1. Introduction and Scope of Agreement.

a.The following Terms of Access and Use (“Terms”) are a legal agreement (“Agreement”) between the user (“you”) and Namaste Feng Shui, Inc., its affiliates, employees, members, agents, and partners (“NFS”). By accessing, browsing, and/or using this web site and any of its subsidiary or affiliated sites (collectively, the “Site”), you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms, and to comply with all applicable laws and regulations.  The material provided on the Site is protected by law, including, but not limited to, United States copyright law.

b. These Terms do not alter in any way the terms and conditions of any other agreement that you may have with NFS for products or services, unless otherwise directed by NFS. In the event that you breach any of these Terms, then your authorization to access the Site or use any of its Services (as defined below) automatically terminates.

  1. User Representations.

As discussed in the Site’s Privacy Policy, access and use of the Site is intended for individuals ages 18 and over (or 13 with a parent or guardian’s permission).  Users must be at least 18 years old in order to purchase any products or Services from the Site.  You agree to provide and maintain true, current, and complete information about yourself while accessing the Site and using its Services.

  1. User Content.

Any material, information, or idea you transmit or post on the Site or its affiliated social media pages by any means (“User Content”) will be treated as non-confidential and non-proprietary.  NFS may use or disseminate such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or materials.

4.   Privacy.  

Your access of the Site and use of its Services is subject to our Privacy Policy, which is incorporated by reference herein.  By using any of the Site’s Services, you acknowledge and consent to the collection and use of information as set forth in the Privacy Policy.

  1. NFS’s Services.

a. NFS provides users with access to a variety of resources, including without limitation, various communication tools and informative content (some of which may be available for purchase) through the Site (collectively, the “Services”). You understand and agree that the Services may include advertisements and communications from NFS, such as Services-related announcements, administrative messages, and account maintenance-related messages.  Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms.

b. You understand and agree that NFS assumes no responsibility for the timeliness, deletion, mistaken delivery, or failure to store any user data or communications. You understand and agree that you are solely responsible for obtaining access to the Services, which may involve third-party fees and necessary equipment (such as an Internet service provider and access to a computer, monitor, and software), in addition to any fees that NFS may charge for its Services.  You understand and agree that the processing and transmission of the Services, use of the Site, and transmission of User Content may require (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

  1. Limited License.

NFS grants you a limited, non-exclusive license to access and use the Site.  Any Site content (as applicable) is for your internal use only.  You do not have any rights hereunder, nor may you sell, transfer, or assign any of NFS’s rights hereunder to any third party without the express written authorization of NFS.  You agree that you are solely responsible for the content of any information that you provide to the Site or NFS that is to be placed in the public domain and any consequences arising from such posting.  NFS reserves the right to suspend or terminate your access and use of the Site and its content at any time if NFS determines that you are in breach of these Terms. 

  1. Access and Use Restrictions.

You may only access the Site and use the Services in a manner that in NFS’s sole judgment is consistent with the purposes of the Site and its Services. If you are unsure of whether any contemplated use or action is permitted, please contact NFS at: jen@jenyocum.com.

By way of example, and not limitation, it is prohibited to access the Site or use its Services in any manner that:

  • is in violation of any federal, State, or local laws or regulation;
  • is threatening, indecent, defamatory, obscene, unlawful, harmful, abusive, harassing, tortious, invasive of another’s privacy, hateful, or that could otherwise adversely affect any individual, group, or entity;
  • violates the rights of any person, including rights protected by copyright, trade secret, patent, or other intellectual property, including, but not limited to, the installation or distribution of “pirated” software products;

(i)         interferes with or disrupts the Site, its Services, or its servers or networks;

(ii)        impersonates any person or entity, including but not limited to, an NFS official or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

  • harms minors in any way;
  • forges headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted with NFS, or develops restricted access or hidden pages or images;
  • uploads, posts, emails, or otherwise transmits any unsolicited or unauthorized advertising, promotional materials, or other form of solicitation;
  • uploads, posts, emails, or otherwise transmits any material that contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
  • promotes or provides instructional information about illegal activities; or
  • effects security breaches or disruptions of Internet communications, including but not limited to, accessing data of which you are not the intended recipient, or logging into a server or account that you are not expressly authorized to access.
  1. Access to the Site and use of the Services is limited to these Terms. You agree that you will not:
    • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” “crawl,” or copy the Web pages on the Site or the content contained therein without NFS’s prior, express, and written consent;
    • use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site; or
    • take any action that imposes an unreasonable or disproportionately large load on NFS’s infrastructure.
  1. Copyright.

All Site content, including, without limitation, graphics, text, pictures, and other files and the selection and arrangement thereof are copyrighted materials of NFS, ALL RIGHTS RESERVED, by the original creator of the material.  Permission is granted to access and use the Site and its Services only for personal, noncommercial purposes; NFS content may not be modified and must retain all copyright and other proprietary notices.  You may not distribute, copy, reproduce, display, republish, download, or transmit any of the Site’s content for commercial use without NFS’s prior written consent.  Additionally, you may not “mirror” any content on the Site on any other server without NFS’s prior written consent.  Any unauthorized use or access of the Site or its content may violate copyright laws, trademark laws, and the laws of privacy, publicity, and communications.

  1. Links.

Any links to third-party sites are provided solely for your convenience and if you use these links, you will leave the Site.  NFS does not control and is not responsible for any third-party sites, their content, or their policies.  NFS does not endorse or make any representations about third-party sites or any content, software, or other products found therein, or any results that may be obtained from using them.  If you decide to access any third-party site, you do so entirely at your own risk.  You acknowledge and agree that NFS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any third-party sites.  If NFS has provided a link to a third-party site and it causes any such issues, please notify NFS.

  1. Limitation of Liability.

In no event will NFS be liable for any damages including, without limitation, direct, indirect, special, incidental, or consequential damages; damages resulting from lost profits, lost data, or business interruption arising out of or relating to the use or inability to use the Site, any links to the Site, or any content or software on the Site.  These limitations and exclusions apply without regard to whether the damages arise from: breach of contract, breach of warranty, negligence, or any other cause of action to the extent such exclusion and limitations are not prohibited by applicable law.  If you do not agree with any part of these Terms, or if you have any other dispute or claim against NFS with respect to these Terms, then your sole and exclusive remedy is to discontinue using the Site and its Services.

11. Disclaimer Warranty. 

The Site, including all software, Services, and content is provided “AS IS” without warranties of any kind, either express or implied.  NFS disclaims all warranties, express or implied including, but not limited to, warranties of quiet enjoyment, non-infringement, merchantability, fitness for a particular purpose, title, data accuracy, system integration, and informational content.  NFS does not warrant or make any representations regarding the operation of the Site, the use, validity, accuracy, or reliability of, or the results of the use of the content on the Site or its Services.  The Site’s contents may be out of date, and NFS makes no commitment to update such content.  NFS does not and cannot guarantee that the files available for downloading from the Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code with contaminating or destructive properties.  NFS does not warranty that the Site, software, content, or Services will be uninterrupted or error-free or that any defects in the Site, software, content, or Services will be corrected.

  1. Changes.

NFS may modify this Agreement at any time without notice by updating this posting.  By accessing the Site, you agree to be bound by any such revisions and should therefore periodically visit the Site to determine the then current terms and conditions of use to which you are bound.

13.       Digital Millennium Copyright Act.  

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the information specified below by email to jen@jenyocum.com or in writing to Jennifer Yocum, 5501 Twin Knolls Road, Suite 109, Columbia, MD 21045:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.

14.       Applicable Laws & Miscellaneous.

a.         If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. NFS’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NFS in writing.  This Agreement may be assigned in whole or in part by NFS.  This Agreement may not be assigned in any manner by you without the express, prior written consent of NFS.

b.         All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal law, not the law of conflicts, of the State of Maryland.  You agree that the Uniform Computer Information Transactions Act, Md. Code Ann., Commercial Law §22-101 et seq. (“UCITA”) shall not apply to this Agreement to the extent allowable by law.  The parties agree that NFS shall be entitled to the use of self-help, including electronic self-help, as those terms are defined in UCITA.      

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