Terms of Service

DMCA Policy

As Company asks others to respect Company’s intellectual property rights, Company respects the intellectual property rights of others. Company follows the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“).

If you believe content located on or linked to by the Website violates your copyright, please immediately notify Company by emailed DMCA takedown notice (“Infringement Notice“), providing the information described below. If Company takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party who made the content available at the most recent email address that party provided to Company.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Website infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following:

• A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
• An identification of the copyright claimed to have been infringed;
• A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Company to find and positively identify that material;
• Your name, address, telephone number, and email address; and
• A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to [email protected] with the subject line “DMCA Notice”.

Company will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

15. CONTENT PROVIDED BY YOU

Objectionable Content

From time to time, you may be afforded the opportunity to post product reviews or other content to the Website. In such instances, you agree that you shall not use the Website to upload, post, transmit, display, perform, or distribute any content, information, or materials that: (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other Company agreement or policy, including without limitation Company’s Privacy Policy; (i) disclose another’s personal, confidential, or proprietary information; (j) are false or fraudulent; (k) contains images or videos of individuals captured or posted without their consent; (l) promote self-destructive behavior (including without limitation eating disorders or suicide); (m) infringe on the copyright or other intellectual property, rights of publication, or other rights of a third party; or (n) are generally offensive, rude, mean-spirited, or in bad taste, as determined by Company in its sole discretion (collectively, “Objectionable Content“). Company disclaims any perceived, implied, or actual duty to monitor content made available through the Website, and specifically disclaims any responsibility or liability for information provided on the Website. Without limiting any of its other remedies, Company reserves the right to terminate your use of the Website or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. Company, in its sole discretion, may delete any Objectionable Content from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

Your Responsibility for Your Defamatory or Infringing Content

You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available through the Website that is deemed defamatory, infringing of another’s intellectual property rights, or otherwise legally actionable. Under Section 230 of the Federal Communications Decency Act of 1996, Company is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available through the Website.

16. DISCLAIMERS, LIMITATION OF LIABILITY

No Warranties

Company, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website or Products, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Except as expressly stated herein, neither Company nor its licensors or suppliers warrants that the Website or Products will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. Company disclaims all implied liability for damages arising out of the furnishing of the Website or Products pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues), whether caused by the acts or omissions of Company, Company Parties, or other users, or the agents or representatives of any of the foregoing.

Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of the Website is at your sole risk. You will not hold Company, the Company Parties, or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Service may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall Company, the Company Parties, or its licensors or suppliers be liable to you for any claims arising from your use with the Website or Products, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to Company or its licensors and suppliers arising out of or in connection with your use of the Website or Products. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between Company and you. The Website and Products would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and Company or between you and any of Company’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.

17. INDEMNIFICATION

Without limiting any indemnification provision of this Agreement, you (the “Indemnitor“) agree to defend, indemnify, and hold harmless Company and the Company Parties (collectively, the “Indemnitees“) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, “Claim“, and collectively, “Claims“), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Company, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) your access to or use of the Website or Products; (iii) your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (iv) your violations of Section 13 regarding prohibited uses of the Website and other prohibited conduct; or (v) your violation or alleged violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Company Parties.

18. DISPUTE RESOLUTION

Binding Arbitration

If you and Company or any of the Company Parties (collectively referred to in this Section as “Company”) cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

You acknowledge that without this provision, you would have the right to sue in court with a jury trial or to participate in a class action.

The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The arbitration shall be commenced and conducted under the National Arbitration Rules of the ADR Institute of Alberta (“ADRIA“), as modified by this Agreement, available at the ADRIA website www.adralberta.com. Except as otherwise provided for in this Agreement, Company will pay the ADRIA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse Company for all payments disbursed that are your obligation to reimburse under the ADRIA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration hearing will take place in Edmonton, Alberta, Canada and the language of the proceedings will be English; however, to facilitate participation by remote parties, the arbitration may be conducted in person, through document submission, through telephone, or online as deemed appropriate by the arbitrator. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (including, without limitation, fees, expenses, and reasonable attorneys’ fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator’s ruling on the merits.

Restrictions Against Joinder of Claims

You and Company agree that any arbitration shall be limited to each Claim individually. You and Company agree that each may only bring claims against the other in your or Company’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action or mass-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or Company 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 you or Company from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. “Court of Competent Jurisdiction” means any court: (1) that has jurisdiction over the subject matter; and (2) that is located in or nearest to Edmonton, Alberta, Canada.

Venue for any Judicial Proceeding

This Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Alberta, Canada, and shall be governed by and construed in accordance with the laws of Alberta without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the courts located in or nearest to Edmonton, Alberta, Canada. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

19. TERMINATION

By Organization

Without limiting any other provision of this Agreement, Company reserves the right to, in Company’s sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation. This Agreement shall automatically terminate if you breach any of this Agreement’s representations, warranties, or covenants. Such termination shall be automatic and shall not require any action by Company.

By You

You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to Company notice of your intention to do so, in the manner required by Section 20.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, Company may, but has no obligation to, in Company’s discretion, rescind any services and/or delete from Company’s systems all of your personal information and any other files or information that you made available to Company or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website.

After termination, Company reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your Internet Service Provider.

Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except for any outstanding payment obligations that were incurred prior to the date of termination and the following Sections will survive any termination of this Agreement: Sections 1-3, 5, and 9-21.

20. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. Company shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Company. You agree that any notice received from Company electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with Company is accurate and current, and notice to you shall be deemed effective upon the sending by Company of an email to that address. You shall give any notice to Company by submitting said notice to us at [email protected].

21. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between Company and you concerning your use of the Website.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of Company, or by the unilateral amendment of this Agreement by Company along with the posting by Company of that amended version.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Company. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the Company Parties, Indemnitees, and Company’s licensors and suppliers (to the extent expressly stated in this Agreement).

Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to Company and Company’s licensors and suppliers, and would therefore entitle Company or Company’s licensors or suppliers, as the case may be, to injunctive relief.

Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

22. SMS TERMS OF SERVICE

Astrology Answers – Short Code 27876

When you opt-in to the service, we will send you a message to confirm your signup.

Text SIGNUP to ASTRO (27876) to receive daily horoscope messages from Astrology Answers. Message and data rates may apply. You will receive 1 msgs/day Text “HELP” for help. Text “STOP” to cancel.

You can cancel this service at any time. Text “STOP” to 27876. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us.

If you want to join again, just sign up as you did the first time and we will start sending messages to you again.

If at any time you forget what keywords are supported, just text “HELP” to 27876. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Participating Tier 1 carriers: AT&T, Sprint/Boost/Virgin, T-Mobile, MetroPCS, Verizon Wireless. T-Mobile is not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

For all questions about the services provided by this short code, you can send an email to [email protected]

23. Shipping Policy

Shipping Rates

We offer free shipping on all orders over $50. For orders under $50, shipping costs vary depending on the destination. You can see the shipping rates for your specific location when you checkout.

Shipping Times

We ship all orders within 1-2 business days of receiving them. Shipping times vary depending on the destination. For domestic orders, most orders arrive within 3-5 business days. For international orders, most orders arrive within 7-10 business days.

Shipping Carriers

We use a variety of shipping carriers, including DHL, USPS, UPS, and FedEx. The shipping carrier that we use for your order will depend on the destination and the weight of the order.

Shipping Restrictions

We cannot ship to PO boxes or APO/FPO addresses. We also cannot ship to certain countries or regions. You can see a list of the countries and regions that we can ship to on our website.

Tracking Information

Once your order has shipped, you will receive an email with tracking information. You can use this tracking information to track the progress of your order.

Shipping Damages

If your order arrives damaged, please contact us within 5 days of receiving your order. We will work with you to resolve the issue.

Returns and Exchanges

Our return policy is 60 days. If you are not satisfied with your purchase, you can return it for a full refund. You can find more information about our return policy on our website.

Contact Us

If you have any questions about our shipping policy, please contact us. We would be happy to help you.