TERMS & DISCLAIMER
Disclaimer:
The readings that I provide are for guidance and entertainment purposes only. What you decide to do, including any action you take, is based on your responsibility and choices with the information I give you. All readings and questions answered should at no time be regarded as legal, medical, financial, psychological, or business facts and are subject to your interpretation and judgment. My services are not a substitute for professional services, and it is advised that you should seek advice from the relevant professional qualified expert. (Must be 18+)
Acceptance of Terms and Conditions
These Terms and Conditions set forth the terms and conditions that apply to your use of astrologywithrachelle.com (hereinafter referred to as “the Website”). From time to time, the Website may supplement these Terms and Conditions with Additional Terms (“Additional Terms”) pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events. Such Additional Terms may be placed on the website to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be so identified.
YOU UNDERSTAND AND AGREE THAT ANY SUCH ADDITIONAL TERMS SHALL BE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS AND CONDITIONS, AND THAT BY VISITING THE WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITES.
Registration Information/Privacy Policy
When you register for the Website’s newsletter, you will be required to provide the Website with a valid email address. Any information provided by you or gathered by the Website during any visit to the Website website shall be subject to the terms of the Website’s Privacy Policy, which is incorporated herein by reference. Please review the Website’s Privacy Policy.
Termination
The Website reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Website and/or any other service, tool, specific content, digital products, products, courses or events provided to you by The Website, including any personal web site, upon any breach by you of these Terms and Conditions or otherwise.
Modifications of These Terms and Conditions
The Website may modify these Terms and Conditions from time to time in its sole discretion. Please be aware that each time you visit the Website, you will be deemed to have accepted any and all such changes, and we shall have no obligation to notify you of any such changes other then posting such modifications on the website, but we reserve the right (at the Website’s sole discretion) to provide you notice of such changes to any email address you have provided to the Website.
Modifications of The Website
The Websites may modify or discontinue its website, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
Use of The Website
The Website, its products, services, digital products, events, courses, blog and social website tools (as more fully described below) and any other element of the Website is only for the personal use of visitors and/or members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by the Website in writing. Illegal and/or unauthorized use of the Website, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Website’s website is expressly prohibited. Any such use shall be deemed to be a violation of these Terms and Conditions.
Children and Minors
The Website does not encourage the use of this site by children less than 13 years of age. You must be 18 years of age or older to purchase services or merchandise from this site. If you are under 18 years of age, you may only purchase services or merchandise in conjunction with a parent or legal guardian. In such circumstances, it is the parent or legal guardian who is the actual purchaser and who is liable for any and all activities.
Claims of Copyright and Intellectual Property Policy
You acknowledge that (i) content on the Website is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes upon the copyright and intellectual property rights. You agree that unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of The Websites, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited. The Websites’ Copyright and Intellectual Property Infringement Policy is incorporated herein by reference.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflicts of laws provisions. By entering the website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Arizona.
Remedies for Breach of these Terms by You
In the event that the Website determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for its website, The Websites reserves the right to (i) delete any or all content provided by you to the Website; (ii) discontinue your registration(s) with the Website; (iii) discontinue your subscription to any newsletter, digital product, product, course, event, content, tool or service purchased through the Website; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which the Website deems to be appropriate. You agree that if the Website determines you have breached any of these Terms and Conditions, it may take any of the foregoing actions without any notice or warning to you.
Miscellaneous
In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The Website may assign its rights and obligations under these Terms and Conditions and upon such assignment the Website may be relieved of any further obligation hereunder.
You represent to the Website that you have the authority to register with or visit The Websites according to these Terms and Conditions. The Website does not encourage or solicit visitors who are known to be under the age of 13 to visit the Websites and it does not permit anyone under the age of 18 to engage in any ecommerce transaction.
These Terms and Conditions constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of The Websites, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions will remain valid and enforceable.
Contact Information
If you have any questions about this Terms and Condition Policy or anything else about the Websites, you can contact us at the following email address: [email protected]
3. COPYRIGHT & INTELLECTUAL PROPERTY INFRINGEMENT POLICY
Updated October 30th, 2021
It is the policy of the Website to respect intellectual property rights of others.
Accordingly, the Websites will process and investigate notices of alleged infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (hereinafter “DCMA”) and other applicable intellectual property laws.
A. Notification of Alleged Copyright or Intellectual Property Infringement
Pursuant to DCMA, all notifications of alleged copyright infringement should be sent to the service provider’s designated agent.
The name of the Agent designated to receive notice of the claimed infringement is: Rachelle Rizzi.
E-mail address of Designated Agent: [email protected].
B. Requirements for Reporting Alleged Copyright Infringement
To be considered an effective notice, the notification must be a written communication to the Designated Agent that includes the following:
A physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Identification of the copyrighted work claimed to have been infringed upon, or if multiple copyrighted works at a single online site are covered by a single notification, then it must include a representative list of such works at that site; and
Identification of the material that is claimed to be infringing, or is claimed to be the subject of infringing activity, that is to be removed or to which access to it is to be disabled, together with any information reasonably sufficient to permit the service provider to locate the material; and
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
C. Actions to be Taken by Designated Agent Pursuant to Notification of Alleged Copyright and Intellectual Property Infringement Claims
Upon receipt of a Notice that complies with the Copyright Act, The Websites will promptly remove the identified material and shall take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and its subsequent removal by us.
D. Counter-Notice to Designated Action
1. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
A physical or electronic signature of the alleged infringer; and
Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error; and
The alleged infringer’s name, address, and telephone number;
A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
2. Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
