Terms of Service

Indian Palm Leaf Reading Institute
Terms of Service

(As of July 1, 2021)

 

Thank you for visiting Indian Palm Leaf Reading Institute at www.indianpalmleafreading.com (the “Website“), a property of Life Navigation Institute, Inc. (“Life Navigation Institute,” “we” or “us“). The terms listed below (the “Terms“) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and any related applications whether existing now or in the future (collectively, the “Properties“).

 

By accessing or using the Properties, you agree to be bound by these Terms. These Terms constitute the complete agreement between you and us regarding the Properties. We reserve the right, in our sole discretion, to change, modify, or otherwise amend these Terms and any other documents incorporated by reference herein (the “Amended Terms“) at any time. If the Amended Terms affect your rights, duties, and obligations under these Terms, we will provide reasonable advance notice before the Amended Terms become effective. You agree that we may notify you of the Amended Terms by posting them on the Properties, or communicating the Amended Terms through any method of written contact that we have established with you, and that your use of the Properties and/or the services after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms. Therefore, you should review these Terms and any Amended Terms before using the Properties and/or the services. The Amended Terms will be effective as of the date specified in the Amended Terms, and will apply to your use of the Properties from that point forward. These Terms will govern any disputes arising before the effective date of the Amended Terms.  Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

 

ANY DISPUTE BETWEEN YOU AND LIFE NAVIGATION INSTITUTE MUST BE RESOLVED BY MEDIATION OR BINDING ARBITRATION AS DESCRIBED BELOW.  PLEASE READ THE MEDIATION AND ARBITRATION PROVISIONS IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.

 

NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.  IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.

 

  1. Use of the Properties

You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.

 

You agree that you will only use the Properties for your own use. You must be at least eighteen (18) years of age to use the Properties. Use of the Properties is void where prohibited.

 

Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Entities or individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.

 

  1. Account Creation

In order to use some of the features offered by the Properties, you may need to create an account. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You are entirely responsible for maintaining the confidentiality and security of your account and you are responsible for all changes and updates submitted through your account and all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account by sending an email to info@indianpalmleafreading.com. We reserve the right to suspend access to or close your account at any time for any or no reason.

 

When you create an account, you agree to only provide true, accurate and correct information. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.

 

We may (a) cancel or suspend your access to your account, or the Properties generally; (b) cancel, suspend, or remove your access to certain features associated with your account; and/or (c) change the pricing related to your account; all at our sole and exclusive discretion, with or without prior notice, for any or no reason, and with no liability to you or any third party.

 

  1. Intellectual Property Rights

 

4.1 Intellectual Property Rights

The Properties are owned and operated by Life Navigation Institute and its licensors and the data, text, graphics, designs, logos, images, audio/visual materials, links, and references (as well as any intellectual property and other rights relating thereto) accessible through the Properties (collectively, the “IP Rights”) are and will remain the property of Life Navigation Institute and its licensors and suppliers.  The IP Rights are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.  Except as set forth in these Terms, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part of the Properties or IP Rights without our prior written permission.  The IP Rights and the Properties may be used solely (a) to the extent permitted in these Terms, or (b) as expressly authorized in writing by us or, if so indicated in writing by us, our licensors or suppliers.  Use of the Properties or IP Rights for any other purpose is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using the Properties or IP Rights.

 

4.2 Trademarks

The trademarks, logos, and service marks displayed on the Properties (collectively, the “Trademarks”) are the registered and unregistered trademarks of Life Navigation Institute, our licensors and suppliers, and/or others.  Nothing contained in these Terms or the Properties should be construed as granting, by implication, estoppel, or otherwise, any license, right to use or any other rights in the Trademarks without the express written permission of Life Navigation Institute, its licensors or suppliers, or the third party owner of the Trademarks, except as set forth in these Terms.  You agree that the Trademarks are protected by U.S. and international trademark laws, and various other intellectual property and unfair competition laws. 

 

4.3 Life Navigation Institute Marks

We may periodically make available to you certain Life Navigation Institute logos, trademarks, or other identifiers as part of a media kit (the “Life Navigation Institute Marks”). If we do so, we will grant you a limited, revocable, non-transferable, non-sublicensable, and unassignable, license to use the Life Navigation Institute Marks on your website and/or mobile application (the “Limited License”). Life Navigation Institute may limit or revoke your ability to use the Life Navigation Institute Marks at any point. All rights not provided herein are expressly reserved by Life Navigation Institute. We may change the Life Navigation Institute Marks and the terms of the Limited License from time to time. In the event that the Life Navigation Institute Marks or the terms of the Limited License are changed, you will (a) use the updated version of the Life Navigation Institute Marks and (b) use the Life Navigation Institute Marks consistent with the updated terms of the Limited License.

 

  1. Copyright Infringement

If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA“). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice:

  1. Identify in writing the copyrighted material that you claim has been infringed upon;
  2. Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);
  3. Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”;
  4. Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.”
  5. Provide your contact information including your address, telephone number, and e-mail address (if available);
  6. Provide your physical or electronic signature; and
  7. Send written communication to:

    Life Navigation Institute, Inc.

15456 Ventura Blvd

Suite 500

Sherman Oaks, CA 91403

Email: info@indianpalmleafreading.com

 

  1. Restrictions on Use

Without limiting the generality of these Terms, you specifically agree not to, nor permit a third party to, do the following while using the Properties:

  1. Use the Properties for illegal or unauthorized uses;
  2. Impersonate any person or entity;
  3. ‘Stalk’ or harass other users or persons;
  4. Act in a disruptive, improper and unprofessional manner during any calls or readings, as determined in our sole and exclusive discretion;
  5. Harm minors in any way;
  6. Falsely state or misrepresent your affiliation with another person or entity;
  7. Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
  8. Access or use the account of another user without permission;
  9. Solicit, spam or otherwise advertise to users using the Properties or our content made available through the Properties;
  10. Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or other messages for any purposes;
  11. Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
  13. Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
  14. ‘Hack’ or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
  15. Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
  16. Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
  17. Act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party;
  18. Send what you believe to be fraudulent authorizations or fraudulent transactions;
  19. Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
  20. Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
  21. Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or our content; each as determined in our sole discretion.

 

We may at any time in our sole discretion: (i) access, preserve, or disclose in accordance with our Privacy Policy any materials that you provide or deliver including information that may be collected from you from your web browser or mobile device; (ii) suspend or terminate your access to and use of the Properties or any of their features in response to a breach of these Terms, or for any or no reason; or (iii) take any other lawful action in response to a breach of these Terms. Payment of a refund for termination of service that resulted from the above restrictions on use shall be at our sole and exclusive discretion.

 

  1. Fees

 

7.1 Fees

You agree to pay all fees assessed by us to you for providing the Properties and services described in theseTerms (the “Fees”). The Fees are non-cancelable and non-refundable. You acknowledge that you are also responsible for any penalties or fines imposed on Life Navigation Institute or you by any Card Network or financial institution as a result of your use of Life Navigation Institute.

 

7.2 Payment

For the service to be provided to you, all Fees will need to be paid in advance with a valid credit or debit card. You authorize us to charge such card for the services.

 

  1. The Service

 

8.1 Process

Our service is comprised of two stages:

 

8.1.1. Thumb Print Collection

During this stage you will be emailed a payment link from us and a template form for your thumb impression. The Fees will be detailed on the Properties and may change from time to time. You will be provided an upload link for your thumb print submission. If your thumb print is not readable or is inadequate in any way, we will contact you and ask you to resubmit a fresh thumb print. You will have thirty (30) days to submit a new thumb print or risk cancelation of your order. In such a case, we may deduct administrative fees from any refund you may receive, at our sole and exclusive discretion. If your thumb print is readable, it will be submitted to a reader in India who will attempt to locate your bundle which hopefully contains your palm leaf in one of the many archives across primarily Southern India. Locating your bundle may take up to six (6) months from the date you submitted your impressions to us. If, after six (6) months, we have not located at least one bundle that might contain your palm leaf, you may apply for a refund of the Fees you have paid. If bundles are located within six (6) months, then your payment for the search for your bundle(s) will become non-refundable.

 

8.1.2. Reading

If the reader is able to locate a bundle that hopefully contains your palm leaf, you will receive an email for final payment of the Fees (the amount of which is detailed on the Properties and may change from time to time). You have two (2) months from the time of the notification that bundles have been found to make the final payment. Failure to do so will result in cancellation of your reading and the bundles will be returned to the archive they were taken from. Once bundles have been returned, a whole new process would need to be initiated, including the upload of new impressions as well as payment for the search for bundle(s).

Upon receipt of payment for your reading, we will schedule a time and date for your reading. Readings are video and audio sessions and may last up to four (4) hours via Skype, Zoom or another platform of our choosing. The reading will include the reader, an interpreter, as well as one of our moderators. If you do not attend the scheduled reading, we may cancel your reading. In such a case, we may deduct administrative fees from any refund you may receive, at our sole and exclusive discretion. Please note, that a stable internet connection is required for the reading. We recommend using a reliable high speed broadband connection, and not a cellular network or wireless connection. Interruptions to the reading due to unreliable internet connections, as determined in our sole and exclusive discretion, may result in suspension or termination of the reading, with no refund. Approximately 2 weeks after the reading, you will receive a link to a recording of your reading. This link will only be active for thirty (30) days from the date it was sent to you. In the event that the reader was unable to locate your palm leaf in the bundle(s) that were found for you (matching process), you may opt to continue with the search for your bundle(s) or you may apply for a refund of the Fees you have paid for the reading.

 

8.1.3 Reschedule and Cancellation of Appointments

We require no less than forty-eight (48) hours notice to reschedule or cancel any appointments, or risk cancelation of the order with no refund or otherwise a rescheduling fee of $100 will apply.

 

  1. Term and Termination

 

9.1 Term

The Terms are effective from the date you agree to them by accessing the Properties and continue so long as you use our Properties or until terminated by you or us.

 

9.2 Termination

You may terminate these Terms by closing your Indian Palm Leaf Reading account at any time by following the instructions on our Properties in your account profile. We may suspend or terminate these Terms and close your Indian Palm Leaf Reading account at any time for any or no reason, with or without notice.

 

9.3 Effect of Termination

Upon termination and closing of your Indian Palm Leaf Reading account, we will immediately discontinue your access to the Properties. Termination does not relieve you of your obligations as defined in these Terms.

 

Upon termination you agree to immediately cease your use of Our Properties. In addition, upon termination, we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, that we will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Properties, or any termination or suspension of the Properties or deletion of your information or account data, and that you are still liable to us for any amounts incurred by you or through your use of Indian Palm Leaf Reading prior to termination.

 

  1. Privacy and Security

10.1 Privacy Policy

Please review our Privacy Policy for details on information we may collect about you and the software(s) and hardware(s) you are using. It is important that you read and understand the terms of our Privacy Policy.

 

10.2 Our Security

We make efforts to maintain the security of our Properties. For example, we arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information and conduct our business. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause. You are encouraged to install and maintain up-to-date security software on your computer.

 

  1. United States of America Only

Life Navigation Institute makes no representation that the Properties operate (or are legally permitted to operate) in all geographic areas or that the IP Rights or the Properties are appropriate or available for use in all locations.  Accessing the Properties from territories where the Properties or any portion thereof, is illegal is expressly prohibited.  If you choose to access the Properties, you agree and acknowledge that you do so upon your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

 

  1. Disclaimer of Warranties and Limitation of Liability

 

12.1 Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE PROPERTIES, THE PRODUCTS AND THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LIFE NAVIGATION INSTITUTE AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THE PROPERTIES, PRODUCTS, SERVICES, MATERIALS, DATA AND/OR INFORMATION OFFERED ON OR THROUGH THE PROPERTIES, BY LIFE NAVIGATION INSTITUTE AND/OR ITS THIRD PARTY PARTNERS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROPERTIES, PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THIS PROPERTIES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PROPERTIES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  LIFE NAVIGATION INSTITUTE DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES, CONTENT, INFORMATION, DATA, MATERIALS, SUBSTANCE MADE AVAILABLE ON OR THROUGH THE PROPERTIES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROPERTIES BY ANY THIRD PARTY (INCLUDING USERS), ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROPERTIES, ANY FRAUDULENT, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES, CONTENT, INFORMATION, DATA, MATERIALS OR SUBSTANCE OF THE PROPERTIES. LIFE NAVIGATION INSTITUTE DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY US AND/OR A THIRD PARTY THROUGH THE PROPERTIES OR ANY THIRD-PARTY SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. LIFE NAVIGATION INSTITUTE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR THE SERVICE, CONTENT, INFORMATION, DATA, OR MATERIAL PROVIDED TO YOU BY ANY THIRD PARTY VIA THE PROPERTIES.  AS WITH THE USE OF ANY PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

12.2 Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND/OR SERVICES PROVIDED BY THE PROPERTIES OR FROM LIFE NAVIGATION INSTITUTE ARE FOR ENTERTAINMENT PURPOSES ONLY AND THAT YOU SHOULD NOT ACT OR RELY UPON ANY OF THE INFORMATION YOU MAY BE GIVEN. IN NO EVENT SHALL LIFE NAVIGATION INSTITUTE, OR ITS RESPECTIVE OFFICERS, MANAGERS, USERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS OR LOSS OF DATA OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OR WHATSOEVER RESULTING FROM ANY (I) FALSE, MISLEADING, OR OTHERWISE INACCURATE INFORMATION YOU MAY RECEIVE FROM OR THROUGH THE PRODUCTS AND/OR SERVICES;  (II) ACCESS TO OR USE OF THE PROPERTIES OR ANY PRODUCTS AND/OR SERVICES OFFERED BY ANY THIRD PARTY VIA THE PROPERTIES, INCLUDING PRODUCTS OR SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED THROUGH, OR INDEPENDENTLY OF, THE PROPERTIES, WHETHER OR NOT AN AGREEMENT FOR PRODUCTS OR SERVICES FORMED VIA THE PROPERTIES IS IN EFFECT; (III) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES ACCESSED THROUGH THE PROPERTIES, CONTENT, INFORMATION, DATA, TRADEMARKS, IP RIGHTS, MATERIALS OR SUBSTANCE OF THE PROPERTIES; (IV) ANY PRODUCTS AND/OR SERVICES PROVIDED BY THE PROPERTIES OR FROM LIFE NAVIGATION INSTITUTE; (V) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN OR TRANSFERRED THROUGH THEM; (VI) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PROPERTIES BY ANY THIRD PARTY; (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PROPERTIES; (VIII) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PROPERTIES; (IX) ANY FRAUDULENT, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (X) ANY USE OF ANY DATA, TRADEMARKS, CONTENT, INFORMATION, IP RIGHTS, MATERIALS OR SUBSTANCE OF THE PROPERTIES, AND THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

THE PROPERTIES MAY OFFER THE SERVICES AND/OR CONTAIN LINKS TO THIRD-PARTY SITES, PRODUCTS, SERVICES, OR APPLICATIONS THAT ARE NOT OWNED OR CONTROLLED BY LIFE NAVIGATION INSTITUTE. LIFE NAVIGATION INSTITUTE DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR THEIR CONDUCT, ADVICE, CONTENT, POLICIES, OR PRACTICES. IN ADDITION, LIFE NAVIGATION INSTITUTE WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SERVICES, PRODUCTS, SITES, OR APPLICATIONS.  BY USING THE PROPERTIES, YOU EXPRESSLY RELIEVE LIFE NAVIGATION INSTITUTE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES, PRODUCTS, SITES, OR APPLICATIONS (INCLUDING PURCHASES FROM ANY THIRD-PARTY). ADDITIONALLY, WHERE AVAILABLE, PLEASE READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY SITE, PRODUCT, SERVICE OR APPLICATION THAT YOU VISIT OR USE, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PROPERTIES. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON US, THEN OUR AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF OURS WILL NEVER EXCEED ONE HUNDRED U.S. DOLLARS AND NO CENTS ($100.00).  REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE PROVIDED FOR HEREIN.

 

  1. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO YOU ONLY TO THE EXTENT SUCH EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY IS NOT ALLOWED IN THAT JURISDICTION.

 

  1. Miscellaneous

 

14.1 Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LIFE NAVIGATION INSTITUTE, AND ITS LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PROPERTIES, THE PRODUCTS AND/OR THE SERVICES AVAILABLE BY LIFE NAVIGATION INSTITUTE OR THROUGH THE PROPERTIES; YOUR VIOLATION OF ANY PROVISION OF THESE TERMS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE PROPERTIES. 

 

IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTY, YOU FOREVER RELEASE LIFE NAVIGATION INSTITUTE, AND ITS LICENSORS, SUPPLIERS, AGENTS, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PROPERTIES, IP RIGHTS, AND CONTENT, OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE MARKETED OR PROVIDED ON OR THROUGH THE PROPERTIES OR BY LIFE NAVIGATION INSTITUTE.

 

14.2 California Residents
If you are a California resident, you waive California Civil Code Section 1542, which states the following: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” If you are not a California resident, you waive your rights under any statute similar to California Civil Code Section 1542 that governs your rights in the jurisdiction of your residence.

 

14.3 Data Fees
Data Fees Data, messaging, or other ISP and carrier fees may apply in your use of the Properties through a mobile device.

 

14.4 Interpretation
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms. Nothing contained in these Terms will be deemed to constitute Life Navigation Institute or you as the agent or representative of the other or as joint venturers or partners

 

14.5 Governing Law/Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, will be settled, first, by mediation to take place within 30 days of the written notice of such dispute and, second, if the parties are unable to settle such dispute by mediation in such 30-day period, then by binding arbitration by a single arbitrator in accordance with California Code of Civil Procedure Section 1280 et seq., and the then current rules and procedures of JAMS. The arbitration will be a confidential proceeding, closed to the general public. The arbitration will take place in Los Angeles, California, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure with respect to any final award in an arbitration arising out of or related to these Terms. For the sake of clarity, nothing in this paragraph will affect our ability to seek from a court injunctive or equitable relief at any time. In no event will the arbitrator have the authority to award punitive damages or any other damages expressly limited by these Terms. Neither Life Navigation Institute nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.

 

14.6 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or additional policies as may be published by Life Navigation Institute on the Properties, shall constitute the entire agreement between you and Life Navigation Institute.

 

14.7 Third-Party Beneficiaries
These Terms does not confer any third-party beneficiary rights.

 

14.8 Force Majeure
Neither Life Navigation Institute nor you shall be liable to the other for any delay or failure in performance under these Terms, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

 

14.9 No Assignment
Neither these Terms nor any right, obligation, or remedy hereunder is assignable, transferable, delegable or sub-licensable by you except with our prior written consent, and any attempted assignment, transfer, delegation, or sublicense will be null and void. Life Navigation Institute may assign, transfer, or delegate these Terms or any right, obligation or remedy hereunder in its sole discretion.

 

14.10 Severability

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

 

14.11 Waiver
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Nothing in these Terms waives or limits extra-contractual rights or remedies available to us to protect our rights or property, including, but not limited to, those available under U.S. copyright law, international treaties or copyright or intellectual property laws of the countries in which the Properties is used.

 

14.12 Notices
You agree that Life Navigation Institute may provide you with notices, including those regarding changes to this Agreement, by email, regular or expedited mail, text communication, website postings or other means of communication