Terms Of Use
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TERMS OF USE
Effective Date: August 30, 2024
To review material modifications and their effective dates scroll to the bottom of the page.
Welcome to www.ShellyLLiedtke.com, HumanDesignSelfCare.com and MysticMamaHumanDesign.com by Cosmic Shaman llc!
1. PARTIES.
The parties to these Terms of Use are you, and the owner of this ShellyLiedtke.com and/or HumanDesignSelfCare.com and/or MysticMamaHumanDesign.com website business, Cosmic Shaman llc ("Cosmic Shaman"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Cosmic Shaman.
By using the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Site. In addition, when you use any of our services or offerings, you may be subject to additional guidelines and terms applicable to those services or offerings.
You are encouraged to read these Terms carefully before accessing and using the Site.
2. ELIGIBILITY.
By accessing the Site, you represent and warrant that you are eighteen (18) years of age or older and have the legal capacity to enter into these Terms.
3. CONDUCT.
Users of the Site are encouraged to be respectful and abide by all applicable laws, rules and regulations. Failure to comply with the following rules will result in a termination of your access to the Site.
By accessing the Site, you agree not to:
4. USE AND RESTRICTIONS.
Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Site, its services or content; (ii) modify or make derivative works based on the Site, its services or content; or (iii) "frame" or "mirror" the Site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
5. DISCLAIMER.
THIS SITE IS FOR EDUCATIONAL AND/OR ENTERTAINMENT PURPOSES ONLY. IT IS NOT INTENDED TO BE USED FOR DIAGNOSING AND/OR PRESCRIBING. THE INFORMATION AND/OR SERVICES ON THIS SITE DOES NOT REPLACE ADVICE AND/OR SERVICES YOU MAY OR MAY NOT RECEIVE FROM A QUALIFIED MENTAL OR MEDICAL HEALTH CARE PROFESSIONAL(S). THE INFORMATION ON THIS WEBSITE AND/OR OUR SERVICES IS NOT TO BE USED AS A REPLACEMENT OF OR FOR ANY MENTAL AND/OR MEDICAL HEALTH CARE AND/OR ADVICE IN ANY FORM WHATSOEVER. BY YOUR CONTINUED ACCESS TO OR USE OF THE SITE, YOU AGREE AND ACKNOWLEDGE THAT YOU VOLUNTARILY TAKE FULL RESPONSIBILITY FOR ANY THOUGHTS, CHOICES, DECISIONS, WORDS, EMOTIONS, ACTIONS AND/OR IN-ACTIONS YOU MAKE REGARDING YOUR OWN HEALTH CARE, AND THE HEALTH CARE OF YOUR PERSONAL LEGAL FAMILY STEWARDSHIP, BASED UPON YOUR OWN RESEARCH AND THE ADVICE OF A QUALIFIED MENTAL AND/OR MEDICAL HEALTH CARE PROFESSIONAL(S).
6. TERMINATION.
If you violate any of these Terms (which include by reference our Privacy Policy and Refund Policy), or otherwise violate any agreement between you and us, we may prohibit you from using or accessing the Site, in our sole discretion.
7. MODIFICATION.
We reserve the right to modify these Terms at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this Site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
8. MONITORING.
We reserve the right, but not the obligation, to monitor your access and use of this Site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this Site's home page.
9. SEPARATE AGREEMENTS.
You may acquire products, services and/or content from this Site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
10. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
The Site is owned and operated by Cosmic Shaman. This Site and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, products, services, and all other elements of the Site provided by us (the “Materials”) is protected by law, including, but not limited to, United States copyright law and international treaties, copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws by the respective owner(s). The copyrights and other intellectual property in the content of this Site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
These Terms permit you to use the Site for your personal use only. We grant you a limited license to access and to make personal use of the Site. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE INFORMATION THAT WE PROVIDE YOU ON THE SITE IS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE STRIVE TO PROVIDE YOU WITH ACCURATE, COMPLETE AND UP TO DATE INFORMATION, BUT WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF ANY INFORMATION PROVIDED ON THIS SITE. WE ASSUME NO LIABILITY FOR ANY ERRORS OR MISSTATEMENTS ON THE SITE AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SITE.
IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. INDEMNIFICATION
You will defend, indemnify and hold harmless Cosmic Shaman, its independent contractors, service providers and consultants, and their and our respective directors, officers, business partners, employees, assistants, agents, sponsors, trustees, beneficiaries, heirs and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your access, use or conduct on the Site, any content you provide or your violation of these.
13. LINKS TO THIS SITE.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this Site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive manner. You may not use any logo, trademark, or tradename that may be displayed on this Site or other proprietary graphic image in the link without our prior written consent.
14. LINKS TO THIRD-PARTY WEBSITES.
We do not review or control third party websites that link to or from this Site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. We do not assume responsibility or liability for the actions, products, or contents on any third-party site. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use and privacy policy. We encourage you to independently evaluate whether these resources are good for you or not.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS.
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this Site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
16. DISCLOSURE REGARDING AFFILIATE LINKS.
We use selective affiliate links, which means a commission is earned if you make a purchase via the link. [The price you pay will be the same whether you use the affiliate link or go directly to the vendor’s website using a non-affiliate link.]
17. PAYMENT.
You agree to pay all costs associated with using the Site and purchasing the services or products provided by us. The price for the services or products will be made available at the time of purchase. You further agree to our return policies set out in our Refund Policy that is accessible through the Refund Policy link on this Site's home page.
We accept credit card payments. By submitting your order to purchase the services or products, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically.
18. TESTIMONIALS.
All client and/or student provided testimonials are authentic. The testimonials presented on our Site are applicable to the individuals depicted only and may not be representative of the experience of others. The testimonials are not paid for and are not indicative of future performance or success of any other individuals. We cannot and do not guarantee any results of people utilizing the material or services provided by us on our Site.
19. ARBITRATION.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Provo, Utah, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Utah, USA, to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.
20. JURISDICTION AND VENUE.
The courts of Utah County in the State of Utah, USA, and the nearest U.S. District Court in the State of Utah shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.
21. CONTROLLING LAW.
This Agreement shall be construed under the laws of the State of Utah, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
22. GEOGRAPHIC RESTRICTIONS.
COSMIC SHAMAN IS BASED IN THE STATE OF UTAH, IN THE UNITED STATES. WE PROVIDE THIS SITE FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. WE MAKE NO CLAIMS THAT THE SITE OR ANY OF ITS CONTENT IS ACCESSIBLE OR APPROPRIATE OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
23. SEVERABILITY.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms, and these Terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
24. FORCE MAJEURE.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
25. PRIVACY.
Your privacy is important to us. Our Privacy Policy also governs your visit to this Site and is hereby incorporated into these Terms by reference. You are encouraged to read this Site’s Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information. Our Privacy Policy is always accessible on our Site’s home page.
26. MISCELLANEOUS.
These Terms constitute the entire agreement between us relating to your access to and use of the Site. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.
CONTACT US
If you have any questions regarding these Terms, please contact the owner and operator of this website business at:
Cosmic Shaman llc
Attn: Terms of Use Officer
PO Box 334
Goshen, Utah 84633
Email: [email protected]
--
>>Updates/Modifications<< August 30, 2024:
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.
Effective Date: August 30, 2024
To review material modifications and their effective dates scroll to the bottom of the page.
Welcome to www.ShellyLLiedtke.com, HumanDesignSelfCare.com and MysticMamaHumanDesign.com by Cosmic Shaman llc!
1. PARTIES.
The parties to these Terms of Use are you, and the owner of this ShellyLiedtke.com and/or HumanDesignSelfCare.com and/or MysticMamaHumanDesign.com website business, Cosmic Shaman llc ("Cosmic Shaman"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Cosmic Shaman.
By using the Site, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Site. In addition, when you use any of our services or offerings, you may be subject to additional guidelines and terms applicable to those services or offerings.
You are encouraged to read these Terms carefully before accessing and using the Site.
2. ELIGIBILITY.
By accessing the Site, you represent and warrant that you are eighteen (18) years of age or older and have the legal capacity to enter into these Terms.
3. CONDUCT.
Users of the Site are encouraged to be respectful and abide by all applicable laws, rules and regulations. Failure to comply with the following rules will result in a termination of your access to the Site.
By accessing the Site, you agree not to:
- Use this Site for unlawful purposes;
- Impersonate any person or entity;
- Harass, threaten, or defraud users or staff of Cosmic Shaman or our vendors;
- Infringe upon any patent, trademark, trade secret, copyright or other proprietary right of the Site or any other party;
- Misrepresent the source, identity, or content of information transmitted via the Site;
- Take any action that would undermine any aspect of the Site;
- Transmit to the Site any virus or other program that may damage or impair the use of our or our users’ hardware, software or equipment;
- Take any action that would inhibit any other users’ enjoyment of the Site; or
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site.
4. USE AND RESTRICTIONS.
Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Site, its services or content; (ii) modify or make derivative works based on the Site, its services or content; or (iii) "frame" or "mirror" the Site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
5. DISCLAIMER.
THIS SITE IS FOR EDUCATIONAL AND/OR ENTERTAINMENT PURPOSES ONLY. IT IS NOT INTENDED TO BE USED FOR DIAGNOSING AND/OR PRESCRIBING. THE INFORMATION AND/OR SERVICES ON THIS SITE DOES NOT REPLACE ADVICE AND/OR SERVICES YOU MAY OR MAY NOT RECEIVE FROM A QUALIFIED MENTAL OR MEDICAL HEALTH CARE PROFESSIONAL(S). THE INFORMATION ON THIS WEBSITE AND/OR OUR SERVICES IS NOT TO BE USED AS A REPLACEMENT OF OR FOR ANY MENTAL AND/OR MEDICAL HEALTH CARE AND/OR ADVICE IN ANY FORM WHATSOEVER. BY YOUR CONTINUED ACCESS TO OR USE OF THE SITE, YOU AGREE AND ACKNOWLEDGE THAT YOU VOLUNTARILY TAKE FULL RESPONSIBILITY FOR ANY THOUGHTS, CHOICES, DECISIONS, WORDS, EMOTIONS, ACTIONS AND/OR IN-ACTIONS YOU MAKE REGARDING YOUR OWN HEALTH CARE, AND THE HEALTH CARE OF YOUR PERSONAL LEGAL FAMILY STEWARDSHIP, BASED UPON YOUR OWN RESEARCH AND THE ADVICE OF A QUALIFIED MENTAL AND/OR MEDICAL HEALTH CARE PROFESSIONAL(S).
6. TERMINATION.
If you violate any of these Terms (which include by reference our Privacy Policy and Refund Policy), or otherwise violate any agreement between you and us, we may prohibit you from using or accessing the Site, in our sole discretion.
7. MODIFICATION.
We reserve the right to modify these Terms at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this Site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
8. MONITORING.
We reserve the right, but not the obligation, to monitor your access and use of this Site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this Site's home page.
9. SEPARATE AGREEMENTS.
You may acquire products, services and/or content from this Site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
10. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
The Site is owned and operated by Cosmic Shaman. This Site and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, products, services, and all other elements of the Site provided by us (the “Materials”) is protected by law, including, but not limited to, United States copyright law and international treaties, copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws by the respective owner(s). The copyrights and other intellectual property in the content of this Site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
These Terms permit you to use the Site for your personal use only. We grant you a limited license to access and to make personal use of the Site. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE INFORMATION THAT WE PROVIDE YOU ON THE SITE IS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE STRIVE TO PROVIDE YOU WITH ACCURATE, COMPLETE AND UP TO DATE INFORMATION, BUT WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF ANY INFORMATION PROVIDED ON THIS SITE. WE ASSUME NO LIABILITY FOR ANY ERRORS OR MISSTATEMENTS ON THE SITE AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SITE.
IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. INDEMNIFICATION
You will defend, indemnify and hold harmless Cosmic Shaman, its independent contractors, service providers and consultants, and their and our respective directors, officers, business partners, employees, assistants, agents, sponsors, trustees, beneficiaries, heirs and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your access, use or conduct on the Site, any content you provide or your violation of these.
13. LINKS TO THIS SITE.
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this Site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive manner. You may not use any logo, trademark, or tradename that may be displayed on this Site or other proprietary graphic image in the link without our prior written consent.
14. LINKS TO THIRD-PARTY WEBSITES.
We do not review or control third party websites that link to or from this Site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. We do not assume responsibility or liability for the actions, products, or contents on any third-party site. Your use of any third-party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use and privacy policy. We encourage you to independently evaluate whether these resources are good for you or not.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS.
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this Site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
16. DISCLOSURE REGARDING AFFILIATE LINKS.
We use selective affiliate links, which means a commission is earned if you make a purchase via the link. [The price you pay will be the same whether you use the affiliate link or go directly to the vendor’s website using a non-affiliate link.]
17. PAYMENT.
You agree to pay all costs associated with using the Site and purchasing the services or products provided by us. The price for the services or products will be made available at the time of purchase. You further agree to our return policies set out in our Refund Policy that is accessible through the Refund Policy link on this Site's home page.
We accept credit card payments. By submitting your order to purchase the services or products, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically.
18. TESTIMONIALS.
All client and/or student provided testimonials are authentic. The testimonials presented on our Site are applicable to the individuals depicted only and may not be representative of the experience of others. The testimonials are not paid for and are not indicative of future performance or success of any other individuals. We cannot and do not guarantee any results of people utilizing the material or services provided by us on our Site.
19. ARBITRATION.
Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Provo, Utah, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Utah, USA, to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.
20. JURISDICTION AND VENUE.
The courts of Utah County in the State of Utah, USA, and the nearest U.S. District Court in the State of Utah shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms.
21. CONTROLLING LAW.
This Agreement shall be construed under the laws of the State of Utah, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
22. GEOGRAPHIC RESTRICTIONS.
COSMIC SHAMAN IS BASED IN THE STATE OF UTAH, IN THE UNITED STATES. WE PROVIDE THIS SITE FOR USE ONLY BY PERSONS LOCATED IN THE UNITED STATES. WE MAKE NO CLAIMS THAT THE SITE OR ANY OF ITS CONTENT IS ACCESSIBLE OR APPROPRIATE OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE SITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
23. SEVERABILITY.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these Terms, and these Terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
24. FORCE MAJEURE.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
25. PRIVACY.
Your privacy is important to us. Our Privacy Policy also governs your visit to this Site and is hereby incorporated into these Terms by reference. You are encouraged to read this Site’s Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information. Our Privacy Policy is always accessible on our Site’s home page.
26. MISCELLANEOUS.
These Terms constitute the entire agreement between us relating to your access to and use of the Site. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.
CONTACT US
If you have any questions regarding these Terms, please contact the owner and operator of this website business at:
Cosmic Shaman llc
Attn: Terms of Use Officer
PO Box 334
Goshen, Utah 84633
Email: [email protected]
--
>>Updates/Modifications<< August 30, 2024:
- Website Terms of Use added to HumanDesignSelfCare.com
Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.
