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TERMS AND CONDITIONS OF SERVICE
www.SoulMateMedium.com
Use of the www.SoulMateMedium.com web sites are governed by the following terms and conditions.
1. Use
www.SoulMateMedium.com reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. Users agree that .com shall not be liable to users or to any third party for any modification, suspension or discontinuance of services. SoulMateMedium.com reserves the right to edit Material and deny service to any person or company in its sole discretion.
2. Representations/Warranties by Member
Member and any person or company that submits Material to SoulMateMedium.com for display on the SoulMateMedium.com web sites (herein referred to as "Member") represent and warrant that all Material contained in the materials delivered to SoulMateMedium.com shall be its own and original creations, or shall be properly licensed to Member, and further that any such use by .com will not infringe upon the right of any third party, including without limitation, copyright, trademark, or other intellectual property rights. Member also represents and warrants that any information provided to SoulMateMedium.com is true, accurate, and complete. Member shall defend, indemnify and hold harmless SoulMateMedium.com against any and all liability arising out of any breach of the foregoing representations and warranties.
3. Choice of Law/Integration
This Agreement shall be governed by and construed under the laws of the State of California applicable to agreements made and fully performed therein. This Agreement represents the full and entire understanding between the parties, and any changes or modifications must be set forth in writing and signed by both parties.
4. Legal Disclaimer
The information contained on the SoulMateMedium.com web sites, and any linked resources, are intended to provide general information. The Material is not guaranteed to be correct, complete, or up-to-date. SoulMateMedium.com does not investigate or verify the information provided by vendors. SoulMateMedium.com does not guarantee the performance of any company or person that is listed on its sites.
5. THE INFORMATION IS PROVIDED "AS IS" AND SOULMATEMEDIUM.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THIS INFORMATION.
SOULMATEMEDIUM.COM DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THIS INFORMATION. YOUR USE OF THIS INFORMATION IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS INFORMATION. SOULMATEMEDIUM.COM WILL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION BASED UPON A STATUTE, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, RELATING TO THE USE OF THIS INFORMATION.
6. Limitation Of Liability; No Warranty
USE OF THE WEBSITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF SOULMATEMEDIUM.COM'S PRODUCTS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE. SOULMATEMEDIUM.COM MAKES NO GUARANTEE OR WARRANTY OF THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERROR OR OMISSION ARISING FROM THE USE OF SUCH INFORMATION; ANY FAILURE, DELAY, OR INTERRUPTION IN THE DELIVERY OF ANY SERVICES CONTAINED WITHIN THE WEBSITE; OR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES PROVIDED BY SOULMATEMEDIUM.COM. SOULMATEMEDIUM.COM ALSO SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS AND SERVICES SUPPLIED UNDER THIS AGREEMENT. IF THE REMEDY PROVIDED FOR HEREIN IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE, SOULMATEMEDIUM.COM'S LIABILITY SHALL BE LIMITED TO ONE-HALF THE TOTAL AMOUNT OF ITS NET CASH RECEIPTS FROM SALES OF COPIES OF THE MATERIAL. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE GRANTED BY SOULMATEMEDIUM.COM UNDER THIS AGREEMENT, ALL SUCH WARRANTIES BEING HEREBY SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES SHALL SOULMATEMEDIUM.COM HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS, INCLUDING LOST PROFITS OR LOSS OF GOODWILL, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
7. Miscellaneous
If any provision of this agreement held to be unlawful, void, or unenforceable, in whole or in part, as to any situation or person, the balance of this Agreement shall remain in effect and the provision in question shall remain in effect as to all other persons or situations, as the case may be. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of California, exclusive of its rules governing choice of law and conflict of laws. You and SoulMateMedium.com each consent to the exclusive jurisdiction of the federal and local courts in Los Angeles for litigation of any and all disputes that may arise between us and to hold any arbitration between us in Los Angeles. You and SoulMateMedium.com each consent to personal jurisdiction in Los Angeles County, and agree that venue in Los Angeles is convenient.
This Agreement may be amended or modified only in a writing signed by both parties or by SoulMateMedium.com's revision of it by updating this posting, notifying you electronically, and your subsequent acceptance of the revised Agreement online. If you reject the proposed amendment or modification, then this Agreement will be terminated. If you have not rejected a proposed amendment or modification within fifteen (15) business days of the date of your notice, you will be deemed to have accepted the proposed amendment or modification.