ASTRAL ABOVE™ TERMS AND CONDITIONS

 

Introduction

 

These terms and conditions govern your use of this website www.astralabove.com; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

You must be at least 18 years of age to use this website.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.

 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Astral Above™ use of cookies in accordance with the terms of Astral Above™ privacy policy / cookies policy.

 

License to use website

 

Unless otherwise stated, Astral Above™ and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 

You must not:

 

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

• edit or otherwise modify any material on the website; or

• redistribute material from this website

 

Acceptable use

 

You must not use this website 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 which 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 (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Astral Above™ express written consent.

 

You must not use this website to transmit or send unsolicited commercial communications.

 

You must not use this website for any purposes related to marketing without Astral Above™ express written consent.

 

Restricted access

 

Access to certain areas of this website are restricted.  Astral Above™ reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Astral Above™ discretion.

 

If Astral Above™ provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 

Astral Above™ may disable your user ID and password in Astral Above™ sole discretion without notice or explanation.

 

Billing and Payments

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All payments made for consultations are nonrefundable unless an exception is made by the website owner for extenuating circumstances as defined by the website owner on a case-by-case basis.  If a consultation is missed without 48 hours prior notice, the payment is forfeit.  Refunds are not issued for the purchaser's decision to forego the consultation as extensive preparation on the part of the astrologer must be undertaken.  

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Subscription services are billed monthly on the same date of sign up (i.e. If your sign up date is the 5th of the month, you are billed the 5th of every month).  If you cancel your subscription, you will maintain access to members-only areas of www.astralabove.com up until the end of that paid billing cycle, and no further automatic payments will processed. 

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All sales on jewelry are final.  No refunds are accepted.  No exceptions.  Exchanges can be made for defective merchandise. 

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One-on-One Consultations

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Client is responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, the Client agrees that the astrologer is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by the astrologer. Client understands astrology is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

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Client understands that astrology is not to be used as a substitute for professional advice by legal, mental, medical or other qualified professionals and will seek independent professional guidance for such matters. If Client is currently under the care of a mental health professional, the astrologer recommends that Client inform the mental health care provider.

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Subscription Services

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Users who subscribe to the Star Gazers™ plan will be given access to the members-only pages of www.astralabove.com as well as the member-only Facebook discussion forum.  

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Users who subscribe to the Astralnauts™ plan will be given access to the members-only pages of www.astralabove.com as well as the member-only Facebook discussion forum.  Five monthly payments on the plan must be made prior to scheduling the first consultation that is included.  Consultations can be scheduled at the discounted rate of 25% within the first five months.  Each subsequent included consultation can be scheduled  after the annual anniversary of the signup date. 

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Users who subscribe to the Cosmic Explorer™ plan will be given access to the members-only pages of www.astralabove.com as well as the member-only Facebook discussion forum.  After the initial payment of $59.99 is made, you will  be contacted to schedule your first coaching appointment.  Any consultation can be scheduled at the discounted rate of 50% after the first two monthly payments have been made.  Each subsequent consultation can be scheduled at the discounted rate of 50% at any time after the first two months.

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User content

 

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

 

You grant to Astral Above™ a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Astral Above™ the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Astral Above™ or a third party (in each case under any applicable law). 

 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

Astral Above™ reserves the right to edit or remove any material submitted to this website, or stored on Astral Above™ servers, or hosted or published upon this website.

 

[Notwithstanding Astral Above™ rights under these terms and conditions in relation to user content, Astral Above™ does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

 

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  Astral Above™ makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, Astral Above™ does not warrant that:

 

• this website will be constantly available, or available at all; or

• the information on this website is complete, true, accurate or non-misleading.

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Limitations of liability

 

Astral Above™ will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

• [to the extent that the website is provided free-of-charge, for any direct loss;

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Astral Above™ has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Astral Above™ liability in respect of any:

 

• death or personal injury caused by Astral Above™ negligence;

• fraud or fraudulent misrepresentation on the part of Astral Above™ or

• matter which it would be illegal or unlawful for Astral Above™ to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Trademarks

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Astral Above™, Astral Articles™, Sky Gazer™, Astralnaut™, Cosmic Explorer™ are all trademarks of Astral Above.  Trademarks are only allowed to be used with proper permission and/or recognition. 

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

You accept that, as a limited liability entity, Astral Above™ has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Astral Above™ officers or employees in respect of any losses you suffer in connection with the website or information received in consultations or online content.

 

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Astral Above™ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Astral Above™  

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Astral Above™ and undertake to keep Astral Above™ indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Astral Above™ to a third party in settlement of a claim or dispute on the advice of Astral Above™ legal advisers) incurred or suffered by Astral Above™ arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

 

Breaches of these terms and conditions

 

Without prejudice to Astral Above™ other rights under these terms and conditions, if you breach these terms and conditions in any way, Astral Above™ may take such action as it deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 

Astral Above™ may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 

Astral Above™ may transfer, sub-contract or otherwise deal with Astral Above™ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

 

These terms and conditions constitute the entire agreement between you and Astral Above™ in relation to your use of this website and supersedes all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 

These terms and conditions will be governed by and construed in accordance with Florida and United States Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Florida
 

 

You can contact Astral Above™ by emailing joshua@astralabove.com