The term “Linked Site” or “External Link” refers to any websites linked from the Site via standard HTML linking methods.
2. No Advice Given
3. Session Purchases
3.1. SESSION PURCHASES (REFUNDS)
Refunds for purchased sessions are made at the sole discretion of QVllc. Refunds will be equal to the total purchase amount minus any fees incurred from Payment Sites.
3.2. SESSION PURCHASES (RESCHEDULING)
You may reschedule a Session only once. A rescheduling request must be made prior to 72 hours before the Session start time.
4. Session Participation
By participating in a Session (or Sessions), you have the opportunity to complete a Pre-Questionnaire and a Post-Questionnaire for the purposes of research to be reported in aggregate form on AfterlifeData.com and in other places (e.g.: web sites, papers, reports, blogs, conferences, to other researchers, etc.).
You agree that you will attend Sessions from a location that is quiet and without distraction to yourself or others during the Session. You will not use any profane, abusive or derogatory language during the session or in any communication with us or others. Removal from a Session is at the sole discretion of QVllc and you will not be entitled to any refund or additional Sessions if you are removed from a Session.
5. Session Attendance & Accounts
Your right to Session(s) attendance is conditional upon QVllc’s receipt of payment. If payment cannot be charged to the credit card used for payment or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your Session and/or Account access. You are required to pay any amounts still owed to us at the time your Session and Account access is suspended or terminated.
6. Session Changes
We reserve the right to change the amount of, or basis for determining, any fees, and to institute new fees, effective upon prior notice to you. Similarly, we reserve the right to modify any other terms of participation in any Session (for example, the duration of the Session or features offered to participants), upon prior notice to you. We may give notices to you by means of a general notice on the Site, in your Account, on any and all pages of the Site or by e-mail to the e-mail address provided by you or by the person who purchased your Session.
7. Cancelled Sessions
You may cancel your Session participation at any time after your initial registration up to 72 hours in advance of the Session Start Time for which you are scheduled, unless the Session you have selected specifically does not permit cancellation within a specified time period. This would apply to any Sessions that are purchased within 72 hours of their scheduled time. To cancel your participation in a Session prior to 72 hours before the Session’s scheduled Start Time, you must contact us.
9. Copyright and Trademarks
10. Links and Third Party Websites
Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. QVllc does not control or endorse any such third party websites. You agree that QVllc Parties will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You may use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. QVllc expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers or mediums found on or through the use of the Site, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or medium. You agree that QVllc Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or mediums on the Site.
11. Disclaimer and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND/OR SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, QVLLC PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QVLLC PARTIES EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION AND NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
QVLLC PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE AND/OR SESSION(S), INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE AND/OR SESSION(S), OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE AND/OR SESSION(S) OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QVLLC AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE AND/OR SESSION(S) WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF QVLLC PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM QVLLC ON THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Site Usage and Termination of Usage
If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or QVllc has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, QVllc has the right to prohibit any and all current or future use of the Site and/or Session(s) (or any portion thereof) by you.
You will create a username and password while completing the Account Registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your Account. You agree to:
- immediately notify QVllc of any unauthorized use of your password or Account or any other breach of security, and
- ensure that you log out of your Account at the end of each logon session.
You agree to be responsible for all charges resulting from the use of your Account on the Site, including charges resulting from unauthorized use of your Account prior to your taking steps to prevent such occurrence by changing your password and notifying QVllc. QVllc Parties cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to use this Site and the Sessions only for lawful purposes, and that you are responsible for your use of and communications on the Site and the Sessions. You agree not to transmit through this Site and the Sessions any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site and the Sessions in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site and the Sessions.
You further agree that you will not access this Site by any means except through the interface provided by QVllc for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of QVllc is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of QVllc is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
14. User Content and Conduct
Where applicable on the Site, you are invited to post your own content and personalize your landing page, including a service which allows you to upload pictures and keep a journal on your personalized landing page (“User Content”). You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another Site user or to us, is your sole responsibility. Though the Site is designed to be a safe place to share such User Content, QVllc cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the Site. Under no circumstances will QVllc be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. QVllc IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.
By posting any User Content to the Site, you hereby grant QVllc a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or incorporate it in other works in any form, media, or technology now known or later developed, now and in the future. You specifically waive any “moral rights” in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the rights to grant the license set forth in this Section 14; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person and that the User Content will comply with this Section 14. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Site. QVllc reserves the right to remove User Content as described below.
By posting information or content or participating in Sessions, you agree to the following rules:
14.2. ABSOLUTELY NO VULGARITY OR ABUSE OF OTHERS
You may not post any User Content which may be regarded as unlawful, harmful, libelous, defamatory, vulgar, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, harmful, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or otherwise objectionable, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You also may not “stalk” other users of the Site or participants in the Sessions.
14.3. NO SELF PROMOTION
There is zero tolerance for self-promotion of skills or services through the Site. Self-promotion comments could result in an automatic ban from the Site or a Session.
Impersonation of any contributor, person or entity, or misrepresentation of one’s affiliation with any contributor, person, or entity is strictly prohibited. In addition, users may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site or in Sessions.
14.5. STAY ON TOPIC
While comments can tend to drift naturally from the original topic, we ask that you please try to stay relevant to the topic at hand.
14.6. OPINIONS VS. FACTS
Everyone has their own opinions and we encourage you to share them at appropriate times in order to inspire discussion and further everyone’s knowledge and experience. While sharing opinions is encouraged, keep in mind that others may disagree and no one’s opinion is fact. If you would like to present something as fact, please be prepared to cite references.
14.7. USE THE WORKS OF OTHERS
Spamming the Site is strictly prohibited. Spamming includes uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
14.9. DISRUPTION OF OTHERS
You may not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. In addition, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges. You may not 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.
14.10. OTHER USER’S PERSONAL DATA
You may not collect or store personal data about other Users of the Site.
14.11. REVOCATION OF ACCOUNT ACCESS OR SESSION PARTICIPATION
The Site offers a unique experience to access and share experiences via Sessions with a medium. Breaking of any of these rules can result in your Account or Session access being revoked without warning. In extreme cases, we retain the right to ban an individual’s Site use permanently. If your access is revoked, QVllc will not refund any part of your Session fees or any other fees paid to date. QVllc also retains the right to delete any information or content that it deems inappropriate or to be breaking any of the above rules.
You are solely responsible for your interactions with other Site users, either during Sessions or otherwise. QVllc reserves the right, but has no obligation, to monitor disputes between you and other Site users and to terminate your Site or Session access if QVllc determines, in its sole discretion, that doing so is prudent.
15. Parental Controls
If you are concerned about the content of the Site, we hereby notify you that parental control protections (such as computer hardware, software, or filtering) are commercially available that may assist you in limiting access to material that may be harmful to minors. You may find more information at http://www.staysafeonline.org.
16. Copyright Policy
We respect the intellectual property rights of others and require the Site users do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to us via our contact page, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below:
- A physical signature of the person authorized to act on behalf of the owner of the copyright;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
17. Geographic Limits of Service
18. Applicable Law, Jurisdiction and Dispute Resolution
Any dispute or claim relating in any way to your use of any QVllc Service, or to any products or services sold or distributed by QVllc or through AfterlifeData.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Business Filings Incorporated, 108 West 13th Street, Wilmington, Delaware 19801. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will not reimburse any fees for claims. Likewise, QVllc will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
19. Severability and Interpretation
22. Contact Information
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