GOLDEN BEAM OF LIGHT, LLC AND WWW.ROSINEKUSHNICK.COM

TERMS OF USE

 

1. INFORMATION DISCLAIMER

The information contained on the Golden Beam of Light, LLC  (hereinafter “GBL”) and the www.RosineKushnick.com (“RK”) websites are for general information purposes only. The information is provided by GBL and RK and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, 
accuracy, reliability, suitability or availability with respect to the websites or the information, products, services, or related graphics contained on the websites for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

2. MEDICAL DISCLAIMER

GBL practitioners or authorized agents provide consultations and Innergetics, MJoy, and Matrix Energetics sessions as well as classes and workshops (together referred to as “Services”).

 

GBL and RK practitioners or authorized agents (and GBL and RK Services they provide) do not diagnose conditions nor do they prescribe or perform medical treatment, prescribe substances, nor interfere with the treatment of a licensed medical professional. Their advice and treatments/sessions do not take the place of medical care. It is recommended that you see a licensed physician or licensed health care professional for any physical or psychological ailment you may have. Their advice, treatments, sessions and other Services can complement any medical or psychological care. 

 

GBL and RK make no projections or estimates as to how well you will do or the level of success you might achieve by using the information and strategies covered in your consultations or sessions or any Services provided by GBL providers or authorized agents.

All clients seeking treatment and Services do so with full awareness and complete understanding of the above information.

3. ACCEPTANCE OF TERMS

GBL makes the Site, all associated site materials available for Your access and use subject and any of their Services to Your compliance with these Terms of Service. These Terms of Service (hereinafter, the “Agreement”) constitute a legally binding agreement by and between GBL AND RK and You (“You” or “Your”) concerning Your use of the Site and all Services and materials available through the Site, including all information, data, e-mail or other communications, downloadable materials, files, text, images, products, reports or other Content made available or enabled via this Site by GBL AND RK or any third party (collectively, “Site Materials”).

 

By accessing or using the Site in any manner, including using any Site Materials, or availing yourself to any GBL AND RK Services You agree to and are bound by this Agreement. By accessing or using the Sites or GBL AND RK Services, including any Site Materials, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and GBL AND RK’s Privacy Policy (the “Privacy Policy”), which is incorporated herein by reference and made part of this Agreement. 

 

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND CEASE USING THE SITE MATERIALS OR ANY OF THE SERVICES AVAILABLE THROUGH THIS SITE.

 

GBL AND RK reserve the right, at their sole discretion, to change these Terms of Use from time to time, and your access to the Web Site will be deemed to be your acceptance of, and agreement, to any such changed terms and conditions.

4. PRIVACY POLICY

GBL AND RK know that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy, which is part of this Agreement.

 

5. CONTENT

By using the Sites, the Site Materials, Content, and any of Services provided by GBL AND RK, You expressly agree that You will not use any information therein in place of information or advice given to you by professional providers. If You are facing serious problems-including, but not limited to chronic illness, mental instability, legal issues, or serious financial issues-You should consult a registered health care or legal or financial professional, as applicable, as soon as possible.

 

6. PERMISSION TO USE THE SITE

BY USING THE SITE AND ACCESSING THE SITE MATERIALS, THE CONTENT OR GBL AND RK SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE OF THE AGE OF LEGAL MAJORITY IN THE JURISDICTION OF YOUR RESIDENCE AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. GBL AND RK MAY IN THEIR DISCRETION REFUSE PERMISSION TO ACCESS AND USE THE SITE OR THEIR SERVICES.

 

7. CONSENT TO RECEIVE EMAIL

By submitting Your email address to GBL AND RK, You consent to receive periodic email communications from the Site concerning their products and Services. You may opt-out of receiving email communications at any time by communicating your request to GBL AND RK.

 

8. THIRD PARTY LINKS

You may find links to third party sites or resources on this Site. You acknowledge and agree that GBL AND RK are not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any damages resulting from use or transactions related to such sites or resources.

 

9. OWNERSHIP AND PERMITTED USES

The Site, and all Content and other elements available on or through the Site, are the property of GBL AND RK and/or their Content providers. Your use of the Site does not transfer to You any ownership or other rights in the Site or their Content. The Site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of GBL AND RK.

 

10. COPYRIGHTS AND TRADEMARK NOTICE

“GBL AND RK” Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations GBL AND RK use in connection with GBL AND RK’s products and services. You may not remove or alter any GBL AND RK’s Trademarks, or co-brand your own products or material with GBL AND RK’s Trademarks, without GBL AND RK’s written consent. You acknowledge the GBL AND RK’s rights in GBL AND RK’s Trademarks and agree that any use of GBL AND RK’s Trademarks by You shall inure to the GBL AND RK’s sole benefit. You agree not to incorporate any of the GBL AND RK’s Trademarks into your trademarks, service marks, GBL AND RK’s names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. 

 

11. INDEMNITY

You agree to defend, indemnify and hold GBL AND RK and their officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives (collectively, the “Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees and other legal costs and fees arising out of or relating to (a) Your breach of the Agreement, (b) Your access to our use of the Site, the Site Materials, and/or the Content, (c) Your provision to the Indemnified Parties of information or other data and/or (d) Your violation of any rights of any third party based on or related to Your use of the Site.

12. MODIFICATION OF THE AGREEMENT AND PRIVACY POLICY

The laws, rules and regulations pertaining to Internet content change frequently. Accordingly, GBL AND RK RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AND/OR THE PRIVACY POLICY AT ANY TIME. GBL AND RK reserve the right at any time to modify, suspend or terminate the Site (or any portion of it), and/or Your use of or access to the Site, and/or the Content with or without notice. GBL AND RK will not be liable to You or any third-party for any modification, suspension, or termination of the Site.

IT IS YOUR RESPONSIBILITY TO REVIEW THE AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITES AND CEASE USING THE SERVICES.

13. WARRANTY DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL INFORMATION AND CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. GBL AND RK DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GBL AND RK MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITES.

 

GBL AND RK MAKE NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM GBL AND RK, WHETHER OBTAINED THROUGH THE SITE OR THROUGH THE USE OF GBL AND RK SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.

 

14. LIABILITY LIMITATION

TO THE FULL EXTENT PERMITTED BY LAW, GBL AND RK ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF GBL AND RK HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT RESULTING FROM ANY DATA, INFORMATION OR CONTENT OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

 

15. DISCLAIMER OF WARRANTY; LIMITATIONS

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GBL AND RK OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE WEBSITES, THE WEB SERVICES, GBL AND RK’s SERVICES OR ANY PORTION THEREOF, EVEN IF GBL AND RK OR GBL AND RK’ AUTHORIZED REPRESENTATIVE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

IF YOU USE OF THE WEBSITES, THE WEB SERVICES OR GBL AND RK SERVICES YOU ASSUME ANY AND ALL COSTS ASSOCIATE WITH SUCH USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

 

UNDER NO CIRCUMSTANCES ARE GBL AND RK, THEIR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT. 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GBL AND RK’s WEBSITES OR SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GBL AND RK’s WEBSITES AND SERVICES.

16. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that Your use of the Site, the Site Materials, and the Content will be in accordance with the Agreement and any other policies of GBL AND RK, as well as any applicable laws or regulations

17. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. GBL AND RK shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to GBL AND RK. You agree that any notice received from GBL AND RK electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH GBL AND RK ARE ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY GBL AND RK OF AN EMAIL TO THAT ADDRESS. 

 

18. FORCE MAJEURE

You acknowledge and understand that if GBL AND RK are unable to provide any of their Services as a result of a force majeure event GBL AND RK will not be in breach of any of their obligations towards You under this Agreement. A force majeure event means any event beyond the control of GBL AND RK. In the event GBL AND RK are affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of their inability to perform or delay in performing their obligations, on a reasonable efforts basis. GBL AND RK SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

 

19. NO WAIVER OF RIGHTS

GBL AND RK’s failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by it as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

 

20. MISCELLANEOUS

This Agreement in all respects shall be governed by and construed according to the laws of the State of Vermont to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.

 

Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.

 

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.

 

This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

 

This Agreement may be amended by GBL AND RK at any time and without notice, but only by amending this Agreement as posted on the websites, unless otherwise agreed to in a writing signed by both of us.

 

Any amendments will become effective immediately after being posted on the websites. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.

 

You agree that your continued use of our Websites, products or Services after that date will constitute your consent and acceptance of any amendment.