The Website available at m.top5psychicreading.com (“Website”) is owned and operated by S.A.S. (“”) and is provided to you under the following terms and conditions:
Subject to the terms and conditions of this Agreement, grants you access to the Website, solely for your own use, and not for the use or benefit of any third party. You certify to that you are an individual (i.e., not a corporation) and at least 18 years of age and a resident of the United States.
You will only use the Website for lawful purposes, in compliance with all applicable laws and regulations. Unlawful activities may include (without limitation) storing, distributing or transmitting any unlawful material through use of the Website or attempting to compromise the security of any networked account or Website. You may not copy, distribute or modify any part of the Website in any medium; you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the features that enforce limitations on use of the Website, or interfere with any activity being conducted on the Website; and you may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website. To comply with applicable laws and lawful government requests, to operate its Website properly, or to protect itself or its users, reserves the right to access and disclose any information and other content provided to or by you, or accessed by you through the Website. This may also include disclosing users’ names and other identification information. You agree to indemnify and hold , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of this Agreement. You hereby acknowledge that has and shall have no liability for how the Website is used, what content is posted or accessed, or what products or services are offered through the Website.
3. INTELLECTUAL PROPERTY
As between you and , all content and software included on the Website are the property of and protected by United States and international copyright laws. The trademark and logo and other marks, graphics and logos used on the Website are the property of, or licensed to, . ’s trademarks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits . All other trademarks not owned by or its affiliates that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by or its affiliates.
You will be responsible for obtaining and maintaining any equipment needed to connect to, access or otherwise use the Website, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Website.
The products and services featured on the Website are offered by third parties (“Offerors”). When you select a product or service featured on the Website, you are redirected to the Offeror’s website. Any purchase is made directly from such Offeror, not from . Product and service descriptions and specifications are subject to change, and may contain typographical errors or may be incorrect, incomplete or not current. periodically adds, updates and corrects the information in the Website without notice, based on information provided by Offerors. assumes no responsibility for the accuracy of such information.
may terminate your access to the Website, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
7. WARRANTY DISCLAIMER.
You use the Website at your own risk. , its employees, users, affiliates, agents, Offerors, licensors and the like do not warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Website, or as to any content, product, service, transaction or merchandise provided or entered into through the Website.
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS LEGAL, HOME SECURITY, MEDICAL OR FINANCIAL ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND ARE INCORPORATED HEREIN BY THIS REFERENCE.
THE WEBSITE AND ANY CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES.
8. LIMITATION OF LIABILITY.
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID BY YOU FOR THE WEBSITE DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, OR (II) FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT OR FILES, PROFIT, GOODWILL, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU SPECIFICALLY ACKNOWLEDGE THAT ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL OFFERED ON OR THROUGH THE WEBSITE. WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you. may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of Spain without regard to conflicts of laws provisions thereof or to the 1980 U.N. Convention on contracts for the international sale of goods. Unless otherwise elected by , the sole jurisdiction and venue for actions related to the subject matter hereof shall be the courts having within their jurisdiction the location of ’s principal place of business, and each party hereby consents to such jurisdiction and venue. NEITHER you NOR WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN ANY JURISDICTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER in connection with this agreement or the website. YOU AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.