Terms of Service

Updated June 1, 2016

1. FOR ENTERTAINMENT USE ONLY

THIS SERVICE IS PROVIDED BY NEW PEAK MEDIA, INC. FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE PREMIUM AREAS OF THIS SERVICE. ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD HOLDER.

The use of the Shop.AstrologyAnswers.com website (the “Site”) and services is governed by these Terms of Use. By using the Site, you acknowledge that you have read the Terms of Use and the disclaimers contained therein and that you accept and agree to be bound by the terms thereof. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SITE MATERIALS. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS.

2. ACCEPTANCE PROCEDURE

By accessing materials on the Shop.AstrologyAnswers.com website (the “Site”) you agree with these Terms of Service. The Site includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the Site and related materials. Shop.AstrologyAnswers.com reserves the right, at its sole discretion, to change these Terms of Use from time to time, and your access to the Site will be deemed to be your acceptance of, and agreement, to any such changed terms and conditions.

Internet technology and the applicable laws, rules, and regulations change frequently. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. THE DATE OF THESE TERMS IS NOTED UNDER THE HEADING ABOVE. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.

3. PRIVACY POLICY

Shop.AstrologyAnswers.com knows that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy which is part of this Agreement.

4. OUR SERVICES

The Site provides astrological related products (“Products”). In addition, the Site does not permit use of the Products by residents of any jurisdiction that may prohibit our Products. You certify that the information given to Shop.AstrologyAnswers.com on registration is true and complete. Astrology Answers will not be responsible for any false statements made in registration.

5. RULES OF SERVICE

Note that accounts only remain active and valid for a period of two years from the date of the last purchase transaction. We reserve the right to refuse service to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our Site or using our Products.

6. TERMINATION OF ACCOUNT

These Terms of Use will take effect at the time you visit the Site. Astrology Answers reserves the right at any time and for any reason to deny you access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other users, and Astrology Answers shall have the right to immediately terminate a user’s account in the event of any conduct by a user which Astrology Answers in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms of Use. Termination will be effective without notice. You may also terminate these Terms at any time by ceasing to use the Site, but all applicable provisions of these Terms will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning Astrology Answers proprietary rights, Submissions, indemnity, disclaimers of warranty and liability, admissibility of these Terms, and governing law will survive the termination of these Terms for any reason.

7. OUR SATISFACTION GUARANTEE

We don’t guarantee that you will love each one of our products, but we do our best to ensure that you find the right product offering for you.

8. DISCOUNTS

Unless otherwise noted, all coupons, discounts and special offers are valid for a limited period of time, can be used only once and may not be combined. We reserve the right to change these Terms of Service, discounts on other bonus point promotions at anytime without notice.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., NOR ANY OF ITS OR THEIR AFFILIATES (INCLUDING PARENT OR SUBSIDIARY COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION. IN PARTICULAR, SHOP.ASTROLOGYANSWERS.COM AND ITS AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE, AND ONLY TO THE EXTENT, THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. THE REMEDIES PROVIDED FOR UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

10.  GENERAL DISCLAIMER

THE INFORMATION PROVIDED ON, FROM OR THROUGH SHOP.ASTROLOGYANSWERS.COM, ITS PRODUCTS AND THE SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE SITE AND RELATED INFORMATION AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SHOP.ASTROLOGYANSWERS.COM AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE AND PRODUCTS AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, SHOP.ASTROLOGYANSWERS.COM AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SHOP.ASTROLOGYANSWERS.COM AND YOU. THE SITE AND THE INFORMATION AND PRODUCTS PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOP.ASTROLOGYANSWERS.COM THROUGH THE SITE OR PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WWW.ASTROLOGYANSWERS.COM MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER NEW PEAK MEDIA, INC., NOR ANY OF ITS AFFILIATES HAS ANY RESPONSIBILITY OR OBLIGATION TO NOTIFY YOU OF YOUR ACCUMULATED CHARGES OR OTHER EXPENSES WITH US. NEW PEAK MEDIA, INC, DOES NOT MONITOR USAGE PATTERNS AND IS UNDER NO OBLIGATION TO ANY CUSTOMER TO TAKE ANY ACTION OR TO REFRAIN FROM TAKING ANY ACTION WITH RESPECT TO USAGE OF THE SITE OR SERVICES.

11. THIRD-PARTY INFORMATION

Any articles, press clippings or other third-party publications (collectively, “Publications”) made available through the Site are furnished by Shop.AstrologyAnswers.com for your convenience and entertainment. Shop.AstrologyAnswers.com is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including psychics, information providers or any user of the Site, are those of the respective author(s) or publisher(s) and not of Shop.AstrologyAnswers.com or its affiliates. SHOP.ASTROLOGYANSWERS.COM DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

12. THIRD PARTY PROVIDERS

Third Party Provider content is the intellectual property of the provider. Any copying, republications or redistribution of content, including, but not limited to, by caching, framing or similar means, is expressly prohibited without the prior written consent of Provider. Third Party Provider shall not be liable for any errors or delays in content, or for any action taken in reliance thereon. Similarly we have not reviewed and cannot control all of the material, including computer software or other goods or services made available on or through third-party websites. Accordingly, we do not represent, warrant or endorse any third-party website, or the accuracy, currency content, fitness, lawfulness, or quality of the information material, goods, or services available through third-party websites. We disclaim and you agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.

13. RESTRICTIONS; COMPLIANCE WITH LAWS

Your right to use the Site and the Products is personal to you. You are solely responsible for the contents of your transmissions through the Site and your use of the Products is subject to all applicable local, state, provincial, national and international laws and regulations. By using the Web Site or the Services, you agree:

not to use the Site or the Services for illegal purposes;
not to interfere with or disrupt networks connected to the Site;
to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the Site or the Services to send electronic mail;
not to use the Site or the Services to send chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use;
not to use the Site or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
not to interfere with any other user’s access to or use of the Site or the Services.
not to record or use any audio recording or retention devices/technology without the express written consent of New Peak Media, Inc.
Astrology Answers reserves the right, in its sole discretion, to immediately terminate your access to and use of the Site or the Services without right to refund, for any violation of these Terms of Use.

14. LINKS TO SPONSORS AND OTHER THIRD PARTY SITES

Certain links on the Site will let you leave the Site. These linked sites, for example those of our sponsors, are not under the control of Shop.AstrologyAnswers.com, and Shop.AstrologyAnswers.com is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Shop.AstrologyAnswers.com of any such linked site or the products therein.

15. INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF WEB SITE

The contents of the Site, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. Shop.AstrologyAnswers.com hereby authorizes you to copy (electronically or in hard copy) materials published on the Site or in print for non-commercial personal use only, provided that any copy of these documents which you make shall retain all copyright and other proprietary notices and any disclaimer contained on the documents. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in the Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Shop.AstrologyAnswers.com. No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of Shop.AstrologyAnswers.com, its affiliates, or any third party. Shop.AstrologyAnswers.com may, at our discretion, limit or restrict the access and use of the Site of any users who infringe the intellectual property rights in the manner described above.

16. CONSENT TO RECEIVE EMAIL SUBMISSIONS

By submitting Your email address on the Site, You consent to receive periodic email communications from the Site concerning its products and services. You may opt-out of receiving email communications at any time by following the unsubscribe instructions contained in each email.

17. MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)

You acknowledge that you are responsible for any submission you make (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Submissions shall be deemed to be non-confidential and non-proprietary. Shop.AstrologyAnswers.com shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to Shop.AstrologyAnswers.com and the Site, you automatically grant to New Peak Media, Inc. a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of Shop.AstrologyAnswers.com to access, view, store or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonial” e-mails, you acknowledge that you grant New Peak Media, Inc. the right to publicly display all or a part of such Submission on the Site or in any other format or media at any time. Please note that Shop.AstrologyAnswers.com does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential. For purposes of this paragraph, “Submissions” shall not include personally identifiable information, which shall be treated by Shop.AstrologyAnswers.com in accordance with our Privacy Statement.

This Web Site (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and New Peak Media, Inc., its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this Site are also copyrighted works, and New Peak Media, Inc., its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this Site. By posting or submitting content on or to the Site (including the Blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving New Peak Media, Inc, and its affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Site made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Site, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and New Peak Media, Inc., its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize New Peak Media, Inc., its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by New Peak Media, Inc. and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant New Peak Media, Inc. all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage New Peak Media, Inc., this Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

We reserve the right to edit, remove or not publish Submissions without prior notice.

18. DMCA POLICY

If you are a copyright owner or agent thereof and believe that any Submission infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent, email at: shop@astrologyanswers.com; or mail, postage prepaid, to 10040 West Cheyenne Ave 170-129 Las Vegas, NV 89129.

19. PREMIUM CONTENT REFUND POLICY

Shop.AstrologyAnswers.com has several products better referred to as “Premium Products”. ANY PRODUCT purchased at Shop.AstrologyAnswers.com falls under the name “Premium Products”. If you are unsatisfied with any Premium Products purchase, you may apply for a refund within sixty (60) days of your purchase by emailing shop@astrologyanswers.com. Customer service will provide you with a return address so you can return the unused product back to us, once received and processed by our fulfilment company, a refund will be processed.  All sales are final after sixty (60) days from the delivery of the Premium Products to You, at which point no returns or refunds will be issued.

20. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shop.AstrologyAnswers.com, New Peak Media, Inc. its and their affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (i) your violation of these Terms, and (ii) your use of this Site or the Services.

21. DISPUTES GOVERNING LAW

This Agreement shall be treated as though it were executed and performed in Alberta, Canada and shall be governed by and construed in accordance with the laws of Alberta, Canada (without regard to conflict of laws principles.)

(a) REQUIREMENT OF ARBITRATION

BY USING THE SITE, THE SITE MATERIALS, AND/OR THE CONTENT, YOU THEREBY AGREE WITH SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES WILL RESOLVE ANY ARBITRAL CLAIM BY BINDING ARBITRATION BY THE ADR INSTITUTE OF CANADA, INC. (“ADR”). AS USED IN THIS AGREEMENT, AN “ARBITRAL CLAIM” IS ANY CLAIM OR DISPUTE YOU HAVE AGAINST OR WITH SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES OR INDEMNIFIED PARTIES, OR ANY CLAIM SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES HAS AGAINST OR WITH YOU, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, THE SITE MATERIALS, THE CONTENT, AND/OR ANY ADVERTISING RELATING TO THE SITE, INCLUDING THE ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE BUT SPECIFICALLY EXCLUDING (1) CLAIMS BY SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES TO COLLECT FROM YOU UNPAID FEES AND LATE FEES; AND (2) ACTIONS FOR REMEDIES IN AID OF ARBITRATION OR EQUITABLE RELIEF RELATING TO INTELLECTUAL PROPERTY RIGHTS, AS FURTHER DISCUSSED BELOW IN THE “REMEDIES IN AID OF ARBITRATION; EQUITABLE RELIEF” SUBSECTION. EXCEPT AS OTHERWISE EXPLICITLY NOTED HEREIN, SUCH ARBITRATION SHALL BE CONDUCTED UNDER THE ADR SIMPLIED ARBITRATION RULES THEN IN EFFECT (THE “SIMPLIFIED RULES”).

(b) WAIVER OF RIGHT TO A JURY TRIAL

BY REGISTERING FOR OR USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ALSO ARE AGREEING WITH SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES THAT YOU AND SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES, BOTH PARTIES STILL AGREE TO WAIVE TRIAL BY JURY.

(c) JOINDER OF CLAIMS

BY USING THE SITE, THE SITE MATERIALS, OR THE CONTENT, YOU ARE FURTHER AGREEING WITH SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES THAT NEITHER YOU NOR SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; AND THAT NEITHER YOU NOR SHOP.ASTROLOGYANSWERS.COM, NEW PEAK MEDIA, INC., AND ITS AFFILIATES WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE.

(d) FINALITY, APPLICATION OF ARBITRATION AWARD

ANY ARBITRATION AWARD MADE AFTER COMPLETION OF AN ARBITRATION IS FINAL. AN AWARD AND ANY JUDGMENT CONFIRMING IT ONLY APPLIES TO THE ARBITRATION IN WHICH IT WAS AWARDED AND CANNOT BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

(e) INTERPRETATION

In rendering an award, the arbitrator shall apply the substantive and procedural law of Alberta, Canada, without regard to its choice of laws principles. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement, nor to grant any remedy that is either prohibited by the terms of this Agreement or not available in a court of law.

(f) HEARINGS; FEES & COSTS

Either party may demand that any required arbitration hearing or hearings be conducted other than in person, even if the Simplified Rules would otherwise have provided for an in-person hearing. Any required hearing fees and costs shall be paid by the parties as required by the Simplified Rules, although the arbitrator may, in the award, allocate all or any part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and the other party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorneys’ fees.

(g) REMEDIES IN AID OF ARBITRATION; EQUITBLE RELIEF

This agreement to arbitrate will not preclude either You or Shop.AstrologyAnswers.com, New Peak Media, Inc., and its affiliated entities from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude either You or Shop.AstrologyAnswers.com, New Peak Media, Inc., and its affiliated entities from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, to preserve the intellectual property rights of You, Shop.AstrologyAnswers.com, New Peak Media, Inc., or its affiliated entities. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE COURTS LOCATED IN EDMONTON, ALBERTA, CANADA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS. Any cause of action brought by you against Shop.AstrologyAnswers.com, New Peak Media, Inc., or its affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

22. WAIVER & SEVERABILITY

Failure to insist on strict performance of any of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Astrology Answers of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms shall continue in effect.

23. SUCCESSORS AND ASSIGNS

We may perform any of our obligations or exercise any of our rights under these Terms of Use through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by, or is under common control with us). If Astrology Answers or its assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms of Use. You may not assign your rights or obligations under these Terms of Use, by operation of law or otherwise, without our prior written consent.

24. MISCELLANEOUS

These Terms constitute the sole agreement between you and Shop.AstrologyAnswers.com and its affiliated entities relating to your use and our provision of the Site and the Services and the subject matter hereof. The laws of the province of Alberta, Canada govern these Terms in all respects, without giving effect to conflicts of laws principles.

25. ENTIRE AGREEMENT

No joint venture, partnership, employment, or agency relationship exists between you and Astrology Answers as a result of these Terms of Use or your utilization of this Site. These Terms of Use, Astrology Answers Privacy Policy, and any other agreement or terms or conditions for services, subscriptions, or licenses for products or services available through the Site, which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and Astrology Answers with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Astrology Answers with respect to this Site.

This Terms of Use statement was last updated on June 1, 2016.