Welcome to DavidLusch.com. We offer you our greatest love, peace and harmony. The following statements in this Conditions of Use policy may seem quite strong. This policy is necessitated by our operation in the physical world. Thank you for your understanding.
DavidLusch.com provides its services to you subject to the following conditions on this page. If you visit DavidLusch.com, you unconditionally accept and are bound by these Conditions of Use. Please read these conditions carefully.
In addition, when you use any current or future DavidLusch.com services (e.g., Testimonials, Events, Workshops or Retreats) or visit or purchase from any business affiliated with DavidLusch.com, whether or not included in the DavidLusch.com web site, you will also be subject to the conditions and guidelines applicable to such service or business. If these conditions are inconsistent with such conditions and guidelines, such conditions and guidelines will control.
By accepting these Conditions of Use through your use of the site, you certify that you are 18 years of age or older. If you are under 18 years of age, you may use this site only under the supervision of a parent or legal guardian who agrees to be bound by these Conditions of Use. DavidLusch.com does not intentionally collect personal information about children under the age of 18. If you are a parent or legal guardian agreeing to these Conditions of Use for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of this site, including all financial charges and legal liability that he or she may incur.
If you do not agree to or cannot comply with any of these conditions, do not use this site. All registration and other information provided must be accurate and truthful. Providing any inaccurate or untruthful information may constitute a breach of these Conditions of Use.
Electronic and Non-Electronic Communications
When you visit DavidLusch.com or send emails to us, you are electronically communicating with us. You consent to receive electronic communications from us. We will communicate with you via email or by posting notices on this site. You agree that all agreements, disclosures, notices and other electronic communications that we provide to you satisfy any legal requirement that such communications be in writing.
If you communicate with DavidLusch.com via telephone, fax or mail, then, you are communicating with us. Through these communications, you consent to receive electronic and non-electronic communications from us directly. We will communicate with you via email, posting notices on the site, telephone, fax or mail. You also agree that all agreements, disclosures, notices and other electronic and non-electronic communications to you satisfy any legal requirements that such communication be in writing.
All content included on this site, such as logos, graphics, text, images, digital downloads, audio clips, video clips, data compilations, button icons and software, is the property of DavidLusch.com or its content suppliers and protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, assembly and enhancement) of all content on this site is the exclusive property of DavidLusch.com and protected by United States and international copyright laws. All software used on this site is the property of DavidLusch.com or its software suppliers and protected by United States and international copyright laws.
References on this Site to any marks, names, products or services of third parties or hypertext links to third party sites or information are provided solely as a service to you and do not in any way constitute or imply DavidLusch.com's sponsorship, endorsement or recommendation of the third party, information, product or service. DavidLusch.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
License and Site Access
DavidLusch.com grants you a limited license to access and make personal use of this site and not to download, other than page caching, or modify it, or any portion of it, except with express written consent of DavidLusch.com. This license does not include any downloading or copying of account information for the benefit of another merchant; any commercial use or resale of this site or its contents; any collection and use of any product or service listings, descriptions or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be copied, duplicated, reproduced, sold, resold, visited or otherwise exploited for any purpose without express written consent of DavidLusch.com. You may not frame or utilize framing techniques to enclose any logo, trademark or other proprietary information (including images, text, page layout or form) of DavidLusch.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing DavidLusch.com's name or trademarks without the express written consent of DavidLusch.com. Any unauthorized use terminates the permission or license granted by DavidLusch.com.
Testimonials, Comments, Other Content and Communications
Visitors may submit testimonials; post comments and other content; send communications, suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, commercial solicitation, chain letters, political campaigning, mass mailings or any form of "spam". You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of a testimonial or other content. DavidLusch.com reserves the right, but not the obligation, to edit or remove such content.
If you do submit material or post content, and unless we indicate otherwise, you grant DavidLusch.com and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, publish, modify, adapt, reproduce, distribute, translate, create derivative works from and display such content throughout the world in any media. You grant DavidLusch.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the material or content that you submit or post; that the material or content is accurate; that use of the material or content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DavidLusch.com or its affiliates for all claims resulting from material or content you supply. DavidLusch.com has the right but not the obligation to monitor and edit or remove any activity, material or content. DavidLusch.com takes no responsibility and assumes no liability for any material or content submitted or posted by you or any third party.
In some instances, the content available through the DavidLusch.com site represents the opinions and judgments of the respective third party providing such content. DavidLusch.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the DavidLusch.com site by anyone other than DavidLusch.com. Under no circumstances shall DavidLusch.com or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the DavidLusch.com site. It is your responsibility to evaluate the information, opinion, advice or other content available through the DavidLusch.com site.
Product and Service Descriptions
DavidLusch.com and its affiliates attempt to be as accurate as possible. However, DavidLusch.com does not warrant that product or service descriptions or other content of this site are accurate, reliable, current, complete or error-free. If a product or service described by DavidLusch.com itself is not as described or to your satisfaction, please understand it is presented as is.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY DAVIDLUSCH.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAVIDLUSCH.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAVIDLUSCH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DAVIDLUSCH.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM DAVIDLUSCH.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAVIDLUSCH.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DIVINE BLESSINGS OR DIVINE DOWNLOADS CONTENT: ALL CONTENT, INCLUDING DIVINE BLESSINGS OR DIVINE DOWNLOADS INFORMATION PROVIDED IN THIS SITE IS FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED, AND SHOULD NOT BE USED, AS A SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL. IT MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DIVINE BLESSING OR DIVINE DOWNLOAD IS SAFE FOR YOU. ALWAYS CONSULT YOUR MEDICAL PROFESSIONAL REGARDING ANY MEDICAL CONDITION AND BEFORE RECEIVING ANY DIVINE BLESSING OR DIVINE DOWNLOAD. ADVANCE CONSULTATION WITH YOUR PHYSICIAN IS PARTICULARLY IMPORTANT IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD, PREGNANT, NURSING OR HAVE HEALTH PROBLEMS. THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU ACKNOWLEDGE BY YOUR USE OF THIS SITE THAT DAVIDLUSCH.COM AND ITS AFFILIATES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE, DAMAGE OR LOSS RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THIS SITE. YOUR USE OF THIS SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SITE.
By visiting DavidLusch.com, you agree that the laws of the State of California, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DavidLusch.com or its affiliates.
Any dispute relating in any way to your visit to DavidLusch.com or to products or services offered through DavidLusch.com shall be submitted to confidential arbitration in Alameda County, the State of California, United States of America, except that, to the extent you have in any manner violated or threatened to violate DavidLusch.com's intellectual property rights, DavidLusch.com may seek injunctive or other appropriate relief in any county or federal court in the State of California, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the law of the State of California, United States of America. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.
You agree to defend, indemnify and hold harmless DavidLusch.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site.
Site Policies, Modification and Severability
This agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Conditions of Use are for reference purposes only and in no way define or limit the scope of the section. The failure of DavidLusch.com to act with respect to a breach of this agreement by you or others does not constitute a waiver and shall not limit DavidLusch.com’s rights with respect to such breach or any subsequent breaches.