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Terms of Use

Effective May 6, 2007

Welcome and thank you for your interest in our web site, www.shivaplanner.com (the "site"). Please carefully read and review the Terms of Use and Privacy Policy (collectively the "Agreement"), which governs your use of our web site, interfaces and services. Any references to "you" or "your" shall be deemed to include and reference any authorized user of your account.

BY USING THIS WEB SITE, OR ANY OTHER INTERFACE, OR BY USING ANY OF THE SERVICES OFFERED ON THE SITE (THE "SERVICES") OR THE CONTENT THEREOF (THE "CONTENT"), YOU ARE UNCONDITIONALLY AGREEING TO THESE TERMS OF USE AND THE PRIVACY POLICY (COLLECTIVELY THE "AGREEMENTS"). IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENTS, YOU ARE NOT PERMITTED TO USE THE SITE OR THE SERVICES. WE RESERVE THE RIGHT TO CHANGE ANY PROVISION OF THE AGREEMENTS AT ANY TIME WITHOUT NOTICE TO YOU.

Restrictions on Use

All content included on this site, such as text, graphics, logos, button icons, images, photographs, digital downloads, data compilations, is the property of its content suppliers and is protected by United States copyright laws.

Users of this site may not copy, print, or distribute any of its contents without express permission. Linking to this site is permitted, provided that the link does not falsely imply or suggest endorsement or is affiliated with the linked site.

We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and we may do so without prior notice to you. If we become aware that our site or a site on which our banner(s) has been placed is being used for a prohibited purpose (or an attempt has been made to do so), we will take any action we deem appropriate. We may not notify you before we take action against you.

Termination of Access to Website

We may, in our sole discretion, terminate or suspend your access to all or part of this website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or activity that may otherwise affect the enjoyment of this website or access to this website by others, may be grounds for termination of your access to all or part of this website at our sole discretion.

Copyright Notice

We respect the intellectual property rights of others and reserve the right, at our sole discretion, to block and/or terminate access to this site from those that infringe on the rights of others.

Trademarks

The marks displayed on this site are trademarks of ours. All other trademarks displayed on this site not owned by us are the property of their respective owners, who may or may not be affiliated with us. You may not use these trademarks for any product or service that does not belong to us or in any manner likely to cause confusion about whether we are affiliated with any product or service.

Limitations of Liability

WE AND OUR AFFILIATES AND ADVERTISERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF (OR THE INABILITY TO USE) THIS WEB SITE AND ITS CONTENTS, OR A SITE LINKED TO THIS SITE, INCLUDING ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER COMPUTER MALFUNCTION. IN NO EVENT SHALL WE, OUR SUPPLIERS, PROVIDERS, LICENSORS OR AFFILIATES OR ADVERTISERS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF DATA OR DAMAGE TO YOUR HARDWARE OR SOFTWARE, EVEN IF OUR SUPPLIERS, PROVIDERS, LICENSORS OR AFFILIATES OR ADVERTISERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR OTHER FAULT OF OURS, ITS SUPPLIERS, PROVIDERS, LICENSORS OR AFFILIATES OR ADVERTISERS AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Linked Sites

This site may link to or be linked from other sites that are not maintained by us. We do not endorse, and are not responsible for the content of any of those sites. Furthermore, ShivaPlanner.com, its advertisers, and its endorsing organizations are not responsible for the kosher supervision of any of the advertisers. Please check with them directly to confirm the accuracy of any information provided on this site.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to us will forever be the property and intellectual property of ours. Unless we expressly state to the contrary, we will not be required to treat any submission as confidential. Further, we will be entitled to use any Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.

User Restrictions

You agree not to interrupt, or attempt to interrupt, the operation of this site or the provision of the Services in any way.

Indemnity

You shall, at your own expense, defend us, our suppliers, providers, licensors and/or affiliates against any third party claim, suit or proceeding ("Third Party Claim") brought against us, our suppliers, providers, licensors and/or affiliates or advertisers which arises out of, results from or is related to any breach by you of any of the Agreements thereunder. You shall indemnify and hold us and our suppliers, providers, licensors and affiliates and advertisers harmless from any damages (including reasonable attorney's fees) resulting from a Third Party Claim.

No Warranty

You expressly understand and agree that your use of the Sites, the Services and the Content is at your sole risk and that the Sites, the Services and the Content are provided "AS IS," "AS AVAILABLE" and "WITH ALL FAULTS." We and our suppliers, providers, licensors and affiliates and advertisers make no warranty as to the Site, the Services, or the Content, that the Services will be uninterrupted, timely, secure or error-free, and/or their availability. No advice or information from us or through or from the Site, the Services, or the Content, whether oral or written, shall create any warranty. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, US, OUR SUPPLIERS, PROVIDERS, LICENSORS AND AFFILIATES AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Compliance with Laws

You agree to comply with all applicable laws, rules and regulations in connection with your activities under the Agreements.

Written Agreements

The Agreements constitute written agreements between you and us. A printed version of the Agreements, and of any notice given in electronic form related to the Agreements, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. You hereby waive any and all defenses you may have based on the electronic form of the Agreements and the lack of signing by the parties hereto to execute the Agreements.

Not An Endorsement

The inclusion of postings and advertisements on this site and associated links from this site do not imply endorsement by the publisher, designer, or printer. The publisher, designer, and printer make no endorsement, express or implied, of any postings or links, nor are they responsible for the content or activities of any of the advertisers and their linked sites.

Force Majeure

We and our suppliers, providers, licensors and affiliates and advertisers shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

No Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of the Agreements without the prior written consent of ours which may be withheld in its sole and absolute discretion. We may assign the Agreements or its rights under the Agreements in whole or in part upon written notice to you.

Governing Law. The Agreements shall be governed by the laws of the State of Florida, Broward County, without regard to principles of conflicts of laws.

Severability. If any provision of any Agreements is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The invalidity or unenforceability of any particular provision of any Agreements shall not affect the other provisions thereof, which shall continue in full force and effect.

Further Questions. If you have any questions regarding the Sites, the services, the content or the Agreement, or if you would like to contact us for any other reason, please send a request to info@shivaplanner.com

Injunctive Relief. You agree that a breach of the Agreements, the license rights granted under the Agreements and/or the restrictions thereon may result in irreparable harm and significant injury to us, our suppliers, providers, licensors or affiliates or advertisers, which may be difficult to ascertain. Accordingly, you agree that our company, its suppliers, providers, licensors or affiliates, as applicable, shall be entitled to equitable relief, including, without limitation, an immediate injunction enjoining any further breach, in addition to all other remedies available to such party at law or in equity. You expressly agree that jurisdiction for relief sought under this Section shall reside exclusively in the federal and state courts of Florida.

Price And Payment

Registration and membership is free, with no obligation of purchase.

Terms Of Membership

Membership is available to anyone who provides all required information including your name, and an accurate and legitimate email address. In addition, each member can create a password for future access to the Site. The Member will then be able to create one or more postings by filling out the appropriate forms and uploading their files to the Site.

In order to view postings, registration is not required.

Membership is non-transferable.

Registration, membership, and postings are also governed by our Privacy Policy.

All use of this Site is subject to the following:

Postings may not be modified or altered in any way, except by the owner of the postings, or by our team with explicit permission of the owner, with the exception of inappropriate material and misuse, which can be altered by our employees and web programmers at any time.

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from this Web site in whole or in part without our prior written permission.

We claim no ownership rights in the content you place on your postings.

By posting on this web site, a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the submissions for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to Members for such use.

Guidelines For Members

We do not control the content of any postings and do not have any obligation to monitor such content. Therefore, all content is the responsibility of the Member, not ours.

We make no express or implied warranties about the reliability of the postings, and are not responsible for any damage caused by loss, deletion or alteration of albums. Members are responsible for monitoring and creating backups of all postings content.

Unacceptable actions and content on the Site, listed below, will constitute grounds for blocking access, removal of posted material and/or membership termination. It is a condition of your use of the Site that you do not:

Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;

Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

Harm minors in any way;

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;

Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

Interfere with or disrupt (or attempt to interfere with or disrupt) the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable state or federal law, or violating any laws or regulations of any governing body having jurisdiction over our site, its affiliates or users;

Upload any materials inconsistent with the values of the spirit of the this web site;

Upload, post, email or otherwise transmit any redundant information which is inserted in our databases, indices and other forms of data storage.

Termination Of Membership Service

We reserve the right to terminate Membership and delete any and all information, communications, postings, and image files at any time, without notice, for conduct violating this Agreement or other policies or guidelines set forth by us elsewhere on the Site.

We may terminate Membership and delete any and all information, communications, postings, and files at any time, without notice, for online conduct that we believe is harmful to other Members, our business, or other third party information providers.

We reserve the right at all times to disclose any information posted by you or any other user as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that our sole discretion are objectionable or in violation of these terms and conditions.

Disclaimer

The material in this site may include technical inaccuracies or typographical errors. We may shut down the web site and end this Agreement at any time. However, in the event of such a termination, the Limitations of Liability, Disclaimer, Indemnity and Governing Law sections would continue to apply.

THIS SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Revisions or Changes to this Website Agreement

We may, from time to time, make changes to this Agreement. If we make any substantial changes in the way we use your personal information or to the rights and obligations set forth herein, we will update this page and/or the Privacy Policy.

International Use

We make no representation that materials on this site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with local laws.