Terms of Use for FengShuiPearls.com Website

Last Updated: March 14th, 2009

Definition of Parties

Parties to this Terms of Use agreement include all viewers, visitors or persons interacting in any capacity with this Website, herein collectively known and defined as “Visitor or Visitors”, including employees, business partners, subsidiaries, affiliates, attorneys, assigns, agents, heirs and affiliates. The website owners of www.FengShuiPearls.com, operators, agents, independent contractors, attorneys, assigns or any other persons defined as such by separate contract, are known and defined within this Agreement as “Website”. Definition of parties extends to website’s privacy policy and all other website policy documents.

Access to this Web Site

Visitors (all persons viewing this website) must be at least eighteen (18) years or older to access this FengShuiPearls.com (Website or website). If you are under eighteen, do not access this website for any reason. Because of the age 18 years of age restriction for the use of this website, no information obtained by this website falls within (COPA), Child Online Privacy Act and is not maintained or monitored as such.

Disclaimer: No Guarantee of any results from suggestions/ideas presented from this Website. Website does not guarantee that Visitors' practice of Feng Shui will be successful.

Disclaimer: No Medical or Health Care Advice Given from this Website

FengShuiPearls.com does not give medical counsel, advice or health care advice of any kind. Website does not diagnose or treat any disorder, including eating disorders. Website and its services are for educational and entertainment purposes only and are not construed to be a substitute for a licensed physician’s advice, exam, diagnosis or treatment.

Visitors: Seek the advice of a licensed doctor or certified health care provider before starting a new treatment regimen or diet – or prior to altering any current treatment regimen or diet.

The information from this website, or information linked to or referenced on this website should not delay a decision to either seek or disregard professional medical advice. Every effort is made by website to be thorough and accurate, but there is no guaranteed expressed or implied that all information contained herein is wholly accurate, complete or out of date.

No health, diet or any related information contained within this website, including but not limited to information regarding diet plans, supplements, natural or herbal remedies and the like is regulated or evaluated by the FDA (Food and Drug Administration). As such, the information this website contains or links to should not be used to diagnose any disease or ailment, treat any disease or condition, cure or prevent any disease or condition without the direct supervision of a physician.

FengShuiPearls.com is an online communication service provider ("Service"). Visitor’s use of Service is governed by the terms and stipulations of this Terms of Use Agreement. It is Visitor’s obligation to read Agreement before using the Service.

General Terms

Visitor use of Service automatically binds Visitor to this Agreement. Do not use Service if in conflict or disagreement with Agreement. Visitors to website accept all of the foregoing terms and conditions of this Terms of Use agreement by using and accessing Service. Visitors agree that this Terms of Use agreement and any or all additional incorporated agreements between Visitor and Website may be automatically assigned by Website, in its sole discretion, to a third party in the event of a merger, acquisition or liquidation.

Alterations to Agreement

Agreement may be updated at any time. Any updates or changes to Agreement are to commence immediately upon public posting. Use of Service indicates full Agreement to the terms and conditions at the time of website visitation. It is visitor’s responsibility to review the terms and conditions of this Agreement upon visitation, in order to be aware of any recent changes. By the act of visiting this website, all Visitors agree that the information provided by website is presented for informational, educational or entertainment purposes only.

Disclaimer - Security

Visitors agree, by act of viewing website, that website does not guarantee or warrant that any files available for download from the Internet will be free of viruses, worms, Trojan horses or other malicious code manifesting contaminating or destructive properties. Visitors alone are responsible for implementing sufficient procedures and checkpoints to ensure security as well as for accuracy of data input and output, and for maintaining a process external to this website for the reconstruction of any data that may be corrupted or lost. Visitors agree that website is not responsible for Visitors’ use of the Internet.

Limitation of Liability - Warranties

Website does not make any express or implied warranties, representations or endorsements of any kind whatsoever (including without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) in respect to Service. Neither are any express or implied warranties, representations or endorsements of any kind made with respect to any information, product, service, or commercial merchandise provided on or through Service. Website does not warrant or guarantee the accuracy, timeliness or usefulness of any material (information) provided by Service or on the Internet as a whole.

No guarantee is made regarding the interruption of Service, or that Service is wholly secure or without error. Service is not liable to any Visitor for any action taken – where the decision to take such action was due to any information consumed on this website.

Visitors Agreement

Visitors to this website agree not to copy, download, upload or transmit any communications or content that would potentially infringe upon the rights of any party.

Visitors agree to and are instructed not use website for any illegal purpose which would result in a violation of local, state, provincial, national or international laws.

Visitors agree to and are instructed not use website as a vehicle for distributing spam, blatant advertising or unsolicited material to any third party.

Visitors agree and are instructed not to post content of any kind that is illegal, obscene, defamatory, malicious, abusive, slanderous or embarrassing to any person or entity, to be determined by website at its sole discretion. Visitors agree and are instructed not to impersonate another person or render false or inaccurate FengShuiPearls.com contact information or record for themselves or other third parties.

Visitors will not hold website, or its affiliates, subsidiaries, individuals or parent company (“Collective”) liable for damages including (but not limited to) loss of wages, revenue or business based upon Services contained within or relating to website. The one and only recourse available to Visitors if Service is deemed unsatisfactory is to cease usage of Service.

Visitors will indemnify website and Collective, including but not limited to successors, assigns or licensees, together with any of their respective officers, directors and employees, individuals, against any damages whatsoever, including any losses, liabilities, judgments, costs or expenses (including reasonable attorney fees) stemming from a claim by a third party with respect to use of Service, or breach or violation of Agreement, including any additional terms and conditions relating to Service.

Visitors agree to comply with all responsibilities and obligations stipulated within this Agreement.

Representations

All Visitors to Website warrant that they have reached the age of 18 (or older) and possess the legal right and ability to agree to this Terms of Use agreement and to only access website in accordance with this Terms of Use agreement.

Conflict Resolution

This Terms of Use Agreement is entered into between Visitor and website within the province of Ontario, Canada and is governed by and shall be construed in all respects under the laws of the Province of Ontario exclusively. Any claim initiated by Visitors to this website or actions directly or indirectly arising under this Agreement or related to the Service, irrevocably agree to submit to the exclusive jurisdiction of the province of Ontario, Canada within the city of Ottawa, or if such court does not have subject matter jurisdiction then litigation is to take place in a federal court, the proper court shall be the closest federal court to the Website owner’s address.

In the event a claim or action of a legal nature arises by Visitor(s) either directly or indirectly under this Terms of Use agreement or related to the Service, Visitor and website irrevocably agree that any claim must first go through arbitration before going to court, in a good faith attempt to resolve any arisen claim without resorting to court action.

If any of the provisions of this Terms of Use agreement are held to be not enforceable by a court or other legal body of competent jurisdiction, then such provisions shall be severed to the minimum extent necessary so that Agreement otherwise remains in full force and effect.

This Terms of Use agreement may not be modified, in whole or in part, other than is stipulated elsewhere within Agreement.

Termination of Service

Visitors who violate Terms of Use Agreement must cease use of website immediately. Website may, in its sole discretion, terminate any individual Visitor access to website, or any portion thereof, or discontinue providing Service at any time, or any portion thereof. Website shall not be liable to Visitors to this website for any such termination or discontinuance.

Statute of Limitations

Visitors to website agree that in lieu of any statute or law to the contrary, any claim or action arising out of or related to use of Service or this Terms of Use agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

NOTE: The section titles in this Terms of Use agreement are for convenience only and have no legal or contractual effect. Copyright and Trademarks Content on Website is copyrighted by website and/or other applicable rights holders. Visitors are allowed to download and reprint one single copy of contents from Service for personal, noncommercial use only, provided all applicable notices and disclaimers are included. Other uses of website content is strictly prohibited without Visitor obtaining prior written permission or the permission of the applicable rights holder(s).

Miscellaneous

In the event website does not act with respect to a breach by Visitor to this Terms of Use agreement does not waive the right of website to act with respect to subsequent or similar breaches.

Entirety

This Terms of Use agreement sets forth the entire understanding and agreement between Visitors and website with respect to www.FengShuiPearls.com, its uses and Services. This Terms of Use agreement constitutes the entire agreement between Visitor(s) and website as relates to viewing and access of website and Services.

Any rights not expressly granted herein are reserved by Website.

Thank you for reading and respecting this Terms of Use Agreement and all the website policies for the FengShuiPearls.com website