Terms and Conditions
Welcome to
www.cosmicdreaming.com, the Cosmic Dreaming Website
("Site"). Please review the following basic terms that
govern your use of the Site. Please note that your use of
the Site constitutes your agreement to follow and be bound
by those terms (the "Agreement").
GENERAL
From time to time the terms that govern your use of the Site
may change. Your use of the Site following any such change
constitutes your agreement to follow and be bound by the
terms as changed. Changes, deletions or additions to the
Site may occur from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images,
illustrations, designs, icons, photographs, video clips, and
written and other materials that appear as part of this Site
(collectively, the "Contents") are copyrights, trademarks,
trade dress and/or other intellectual properties owned,
controlled or licensed by Judy B. Gardiner (“Gardiner”). The
Site as a whole is protected by copyright and trade dress,
all worldwide rights, titles and interests in and to which
are owned by Gardiner.
The Contents of this Site, and the Site as a whole, are
intended solely for personal, noncommercial use by the users
of the Site. You may NOT copy or reprint the
Contents displayed on the Site for any use whatsoever,
personal or otherwise. You may not reproduce,
publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of,
or exploit in any way, in whole or in part, any of the
Contents or the Site.
LINKS TO OTHER WEBSITES AND SERVICES
To the extent that this Site contains links to outside
services and resources, the availability and content of
which Gardiner does not control, any concerns regarding any
such service or resource, or any link thereto, should be
directed to the particular outside service or resource.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ON
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY
GARDINER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS
OTHERWISE SPECIFIED IN WRITING.
GARDINER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE
SPECIFIED IN WRITING.
GARDINER DOES NOT WARRANT THAT THIS SITE; INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM
GARDINER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GARDINER
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
GARDINER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF
THE SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify and hold Gardiner harmless
from and against any and all claims, damages, costs and
expenses, including attorneys' fees, arising from or related
to your use of the Site.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use
of the Site, including all disputes, will be governed by the
laws of the United States and by the laws of the State of
New York without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the
state and federal courts in New York County, New York, and
waive any objection to such jurisdiction or venue.
SEVERABILITY
If any clause of these Terms and Conditions shall ever be
determined to be unenforceable, it is agreed that this will
not affect the enforceability of any other clause or the
remainder of the Terms and Conditions.
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