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Terms and Conditions
This web site located at www.thespiritualfengshui.com (this "Site") is provided by Eternal Sunshine Inc. is conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from this Site, you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.

These Terms and Conditions are entered into between Eternal Sunshine Inc. and you. If you are accessing the Site on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current services, including the release of new products or services.


Definitions
In addition to the terms defined throughout these Terms and Conditions, the terms "you", "your" and "yours" refer to the surfer, customer or purchaser utilizing this Site to obtain Services. The terms "we", "us" and "our" refer to Eternal Sunshine Inc.


Changes to Terms and Conditions
Eternal Sunshine Inc. reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.


Services
The Site provides you with access to a rich collection of resources, including, various communications tools like forums, blogs, chat and search services. The Site may include advertisements and that these advertisements are necessary for thespiritualfengshui.com to provide the Service. The Service may include certain communications from us, such as service announcements and administrative messages, and that these communications are considered part of your membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new properties, shall be subject to this Terms and Conditions You understand and agree that the Service is provided "as is" and "as available" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that certain areas on the Service contain adult or mature content. You must be at least 18 years of age to access the Service. Certain areas of the Service are publicly accessible. "Publicly accessible" areas of the Service are those areas that are intended by us to be available to the general public. By way of example, publicly accessible areas of the Service would include thespiritualfengshui.com Forums, Blogs, Events, and portions of Profiles that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Service intended for private communication such as thespiritualfengshui.com Messages or Chat, or areas outside the Site such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by us.


Registration
In order to access certain Services provided on the Site, you must register yourself on the Site. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, thespiritualfengshui.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


Member Account, Password and Safety
Upon registration with the Site, You will be provided with a password and account designation. You are solely responsible for maintaining the confidentiality of your password and account designation. You will be fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Your account is non-transferable and any right to your accounts or contents within your accounts terminates upon your death. Upon receipt of a copy of the death certificate, your account will be terminated and all contents therein will be permanently deleted.


Advertisements and Links
The site may contain advertisements and links to other World Wide Web sites or resources. Since we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. We will not be party to any legal proceedings between you and a party contacted or contracted through the site. In case we are implicated in any legal proceedings, costs will be recovered from the party that names us. We however will abide with any court order served on us through due process.


Permitted and Prohibited Uses
This Site is intended for the lawful use of members of the general public. Subject to these Terms and Conditions, We grant you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all data, text, design, graphics, drawings, photographs, software, video clips and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:
  • sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
  • transfer the Content to any other person without the prior written explicit consent of Eternal Sunshine Inc.;
  • use this Site in any manner that could damage, disable, overburden or impair this Site;
  • upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
  • interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
  • infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
  • disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
  • use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
  • use or attempt to use another's account, password, service, system or other information without prior written authorization from Eternal Sunshine Inc. or create or use a false identity on this Site;
  • transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
  • upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services;
  • attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access; or
  • Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

The services offered by us shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail/message or unsolicited commercial e-mail/message. We reserve the right to filter and monitor and block the emails sent by you/user using the servers maintained by us to relay email/messages. You shall make all attempts to abide by international best practices in containing and eliminating spam.

You understand that the Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. Therefore you are solely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We have no control over the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You have to conduct your own background checks and verification on the bona fide nature of all such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable and under no circumstances will you hold us liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

We use various technological methods for the security of the site. You agree not to circumvent these methods.

You will use the site only for your own purposes. Using content from the site for derivative works with a commercial motive without prior written consent from us is strictly prohibited.

We may monitor your use of the site, and may freely use and disclose any information and materials received from you or collected through your use of the site for any lawful reason or purpose. We may remove from the site any postings which we deem inappropriate or unsuitable, without notice or liability.

You hereby specifically agree that you shall, at all times, comply with the requirements of the various applicable laws. You are solely responsible for obtaining, at your own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the site.

You are prohibited from posting or transmitting information or software, which contains a computer virus, or a contaminant, worm or other harmful components on the site.

We are not responsible for any spam emails or virus which may contain a link to the site.


Copyright and Trademarks
"The Spiritual Feng Shui" and its logo are trademarks of Eternal Sunshine Inc. The Site contains various Content which are subject to intellectual property rights including copyrights and trade marks held or licensed by respective owners and is protected by applicable intellectual property and other laws. Except as expressly authorized by us or the relevant owners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the Content on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Content. You agree not to modify the Content in any manner or form, or to use modified versions of the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from us is prohibited. We respect the intellectual property of others and ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the accounts of users who infringe the intellectual property rights of owners of the Content. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights.


Content Submission
We do not claim ownership of Content which you submit or make available on the Service. You hereby grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Content listed or transmitted through the site, in all media now known or hereafter developed. You hereby waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time the Contents are removed from the Site by either you or us. Although we may provide certain security in an effort to protect the electronic transmission of certain content that you submit to us through this Site, we do not guarantee the security of any content transmitted to or from this Site.


Cookies
Upon your first visit to the Site, a cookie is sent to your computer that uniquely identifies your browser. A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. We use cookies to improve the quality of the service and to better understand how people interact with us. We do this by storing user preferences in cookies and by tracking user trends and patterns of how people search. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features or services of the site may not function properly without cookies.


Use and Storage
You acknowledge that we may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that email messages, Forum postings, Blogs, Clubs and Events postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge our discretion and right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.


Indemnity
You agree to defend, indemnify and hold harmless Eternal Sunshine Inc., its directors, officers, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Site

Disclaimer

Eternal Sunshine Inc. is not responsible for the success or failure of your decisions including financial and investment decisions relating to any information or Content presented through the Site. The information or Content should be carefully considered and evaluated, before reaching any decision, on whether to use the information or Content provided by the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your lifestyle or your skills or practices. Therefore we do not guarantee or imply that you will be successful. You agree that we are not responsible for any success or failure that you may experience as a result of using the Site or the information or Content present through the Site.


Refund
Eternal Sunshine Inc. fully guarantees the quality of its e-books and consultation services accessible via this Site. We offer a 1 year unconditional warranty for e-books and a 90 days unconditional warranty for consultation services. When you avail our consultation service, we continuously will work with you on specific suggestions for 90 days. If for any reason you are not satisfied with our consultation service, you must inform us within these 90 days to be eligible for refund. No refund for consultation services will be given after 90 days from the date you first contacted us with your question.


Warranty Disclaimer
Eternal Sunshine Inc. disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. We do not warrant that the Service or the Contents will meet your requirements and expectations. We will make all efforts to do so but do not warrant that the Site or any network system linked to it is free of any operational errors nor do we warrant that it will be free of any virus, computer contaminant, worm, or other harmful components. We give no guarantee that the server or applications of the site shall working properly at all times. All is on a best effort basis. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any loss or damage you may suffer on account of such download. No advice or information, whether oral or written, obtained by you from Eternal Sunshine Inc. or from the Service shall create any warranty not expressly stated in this Terms and Conditions. Some of you may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service - dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.


Liability
All content and services provided on or through this site are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non infringement. Your use of this site is solely at your risk. In no event shall Eternal Sunshine Inc. be liable to you for your accessing of this site or under or related to this agreement for any indirect, special, punitive, incidental, reliance, exemplary or consequential damages, loss of profits, loss of expected savings, or any other non-direct damages howsoever caused. You expressly understand and agree eternal sunshine inc shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Eternal Sunshine Inc. has been advised of the possibility of such damages), resulting from:
  • the use or the inability to use the Service or the Site
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service
  • unauthorized access to or alteration of your transmissions or data
  • statements or conduct of any third party on the Service; or
  • any other matter relating to the Service.
Modifications
We may change, suspend or discontinue any aspect of the Site or the Service (or any part thereof) or your use of the Site or the Service (or any part thereof) at any time, including the availability of any of the Content. We also reserve the right to impose limits on certain features and services or restrict your access to parts or all of the Site or Service without notice or liability.


Termination
We may, under certain circumstances at our sole discretion and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to:
  • breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines,
  • requests by law enforcement or other government agencies,
  • a request by you (self-initiated account deletions),
  • discontinuance or material modification to the Service (or any part thereof),
  • unexpected technical or security issues or problems, and
  • extended periods of inactivity.
  • upon your death


Termination of your account includes:
  • removal of access to all offerings within the Service, including but not limited to Forums, Blogs, and deletion of your password and all related information,
  • files and content associated with or inside your account (or any part thereof), and
  • barring further use of the Service.
Further, you agree that we shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.


Choice of law
These Terms and Conditions shall be deemed to have been made and performed exclusively in Toronto, Ontario, Canada and shall be governed by and construed under the laws of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Delaware for any claim related hereto, arising here from or in connection herewith and agree not to bring any action, claim, suit or proceeding against Eternal Sunshine Inc. or any officer, director, partner or employee thereof in any jurisdiction other than Ontario.


General
The Result Disclaimer, Privacy Policy, Copyright Policy and Credit Card & Online Payment Security Policy are a binding part of these Terms and Conditions and together with these Terms and Conditions constitute the entire agreement between Eternal Sunshine Inc. and you with respect to your use of this Site and supercede all prior Terms and Conditions/agreements. Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to in effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within 1 year after the claim or cause of action arises. The titles in this Terms and Conditions are for convenience only and have no legal or contractual effect. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability. Accordingly, some of the above limitations of warranty and liability may not apply to you. Except as specifically provided in this Terms and Conditions, you agree that there shall be no third party beneficiaries to this Agreement. Eternal Sunshine Inc. reserves the right to provide you with notices, including those concerning changes in the Terms and Conditions either by mail, regular mail or posting on the Site and Service.

Please report any violations of the Terms and Conditions to support@thespiritualfengshui.com

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