THE ARSHA JYOTISH TERMS AND CONDITIONS OF USE

1. ACCEPTANCE OF TERMS

The ARSHA JYOTISH provides a collection of online resources, including classified ads, forums, and various products and services, (referred to hereafter as “the Service”) subject to the following Terms and Conditions of Use (“TCU”). By using the Service in any way, you are agreeing to comply with the TCU. In addition, when using particular services of The ARSHA JYOTISH, you agree to abide by any applicable posted guidelines for all services of The ARSHA JYOTISH, which may change from time to time.

Should you object to any term or condition of the TCU, any guidelines, or any subsequent modifications thereto or become dissatisfied with The ARSHA JYOTISH in any way, your only recourse is to immediately discontinue use of The ARSHA JYOTISH.

The ARSHA JYOTISH has the right, but is not obligated, to strictly enforce the TCU through self-help, community moderation, active investigation, litigation and prosecution.

• MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

• CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that The ARSHA JYOTISH does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, The ARSHA JYOTISH site and Content available through the Service may contain links to other websites, which are completely independent of The ARSHA JYOTISH. The ARSHA JYOTISH makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will The ARSHA JYOTISH be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that The ARSHA JYOTISH does not pre-screen or approve Content, but that The ARSHA JYOTISH shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Service, for violating the letter or spirit of the TCU or for any other reason.

You agree that The ARSHA JYOTISH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that The ARSHA JYOTISH is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release The ARSHA JYOTISH, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

• PRIVACY AND INFORMATION DISCLOSURE

The ARSHA JYOTISH is committed to respecting your privacy and recognizing your need for appropriate protection and management of personal information you share with us (the phrase “personal information” means any information by which you can be identified, such as your name, mailing address, email address, telephone number, etc.). The purpose of this privacy policy is to inform you what personal information we may collect from you and how we use such information. As part of our commitment to your privacy, The ARSHA JYOTISH does not retain any information for purposes of rental, sale or exchange with any other entity except as required for processing your transaction with us.

When you purchase on the website, all credit card transactions happen via Paypal. We do not store any credit card information you provide during purchase. We recommend that  you review  the privacy and security policies of Paypal   to determine how they handle information they may collect about you.

You have the ability to view or edit some of your Content online, by logging into the website and visiting your “My Account” profile page. If you remove information from your user profile, it is instantly removed. To request to correct or delete any or all of your Content that you have provided to us you may contact us at ms@jyotish.com .

You can always access your information online and you can request to have your information deleted at any time. You can also always unsubscribe from our newsletter by clicking the unsubscribe link at the bottom of each e-mail.

You further acknowledge and agree that The ARSHA JYOTISH may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, 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 the TCU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of The ARSHA JYOTISH, its users or the general public.

No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk. We urge you to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.

• CONDUCT

You agree not to post, email, or otherwise make available Content:

1. a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
2. b) that is pornographic;
3. c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. d) that violates federal, state, or local laws;
5. e) that impersonates any person or entity, including, but not limited to, an employee of The ARSHA JYOTISH, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
6. f) that includes personal or identifying information about another person without that person’s explicit consent;
7. g) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
8. h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
9. i) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
10. j) that includes links to commercial services or web sites, except as allowed in “services”;
11. k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law;
12. l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
13. m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

Additionally, you agree not to:

1. n) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by The ARSHA JYOTISH;
2. o) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
3. p) post the same item or service in more than one classified category or forum;
4. q) attempt to gain unauthorized access to The ARSHA JYOTISH’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service, or the The ARSHA JYOTISH site; or
5. r) use any form of automated device or computer program that enables the submission of postings on The ARSHA JYOTISH site without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
6. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to The ARSHA JYOTISH email addresses or through The ARSHA JYOTISH computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of The ARSHA JYOTISH computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

• PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The ARSHA JYOTISH. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The ARSHA JYOTISH, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell , or exploit for any commercial purposes, any aspect of the Service.

Although The ARSHA JYOTISH does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to The ARSHA JYOTISH an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant The ARSHA JYOTISH all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

• DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE ARSHA JYOTISH SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE ARSHA JYOTISH SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARSHA JYOTISH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ARSHA JYOTISH SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARSHA JYOTISH DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ARSHA JYOTISH SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE ARSHA JYOTISH SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ARSHA JYOTISH DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE ARSHA JYOTISH SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

• LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE ARSHA JYOTISH BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF THE ARSHA JYOTISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ARSHA JYOTISH SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ARSHA JYOTISH SITE OR THE SERVICE, FROM INABILITY TO USE THE ARSHA JYOTISH SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ARSHA JYOTISH SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ARSHA JYOTISH SITE OR THE SERVICE OR ANY LINKS ON THE ARSHA JYOTISH SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ARSHA JYOTISH SITE OR THE SERVICE OR ANY LINKS ON THE ARSHA JYOTISH SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

1. INDEMNITY

You agree to indemnify and hold The ARSHA JYOTISH, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TCU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

1. COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that “under penalty of perjury” you are the lawful copyright owner or are authorized to act on the owner’s behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this Site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Seehttp://www.copyright.gov/ for further information. Please note that there are penalties for false claims under the DMCA.

1. COOKIES

Our websites and/or our Service Providers’ websites use “cookies.” A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive.

Generally, we use cookies to remind us of who you are, estimate our audience size, assist our online merchants to track visits to and sales at our sites and to process your order, track your status if we have promotions, and/or analyze your visiting patterns. You can generally set your browser to not accept cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it.

To help analyze how you and other visitors navigate our websites, we use Google Analytics, which uses cookies. You can opt out from Google Analytics tracking via your browser privacy settings or by installing theGoogle Analytics Opt-out Add-on.

1. GENERAL INFORMATION

The TCU constitute the entire agreement between you and The ARSHA JYOTISH and govern your use of the Service, superceding any prior agreements between you and The ARSHA JYOTISH. The TCU and the relationship between you and The ARSHA JYOTISH shall be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions.The failure of The ARSHA JYOTISH to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

1. FEEDBACK

We welcome your questions and comments on this document or any aspect of the site. You may contact us by email ms@jyotish.com or write to us at Arsha Jyotish 651 Rte 115, Saylorsburg, PA, 18353, USA.