The web site www.rosyguidance.com (the “Site”) provides entertainment and reports related to astrology, numerology and zodiac themes (the “Content”). The Editor of rosyguidance.com is A4U. (the “Editor”).
All texts, music, sound, photographs, video, graphics or other material used on www.rosyguidance.com are property of the Editor. The Editor can be contacted at the following email address: firstname.lastname@example.org.
ACCEPTANCE OF TERMS
The Editor makes the Site and all associated site materials available for Your access and use subject to Your compliance with these Terms of Service. These Terms of Service (hereinafter, the "Agreement") constitute a legally binding agreement by and between the Editor and You ("You" or "Your") concerning Your use of the Site and all services and materials available through the Site, including all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, ebooks etc.), e-mail or other communications, downloadable materials, files, text, images, products, reports or other Content made available or enabled via this Site by the Editor or any third party (collectively, "Site Materials").
The Site, the Site Materials, and the Content is provided to You for entertainment purposes only. YOU SHOULD REVIEW AND USE ALL INFORMATION ON THE SITE, THE SITE MATERIALS, AND THE CONTENT-INCLUDING ANY EMAIL MESSAGES OR REPORTS RELATED TO THE SITE-WITH COMMON SENSE. BY USING THE SITE, THE SITE MATERIALS, AND THE CONTENT, YOU EXPRESSLY AGREE THAT NO GUARANTEE CAN BE GIVEN FOR THE ACCURACY OF ASTROLOGICAL OR DIVINATORY INFORMATION. MOREOVER, THE EDITOR IS NOT RESPONSIBLE FOR HOW YOU INTERPRET OR APPLY ANY ASTROLOGICAL OR DIVINATORY INFORMATION IN THE SITE, THE SITE MATERIALS, AND/OR THE CONTENT.
By using the Site, the Site Materials, and the Content, You expressly agree that You will not use any information therein in place of information or advice given to you by professional providers. If You are facing serious problems-including, but not limited to chronic illness, mental instability, legal issues, or serious financial issues-You should consult a registered health care or legal or financial professional, as applicable, as soon as possible.
Although the Content may be viewed via a standard Internet connection and the Web Site and certain e-mail/offerings are free and open to the public, certain premium Content may require registration and/or payment (the "Premium Content"). Premium Content is available to individuals over the age of 18. In addition, the Editor does not permit use of the Premium Content by residents of any jurisdiction that may prohibit our Content. You certify that the information given to the Editor on registration is true and complete. The Editor will not be responsible for any false statements made in registration.
Some characters, places, situations and events appearing in the texts and stories provided to You via the Site, the Site Materials and/or the Content are fictitious. Any resemblance to real persons, living or dead, is purely coincidental.
PERMISSION TO USE THE SITE
BY USING THE SITE AND ACCESSING THE SITE MATERIALS AND/OR THE CONTENT, YOU REPRESENTAND WARRANT THAT YOU ARE OF THE AGE OF LEGAL MAJORITY IN THE JURISDICTION OF YOUR RESIDENCE AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. The Editor may in its discretion refuse permission to access and use the Site.
CONSENT TO RECEIVE EMAIL
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.
THIRD PARTY LINKS
You may find links to third party sites or resources on this Site. You acknowledge and agree that the Editor is not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any damages resulting from use or transactions related to such sites or resources.
OWNERSHIP AND PERMITTED USES
The Site, and all Content and other elements available on or through the Site, are the property of the Editor and/or its Content providers, and are protected by the laws of the country where web servers are located, and other countries, including their copyright and trademark laws. Your use of the Site does not transfer to You any ownership or other rights in the Site or its Content. The Site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the Editor.
Rosyguidance.com, and other marks and logos associated with Rosyguidance.com Content ("The Editor Marks") appearing on the Site are trademarks, trade names and Content marks owned by the Editor. You agree not to use any of the Editor Marks without the prior written consent of the Editor.
You agree to provide true, accurate, current complete information about yourself as prompted by the Site's registration form (the "Registration Data"). If You fail to do so, the Editor has the right to suspend or terminate Your account and refuse any and all current or future use of the Site.
You agree to defend, indemnify and hold the Editor and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives (collectively, the "Indemnified Parties") harmless from any claim or demand, including reasonable attorneys' fees and other legal costs and fees arising out of or relating to (a) Your breach of the Agreement, (b) Your access to our use of the Site, the Site Materials, and/or the Content, (c) Your provision to the Indemnified Partis of information or other data and/or (d) Your violation of any rights of any third party based on or related to Your use of the Site.
The Indemnified Parties will have the 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 the Indemnified Parties. You may not settle any such claim without the prior written consent of the concerned Indemnified Parties.
If You have evidence, know, or have a good faith belief that Your rights or the rights of a third party have been violated and You want the Editor to delete, edit, or disable the material in question, You must provide the Editor with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Editor to locate the material; (d) information reasonably sufficient to permit the Editor to contact You, such as an address, telephone number, and if available, an electronic mail address at which You may be contacted; (e) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, You must provide it to the Editor's designated agent at:
A4U 41 Rue Du Professeur Calmette, BP 50145, - 33151 CENON CEDEX
The Editor may modify the Agreement at any time by posting the amended terms on the Site, without notice to You. Your use of the Site after such posting will constitute consent to the modified Agreement. The current version of the Agreement will always be available on this page.
PREMIUM CONTENT REFUND POLICY
Premium Astrology has several products better referred to as “Premium Content”. ANY PRODUCT purchased at www.rosyguidance.com falls under the name “Premium Content”. If you are unsatisfied with any Premium Content purchase, you may apply for a refund within six (6) days of your purchase by contacting the Editor at email@example.com. All sales are final after six (6) days from the delivery of the Premium Content to You, at which point no refund will be issued.
RECURRING TRANSACTION CANCELLATION AND REFUND POLICY
When you purchase a membership in the Monthly Forecast or Inner Circle programs (collectively, "Membership 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 membership fee upon Your enrollment in the Membership Programs. If You do not cancel your membership within thirty (30) days of your enrollment, Your Active Card will be charged the monthly membership fee disclosed to You at the time of Your enrollment (the "Monthly Membership Fee"). YOUR ACTIVE CARD WILL BE CHARGED THE MONTHLY MEMBERSHIP FEE EVERY THIRTY (30) DAYS FROM THE DATE YOUR MEMBERSHIP BEGAN, UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THIS AGREEMENT.
You expressly authorize the Editor (or its partners, affiliates, and/or agents) to charge Your Active Card the recurring Monthly Membership Fee. You acknowledge and agree that the Editor will not obtain additional authorization from You for each Monthly Membership Fee charged to Your Active Credit Card. THE EDITOR 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 Monthly Forecast or Inner Circle Program membership at any time by contacting the Editor at firstname.lastname@example.org.
If you are unsatisfied with Your Monthly Forecast or Inner Circle Program membership, you may apply for a refund within six (6) Months of Your enrollment by contacting the Editor to cancel Your membership as described in the preceding paragraph. If you cancel your membership within sixty (60) days of your enrollment, you may apply for a refund of all monthly charges. All sales of Monthly Forecast and Inner Circle Program memberships are final after six (6) months from enrollment, at which point no refund will be issued for any fees paid, including Monthly Membership Fees.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL INFORMATION AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. THE EDITOR DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EDITOR MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
THE EDITOR MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM THE EDITOR, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
TO THE FULL EXTENT PERMITTED BY LAW, THE JURISDICTION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF THE EDITOR HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE CONTAINT RESULTING FROM ANY DATA, INFORMATION OR CONTENT OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Site, the Site Materials, and the Content will be in accordance with the Agreement and any other policies of the Editor, as well as any applicable laws or regulations.
DISPUTES GOVERNING LAW
This Agreement shall be treated as though it were executed and performed in the country which the company is established and shall be governed by and construed in accordance with the laws of such country (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 THE EDITOR THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE EDITOR WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION OF THE LAWS IN THE COUNTRY IN WHICH THE ENTERPRISE IS ESTABLISHED. AS USED IN THIS AGREEMENT, AN "ARBITRAL CLAIM" IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH THE EDITOR OR THE EDITOR INDEMNIFIED PARTIES, OR ANY CLAIM THE EDITOR 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 THE EDITOR 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 EXPLICITYLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE LAWS OF THE COUNTRY IN WHICH THE ENTERPRISE IS ESTABLISHED.
(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 THE EDITOR THAT YOU AND THE EDITOR 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, THE EDITOR OR THE INDEMNIFIED PARTIES, BOTH YOU AND THE EDITOR 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 THE EDITOR THAT NEITHER YOU NOR THE EDITOR 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 THE EDITOR WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.
(d) NO EFFECT ON SUBSTANTIVE RIGHTS
THIS AGREEMENT TO ARBITRATE DOES NOT CHANGE YOUR OR THE EDITOR'S SUBSTANTIVE RIGHTS, JUST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION, YOU CAN STILL BRING ANY ISSUES YOU MAY HAVE CONCERNING THIS AGREEMENT, THE SITE, THE SITE MATERIALS, OR THE CONTENT TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND THEY CAN STILL, IF THE LAW ALLOWS, SEEK RELIEF AGAINST THE EDITOR AND THE INDEMNIFIED PARTIES OR ON YOUR BEHALF.
(e) 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.
(g) 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.
(h) REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF
This agreement to arbitrate will not preclude either You or the Editor 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 The Editor 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, The Editor or third parties. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING "EQUITABLE RELIEF" WILL BE THE COURTS LOCATED IN THE COUNTRY IN WHICH THE ENTERPRISE IS ESTABLISHED; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
All notices required or permitted to be given under this Agreement must be in writing. The Editor shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to The Editor. You agree that any notice received from The Editor 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 THE EDITOR IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY THE EDITOR OF AN EMAIL TO THAT ADDRESS. You shall give any notice to The Editor by means of: (1) email at: email@example.com; or mail, postage prepaid, to
A4U, 41 Rue Du Professeur Calmette
BP 50145 - 33151 CENON CEDEX.
You acknowledge and understand that if The Editor is unable to provide the Services as a result of a force majeure event The Editor will not be in breach of any of its obligations towards You under this Agreement. A force majeure event means any event beyond the control of the Editor. In the event the Editor is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. THE EDITOR SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.
This Agreement constitutes the entire agreement between You and the Editor relating to its subject matter, and supersedes all prior versions of the Agreement. You also may be subject to additional terms and conditions that may apply when You use of the Editor's Content, or those of any third party.
This Agreement may only be modified by a written amendment signed by an authorized executive of the Editor or by the unilateral amendment of this Agreement by the Editor and by the posting of such amended version on the Site.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of the Editor. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and the Editor are independent contracts, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except for the Editor and the Indemnified Parties and, to the extent set forth above, the Editor's licensors, there are no third-party beneficiaries to this Agreement. 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 irreparably injury to the Editor and its licensors and would therefore entitled the Editor, as the case may be, to injunctive relief.
The headings in the Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.