Terms and Conditions
Terms and conditions of use
1.1 These terms and conditions shall govern your use of fiveelementsom.com.
1.2 By using fiveelementsom.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use fiveelementsom.com.
1.3 If you register with fiveelementsom.com, submit any material to fiveelementsom.com or use any of fiveelementsom.com services, fiveelementsom will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use fiveelementsom.com; and by using fiveelementsom.com or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Copyright notice
2.1 Copyright (c) 2015 Mark G. Devandara.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in fiveelementsom.com and the material on fiveelementsom.com; and
(b) all the copyright and other intellectual property rights in fiveelementsom.com and the material on fiveelementsom.com are reserved.
- Licence to use website
3.1 You may:
(a) view pages from fiveelementsom.com in a web browser;
(b) download pages from fiveelementsom.com for caching in a web browser;
(c) print pages from fiveelementsom.com;
(d) stream audio and video files from fiveelementsom.com; and
(e) use fiveelementsom.com services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from fiveelementsom.com or save any such material to your computer.
3.3 You may only use fiveelementsom.com for your own personal and business purposes, and you must not use fiveelementsom.com for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on fiveelementsom.com.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from fiveelementsom.com (including republication on another website);
(b) sell, rent or sub-license material from fiveelementsom.com;
(c) show any material from fiveelementsom.com in public;
(d) exploit material from fiveelementsom.com for a commercial purpose; or
(e) redistribute material from fiveelementsom.com.
3.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 Fiveelementsom reserve the right to restrict access to areas of fiveelementsom.com, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on fiveelementsom.com.
- Acceptable use
4.1 You must not:
(a) use fiveelementsom.com in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use fiveelementsom.com in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use fiveelementsom.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to fiveelementsom.com without our express written consent;
(e) access or otherwise interact with fiveelementsom.com using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for fiveelementsom.com; or
(g) use data collected from fiveelementsom.com for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from fiveelementsom.com to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through fiveelementsom.com, or in relation to fiveelementsom.com, is true, accurate, current, complete and non-misleading.
- Registration and accounts
5.1 To be eligible for an individual account on fiveelementsom.com under this Section 6, you must be at least 18 years of age.
5.2 You may register for an account with fiveelementsom.com by completing and submitting the account registration form on fiveelementsom.com, and clicking on the verification link in the email that the website will send to you.
5.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
- User IDs and passwords
6.1 If you register for an account with fiveelementsom.com, fiveelementsom will provide you with / you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on fiveelementsom.com arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
7.1 Fiveelementsom may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
7.2 You may cancel your account on fiveelementsom.com any time before the monthly due date by using your account control panel on the website.
- Your content: licence
8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or fiveelementsom.com for storage or publication on, processing by, or transmission via, fiveelementsom.com.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on fiveelementsom.com.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if fiveelementsom reasonably suspect that you have breached these terms and conditions in any way, fiveelementsom may delete, unpublish or edit any or all of your content.
- Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Limited warranties
10.1 Fiveelementsom do not warrant or represent:
(a) the completeness or accuracy of the information published on fiveelementsom.com;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 Fiveelementsom reserve the right to discontinue or alter any or all of fiveelementsom.com services, and to stop publishing fiveelementsom.com, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if fiveelementsom stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, fiveelementsom exclude all representations and warranties relating to the subject matter of these terms and conditions, fiveelementsom.com and the use of fiveelementsom.com.
- Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
11.3 To the extent that fiveelementsom.com and the information and services on fiveelementsom.com are provided free of charge, fiveelementsom will not be liable for any loss or damage of any nature.
11.4 Fiveelementsom will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 Fiveelementsom will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 Fiveelementsom will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 Fiveelementsom will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that fiveelementsom have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that fiveelementsom are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if fiveelementsom reasonably suspect that you have breached these terms and conditions in any way, fiveelementsom may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to fiveelementsom.com;
(c) permanently prohibit you from accessing fiveelementsom.com;
(d) block computers using your IP address from accessing fiveelementsom.com;
(e) contact any or all your internet service providers and request that they block your access to fiveelementsom.com;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on fiveelementsom.com.
12.2 Where fiveelementsom suspend or prohibit or block your access to fiveelementsom.com or a part of fiveelementsom.com, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 Fiveelementsom may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of fiveelementsom.com from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / Fiveelementsom will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of fiveelementsom.com from the date that fiveelementsom give you such notice; if you do not agree to the revised terms and conditions, you must stop using fiveelementsom.com.
13.3 If you have given your express agreement to these terms and conditions, fiveelementsom will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as fiveelementsom may specify, fiveelementsom will disable or delete your account on the website, and you must stop using the website.
14.1 You hereby agree that fiveelementsom may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
16.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
- Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with Florida law.
18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Florida.
- Statutory and regulatory disclosures
19.1 Fiveelementsom are registered in Non-profit Tax deductible, and our registration number is N14000007586.
19.2 Fiveelementsom subscribe to stripe payment processing.
19.3 Our EIN number is 47-1741699.
- Our details
20.1 This website is owned and operated by S Corp non-profit.
20.2 Fiveelementsom are registered in Florida under registration number N14000007586, and our registered office is at 404 NE 24th Ave, Pompano Beach,FL33062.
20.3 You can contact us by writing to the business address given above, by using fiveelementsom.com contact form, by email to [email protected] or by telephone on 1- 888-229-3209 & 954-900-9756.