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Site Terms of Service, an Enforceable Legal Agreement.
As of September 22, 2017

Introduction

Welcome to Easy Tarot Lessons! We are an online metaphysical academy that provides our members with access to unique online metaphysical education, which may include lessons, forums, chat, recordings, live events, practice sessions, testing, certification, and other audio-visual educational materials and services (collectively, the “Services”) accessed over the Internet from certain Internet-connected computers and other devices. We cannot guarantee that what we teach you will make you money. We will teach you tarot skills in the most ethical way possible. Our driving purpose is to educate you. We will give you career advice to the extent we are available and able to do so; however, we cannot guarantee you a job. Graduating from our program does not guarantee you a diploma. WE ARE NOT A DIPLOMA MILL. We provide certification for those who pass a series of tests, which are decided upon and administered at our sole discretion.

Before using the Services, please read these Terms of Service and our Privacy Policy carefully before using this site. By accessing or using this site in any manner, including, but not limited to, visiting or browsing the site or contributing content or other materials to the site, you agree to be bound by these Terms of Service and our Privacy Policy.

These Terms of Service and our Privacy Policy (together the “Terms”) govern all use of www.easytarotlessons.com and that Site’s services (together the “Site” or “Services”). The Site is owned by Dusty White, an individual.

The owners and its authorized representatives of the Site will be referred to as “we,” “us,” or “our” in these Terms. By using the Site or its Services, and/or by clicking anywhere on this Site, you agree to these Terms, you are deemed to be a “user” for purposes of the Terms. You and every other user (“you” or “User” as applicable) are bound by these Terms. You and each user also agree to the Terms by using the Services. If any User does not agree to the Terms or the Privacy Policy, such User may not access the Site or use the Services. In these Terms, the word “Site” includes the website referenced above, its owner(s), authorized representatives, suppliers, licensors, and other related parties.

Changes to Terms of Service. We may, from time to time, change these Terms of Service, including the Privacy Policy. Such revisions shall be effective immediately.

Privacy. Personally identifying information is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Communication Preferences. By using the our service, you consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on our service, and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to https://www.easytarotlessons.com and send us a message through our Contacts page with your request.

The Services

1. Membership

(a) Premium (paid) Membership. Your premium Easy Tarot Lessons membership, which may have started with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the our service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

(b) Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms that apply to you from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with us by accessing your Account information at www.easytarotlessons.com. We reserve the right to modify, terminate, or otherwise amend our offered membership plans.

(c) Free Trials. Your Easy Tarot Lessons membership may start with a free trial. Free trials are for new and certain former members only. We reserve the right, in our absolute discretion, to determine your free trial eligibility.

(d) Billing. 

1) Billing your payment method. We will begin billing your Payment Method for monthly Premium (paid) membership fees when you request paid membership and your membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price, visit our website and click the Account page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization.

2) Recurring Billing. By starting your membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of our services, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

3) Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you.

4) Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on you Account page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.

5) No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the Account link, available on our website, or by contacting PayPal. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

6) Cancellation. You may cancel your membership at any time, and you will continue to have access to the service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED CONTENT. To cancel, go to your Account page on our website and follow the instructions for cancellation or email us by utilizing the Contact page on our website. Alternatively, you can visit your PayPal account at any time and cancel your recurring payment agreement with us. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, check your Account page. If you have ANY QUESTIONS about any of this please contact us immediately for assistance.

2. Our Service.

(a) You must be 18 years of age, or the age of majority in your province, territory, or country, to become a member of our academy and obtain our services. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service.

(b) Our academy and any content viewed through our service are for your personal and non-commercial use only. During your free or paid membership, we grant you a limited, non-exclusive, non-transferable, license to access our academy and our services and view our content through the service. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the service for public viewing, to print and/or use our documents for your own purposes, or to otherwise appropriate our teaching methods, without our express written consent. You may not, under any circumstances, present lessons, videos, written materials, or teaching methods as your own.

(c) You may view our content through our website primarily within the country in which you have established your account and only in geographic locations where we offer our service. The content that may be available to watch may vary by geographic location. We may use technologies to verify your geographic location.

(d) We continually update our service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of our content, delivery, and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

(e) Some content may be available for temporary download and offline viewing on certain supported devices. Limitations may apply, including restrictions on who can access to the material, the time period within which you will need to download the material, and how long the material will remain accessible.

(f) You agree to use our service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Service, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through our service without express written permission from Dusty White. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in our service; use any robot, spider, scraper, or other automated means to access our service; decompile, reverse engineer or disassemble any software or other products or processes accessible through our service; insert any code or product or manipulate the content of our service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with our service, including any software viruses or any other computer code, files, or programs.

(g) The availability of our content may change from time to time, and from country to country. The quality of the display of our content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through, and/or speed of your Internet connection. You are responsible for all Internet performance and access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your viewing experience on your display. The time it takes to begin watching our content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected, and the configuration of your device.

(h) Our online services are developed by, or for, us and are designed to enable streaming and viewing of content from us through your compatible devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with our service.

(i) We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Service or (ii) engaged in illegal or improper use of the service.

3. Passwords and Account Access.

(a) The member who created the membership account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the membership account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting us and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

(b) You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account by either us or by the automated processes of our Site.

Your Liability

You are fully responsible for how you use our Site. If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, our operating partners, contributors, users, or agents from and against any and all losses, liabilities, claims, costs of defense, judgments, liabilities, damages or expenses (including attorneys’ fees and court costs and expenses), losses, and other expenses arising from or related to any use of the Site by you or that occurs because of you or by any breach by you of these Terms and Privacy Policy.

User Prohibited From Illegal Uses

Users shall not use, and shall not allow any person to use, the Site or Services in any way that violates a federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft, or inappropriate dissemination, or improper surveillance of any person.

You must not use this Site in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website or in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relations to this Site without our express written consent. This includes:

  • Scraping
  • Data mining
  • Data extraction
  • ‘Framing’ (iframes)
  • Article ‘Spinning’

You must not use this Site or any part of it to transmit or send unsolicited commercial communications.

You must not use this Site for any purpose related to marketing without our express written consent.

User Represents and Warrants That:

User will use the Services only as provided in these Terms:

  • User is at least 18 years old and has all right, authority, and capacity to agree to these Terms. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service;
  • User will provide accurate, complete, and current information to the Site and its owner(s);
  • User will notify the Site and its owner(s) regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email ad-dress provided below.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • This Site will be constantly available, or available at all;
  • The information on this Site is complete, true, accurate, or non-misleading.

Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you re-quire advice in relation to any legal, financial, or medical manner, you should consult an appropriate professional.

Liability is Limited

THE SITE AND ALL OF US ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, (WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF TORTS, OR OTHER-WISE), INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. US AND THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. US AND THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

The Site shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Site shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Site’s reasonable control. The Site has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Third Party Products, Links, and Actions

The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.

We strongly advise you to review the Privacy Policy of every site you visit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third part sites or services.

Changes to the Site and the Services

The owners and authorized representatives to the Site will work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these terms give you any right, title, or protectable legal interest in the Site or its content.

Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Intellectual Property

The Site and its original content, features and functionality, are proprietary and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site and the Services, under these Terms.

Copyright in all content and works of authorship included in the Site are the property of the Site or its licensors. Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no text, images, video or audio recording, or any other content from the Site shall be copied without explicit and detailed, written permission from the Site’s owner. User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person.

The names and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Site or its licensors and may not be used by User without the express written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.

From time to time, you may submit information to the Site’s Owner or our Site. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to our service, including the Site and other user interfaces such as forums, email exchanges, and social media pages, worldwide and in perpetuity, without further compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products, and creating, modifying, or improving our service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note we do not accept unsolicited materials or ideas for our content, and we are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if the material or an idea is used that is substantially similar to the material or idea you sent.

All rights not expressly granted in these Terms are reserved by the Site.

Copyright Notice and Takedown (DMCA Policy)

Please respect the rights of others, including rights under the U.S. copyright laws. You should only post content and files on the Site for which you have ownership, a license, or if your use constitutes fair use as that is defined under United States law.

Under the Digital Millennium Copyright Act of 1998 (DMCA), we will respond to claims of copyright infringement committed on the Site, if reported to our copyright agent ac-cording to these terms.

If you are a copyright owner, or an authorized representative, please report alleged copyright infringements by completing the following DMCA Notice and delivering it to our copyright agent. We will take action as we deem appropriate under the circumstances, in our sole discretion. We may remove the challenged material from the Site.

To give an effective DMCA Notice of Alleged Infringement (“Notice”) regarding content on our Site, you must:

1) Identify the copyrighted work(s) that you claim to be infringed, and the location on our Site where you have observed the allegedly infringing material, including the specific page or post URL that will enable us to locate the material. (We can-not take down what we cannot find.)

2) Provide a mailing address, telephone number, and email address where you can be reached.

3) Include both of the following statements:
“I state that I have a good faith belief that the use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (including fair use).”
“All information in this Notice is accurate. Under penalty of perjury, I further state that I am the owner, or that I am authorized to act on behalf of the owner, of the copyright or of an exclusive right (such as an exclusive license) under the copy-right that is allegedly infringed.”

4) Provide your full legal name, as well as your electronic or physical signature.
Deliver this Notice, with items 1-4 completed, to our Designated Copyright Agent:


Copyright Agent, www.easytarotlessons.com
9307 East Zayante Road Felton, CA 95018
424-281-8818
Email: me@dustywhite.net

Please Note: In our discretion, we will disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Privacy

Any information that you provide to the Site is subject to the Site’s Privacy Policy, which governs our collection and use of User information. User understands that through his or her use of the Site and its Services, User consents to the collection and use (as set forth in the Privacy Policy) of the information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Site. The Site may make certain communications to some or all Users, such as service announcements and administrative messages. These communications are considered part of the Services and a User’s account with the Site, and Users are not able to opt out of all of them.

Usernames, Passwords, and Profiles

If prompted, Users must provide a valid email address to the Site, at which email address the User can receive messages. User must also update the Site if that email address changes. The Site reserves the right to terminate any User account and/or User access to the Site if a valid email is requested but is not provided by the User.

If the Site prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Site reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Site allows comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.

You are responsible for protecting your username and password for the Site, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to me@dustywhite.net. You acknowledge that if you wish to protect your interactions with the Site, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Site’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with Site are not secure or private.

Disputes

We are based in California and you are contracting to use our Site. These Terms and all matters arising from your use of the Site are governed by and will be construed according to the laws of California, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the California will be the only permissible venues for any and all disputes arising out of or in connection with these Terms, the Site, or our Service.

Arbitration

Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in California, under the rules of the American Arbitration Association.

General

These Terms, including the incorporated Privacy Policy, supersede all oral or written communications and understandings between User and the Site.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

Both parties waive the right to a jury trial in any dispute relating to the Terms, the Site, or the Services.

If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Site or its Services.

There shall be no third party beneficiaries under these Terms, except for the Site’s affiliates, suppliers, and licensors, or as required by law.

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.

The failure of the Site to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Terms Contact

If you have any questions about these Terms, please address them to me@dustywhite.net.