TERMS AND CONDITIONS OF USE AGREEMENT
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. BY SELF-REGISTERING FOR A MEMBERSHIP ONLINE OR REGISTERING FOR A MEMBERSHIP THROUGH A CUSTOMER SERVICE AGENT, YOU AGREE WITH ALL TERMS SET FORTH IN THIS AGREEMENT. If MeetYourPsychic.com becomes aware that anyone under the age of 18 seeks to conduct a transaction through the Services, MeetYourPsychic.com will terminate that person’s account and restrict that person from accessing the Site.
ATTENTION! THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. MEETYOURPSYCHIC.COM PROVIDES TECHNOLOGY TO CONNECT YOU TO PSYCHIC ADVISORS. YOUR PURCHASED SERVICE IS SOLELY WITH THE ADVISOR, WHO IS AN INDEPENDENT CONTRACTOR, WHO IS NOT AN EMPLOYEE OR AGENT OF MEETYOURPSYCHIC.COM
MEETYOURPSYCHIC.COM does not refer, endorse, recommend, verify, evaluate or guarantee any OF THE OPINIONS, advice, information, AND/or other PRODUCTS OR services provided by ADVISORS, and nothing COMMUNICATED VERBALLY, THROUGH ADVERTISEMENT OR IN WRITING shall be considered as a referral, endorsement, recommendation or guarantee of any ADVISOR BY MEETYOURPSYCHIC.COM. By using the services offered by MeetYourPsychic.com, you agree to these terms and conditions. You further agree that this is the entire agreement between MeetYourPsychic.com and you, the member. You also agree that this Agreement supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings whether written or oral, with respect to the subject matter of 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 or updates. The terms and conditions of this agreement are not affected by our advisors as they have no ability to alter this agreement. By your continued use of the website and/or MeetYourPsychic.com’s services you fully accept all of the terms and conditions set forth in this agreement.
DISCUSSIONS/advice REGARDING MEDICAL HEALTH, MENTAL HEALTH
THE OPINIONS, ADVICE AND INFORMATION ARE NOT INTENDED TO BE USED AS, AND WILL NOT SERVE AS A SUBSTITUTE FOR, PROFESSIONAL SEXUAL, PSYCHOLOGICAL OR MEDICAL COUNSELING. YOU SHOULD CONSULT A SEXUAL, PSYCHOLOGICAL OR MEDICAL PROFESSIONAL FOR ADVICE OR TREATMENT REGARDING ANY SEXUAL, PSYCHOLOGICAL OR MEDICAL CONCERNS. MEETYOURPSYCHIC.COM does not AND WILL NOT warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by its ADVISORS or any advice provided, including any information contained in any ADVISOR listing OR blog. MEETYOURPSYCHIC.COM WILL not be liable for any damages sustained due to reliance by Member on such information or advice provided by any ADVISOR.
If YOU THE MEMBER, CHOOSES TO DISCUSS ANY TOPIC CONCERNING MEDICAL OR HEALTH ISSUES, YOUR DISCUSSION is strictly with THAT ADVISOR (AS WITH ALL ADVISORS). MEETYOURPSYCHIC.com is not RESPONSIBLE FOR, OR INVOLVED in any way, AS TO THE substance of THE relationship, advice or information given therein.
MEETYOURPSYCHIC.COM strongly recommends that ANYONE seeking advice FOR mental health or medical ISSUES make an appointment for an examination with qualified professionals.
IF YOU ARE HAVING SUICIDAL THOUGHTS OR FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER FOR YOUR AREA) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES FOR HELP.
MeetYourPsychic.com allows Members the opportunity to interact with Psychic Advisors specializing in many areas, including love and romance, career and personal goals, dream analysis, tarot, numerology, I-ching, pet psychics and more. Registered Members may speak with psychics via telephone, chat text or email. Registered members may obtain free daily horoscopes, free membership to our Psychic Cash Rewards Program, free blogs, special discounts and other information on the website.
NOTICE AND CONSENT FOR MEET YOUR PSYCHIC TO RECORD ALL INBOUND AND OUTBOUND CALLS
By (you) calling our toll-free number, calling through the website technology or being transferred to our psychic advisors or any other extension or employee within our phone system, you fully consent, allow and agree for Meet Your Psychic to record, review and listen to calls for customer satisfaction, fraud prevention, or any other operational need deemed appropriate by company.
BECOMING A FREE MEMBER
To become a free member of MeetYourPsychic.com you must provide the following information: 1) Your first name; 2) selection of personal password and username; 3) Valid Email address. You will be given the opportunity at signup to Opt IN or Opt OUT of MeetYourPsychic.com's email marketing and promotions. If a Member chooses to initially Opt IN, they may later Opt OUT at any time by clicking on the Opt OUT notification contained within out promotional emails. Please allow up to seven days for processing. If you require assistance with Opting OUT of email marketing, please contact CUSTOMER SERVICE. No credit card is required to access our website, view free daily horoscopes, and obtain free membership to our Psychic Cash Rewards Program. However, free members cannot obtain psychic services from MeetYourPsychic.com.
At the time of initial registration, you will be emailed a username and password. It is your responsibility to keep any personal information confidential. MeetYourPsychic.com will not release passwords for any reason, except to the applicable member to whom it belongs, except in the event this data may be specifically required by law or court order.
Your account is non-transferable. You further acknowledge that you will not authorize and/or permit others to use your account. You agree that you are responsible for any and all charges resulting from the use of your account, even after your account is terminated. All accounts must be the name of user, and multiple accounts or attempts to receive multiple new customer specials (one per member), will result in permeant banning from access to website. We also reserve the right to bill Member for all payments due from this fraudulent action. In addition, we reserve the right to block phone numbers, block IP addresses and accounts. You will immediately notify MeetYourPsychic.com of any unauthorized use of Member's password, e-mail, or any other breach of security. MeetYourPsychic.com encourages Members to change their password/username at least once a month. MeetYourPsychic.com will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by MeetYourPsychic.com due to someone else’s use of your account or password/username.
BECOMING A FREE MEMBER USING FACEBOOK
BECOMING A REGISTERED MEMBER
To become a registered member of MeetYourPsychic.com you must provide the following additional information: 1) your true full name; 2) billing address and 3) phone number.
PAYING FOR SERVICES AND PRODUCTS
To obtain access to the paid services and products offered by MeetYourPsychic.com, you must supply us with the following information each time a purchase is requested by Member: 1) a valid credit card number with expiration date; 2) your billing address; 3) security code. This information will be collectively referred to as “payment information”. By providing us with this payment information, you agree and represent that the information is true, accurate, current, and complete and that you are authorized to use it. What does MeetYourPsychic.com consider a “valid” credit card? A credit card is considered “valid” when after verification, all information (Name, Address, Card Number, Expiration Date and Security Code) matches the issuing bank database and there is an available charge balance equal to the amount you are requesting to purchase from the site.
PAYMENT, ONLINE ACCOUNTS, CREDIT CARD TERMS, BILLING OF SERVICES
Payments to MeetYourPsychic.com will appear on your credit card statement as 8779877792MEETYOURPSYCHIC.
ATTENTION! COSTS ASSESSED TO USER OF SERVICE DURING THE COLLECTION OF DEBT
It is our goal to investigate billing issues in a timely manner. You give the company express permission to be contacted by the Meet Your Psychic Fruad Department by phone or email.
Disputing a charge (also called ‘charge-back’) without contacting the merchant first is treated as credit card fraud. Both the credit card and the holder details (name, address, IP address, e-mail address) will be blacklisted and reported to the issuing Credit Card Company (Fraud Division) and FBI (Credit Card Fraud Division). That is why we would strongly recommend contacting our support team with whatever issues you might be experiencing.
Any unpaid balances due to chargebacks, fraudulent use of our payment portal, coupon system, website or refusal to pay by user for any reason after the service was provided, will be assessed additional fees fined to the Member. In addition, we reserve the right to contract collection agency or chargback management firm in the collection of unpaid debt. If collection agencies are required to reclaim debt, the following cost will be submitted for collection: 1. $40.00 per group mailing notification of debt collection to user. 2. All chargeback fees incurred by company from user’s credit card issuer ($30.00 per disputed charge). 2. A company administration fee of $50.00 per collection agency submission. 3. Total balance of disputed or unpaid services received.
Lawsuits / Court Claims: Meet Your Psychic also reserves the right and may attach the following costs incurred by company including, but not limited to contractor pay, administrative costs, legal fees, court costs or any other costs or damages incurred.
ATTENTION! All Members are bound by the following conditions:
1. Any member’s Psychic Cash account that remains inactive for a period of 12 months (no login to website via online password) will be considered abandoned and their account will be cancelled. Any Member's Psychic Cash will be forfeited and become property of MeetYourPsychic.com. Forfeited funds will not be refunded under any circumstances.
2. Any Member may cancel their account at any time. Members may complete this task by contacting Customer Service with that request. Regardless of account closure, all personal information, payment information, emails and data will be forever stored on our system.
3. Any member that violates our MEMBERS REQUIRED CONDUCT AND DISCLOSURES STATEMENT will be immediately and forever banned from our system.
4. Psychic Cash Rewards carry NO cash value, cannot be refunded or transferred. For more information, refer to POLICIES REGARDING PSYCHIC CASH PROGRAM.
HOW DOES THE PSYCHIC CASH REWARD PROGRAM WORK?
Following registering for MeetYourPsychic.com’s free Member account, Members will be automatically enrolled in our Psychic Cash Rewards Program. This program rewards the member for utilizing services provided by Advisors or other products available within our website. Every time you pay for a purchase a “Psychic Cash Reward” of 3% will be added to your rewards account. Member must have a minimum of $10.00 in their account to redeem a coupon and the maximum single withdrawal is $10.00 per purchase.
COST OF SERVICES
CUSTOMER SATISFACTION GUARANTEE POLICY AND CONDITIONS
For the most up to date policies, please visit our customer satisfaction guarantee found online here: https://meetyourpsychic.com/our-guarantee
MEMBERS REQUIRED CONDUCT AND DISCLOSURE STATEMENT
You warrant and declare that while using MeetYourPsychic.com you will act according to the following rules and agree to the following:
Member will be solely and fully liable for all conduct, postings and transmissions that are made under its user name and password.
Member will have the sole responsibility to verify the Advisor’s identity, credentials, qualifications, biographic information, licenses held, including any and all information delivered to Member by an Advisor.
Member agrees, all interactions between Member and Advisor will be billed through MeetYourPsychic.com.
Member agrees that any information or content that he or she posts or transmits or receives through MeetYourPsychic.com will NOT be considered confidential.
Member agrees to having no rights (including moral rights) in and to the material member posts and grants MeetYourPsychic.com an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
Member will not upload or email: (a) any unlawful, harassing, libelous, privacy invading, vulgar, abusive, threatening, defamatory, racist, or harmful material through the Site.
Member may not falsely state, impersonate or otherwise misrepresent your identity or your affiliations with a person or entity, past or present.
Member agrees that you will not stalk, threaten or harass agents of MeetYourPsychic.com, Advisors or other Members or infringe upon or attempt to infringe upon their privacy.
MeetYourPsychic.com may review the Member’s personal profile and amend any typing or spelling errors. MeetYourPsychic.com cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, MeetYourPsychic.com may refuse to post, transmit or remove any content in which the Member uploads to the Site. Without derogating from the above, MeetYourPsychic.com may remove any content violating this Agreement and the Member will assume all risks associated with the uploading and transmitting of any material while utilizing MeetYourPsychic.com, to include the reliance on its accuracy, as well as its reliability or legality.
Member will not attempt to gain unauthorized access to any other computer system or network that is connected to the Site. Member will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings.
Member will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, crude, obscene, racist, damaging, or otherwise distasteful material of any kind.
Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or other ethical code.
Member will not upload, post, e-mail, transmit or make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, worms, Trojan horses, or any malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
Member will not take any actions that may undermine, disrupt or influence the integrity of the Member feedback (rating) system on the Site. MeetYourPsychic.com also reserves the right to exclude, without explanation or exception any rating or review.
Member will not to disrupt or interfere with MeetYourPsychic.com servers or networks connected to this Site.
Member will not violate or breach this Agreement or any other pertinent directives conveyed by MeetYourPsychic.com.
NON-DISPARAGEMENT - The Company has internal procedures for complaints and disputes to be addressed and resolved. You (the Member) agree that you will not (nor will you cause or cooperate with others to) publicly criticize, ridicule, disparage or defame the Company or its products, services, policies, directors, officers, shareholders, or employees, with or through any written or oral statement or image (including, but not limited to, any statements made via websites, blogs, postings to the internet, or emails and whether or not they are made anonymously or through the use of a pseudonym). You agree to provide full cooperation and assistance in assisting the Company to investigate such statements if the Company reasonably believes that you are the source of the statements. The foregoing does not apply to statutorily privileged statements made to governmental or law enforcement agencies. If Member chooses to ignore this agreed clause or ignore Company's attempt to reach Member to remove such postings, the Company may (at its sole discretion) fine Member $3500.00 per occurrence. The term of this clause continues 12 months beyond the Member's last purchase on the site.
MeetYourPsychic.com is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in MeetYourPsychic.com and in any application, software, graphics, text as well as other materials used therein, including but not limited to the organization and selection of the materials contained therein.
MeetYourPsychic.com contains copyrighted material, trade secrets and proprietary information owned by MeetYourPsychic.com. This Agreement will not grant any Member any rights to the company’s patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses as it is in respect of MeetYourPsychic.com. The Member will in no way create plagiaristic software based upon any trade secret, intellectual property or proprietary information of MeetYourPsychic.com. Moreover, the Member may not, as it pertains to MeetYourPsychihc.com, sub-license, assign, transfer, sell or make any other commercial use of membership.
The Member is not allowed to adapt or use any trademark or trade name, domain name similar to or easily confused with that of MeetYourPsychic.com, nor is the Member allowed to take any other kind of action that could infringe upon or impair MeetYourPsychic.com’s trademark rights.
MeetYourPsychic.com shall, as it is its right to, retain complete ownership in and to MeetYourPsychic.com and all content displayed on MeetYourPsychic.com, including but not limited to copies of data transferred or received by Member through the Site.
MeetYourPsychic.com respects the intellectual property rights of others, and we ask our Members to do the same accordingly.
MeetYourPsychic.com may, in appropriate circumstances as well as at its own discretion, terminate the accounts of or access of users who infringe upon the intellectual property rights of others.
If you believe your work has been copied in such a way as to constitute copyright infringement, provide MeetYourPsychic.com’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description in sufficient detail of the copyrighted work that you claim has been infringed, to include the location where the copyrighted work exists or a copy of the copyrighted work will suffice in lieu of web address.
3. The location and description of claimed infringement work to be found, to include Site location and URL web address.
4. Your mailing address, telephone contact number, and primary email address.
5. A statement by you that you have a good faith to believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is true and accurate to the best of your knowledge, that you are the copyright owner or authorized to act on the copyright owner's behalf.
MeetYourPsychic.com Copyright Agent for Notice of claims of copyright infringement can be reached as follows.
MeetYourPsychic.com makes no claim as to the appropriateness of the content of this Site as nor does it claim the content is appropriate to be downloaded outside the United States. If you access the Site from any location outside of the United States then you do so knowing you are doing so at your own risk and you are responsible for and will be accountable to compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
MeetYourPsychic.com grants Member’s a limited license to access and make personal use of this Site. Such license does not, however, permit you to download or modify this Site or any portion thereof. This license does not include any resale or commercial use of this Site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this Site or its use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MeetYourPsychic.com. You may not use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page) without MeetYourPsychic.com’s express written consent. You may not use any meta-tags or any other "hidden text" utilizing MeetYourPsychic.com’s name or trademarks without the express written consent of MeetYourPsychic.com. Any unauthorized use terminates the limited license granted by MeetYourPsychic.com to you and subjects you to any and all criminal and/or civil liability arising there from. MeetYourPsychic.com reserves any rights not explicitly granted in this Agreement.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT MEETYOURPSYCHIC.COM AND ITS SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT LIABILITY, 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, MEETYOURPSYCHIC.COM DISCLAIMS ANY AND ALL WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE PROVIDED. TO THE FULLEST EXTENT PERMITTED BY LAW, MEETYOURPSYCHIC.COM DISCLAIMS ANY AND ALL WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY AND ALL LINKS PROVIDED ON THE SITE, AND FOR ANY AND ALL ADVICE OR INFORMATION RECEIVED THROUGH AND BY THE SITE OR THROUGH ANY AND ALL LINKS PROVIDED ON THE SITE. MEETYOURPSYCHIC.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEETYOURPSYCHIC.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED AS A RESULT OF THE SERVICES OR SERVICE. MEETYOURPSYCHIC.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, INCLUDING BUT NOT LIMITED TO THE DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED SETTINGS.
ALTHOUGH THE MEETYOURPSYCHIC.COM STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, MEETYOURPSYCHIC.COM DOES NOT MAKE ANY GUARANTEE THAT THIS SITE IS FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICE, TROJAN-HORSES, ROUTINGS, OR ANY OTHER HARMFUL AND DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. MEETYOURPSYCHIC.COM DOES NOT HOLD ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM.
NO ADVICE OR READING, WHETHER SPOKEN OR WRITTEN, THAT HAS BEEN OBTAINED BY A MEMBER FROM MEETYOURPSYCHIC.COM OR THROUGH USE OF ITS SERVICES, SHALL CREATE ANY EXPECTATION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN PARTICULAR BUT NOT LIMITED TO, MEETYOURPSYCHIC.COM FURTHER MAKES NO WARRANTY THAT 1) THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; 2) THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. MEETYOURPSYCHIC.COM WILL NOT BE HELD LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET OR TELEPHONE CONNECTION AND/OR ANY AND ALL SERVICES PURCHASED ON OR VIA THE WEBSITE AND/OR TELEPHONE. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES. THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO DEFEND INDEMNIFY, AND HOLD HARMLESS MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS SITE FROM ANY AND ALL CLAIMS, ACTIONS, COSTS, EXPENSES, OR DEMANDS, INCLUDING BUT NOT LIMITED TO ANY SETTLEMENT AND/OR ATTORNEY’S FEES, RESULTING FROM YOUR USE OF THE SITE AND ITS SERVICES WHETHER VIA THE INTERNET OR TELEPHONE AND ANY CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THIS SITE, YOUR USE OF SERVICE AND ANY ADVICE OR INFORMATION OBTAINED THEREBY, YOUR VIOLATION OF THIS AGREEMENT, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR TERMINATION OF YOUR ACCESS TO THE SITE AND/OR SERVICES OTHERWISE ARISING OUT OF YOUR USE OF THIS SITE IN ANY MANNER.
MEETYOURPSYCHIC SHALL NOT BE LIABLE TO ANY MEMBER ON ACCOUNT, WHETHER OR NOT AUTHORIZED, THE PROPER OR MISUSE OF AND RELIANCE ON THE SERVICE WE PROVIDE TO YOU. INDEMNIFICATION IS SUCH THAT IT SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MEETYOURPSYCHIC.COM, ITS PARENTS, AFFILIATES, LICENSORS, SUBSIDIEARIES, AND ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). INDEMNIFICATION SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE FROM USE OR MISUSE AND/OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR WHETHER IT COMES FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE TO INCLUDE SUCH DAMAGES HAVING BEEN INCURRED BY A THIRD PARTY. SUCH INDEMNIFICATION WILL APPLY IN REGARDS TO DAMAGES HAVING BEEN INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS WHICH HAVE BEEN PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH INDEMNIFICATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH INDEMNIFICATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, MEETYOURPSYCHIC.COM, TO INCLUDE ANY SERVICE, WHETHER PROVIDED BY INTERNET OR TELEPHONE. SUCH INDEMNIFICATION SHALL APPLY NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL MEETYOURPSYCHIC.COM, ITS PARENTS, AFFILIATES SUBSIDIEARIES, OR ITS LICENSORS BE HELD LIABLE IN ANY WAY FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACT OF TERRORISM GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. IN JURISDICTIONS THAT DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
You agree that MeetYourPsychic.com may, in its sole discretion, without prior notice to you, terminate your use of its services and remove and discard any Content and Submissions within the Service in any manner for any reason or for no reason at all. You further agree that MeetYourPsychic.com is not, and will not be, liable to you or to any other third party for termination of your ability to access the website or other services. Use of the Service is subject to the Terms and Conditions of Use. You acknowledge and agree that MEETYOURPSYCHIC.COM may terminate, block or prevent future access to any portion of the Site and/or Service should you fail to comply with the Terms and Conditions of Use or any other guidelines and rules published by MEETYOURPSYCHIC.COM. MEETYOURPSYCHIC.COM further reserves the right to terminate or suspend any Member’s access to MEETYOURPSYCHIC.COM or to any portion of the Service for any conduct that MEETYOURPSYCHIC.COM, in its sole discretion, believes is or may be directly or indirectly harmful to other users to MEETYOURPSYCHIC.COM or its parent, subsidiaries, affiliates, partners, members, officers, employees, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Non-termination is in no way an indication of a waiver under this or any other section nor can it be construed as an indication of a tacit consent or endorsement of any kind. If MEETYOURPSYCHIC.COM terminates or cancels your account at any time, MEETYOURPSYCHIC.COM will not be held liable or responsible to you and therefore will not refund any sum of amounts previously paid to including any and all unused pre-authorized funds (Psychic Cash) or Psychic Cash Rewards in your Member Authorized Online Account. You understand and agree that you may cancel your account at any time, as it is your sole right to do so.
Any attempt by any individual, whether or not a Free Member or Registered Member of MEETYOURPSYCHIC.COM, to damage, destroy, tamper with, vandalize this website and/or otherwise interfere with the operation of the Website and its Services, internet and telephone base, is a violation of criminal and civil law and MeetYourPsychic.com reserves the right to seek damages and will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Customer Support is available by email at Customer Service or at 1-877-987-7792 Ext 1
a) Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matters herein, and supersedes and replaces any prior agreements and understandings, whether oral or written between them with respect to such matters. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of both parties to this Agreement.
b) Title and Subtitles. The titles of the Sections and subsections of this Agreement and any exhibits are for the convenience of reference only and are not to be considered in construing this Agreement.
c) No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
d) Severability. If for any reason any provision of this Agreement shall be determined to be invalid or inoperative, the validity and effect of the other provisions hereof shall not be affected thereby, provided that no such severability shall be effective if it causes a material detriment to any party.
e) Counterparts; Effectiveness: This Agreement may be executed in multiple counterparts, each of which, when solely executed, shall be deemed an original, but which counterparts together shall constitute one and the same instrument. A signature delivered via facsimile, email, or attachment to email shall be equally as effective as an original signature delivered in-person, by postal mail, or by any other means.
MANDATORY ARBITRATION PROVISION / CHOICE OF LAW AND VENUE
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Nevada (excluding any rules governing choice of laws). Any and all disputes arising out of this Agreement or the Services referenced herein shall be resolved by mediation, and if such mediation is unsuccessful, by binding arbitration under the auspices of, and pursuant to the commercial arbitration rules of, the American Arbitration Association. This Agreement will be binding and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between MeetYourPsychic.com and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by MeetYourPsychic.com with respect to the subject matter except as set forth herein. MeetYourPsychic.com services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
JURY TRAIL WAIVER
IN THE EVENT OF ANY LITIGATION ARISING OUT OF, IN CONNECTION WITH OR BY REASON OF THIS AGREEMENT, EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO TRAIL BY JURY IN SUCH ACTION.
In the event of default or breach by either party to this agreement and the necessity to initiate court action for the enforcement of any right hereunder or covenant herein, then, in such event, the prevailing Party in such action shall be entitled to recover from the non-prevailing Party all reasonable costs and expenses of bringing such action, including reasonable attorney’s and paralegal fees, at all investigative, pre-trail, and appellate levels.
IRREPARABLE INJURY AND INJUNCTIVE RELIEF
The parties acknowledge that compliance with this agreement is necessary to protect the goodwill and the proprietary interests of the Parties and that in a breach of this Agreement, a Party may be irreparably and continually harmed and may not be made whole by monetary damages or a law. Therefore, a Party, in addition to any other remedy to which it may be entitled, shall be entitled to immediate injunctive relief to prevent breaches or threatened breaches of this agreement and/or to compel specific performance of this agreement.
BINDING EFFECT AND ASSIGNABILITY
This Agreement shall bind, inure to the benefit of, and be enforceable the Parties, their successors and assigns, heirs, administrators, legal representatives, and executors. However, this Agreement may not be assigned or otherwise be either Party to third parties without the prior written consent of the other Party, other than to affiliates that have effective control over, or are effectively controlled by the assigning Party hereto with respect to the subject matter thereof.
No remedy herein conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any Party or any right, power or remedy hereunder shall preclude any other or further exercise thereof.
A waiver by a Party of a reach or failure to perform under this Agreement shall not constitute a waiver of any subsequent breach of failure.
Any notice required to be given hereunder shall be in writing any may be effected either by electronic mail notice and delivery. Electronic delivery shall be deemed communicated upon response by the other Party.
If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be illegal or otherwise unenforceable, the same shall not invalidate the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court’s opinions to render such term or provision enforceable, and the rights and the obligations of the parties shall be constructed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the Parties herein set forth.
Last Updated 9/12/16