This site is for entertainment purposes only. By participating in or reading my astrological services/email/website/blog, you acknowledge that I am not a licensed psychologist, business consultant or health care professional and my services do not replace the care of attorneys, business consultants, financial advisors, psychologists or other healthcare professionals. Astrology is in no way to be construed as psychological counseling or any other type of therapy or medical advice. I will at all times exercise my best professional efforts, skills and care. However, I cannot guarantee the outcome of an astrological transit or reading's effects and/or recommendations on my website/blog and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the astrological services purchased as described.
TERMS AND CONDITIONS
By http://www.moonandquartz.com, you are consenting to our terms and conditions.
The terms “I,” “we,” “us,” and “our” refer to MOON + QUARTZ. The term the “Site” refers to http://www.moonandquartz.com. The terms “you,” and “your” refer to site visitors, customers, and any other users of the site.
Moon + Quartz provides astrological consultations via email and the digital product THE SATURN SESSIONS.
Use of http://www.moonandquartz.com, including all materials presented herein and all online services provided herein, are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to astrological readings and digital products and other information are subject to change. Moon + Quartz makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Moon + Quartz disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
http://www.moonandquartz.com contains intellectual property owned by Moon + Quartz, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content, in whole or in part without our prior written consent. We reserve the right to immediately remove your account and access to http://www.moonandquartz.com, including any products or services offered through the site, without refund, if you are caught violating this intellectual property policy
PURCHASING SERVICES OR PRODUCTS
In order to use the Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Moon + Quartz will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction.
I endeavor to describe and display the Service or Product as accurately as possible. While I try to be clear in explaining the Service, the Site may not be entirely accurate, current, or error-free. From time to time I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order.
You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. I reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. I may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
I will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform me as soon as possible.
I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by me posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. I reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. I will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall I be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Moon + Quartz is not liable for any damages in connection with (1) any failure of performance, error, omission, denial of service, interruption, deletion, defect, delay in operation or transmission, or system failure; (2) loss of revenue, anticipated profits, business, savings, goodwill or data; and (3) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of negligence or any other theory of legal liability. The foregoing applies even if Moon + Quartz has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for damages, our liability is limited to the fullest extent permitted by law. In no event shall Moon + Quartz's liability to you exceed the total purchase price of the service you have purchased from Moon + Quartz, and if no purchase has been made by you, Moon + Quartz's cumulative liability to you shall not exceed $100.
You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Moon + Quartz pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Moon + Quartz shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Moon + Quartz.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Oregon as applied to contracts that are executed and performed entirely in Oregon. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Multnomah County, Oregon. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: October 2015