SEVEN SISTERS ASTROLOGY, LLC
TERMS AND CONDITIONS OF USE
Welcome to sevensisters.com, an online astrological services website (“Seven Sisters Services” or “Services”) created by Seven Sisters Astrology, LLC (“Seven Sisters”) which provides for use by its subscribers an online astrological website (the “Website”).
PLEASE READ THIS DOCUMENT AND THESE TERMS OF USE CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. PLEASE NOTE THAT ARTICLE 6 OF THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND OUTSIDE WOULD BE RESOLVED.
BY ACCESSING THE WEBSITE AND CLICKING “AGREE” YOU, THE END-USER, (COLLECTIVELY WITH YOUR AGENTS, AND ANY PERSON OR ENTITY ACTING OR APPARENTLY ACTING ON YOUR BEHALF OR WHO ON BEHALF YOU ARE ACTING, REFERRED HEREIN AS "SUBSCRIBER" AND SOMETIMES ALSO REFERRED TO AS “YOU” OR “YOUR”) ACCEPT THE OFFER MADE BY THIS AGREEMENT, AGREE THESE TERMS OF USE SHALL BE A LEGAL CONTRACT AND YOU INTEND TO BE LEGALLY BOUND TO A CONTRACT BETWEEN YOU AND SEVEN SISTERS ASTROLOGY, LLC. FOR THE USE OF BOTH THE WEBSITE AND THE SERVICES (THIS “AGREEMENT”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE OR CLICK “AGREE.”
If you are under the age of 18, please do not use or access the Website or use the Services. It is not our intention to collect or use personal information from anyone under 18, and we will not knowingly do so. If Seven Sisters is made aware we have collected any personal information from persons under 18 and are asked to delete such information from our database, we will promptly do so.
SEVEN SISTERS DOES NOT PROVIDE ADVICE OR RECOMMENDATIONS
All the content in any form, text, graphics, audio, animations, data, files, information, and links (the “Content”) featured on this website and all services are displayed for informational and educational purposes only, and do not constitute, are not intended to be nor should they ever be construed as advice, predications, or recommendations. The Content and the astrological horoscope should not be used as a substitute for advice, treatment, or actions to be taken or omitted obtained from a professional. licensed or otherwise, such as by way of example and not limitation, a health care provider. The Content is intended to be interpretations of your astrological chart based on the input of certain information such as your birth date, time of birth, and location. These interpretations are not factual. Rather, they are suggestions and opinions with a range of uncertainties and possibilities which invite you to reflect upon and consider along with a myriad of other possibilities. Seven Sisters makes no representations or warranties regarding the accuracy, correctness, or significance of any aspect of the astrological horoscope, the Content or what it may or not predict or the results You will achieve by relying upon these opinions and interpretations. You are solely responsible for the manner in which You use the Services including the manner You interpret and act upon the Services and Content. As stated in these terms of service Agreement, use of this Website constitutes an agreement by the user not to hold Seven Sisters or any of its members, managers, employees or agents liable or responsible for the information or Content posted on it.
1. Obligations of the Subscriber
Subscriber covenants and agrees it shall:
1.1 (a) Promise to read this Agreement carefully, to consult the Website regularly for up-to-date information about the Services and any changes or amendments to this Agreement and retain it for future reference. (b) Understand and agree that the terms and conditions of this Agreement govern all aspects of its relationship with Seven Sisters, including all transactions between Seven Sisters and Subscriber and all products and services now or in the future offered through Seven Sisters, beginning on the earlier of the date when Subscriber begins the use of the Services or accessed the Website. Seven Sisters has the right to amend this Agreement at any. Such amendments shall be effective immediately upon posting. (c) You agree to review the Website periodically to be aware of any such amendments. Your continued use of the Website after such amendments have been made shall constitute acceptance of the amendments.
1.2 If Subscriber determines, at any time, it is unwilling to be bound by all of the terms and conditions of this Agreement, it will not use any of the Services nor continue to access the Website.
1.3 CAREFULLY READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE IT CLICKS "AGREE" OR OTHER SIMILARLY WORDED BUTTON. SUBSCRIBER UNDERSTANDS THAT CLICKING "AGREE" IS THE LEGAL EQUIVALENT OF MANUALLY SIGNING THIS AGREEMENT AND SUBSCRIBER WILL BE LEGALLY BOUND BY ALL OF ITS TERMS AND CONDITIONS. SUBSCRIBER UNDERSTANDS THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME BY SEVEN SISTERS, WITH REVISED TERMS POSTED ON THE WEBSITE. SUBSCRIBER AGREES TO CHECK FOR UPDATES TO THIS AGREEMENT. SUBSCRIBER UNDERSTANDS BY CONTINUING TO USE THE SERVICES AND/OR ACCESSING THE WEBSITE WITHOUT OBJECTING TO ANY REVISED TERMS OF THIS AGREEMENT, SUBSCRIBER IS ACCEPTING THE TERMS OF THE REVISED AGREEMENT AND IT WILL BE LEGALLY BOUND BY ALL ITS TERMS AND CONDITIONS.
1.4 Hold harmless, defend, and indemnify Seven Sisters and its members, managers, employees, agents, representatives, successors and assigns (hereinafter individually or collectively referred to as a "Seven Sisters Indemnified Party"), from and against all losses, liabilities, damages, demands, claims, suits, actions, causes of action, judgments, assessments, costs and expenses, including, without limitation, interest, penalties, reasonable attorneys' fees, any and all expenses incurred in investigating, preparing or defending against any litigation or any type proceeding including but not limited to arbitration commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation (collectively, "Damages"), asserted against, resulting to, imposed upon, or incurred or suffered by any Seven Sisters Indemnified Party, directly or indirectly, as a result of, arising from, or relating directly or indirectly to (a) any breach or non-fulfillment of any of the covenants or agreements made by Subscriber in this Agreement, (b) Subscriber’s use in any way of the Services, Content, or accessing the Website, (c) any violation whatsoever by Subscriber of any law, rule, regulation or rights of others in connection with or related in any way with the use of the Website, the operation or conduct of its business, if any, or (d) the violation of any property or privacy right. These obligations shall survive the termination or expiration of this Agreement and/or Subscriber’s use of the Services or Website.
1.5 Be responsible for maintaining the confidentiality of Your username, password, and other credentials associated with any account Subscriber uses to access the Seven Sisters Services and the Website (“Credentials”). Accordingly, Subscriber agrees it will be solely responsible in all ways and manners to Seven Sisters for all activities that occur under its account. If Subscriber becomes aware of any unauthorized use of its password or of its account, it shall notify Seven Sisters immediately. You acknowledge and agree that under no circumstances will Seven Sisters be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions or the misuse of Your Credentials by any third party, whether authorized by You or not.
1.6 Use the Seven Sisters portal, and all Seven Sisters Services only for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations. Subscriber may not, and will not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, circumvent, or bypass any technological protection measures or otherwise tamper with the Seven Sisters Website, whether in whole or in part, or create any derivative works from or of the Seven Sisters Services.
1.7 Not to use Seven Sisters Services or the Website for any unauthorized or illegal purpose. You will be responsible for ensuring that You do not violate any laws in Your or any applicable jurisdiction. You agree not to upload or transmit viruses, worms, malware, or any other code that will damage or impair the Seven Sisters Service or the Website (“Harmful Code”). You accept sole responsibility for all your activities using the Seven Sisters Services and the Website, including any content you transmit, submit, post, or share on Website and/or in conjunction with the Seven Sisters Services and for any Harmful Code.
1.8 Not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
1.9 Not Spam or engage in unethical marketing, advertising, any other practice connected in any way to spam including, sending content or emails which do not comply with the CAN-SPAM Act of 2003.
1.10 Not violate any terms, conditions, or agreements in this Agreement.
1.11 Not reproduce, duplicate, copy, sell, resell, or exploit in any way any portion of the Seven Sisters Services or any portion of the Website without our express written permission, which may be in the form of a separate written agreement with Seven Sisters. Seven Sisters reserves the right to investigate any of your activity involving the use of Seven Sisters Services or the Website, and to cancel your account at any time and for any or no reason.
2. INTELLECTUAL PROPERTY
2.1 You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, the Content, and the Services strictly in accordance with this Agreement. The Seven Sisters Services, all confidential and proprietary software used in connection with the Seven Sisters Services, information and Content presented to you through the Seven Sisters Services or the Website, and all other Materials (as defined below), provided by or through Seven Sisters are owned by Seven Sisters, are the property of Seven Sisters, and are protected by copyright, trademark, trade secret, and other intellectual property laws. You are not permitted to copy, reproduce, use, perform, display, or create derivative works form the Seven Sisters’ Content or Services. All rights not expressly given are reserved.
“Materials” means any necessary software, all informational text, content, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof.
2.2 Seven Sisters gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Seven Sisters Services in accordance with this Agreement, which is for Your personal, non-commercial informational purposes. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Seven Sisters Services or Materials, create derivative works based on or in any manner commercially exploit the Seven Sisters Services or Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Seven Sisters Services or Materials for any purpose other than as specifically permitted herein or without our prior consent is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
2.3 All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Seven Sisters. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of Seven Sisters or their respective owners.
3. YOUR ACCOUNT AND PROFILE
3.1 In order to use this Website, you must set up an account. Seven Sisters will only use your information to supply the Seven Sisters Services in accordance with its Privacy Policy. You acknowledge and agree any information supplied to Seven Sisters, including without limitation payment information may be used by Seven Sisters to supply the Seven Sisters Services. You are solely responsible for the security of your account and must protect your password.
4. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
4.1 SEVEN SISTERS DOES NOT PROMISE THE WEBSITE, ANY CONTENT, THE SEVEN SISTERS SERVICES OR MATERIALS WILL BE ERROR-FREE OR UNINTERRUPTED OR THE WEBSITE, THE CONTENT, OR SEVEN SISTERS SERVICES WILL PROVIDE SPECIFIC RESULTS. SUBSCRIBER AGREES ITS USE OF THE WEBSITE, THE CONTENT AND THE SEVEN SISTERS SERVICES IS AT ITS SOLE RISK AND IT ASSUMES THAT RISK.
4.2 BECAUSE OF THE INHERENT HAZARDS, CORRUPTION, AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE WEBSITE AND ITS APPLICATIONS. IF SUBSCRIBER RELIES ON THE WEBSITE OR ANY MATERIAL AVAILABLE THROUGH IT AND THE SEVEN SISTERS SERVICES IT DOES SO AT ITS OWN RISK. SUBSCRIBER UNDERSTANDS IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND THE SEVEN SISTERS SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."
4.3 SEVEN SISTERS AND ITS AGENTS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY RESULT OF THE CONTENT OR THE INFORMATION AVAILABLE THROUGH THE WEBSITE, THE CONTENT, AND THE SEVEN SISTERS SERVICES. SEVEN SISTERS DOES NOT GUARANTEE THE WEBSITE AND THE SEVEN SISTERS SERVICES OR CONTENT WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SEVEN SISTERS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
4.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SEVEN SISTERS, ITS AGENTS, EMPLOYEES, MEMBERS OR MANAGERS HAVE ANY LIABILITY TO THE SUBSCRIBER FOR ANY LOST PROFITS, OPPORTUNITIES, GOODWILL, USE OR DATA OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES WHATSOEVER OF ANY TYPE OR KIND HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY WHETHER FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE (AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES OR CONTENT OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE TO USE THE SITE AND THE SERVICES.
4.5 EXCEPT TO THE EXTENT OF SEVEN SISTERS’ INTENTIONAL FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT RESULTING FROM SEVEN SISTERS’ SOLE NEGLIGENCE, SEVEN SISTERS AND ITS AGENTS, EMPLOYEES, MEMBERS AND MANAGERS TOTAL AGGREGATE LIABILITY TO SUBSCRIBER AND ALL THIRD PARTIES FOR ALL CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, ALL SERVICES, THE CONTENT, AND THE RELATIONSHIP BETWEEN THE PARTIES, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE LESSER OF (A) TOTAL AMOUNT ACTUALLY PAID TO SEVEN SISTERS FOR ALL SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH LIABILITY AROSE; OR (B) ONE HUNDRED DOLLARS. NOTHING IN THIS SECTION LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THIS LIMITATION. SUBSCRIBER RELEASES SEVEN SISTERS FROM ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION IN THIS PARAGRAPH. THE REMEDIES IN THIS SECTION OR TERMINATION OF THIS AGREEMENT ARE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE USE OF THE WEBSITE, THE SERVICES OR OTHERWISE.
4.6 In the event of negligence or the breach of any of the terms, agreements, covenants or conditions of this Agreement or any claim whatsoever, the Subscriber agrees (a) there shall be absolutely no personal liability of any employee, manager, member, or employee of Seven Sisters; and (b) Subscriber waives all claims, demands, and causes of action against the employees, managers, members, or employees of Seven Sisters.
4.7 Except as may be prohibited by pertinent law, no action arising out of this Agreement or otherwise for any reason, regardless of form or type of claim may be brought by Subscriber (and Seven Sisters’ liability shall terminate) after the earlier of one (1) year after the date of the last delivery of Seven Sisters Services to Subscriber or one (1) year after the cause of action arose and if not filed within such time such cause of action shall be forever barred.
4.8 The provisions of this Article reflect an expressly agreed-upon and accepted allocation of risk and shall apply equally to each of the Seven Sisters Services. The fee charged by Seven Sisters for the Seven Sisters Services is set to reflect this allocation of risk.
5. General Provisions.
5.1 Reschedule and Cancellation Policies. To ensure that all our clients are treated fairly and can receive consultations in a timely manner, Seven Sisters asks that you reschedule by sending an email to tina@7sistersastrology.com within 48 hours prior to appointment. There is no fee for the first-time rescheduling. Subsequent rescheduling will incur a 50% fee.
If you miss your appointment and no notice was given, you will not receive a refund. A 50% fee is required to reschedule.
If you need to cancel your appointment, send an email to tina@7sistersastrology.com 48 hours prior to appointment for 100% refund. If cancellation occurs 24 hours prior to appointment, you will receive 50% refund. If the cancellation is less than 24 hours, you will not receive a refund.
5.2 Not indicative of Your Personal Experiences; Only theoretical. All Content featured on the Website or in the Services are theories and examples. As such, they are all provided for informational purposes only and are not intended to predict or suggest in any way your personal experience or outcome. No Subscriber should ever assume or feel assured that any such examples or information presented or made available in the Seven Sisters Services or on the Website will be the same, indicative of or even similar to your own personal experiences, present or in the future. Your actual choices and other circumstances could and likely will lead to different outcomes.
5.3 Severability. In case any term or provision of this Agreement shall be invalid, illegal, or unenforceable, in whole or in part, the portion that is determined to be invalid shall be severed, and the validity of any of the other terms or provisions of this Agreement shall not in any way be affected thereby. Nothing contained in this Agreement shall be construed as requiring the commission of any act contrary to law. In the event there is any conflict between any provision of this Agreement and any statute, law, ordinance, or regulation contrary to which the parties hereto have no legal right to contract, the latter shall prevail. In event of conflict, the provisions of this Agreement thus affected shall be curtailed and limited only to the extent necessary to cause this Agreement to conform to said requirement of law. Seven Sisters and Subscriber agree that, if the scope or enforceability of any section hereof, or any parts thereof, are in any way disputed at any time, a court may modify and enforce the particular covenant to the extent that it believes the covenant is reasonable and enforceable under all of the circumstances existing at the time.
5.4 Jurisdiction and Venue. Subscriber and Seven Sisters agree (a) this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws provision. (b) to irrevocably submit to the exclusive and personal jurisdiction of the State of Colorado (state or federal), with court venue in Boulder County (and arbitration venue in Denver County), over any Dispute (as defined hereinafter). (c) to irrevocably waive, to the fullest extent permitted by applicable law, any objection they may have to the venue of any such dispute brought in the county set forth herein in Colorado, any defense of inconvenient forum for the maintenance of such dispute or any defense of lack of personal jurisdiction.
5.5 Integration. This Agreement constitutes the exclusive and entire agreement of the parties relating to the subject matter hereof, and there are no written or oral terms or representations made by either party other than those contained herein. This Agreement supersedes and replaces any and all agreements of any kind, whether written or oral, express, or implied with respect to the subject matter, all of which shall be terminated upon the acceptance of this Agreement.
5.6 Assignment. This Agreement and/or the Seven Sisters Services may not be assigned by the Subscriber. Seven Sisters may freely assign its rights and obligations under this Agreement with or without notice to Subscriber.
5.7 Subscriber’s Agreement to be Bound. Subscriber’s use of the Website and/or the Seven Sisters Services includes the ability to enter into agreements and/or to make transactions electronically. SUBSCRIBER ACKNOWLEDGES ITS ELECTRONIC SUBMISSIONS CONSTITUTES ITS AGREEMENT AND CLEAR INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. SUBSCRIBER’S AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS SUBSCRIBER ENTERS INTO SEVEN SISTERS, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
5.8 Survival. No termination or expiration of this Agreement affects or impairs any obligations, duties, indemnities, and liabilities of either Party that, by their nature, continue beyond termination including but not limited to Section 1.3, 1.4, 2.1, 2.2, 2.3, Article 4, Sections 5.1, 5.2, 5.3, 5.4, Article 6 and the rights of Seven Sisters relating to any unpaid obligations of Subscriber.
5.9 Seven Sisters may discontinue the Services in whole or in part or Your account with us, with or without notice, for any reason, without liability to You or any third party. Without limiting the foregoing, Seven Sisters reserves the right to terminate Your account immediately if we are unable to verify or authenticate Your information, You violate this Agreement, or if we believe Your actions may cause legal liability to Seven Sisters.
6. Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ENFORCEABILITY OF THIS AGREEMENT IS GOVERNED BOTH PROCEDURALLY AND SUBSTANTIVELY BY FEDERAL AND COLORADO LAW, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.1 Arbitration Terms. Subscriber agrees, except as otherwise set forth herein, that all disputes or claims arising out of or in any way relating to this Agreement or is in any way connected to the interpretation, application or enforcement of this Agreement, the relationship between Seven Sisters and Subscriber, the use of the Services or the Website or any matter whatsoever between Seven Sisters (and its employees, officers, directors, shareholders, successors, attorneys and other agents) and Subscriber (and its successors, representatives, and heirs) based on any legal theory will be resolved by binding arbitration (a “Dispute”).
6.2 Arbitration Procedures. Before commencing arbitration, Subscriber must first present any Dispute to Seven Sisters in writing to allow Seven Sisters the opportunity to resolve the Dispute. If the Dispute is not resolved within 60 days after Seven Sisters receives notice of the Dispute, Subscriber may request arbitration by serving a completed Demand for Arbitration (the “Demand”). The Demand shall and must state plainly and clearly (a) a detailed description of the nature of and the facts underlying the Dispute (b) the legal and/or contractual basis of the Dispute including but not limited to the specific authority from which the Dispute arises; (c) set forth all damages and their causal relationship to the basis to the Dispute, and (d) the specific relief, and/or proposed solution or remedy sought.
6.3 The arbitration shall be conducted by the Judicial Arbiter Group in Denver, CO (“JAG”) which is where the Demand shall be delivered by either of the parties to initiate the arbitration. There shall be one JAG arbitrator who will be a former judge and will have at least 10 years of legal experience in the resolution of commercial disputes either as a judge or an arbitrator. The arbitrator shall be chosen by written mutual agreement of the parties. If, after 7 days, Subscriber and Seven Sisters are unable to agree upon an arbitrator, JAG will appoint the arbitrator. The arbitrator shall apply the substantive law of the state of Colorado, without giving effect to its conflict of law provisions. All face-to-face proceedings shall take place in Denver in the State of Colorado at the offices of JAG and in accordance with the procedures set forth by JAG.
6.4 Award. Arbitration is final, non-appealable, and binding. In making any award, the arbitrator shall be restricted by the “Limitation of Liability” provision in this Agreement and shall not have jurisdiction to make an award to any party to the arbitration contrary to the “Limitation of Liability” provision in Article 4 and shall adhere to the time limitation in Section 4.5. Subscriber expressly agrees that the rulings of the arbitrator, including any award, shall be binding, non-reviewable and non-appealable and it may be entered in any court of competent jurisdiction.
6.5 Confidentiality. Any arbitration shall be strictly confidential, and neither Subscriber nor Seven Sisters may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Any Party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary, or permanent injunctive or declaratory relief. Any violation of this confidentiality provision shall subject the violating party to damages.
6.6 Costs of Arbitration. The party requesting arbitration must first pay the applicable JAG retainer or fee, but the fee of JAG/arbitrator shall be shared equally. Each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a claim or Dispute that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys’ fees.
6.7 Waiver of Jury and Class Action and Other Representative Proceeding. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE PARTIES EXPRESSLY AGREE THAT THERE SHALL BE NO JURY OR COURT TRIAL OR RIGHT TO A JURY OR COURT TRIAL, OR RIGHT TO ANY OTHER PROCEEDING TO RESOLVE ANY DISPUTE IN ANY COURT. THE PARTIES ALSO EXPRESSLY AGREE THAT ANY DISPUTE IS PERSONAL TO THEM, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL ARBITRATION. BOTH PARTIES AGREE THERE CAN BE NO CLASS ARBITRATION OR ARBITRATION WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. BOTH PARTIES AGREE THAT A DISPUTE CANNOT UNDER ANY CIRCUMSTANCES BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER PERSON OR PERSONS.
7. Subscriber Content.
7.1 “User Content” means any and all information and content that a Subscriber or You submits to, or uses with Seven Sisters (e.g., photos, audio, video, messages, text, files, or other content You provide us). You are solely responsible for Your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes You or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Seven Sisters. Because You alone are responsible for your User Content (including backing up Your data), You may expose yourself to liability. Under no circumstance will Seven Sisters be liable for any inaccuracy or defect in User Content.
7.2 You grant, and You represent and warrant You have the right to grant, to Seven Sisters an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.