Terms of Use

TERMS OF USE

Welcome to the Peacefulday.com web site. The products and services presented on our Website are provided subject to the following terms and conditions. If you visit the Site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully. 

PRIVACY

You should review the terms and conditions of our Privacy Policy, by which you also agree to be bound as a condition of visiting the Site or accessing any products or services offered on the Site. 

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing. If you do not wish to receive general marketing e-mail communications from Peacefulday.com, you may make such a request as explained in the Privacy Policy.

USE OF MESSAGE SERVICES

You agree not to use this Site to submit, transmit, or otherwise make available in any manner, including, but not limited to, sending a message card in conjunction with an order, any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of  any transmission you make containing content from this Site or relating to any content that you submit to this Site.

COPYRIGHT AND TRADEMARKS

All design, content and software on or relating to the Site and all Site materials, including, without limitation, data, images, sounds, music compositions, illustrations, designs, icons, photographs, video clips, software, text and other information (collectively, the "Contents"), are the property of  Peacefulday.com. Peacefulday.com retains title to all Content and it is protected by U.S. and international copyright, trademark,  and other intellectual property laws, or by this contract or notices, including robot exclusion headers and other technological measures. Trademarks appearing on the Site are the property of their respective owners. Trademarks appearing on the Site may not be used for any commercial or other purposes by any party other than Peacefulday.com or our affiliated companies without our prior written consent.

LICENSE AND SITE ACCESS

We grant you a limited, revocable, nonexclusive license to access and make personal, lawful use of this Site as our customer.  You may print or store for your personal records, copies of these Terms and of screens from the Site relevant to your order (if any) or other transaction. You may not otherwise download (other than page caching), copy, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, all or part of anything related to the Site, including Contents. This license does not include any resale or commercial use of this Site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another party; or any use of robots, spiders, scrapers or other automated means to access the Site or extract data. This Site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, sounds, text, page layout, or form) of  Peacefulday.com without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. You agree that you will not do or attempt to do any of the following without our express written permission: (1) do anything that might bypass or circumvent measures employed to prevent or limit access to any part of the Site or Content; (2) impose a significant burden (as determined by us) on our infrastructure; or (3) interfere with the ordinary operation or business of the Site.
Any use of this Site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. You may not use any Peacefulday.com logo or other proprietary graphic or trademark design as part of any link without our prior written permission.

REVIEWS, COMMENTS AND QUESTIONS

Visitors may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, toinfo@peacefulday.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.

PAYMENT AND PRICING

Only valid credit cards may be used for the ordering of subscriptions. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including sales tax ,if applicable, and any other amounts described on the Site before order submission) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. You agree to keep all card information current and that we may submit charges for processing even if the card has expired by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

All prices are subject to change without notice. You agree to make and keep a copy of records relating to your order such as your order confirmation page.

REFUNDS

All subscription sales are final. Should a disruption in service occur that renders the site inaccessible or inoperable for a period of more than eight (8) consecutive hours, and such disruption in service directly results from an error on the part of Peacefulday.com, each subscriber’s account will automatically be credited with the amount of time that the Site is inaccessible or inoperable in excess of the eight hour period.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE WARRANT THAT THE SUBSCRIPTION SERVICES PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS A CONFORMING REPLACEMENT SUBSCRIPTION. THIS SITE IS INTENDED FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY, AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS OR OUTCOMES AS A RESULT OF ITS USE. THE CONTENT OF THIS SITE IS NOT INTENDED TO, AND DOES NOT, CONSTIITUTE LEGAL, PROFESSIONAL, MEDICAL, OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL PEACEFULDAY.COM OR ANY OF ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF PEACEFULDAY.COM OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR  THE SITE AND INCLUDING BUT NOT LIMITED TO CONTENTS, SERVICES, USE, PERFORMANCE, OR THE LACK OF ANY OF THE FOREGOING.

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.

NOTICE FOR CALFORNIA USERS

Under California Civil Code Section 1789.3, California subscribers are entitled to the following information: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. St., 501, Sacramento, CA 95814 or by telephone at 1-916-445-1254 or 1-800-952-5210.

LINKS TO OTHER WEB SITES AND SERVICES

This Site may contain links to other websites. Peacefulday.com does not assume any responsibility for those sites, nor does it endorse or otherwise recommend such sites or the products or services they offer. Peacefulday.com provides the links solely for the convenience and information of its Site users.

APPLICABLE LAW

You agree that the laws of New York, U.S.A shall apply to all aspects of our Site and Contents, these Terms and Site transactions, without regard to conflict of laws. Any dispute related to any of the foregoing shall be resolved exclusively in the courts located in Suffolk County, New York.

ENTIRE AGREEMENT

These Terms, including any disclosures we make on the Site and any consents or agreements you provide during your visit, constitute the entire agreement between you and Peacefulday.com with respect to the Site, Contents and transactions. They also replace and supersede all other (prior or contemporaneous) communications in any medium between you and Peacefulday.com, including any previous terms on preliminary versions of our Site or affiliated sites, except for consents that you have previously provided. 

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.