
Terms of Use
1. Introduction
Welcome to the VoicesAcrossTheVeil.AfterlifeData.com website (“Site”). This Terms of Use sets forth the Terms of Use between Quixotic Vision LLC (collectively, “QVllc” or “we” or “us”) and each user (“you” or “user”) governing the use by you of this Site. Please read this Terms of Use carefully before using this Site. By using this Site, you agree to be bound by the terms and conditions contained in this Terms of Use. If you do not agree to the terms and conditions contained in this Terms of Use, you may not access or otherwise use this Site.
We may, in our sole discretion, modify this Terms of Use. The date at the top of this Terms of Use will indicate when the latest modifications were made. By continuing to access and use the Site after this Terms of Use has been modified, you are agreeing to such modifications. Therefore, you should review this Terms of Use prior to each use of the Site. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Terms of Use.
The term “Session” refers to the sessions provided via the Upcoming Sessions page and each Medium’s detail page. By paying for a Session or Sessions, you acknowledge having read and understand these Terms of Use and the other policies and guidelines, which are hereby incorporated into this Terms of Use by mention, throughout the Site.
The term “Linked Site” or “External Link” refers to any websites linked from the Site via standard HTML linking methods.
2. No Advice Given
The information and other content provided on and through this Site or an associated Session(s), including information that may be provided on the Site, during a Session(s) and other content provided on any Linked Site by us, as defined in this Terms of Use, are provided for informational and educational purposes only and are presented as research studies. We do not, directly or indirectly, forecast or foretell future events on this Site or during any Sessions. The information should never be considered Healthcare Advice, Legal Advice, Financial Advice or any other advice for which a licensed professional is available. Information relating to medical and health conditions and treatments is not intended as a substitute for advice from your Healthcare Professional. Information relating to financial or legal situations should not be used without consulting a Financial or Legal Professional. You should not use the information or services on this Site for diagnosis or treatment of any health issue, financial concerns or as legal recommendations. You should always speak with your Healthcare, Financial, Legal or other Professional before making any decisions. You are solely responsible for any decisions you make or steps you take.
3. Session Purchases
We accept credit cards for Session payments. All purchases are handled through PayPal. If you make a purchase on this Site, your purchase will also be subject to the guidelines and policies on the Payment Sites. Please review all pages of this Site and the Payment Sites before making any purchase. By submitting payment information in connection with any such purchase, you agree to be bound by these Terms of Use and all policies and guidelines on the Payment Sites.
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
In order to participate in the Sessions featured on the Site, we require that you register an Account and provide the personal information requested, which will be managed by QVllc in accordance with this Terms of Use and our Privacy Policy.
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.
8. Privacy
Use of this Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Terms of Use. Please carefully review our Privacy Policy. By using this Site, you agree to be bound by the terms of our Privacy Policy. We reserve the right, and you authorize us, to use information regarding your use of this Site, account registration, and any other personal information provided by you in accordance with our Privacy Policy.
9. Copyright and Trademarks
You acknowledge that all materials on the Site, including the Site’s name, design, graphics, text, sounds, pictures, videos of Sessions, software and other files and the selection and arrangement thereof, as well as video recordings and collected data, (collectively, “Materials”), are the property of QVllc and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Terms of Use are reserved to their respective copyright owners. Except as expressly authorized by this Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of QVllc or the respective copyright owner. QVllc authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, Voices Across The Veil, AfterlifeData, AfterlifeLibrary and any Marks associated with any products available on the Site) are the sole property of QVllc and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of QVllc and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of QVllc and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of QVllc. QVllc will enforce its intellectual property rights to the fullest extent of the law.
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:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS OF USE, QVLLC AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “QVllc PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS OF USE, QVLLC PARTIES MAKE NO WARRANTY THAT (I) THE SITE AND/OR SESSION(S) WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND/OR SESSION(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SESSION(S) WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE AND/OR SESSION(S) WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE AND/OR SESSION(S) WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SESSION(S) IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QVLLC PARTIES OR ON OR THROUGH THE SITE AND/OR SESSION(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE.
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.
12. Indemnification
You agree to indemnify, defend and hold harmless QVllc Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site and or Sessions, any activity related to your Account by you or any other person, any material that you submit to, post on or transmit through the Site and/or Sessions, your breach of this Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.
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.
QVllc makes no representation that Materials contained on the Site or products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Terms of Use complies with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not QVllc Parties, are responsible for compliance with applicable local laws.
This Terms of Use is effective unless and until terminated by either you or QVllc. You may terminate this Terms of Use at any time, provided that you discontinue any further use of this Site or participation in any Sessions. QVllc also may terminate or suspend this Terms of Use, at any time, without notice, and accordingly deny you access to the Site, if in QVllc’s sole discretion you fail to comply with any term or provision of this Terms of Use or your use is harmful to the interests of another user or QVllc Parties. Upon any termination of the Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
QVllc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Terms of Use, you agree that QVllc Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
You agree that QVllc may terminate or suspend your access to all or part of this Site, without notice, for any conduct that QVllc, in its sole discretion, believes is in violation of this Terms of Use or any applicable law or is harmful to the interests of another user or QVllc Parties. Sections 8, 9-17 and 19 shall survive any termination of this Terms of Use.
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.
You acknowledge and agree that QVllc may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Terms of Use, respond to claims that any User Content violates the rights of third-parties; or protect the rights, property, or personal safety of QVllc, its users and the public. You understand that the technical processing and transmission of the Site, including your User Content, may involve: transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to each of the conditions in this Terms of Use and further agree that each of these conditions applies forever and broadly with regard to QVllc. Posting of User Content to or through the Site including, ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content. QVllc shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s) you post to or through the Site. QVllc SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.
By posting information or content or participating in Sessions, you agree to the following rules:
14.1. RESPECT
Respect of both contributors and other users alike is extremely important, and disrespect of anyone in the comments section is strictly prohibited. Remember that Terms of Uses can be resolved in a mature manner, and if you feel someone is being disrespectful to you please report them to us rather than respond in like.
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.
14.4. IMPERSONATION
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
You may not upload, post, email, or otherwise transmit any User 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 employment relationships or under nondisclosure Terms of Uses) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
14.8. SPAM
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 understand that by using the Site or participating in Sessions, you may be exposed to information or content created by others that is offensive, indecent, or objectionable. QVllc does not endorse or have control over this information or content. The thoughts and views expressed in these areas in no way represent the thoughts and views of QVllc, its moderators, administrators, or contributors. User Content is not reviewed by QVllc prior to posting and does not reflect the opinions or policies of QVllc. QVllc makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the Site. QVllc assumes no responsibility for monitoring the Site for inappropriate submissions or conduct. If at any time QVllc chooses, in its sole discretion, to monitor the Site, QVllc nonetheless assumes no responsibility for User Content, has no obligation to modify or remove any inappropriate user Content, and has no responsibility for the conduct of the Site users submitting any such User Content. Notwithstanding the foregoing, QVllc and its designees shall have the right to remove any User Content or other information that violates this Terms of Use or is otherwise objectionable, in QVllc’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content or other information, including any reliance on the accuracy, completeness, or usefulness of such User Content or other information. In this regard, you acknowledge that you may not rely on any User Content or other information.
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
QVllc reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site to any person, geographic area, or jurisdiction we so desire. This Site is subject to United States export controls, and may not be used, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms of Use and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (October 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14, and any amendments thereto, as applicable.
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.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
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.
By using any QVllc Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and QVllc.
This Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Delaware and further agree that any cause of action arising from or relating to the use of this Site, Sessions or this Terms of Use shall be brought exclusively in the Federal or State Courts residing in Delaware. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND QVllc HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS Terms of Use OR THE SITE. IN ADDITION, NEITHER YOU NOR QVllc SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
19. Severability and Interpretation
If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Terms of Use, the term “including” shall be deemed to be followed by the words “without limitation.”
20. Entire Terms of Use
This Terms of Use constitutes the entire and only Terms of Use between QVllc and each user of this Site with respect to the subject matter of this Terms of Use and superceedes any and all prior or contemporaneous Terms of Uses, representations, warranties and understandings, written or oral, with respect to the subject matter of this Terms of Use.
21. Miscellaneous
The failure of QVllc Parties to insist upon strict adherence to any term of this Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Terms of Use. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Terms of Use must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Terms of Use are for the benefit of QVllc Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
22. Contact Information
If you have any comments or questions regarding this Terms of Use, or wish to report any violation of this Terms of Use, please contact us. We will address any issue to the best of our abilities as soon as possible.
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