Astrology Answers - Terms of Service
Updated June 20, 2014
1. FOR ENTERTAINMENT USE ONLY
THIS SERVICE IS PROVIDED BY NEW PEAK MEDIA, 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.ASTROLOGYANSWERS.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.ASTROLOGYANSWERS.COM
2. ACCEPTANCE PROCEDURE
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.AstrologyAnswers.com on registration is true and complete. Astrology Answers will not be responsible for any false statements made in registration.
5. RULES OF SERVICE
6. TERMINATION OF ACCOUNT
7. OUR SATISFACTION GUARANTEE
We don’t 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.
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.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., 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 PARTY’S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION. IN PARTICULAR, WWW.ASTROLOGYANSWERS.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.ASTROLOGYANSWERS.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.ASTROLOGYANSWERS.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.ASTROLOGYANSWERS.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.ASTROLOGYANSWERS.COM SITE OR IN WWW.ASTROLOGYANSWERS.COM MATERIALS OR THROUGH OUR SERVICES. WWW.ASTROLOGYANSWERS.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.ASTROLOGYANSWERS.COM, BY A WWW.ASTROLOGYANSWERS.COM EMPLOYEE OR CONTRACTOR, BY A THIRD PARTY MODERATOR, BY WWW.ASTROLOGYANSWERS.COM SPONSORS OR BY OTHER USERS OF THE WWW.ASTROLOGYANSWERS.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.ASTROLOGYANSWERS.COM OR ITS SPONSORS OR OTHERWISE ON THE SITE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
11. GENERAL DISCLAIMER
12. THIRD-PARTY INFORMATION
Any articles, press clippings or other third-party publications (collectively, “Publications”) made available through the Site are furnished by www.AstrologyAnswers.com for your convenience and entertainment. www.AstrologyAnswers.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.AstrologyAnswers.com or its affiliates. WWW.ASTROLOGYANSWERS.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:
- not to use the Site or the Services for illegal purposes;
- not to interfere with or disrupt networks connected to the Site;
- to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the Site or the Services to send electronic mail;
- not to use the Site or the Services to send chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use;
- not to use the Site or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
- not to interfere with any other user’s access to or use of the Site or the Services.
- not to record or use any audio recording or retention devices/technology without the express written consent of New Peak Media, Inc.
- not to speak or act in a manner that is deemed by an Expert Spiritual Advisor(s) to be inappropriate, abusive, or threatening.
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.AstrologyAnswers.com, and www.AstrologyAnswers.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.AstrologyAnswers.com of any such linked site or the products therein.
16. INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF WEB SITE
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.AstrologyAnswers.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.AstrologyAnswers.com and the Site, you automatically grant to New Peak Media, Inc. 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.AstrologyAnswers.com to access, view, store or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonial” e-mails, you acknowledge that you grant New Peak Media, Inc. 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.AstrologyAnswers.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.AstrologyAnswers.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 New Peak Media, Inc., 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 New Peak Media, Inc., 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 New Peak Media, Inc, 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 New Peak Media, Inc., 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.
We reserve the right to edit, remove or not publish Submissions without prior notice.
19. DMCA POLICY
If you are a copyright owner or agent thereof and believe that any Submission infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent, email at: email@example.com; or mail, postage prepaid, to 10040 West Cheyenne Ave 170-129 Las Vegas, NV 89129.
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. Contact our support staff anytime at 1-800-388-3510 and we will gladly answer any requests.
21. EXPERTS QUESTION CANCELLATION AND REFUND POLICY
By purchasing an Experts Package, you expressly authorize the www.AstrologyAnswers.com (or its partners, affiliates, and/or agents) to charge Your Active Card the Fees associated with the use of the Experts question panel. WWW.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., NOR ANY OF ITS OR THEIR AFFILIATES DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY OVERDRAFT CHARGES OR FEES YOU MAY INCUR FROM YOUR CARD ISSUER OR BANK FOR INSUFFICIENT FUNDS. All delinquent charges and charges not honored by Your Active Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s). Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes You may have raised regarding Your invoiced charges, provided however that any disputed charges which are resolved in Your favor will not be assessed a late fee or have the late fee removed from the charges. If for whatever reason you're unhappy with your Expert's response or the time it took to receive answer then please contact customer support for a refund. Our customer service phone number is 1-800-388-3510.
22. PREMIUM CONTENT REFUND POLICY
www.AstrologyAnswers.com has several products better referred to as “Premium Content”. ANY PRODUCT purchased at www.AstrologyAnswers.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 firstname.lastname@example.org. 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. PAYMENT PLANS TRANSACTION CANCELLATION AND REFUND POLICY
When you purchase a report or product under a payment plan program (collectively, “Payment Plan Programs”), the credit or debit card that you provide during registration (or a different credit or debit card if You later change Your credit or debit card) (the “Active Card”) will be charged the initial payment fee upon Your enrollment in the Payment Plan Program. If You do not cancel your Payment Plan Program within thirty (30) days of your enrollment, Your Active Card will be charged the Payment Plan Program fee disclosed to You at the time of Your enrollment (the “Payment Plan Program Fee”). YOUR ACTIVE CARD WILL BE CHARGED THE PAYMENT PLAN FEE EVERY THIRTY (30) DAYS FROM THE DATE YOUR PAYMENT PLAN BEGAN, UNTIL ALL DISCLOSED AND PREVIOUSLY AGREED PAYMENTS ARE COMPLETE, UNLESS YOU CANCEL YOUR PAYMENT PLAN PROGRAM IN ACCORDANCE WITH THIS AGREEMENT.
You expressly authorize the www.AstrologyAnswers.com (or its partners, affiliates, and/or agents) to charge Your Active Card the Payment Plan Fee. You acknowledge and agree that www.AstrologyAnswers.com will not obtain additional authorization from You for each Monthly Membership Fee charged to Your Active Credit Card. WWW.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., NOR ANY OF ITS OR THEIR AFFILIATES DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY OVERDRAFT CHARGES OR FEES YOU MAY INCUR FROM YOUR CARD ISSUER OR BANK FOR INSUFFICIENT FUNDS. All delinquent charges and charges not honored by Your Active Card issuer or bank will be subject to a late fee equal to 1.5% (or the highest amount allowed by law, whichever is lower) of the delinquent amount(s). Except to the extent prohibited by law, this late fee may be charged pending the resolution of any disputes You may have raised regarding Your invoiced charges, provided however that any disputed charges which are resolved in Your favor will not be assessed a late fee or have the late fee removed from the charges. You may cancel your Payment Plan Programs at any time by contacting the customer support at email@example.com.
If you are unsatisfied with Your product associated with the Payment Plan Program, you may apply for a refund within thirty (30) days of Your enrollment by contacting the customer support to cancel Your membership as described in the preceding paragraph. If you cancel your membership within thirty (30) days of your last payment, you may apply for a refund of the most recent charge. All sales of product associated with the Payment Plan Programs are final after six thirty (30) days from the last payment processed, at which point no refund will be issued for any fees paid.
You agree to indemnify, defend and hold harmless www.AstrologyAnswers.com, New Peak Media, Inc. 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.
25. DISPUTES GOVERNING LAW
This Agreement shall be treated as though it were executed and performed in Alberta, Canada and shall be governed by and construed in accordance with the laws of Alberta, Canada (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.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WWW.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE ADR INSTITUTE OF CANADA, INC. (“ADR”). AS USED IN THIS AGREEMENT, AN “ARBITRAL CLAIM” IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH WWW.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES OR INDEMNIFIED PARTIES, OR ANY CLAIM WWW.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., 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.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., 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.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES THAT YOU AND WWW.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., 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.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., 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.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES THAT NEITHER YOU NOR WWW.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., 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.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., 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.
In rendering an award, the arbitrator shall apply the substantive and procedural law of Alberta, Canada, 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 party’s 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.AstrologyAnswers.com, New Peak Media, Inc., 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.AstrologyAnswers.com, New Peak Media, Inc., 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.AstrologyAnswers.com, New Peak Media, Inc., or its affiliated entities. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE COURTS LOCATED IN EDMONTON, ALBERTA, CANADA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS. Any cause of action brought by you against www.AstrologyAnswers.com, New Peak Media, Inc., or its affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.
26. WAIVER & SEVERABILITY
27. SUCCESSORS AND ASSIGNS
These Terms constitute the sole agreement between you and www.AstrologyAnswers.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 Alberta, Canada govern these Terms in all respects, without giving effect to conflicts of laws principles.
29. ENTIRE AGREEMENT