terms of Use, may be reported to Astrology Kingdom LLC. by our expert spiritual advisors and any such reports shall not be deemed a violation of our Privacy Policy.
15. LINKS TO SPONSORS AND OTHER THIRD PARTY SITES
Certain links on the Site will let you leave the Site. These linked sites, for example those of our sponsors, are not under the control of www.astrologykingdom.com, and www.astrologykingdom.com is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by www.astrologykingdom.com of any such linked site or the products therein.
16. INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF WEB SITE
The contents of the Site, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. www.astrologykingdom.com hereby authorizes you to copy (electronically or in hard copy) materials published on the Site or in print for non-commercial personal use only, provided that any copy of these documents which you make shall retain all copyright and other proprietary notices and any disclaimer contained on the documents. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in the Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of www.astrologykingdom.com. No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of www.astrologykingdom.com, its affiliates, or any third party. www.astrologykingdom.com may, at our discretion, limit or restrict the access and use of the Site of any users who infringe the intellectual property rights in the manner described above.
17. CONSENT TO RECEIVE EMAIL SUBMISSIONS
By submitting Your email address on the Site, You consent to receive periodic email communications from the Site concerning its products and services. You may opt-out of receiving email communications at any time by following the unsubscribe instructions contained in each email.
18. MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)
You acknowledge that you are responsible for any submission you make (Submissions), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Submissions shall be deemed to be non-confidential and non-proprietary. www.astrologykingdom.com shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to www.astrologykingdom.com and the Site, you automatically grant to Astrology Kingdom LLC. a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of www.astrologykingdom.com to access, view, store or reproduce the Submissions for that users personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of testimonial e-mails, you acknowledge that you grant Astrology Kingdom LLC. the right to publicly display all or a part of such Submission on the Site or in any other format or media at any time. Please note that www.astrologykingdom.com does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential. For purposes of this paragraph, Submissions shall not include personally identifiable information, which shall be treated by www.astrologykingdom.com in accordance with our Privacy Statement.
This Web Site (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Astrology Kingdom LLC., its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this Site are also copyrighted works, and Astrology Kingdom LLC., its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this Site. By posting or submitting content on or to the Site (including the Blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Astrology Kingdom LLC, and its affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Site made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Site, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and Astrology Kingdom LLC., its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Astrology Kingdom LLC., its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by Astrology Kingdom LLC. and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Astrology Kingdom LLC. all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Astrology Kingdom LLC., this Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.
We reserve the right to edit, remove or not publish Submissions without prior notice.
20. EXPERTS QUESTION SERVICE
As an added service, some users will be given the option to purchase one of our unique Experts packages. Our Experts service is fully backed by a complete 30 day satisfaction guarantee policy. We reserve the right to reject refund requests for services previously given. We gladly refund credits but reserve the right to reject dollar refund requests for services previously rendered by our astrology experts. Our Expert team requires a fee for their services given and thus we must pay them if answer received was satisfactory. Any unanswered questions will be prorated and refunded to you upon request.
22. PREMIUM CONTENT REFUND POLICY
www.astrologykingdom.com has several products better referred to as Premium Content. ANY PRODUCT purchased at www.astrologykingdom.com falls under the name Premium Content. If you are unsatisfied with any Premium Content purchase, you may apply for a refund within thirty (30) days of your purchase by emailing support@astrologykingdom.com. All sales are final after thirty (30) days from the delivery of the Premium Content to You, at which point no refund will be issued.
23. INDEMNIFICATION
You agree to indemnify, defend and hold harmless www.astrologykingdom.com, Astrology Kingdom LLC. its and their affiliates and suppliers from any liability, loss, claim and expense (including attorneys reasonable fees) related to (i) your violation of these Terms, and (ii) your use of this Site or the Services.
24. DISPUTES GOVERNING LAW
This Agreement shall be treated as though it were executed and performed in Miami Florida, USA and shall be governed by and construed in accordance with the laws of Miami, Florida, USA (without regard to conflict of laws principles.)
(a) REQUIREMENT OF ARBITRATION
BY USING THE SITE, THE SITE MATERIALS, AND/OR THE CONTENT, YOU THEREBY AGREE WITH WWW.ASTROLOGYKINDOM.COM, AstrologyKingdom.com, llc., AND ITS AFFILIATES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AS USED IN THIS AGREEMENT, AN ARBITRAL CLAIM IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AND ITS AFFILIATES OR INDEMNIFIED PARTIES, OR ANY CLAIM WWW.ASTROLOGYKINDOM.COM, Astrologykingdom LLC., AND ITS AFFILIATES HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SITE MATERIALS, THE CONTENT, AND/OR ANY ADVERTISING RELATING TO THE SITE, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE BUT SPECIFICALLY EXCLUDING (1) CLAIMS BY WWW.ASTROLOGYKINDOM.COM, Astrology Kindom, LLC., AND ITS AFFILIATES TO COLLECT FROM YOU UNPAID FEES AND LATE FEES; AND (2) ACTIONS FOR REMEDIES IN AID OF ARBITRATION OR EQUITABLE RELIEF RELATING TO INTELLECTUAL PROPERTY RIGHTS, AS FURTHER DISCUSSED BELOW IN THE REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF SUBSECTION. EXCEPT AS OTHERWISE EXPLICITLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE ADR SIMPLIED ARBITRATION RULES THEN IN EFFECT (THE SIMPLIFIED RULES).
(b) WAIVER OF RIGHT TO A JURY TRIAL
BY REGISTERING FOR OR USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ALSO ARE AGREEING WITH WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AND ITS AFFILIATES THAT YOU AND WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AND ITS AFFILIATES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AND ITS AFFILIATES, BOTH PARTIES STILL AGREE TO WAIVE TRIAL BY JURY.
(c) JOINDER OF CLAIMS
BY USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ARE FURTHER AGREEING WITH WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AND ITS AFFILIATES THAT NEITHER YOU NOR WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AND ITS AFFILIATES WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR WWW.ASTROLOGYKINDOM.COM, Astrology Kingdom LLC., AND ITS AFFILIATES WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
(d) FINALITY, APPLICATION OF ARBITRATION AWARD
ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(e) INTERPRETATION
In rendering an award, the arbitrator shall apply the substantive and procedural law of Miami, Florida, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.
(f) HEARINGS; FEES & COSTS
Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Simplified Rules would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Simplified Rules, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other partys costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys fees.
(g) REMEDIES IN AID OF ARBITRATION; EQUITBLE RELIEF
This agreement to arbitrate will not preclude either You or www.astrologykingdom.com, Astrology Kingdom LLC., and its affiliated entities from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either You or www.astrologykingdom.com, Astrology Kingdom LLC., and its affiliated entities from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of You, www.astrologykingdom.com, Astrology Kingdom LLC., or its affiliated entities. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING EQUITABLE RELIEF WILL BE THE COURTS LOCATED IN MIAMI FLORIDA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS. Any cause of action brought by you against www.astrologykingdom.com, Astrology Kingdom LLC., or its affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
25. WAIVER & SEVERABILITY
Failure to insist on strict performance of any of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Astrology Kindom of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.
26. SUCCESSORS AND ASSIGNS
We may perform any of our obligations or exercise any of our rights under these Terms of Use through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Astrology Kindom or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms of Use. You may not assign your rights or obligations under these Terms of Use, by operation of law or otherwise, without our prior written consent.
27. MISCELLANEOUS
These Terms constitute the sole agreement between you and www.astrologykingdom.com and its affiliated entities relating to your use and our provision of the Site and the Services and the subject matter hereof. The laws of the province of Miami Florida govern these Terms in all respects, without giving effect to conflicts of laws principles.
28. ENTIRE AGREEMENT
No joint venture, partnership, employment, or agency relationship exists between you and Astrology Kindom as a result of these Terms of Use or your utilization of this Site. These Terms of Use, Astrology Kindom Privacy Policy, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Astrology Kindom with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Astrology Kindom with respect to this Site.
This Terms of Use statement was last updated on May 5th, 2015.