LAST EFFECTIVE UPDATE 6.18.20
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE IN THEIR ENTIRETY BEFORE USING MEETYOURPSYCHIC.COM. THESE TERMS AND CONDITIONS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, WAIVERS OF RIGHTS, AND YOUR INDEMNITY OBLIGATIONS.
NOT FOR USE IN CERTAIN JURISDICTIONS
For all users, if you are using the Site from outside the United States, please be aware that MeetYourPsychic.com is located in the United States. If you access MeetYourPsychic.com from outside the United States you do so at your own risk and are responsible for complying with the laws of your local jurisdiction.
USER AGE RESTRICTIONS
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 MEMBER CARE AGENT, YOU AGREE WITH ALL THE 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.
AMENDMENT OF TERMS
THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. MEETYOURPSYCHIC.COM PROVIDES THE TECHNOLOGY TO CONNECT YOU TO PSYCHIC ADVISORS AND THEIR RELATED SERVICES. YOUR PURCHASED SERVICE IS SOLELY WITH THE PSYCHIC ADVISOR, WHO IS AN INDEPENDENT CONTRACTOR, AND 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 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.
You further agree that this is the entire Agreement between MeetYourPsychic.com and you, the user. 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. The terms and conditions of this Agreement are not affected by the independent psychic advisors as they have no ability to alter this agreement.
NO PROFESSIONAL COUNSELING OR ADVICE PROVIDED
THE OPINIONS, ADVICE, BLOGS, NEWSLETTERS OR ADVERTISEMENTS AND INFORMATION PROVIDED BY 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE DURING SERVICES ARE NOT INTENDED TO BE USED AS, AND WILL NOT SERVE AS A SUBSTITUTE FOR PROFESSIONAL, LEGAL, TAX, FINANCIAL, SEXUAL, PSYCHOLOGICAL, MEDICAL OR FINANCIAL COUNSELING. YOU SHOULD CONSULT A LAWYER, TAX ADVISOR, FINANCIAL ADVISOR, SEXUAL, PSYCHOLOGICAL, OR MEDICAL PROFESSIONAL FOR ADVICE OR TREATMENT REGARDING ANY CONCERNS.
7TH LEVEL COMMUNICATIONS INC, 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 SITE, does not AND WILL NOT warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by the independent Advisors or any advice provided, including any information contained in any Advisor listing or blog.
7TH LEVEL COMMUNICATIONS INC, 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 SITE WILL not be liable for any damages sustained due to reliance by the receiver of such information or advice provided.
Any and all decisions that you make that are based in whole or in part upon information provided by the 7TH LEVEL COMMUNICATIONS INC, 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 SITE, will be your sole and exclusive responsibility.
IF YOU, THE USER, CHOOSES TO DISCUSS ANY TOPIC, YOUR DISCUSSION is strictly with THAT ADVISOR. 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, make an appointment with a qualified professional.
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, message or email. Registered members may obtain free daily horoscopes, free optional membership to our Psychic Cash Rewards Program, free blogs, special discounts and other information on the website.
MEMBER SATISFACTION GUARANTEE POLICY AND CONDITIONS
Trying our service for the first time? There is absolutely zero risk! If you don't love your first reading, it’s free.*
For returning members, we are happy to inform you that your experience with your Psychic may carry a 5 minute guarantee. If you are dissatisfied for any reason, we will credit back your first 5 minutes, so you may apply this credit to an alternate Psychic Advisor. Our guarantee will not apply to any Psychic which you have received a previous Psychic Cash credit.
- We do not offer Psychic Cash site credits for members whose accounts have been closed, or are not in good standing.
- We do not guarantee that your psychic's predictions will be accurate or come true.
- Recording and Transcript orders are final and do not offer a guarantee.
- No refunds shall be approved, beyond your first reading. This includes pre-funded, unused Psychic Cash.
- We reserve the right to investigate all issues of dissatisfaction. Only legitimate issues (solely determined by MeetYourPsychic), shall be considered for a Psychic Cash site credit.
*Refund requests for new members may require account closure.
About Psychic Cash: Services on the Site are redeemed through Psychic Cash, which serves as credit for services with MeetYourPsychic.com. To purchase services, you must first purchase Psychic Cash, which will be credited to your MeetYourPsychic.com Psychic Cash account. Psychic Cash can only be used to purchase services on the MeetYourPsychic.com website. Psychic Cash has no cash value and is not redeemable for cash except to the extent required by law. Psychic Cash never expires, but the Company reserves the right to assess service fees, maintenance fees, inactivity fees or other fees against the remaining balance of your Psychic Cash. To redeem your Psychic Cash for Site services, your account must be active and in good standing. The Company may, at any time and in its sole discretion, assign any obligations it may have with respect to Psychic Cash to an affiliate or third party, without recourse. In the event of any such assignment, you agree that such assignee, and not the Company, shall be solely liable to you with respect to any Psychic Cash credits in your account.
PSYCHIC CASH BALANCES ARE NOT REFUNDABLE TO THE ORIGINAL PAYMENT METHOD, OR ANY OTHER PAYMENT METHOD. (SITE CREDITS MAY BE APPLIED IN LIMITED INSTANCES EXPLAINED WITHIN OUR MEMBER SATISFACTION GUARANTEE), AND THEY MAY ONLY BE REDEEMED FOR SERVICES
NOTICE AND CONSENT FOR MEET YOUR PSYCHIC TO RECORD ALL INBOUND AND OUTBOUND CALLS.
By you, the user, utilizing 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 the company. In addition, members may purchase recordings of their psychic readings for a fee. Recordings shall be made available in your online account to stream, download or delete. Recordings will be deleted by MeetYourPsychic.com after 90 days. If a user account is closed for any reason, paid recordings shall become the property of the site and Meet Your Psychic will have no obligation to store or deliver to user such recordings, beyond the date of account closure.
In addition, MeetYourPsychic.com makes no guarantee in any way, that the recording will be of satisfaction to the user or the user will be able to play their purchased recordings on a specific device. MEETYOURPSYCHIC.COM DOES NOT GUARANTEE YOUR RECORDINGS WILL REMAIN PRIVATE. IF YOU HAVE PRIVACY CONCERNS REGARDING YOUR CONVERSATIONS, DO NOT USE MEETYOURPSYCHIC.COM.
BECOMING A FREE MEMBER / ASK A FREE QUESTION
No credit card is required to access our website, view free daily horoscopes, or obtain optional free membership to our Psychic Cash Rewards Program. However, free members cannot obtain psychic services from MeetYourPsychic.com. You may also "Ask a Free Question", from a portal found on our homepage. By submitting questions, you are simply organizing your thoughts prior to speaking with a psychic at the price per minute as currently posted within their profile. The option of "Asking a Free Question, in no way constitutes an offering of free websites services of any kind.
At the time of initial registration, you will be emailed a username, password, and PIN#. You agree to maintain the secrecy of your Account information, including your password (“Password”) and personal identification number (“PIN”), and to immediately notify the Company of any unauthorized use of your Account, Password or PIN, or any other breach of security. MeetYourPsychic.com will not release login credentials 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 closed. All accounts must be in the name of user, and multiple accounts or attempts to receive multiple new customer specials, may result in a permanent ban to our website and its services. We also reserve the right to bill you for all amounts due from any fraudulent actions. 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 your login information, email, or any other breach of security. MeetYourPsychic.com encourages Members to change their password 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. YOU and NOT MeetYourPsychic.com will be liable for any damages incurred resulting from false account or billing information you provide in connection with your Account.
BECOMING A FREE MEMBER USING FACEBOOK OR GOOGLE
BECOMING A REGISTERED MEMBER
To become a registered member of MeetYourPsychic.com you must provide the following additional information: 1. Your name as it appears on your credit card 2. Accurate billing address as registered with your banking institution and 3. Valid payment card information. All personal data, purchase history, emails and data connected to the service will be forever stored on our system.
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 an expiration date; 2) your correct billing address; 3) your correct expiration date and CVV 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. A credit card is considered “valid” when after verification, all information (Name registered with MeetYourPsychic.com, Address, Payment Card Number, Expiration Date and Security Code) matches the issuing bank database, and there is an available charge or debit balance equal to the amount you are requesting to purchase from the site.
PAYMENT, ONLINE ACCOUNTS, CREDIT CARD TERMS, BILLING OF SERVICES
You are solely responsible for quantity of services purchased through the Site and the cost of those services. MeetYourPsychic.com does not monitor spending patterns on the Site and it is your responsibility to decide the amount of time you wish to spend with a Psychic Advisor. You agree to pay for all Services purchased through your account. Payments to MeetYourPsychic.com will appear on your credit card statement as MYP ADVISOR FUNDINGS.
You agree to pay for all Services, including prepayment of services through the website’s virtual currency, also referred to as “Psychic Cash”. Charges for Psychic Readings (other than message and text questions) are calculated based on full-minute increments, and the length of your Psychic Reading is rounded up to the next full-minute at the end of each Reading. Charges for Psychic Readings by message and text question are calculated on a per-message or per text question basis. FOR ALL PURCHASES, YOU AGREE THAT YOU WILL USE ONLY CREDIT CARDS, GIFT CARDS, DEBIT CARDS, PAYPAL ACCOUNTS, OR OTHER PAYMENT SYSTEMS OR METHODS, FOR WHICH YOU ARE THE AUTHORIZED CARD OR ACCOUNT OWNER.
The costs for all services are clearly listed on MeetYourPsychic.com’s website. It is the Member’s sole responsibility to be aware of the cost of our services and not the responsibility of Member Care or website to provide such information. Costs or prices of MeetYourPsychic.com’s services may increase without notice. By using MeetYourPsychic.com’s services you agree to be bound by the sites pricing and billing practices. It is your sole responsibility to review the cost of requested services prior to purchase. MEETYOURPSYCHIC.COM WILL NOT BE RESPONSIBLE FOR ANY LACK OF KNOWLEDGE OF A PRICE INCREASE ON THE PART OF THE MEMBER AND REFUNDS WILL NOT BE AUTHORIZED. All charges are payable in US Dollars. FOR USERS ACCESSING THE SITE OUTSIDE OF THE UNITED STATES: MEETYOURPSYCHIC.COM WILL NOT BE RESPONSIBLE FOR ANY LACK OF KNOWLEDGE REGARDING CURRENT EXCHANGE RATES (WHICH MAY INCREASE OF DECREASE THE FINAL AMOUNT BILLED, WHICH IS OUTSIDE THE CONTROL OF MEETYOURPSYCHIC.COM).
YOU, AND NOT MeetYourPsychic.com, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases at the rates in effect when the charges were incurred. Unless you notify MeetYourPsychic.com of any discrepancies within thirty (30) days after they first appear on your credit card statement, you agree they will be deemed accepted by you for all purposes. If MeetYourPsychic.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MeetYourPsychic.com, or its agents.
NEW MEMBER SPECIAL RATES
New Member Specials are valid only for new members on their first purchase. There is a limit of one new member special per person, credit card, phone number, address, and email. Anyone who attempts to circumvent this restriction, may be banned from the site and be subject to financial penalty.
THE PURCHASE OF AND USE OF PSYCHIC CASH
Services on the Site are redeemed through Psychic Cash, which serves as credit for services with MeetYourPsychic.com. To purchase services, you must first purchase Psychic Cash, which will be credited to MeetYourPsychic.com Psychic Cash account. Psychic Cash can only be used to purchase services on the MeetYourPsychic.com website.
NO GUARANTEE OF SERVICE FOR QUEUED PHONE READINGS: Queued phone readings (requests to speak with an advisor when they are not immediately available) must be paid in advice and Psychic Cash will be held in reserve until claimed or canceled by a member. If a member elects to purchase additional services prior to claiming their queued phone reading(s), psychic cash held in reserve for queued readings will not be applied on these additional purchases. Queued phone readings ARE NOT an appointment. Due to the nature of Independent Contractors controlling their own work schedule, interaction, partnership and termination of such partnerships with the site, we cannot and WILL NOT guarantee that your SPECIFIC requested advisor will provide your requested service in (what is defined by the member) a “reasonable amount of time” , OR EVER .
DO NOT purchase queued phone readings if you have concerns regarding this policy. You are NOT required to accept your queued phone reading if your call is received at a time that is not appropriate. By rejecting this call, your Psychic Cash account will not be debited. You may then apply the pre-funded Psychic Cash for the same or different advisor at an alternate time. Furthermore, you may cancel any queued reading prior to receipt and apply the pre-funded psychic cash to the same or different advisor at an alternate time.
Psychic Cash has no cash value and is not redeemable for cash except to the extent required by law. Psychic Cash never expires, but the Company shall assess a $3.00 per 30 day, inactivity fee against any existing balance of pre-funded Psychic Cash, for any account that has not purchased a reading in 365 days. To redeem your Psychic Cash for Site services, your account must be active and in good standing.
The Company may, at any time and in its sole discretion, assign any obligations it may have with respect to Psychic Cash to an affiliate or third party, without recourse. In the event of any such assignment, you agree that such assignee, and not the Company, shall be solely liable to you with respect to any Psychic Cash credits in your account. PSYCHIC CASH BALANCES ARE NOT REFUNDABLE TO THE ORIGINAL PAYMENT METHOD, OR ANY OTHER PAYMENT METHOD. (SITE CREDITS MAY BE APPLIED IN LIMITED INSTANCES EXPLAINED WITHIN OUR MEMBER SATISFACTION GUARANTEE), AND THEY MAY ONLY BE REDEEMED FOR SERVICES. Psychic Cash will not expire.
PSYCHIC CASH REWARDS DISCOUNTS AND PROMOTIONS
Following your registration for your MeetYourPsychic.com free member account, you will have the option to enroll in our Psychic Cash Rewards Program. This program rewards the member for utilizing the services provided by our Psychics or other products or services available within our website. Each time you purchase a quantity of Psychic Cash, a reward of up to 4% will be added to your Psychic Cash rewards account. To redeem your rewards, you must have a minimum of $10.00 in your Psychic Cash Rewards account, and prefund your account through the "Buy Psychic Cash" page.
Psychic Cash Rewards carry NO CASH VALUE. MeetYourPsychic.com reserves the right to modify the terms of this program (or cancel the program and your earned rewards) at any time, without notice. Psychic Cash Rewards may only be used towards a pre-funding of Psychic Cash (not when purchasing a reading directly with an advisor). The maximum rewards that may be used at one time is $10.00. Psychic Cash Rewards, coupons, discounts and special offers are non-transferrable, valid for a limited period of time, can be used only once per customer, and may not be combined with any other coupon, discount or special offer.
MEETYOURPSYCHIC PSYCHIC TESTIMONIAL/REVIEW SYSTEM
All registered Members in good standing will have the opportunity to review their last purchase directly after their service, via SMS or from within their user account. The quality of the review is based on a "star" system: 1 star = poor. 5 stars = excellent. MeetYourPsychic.com will moderate all reviews prior to posting. MeetYourPsychic.com reserves the sole right and decision to approve or deny the publishing of any member submitted psychic reviews. In addition, MeetYourPsychic.com may post video reviews or testimonials which are offered by our members of the site or other sources.
By posting, submitting or uploading a review or testimonial, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said review and to prepare derivative works of, or incorporate into other works, said review, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting reviews or testimonials to MeetYourPsychic.com, you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the review by any party for any purpose. You acknowledge that by participating in any interactive area on this website, you are granting the Company the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to the Company, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
Each Member is solely responsible and liable for the contents of his or her review, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to refuse to post, remove, edit or move, at any time, any material posted, in each case as we deem appropriate.
RESOLVING BILLING ISSUES
It is our goal to investigate reported billing issues in a timely manner. You give the company express permission to be contacted by the MeetYourPsychic Fraud Department by phone, text or email.
DISPUTING A PAYMENT (ALSO CALLED A “CHARGEBACK”), WITHOUT CONTACTING THE MERCHANT FIRST WILL BE TREATED AS CREDIT CARD FRAUD. BOTH THE CREDIT CARD AND THE HOLDER DETAILS (NAME, ADDRESS, IP ADDRESS, EMAIL ADDRESS) MAY BE BLACKLISTED AND MAY BE REPORTED TO THE ISSUING CREDIT CARD COMPANY (FRAUD DIVISION) FBI (CREDIT CARD FRAUD DIVISION) AND YOUR LOCAL LAW ENFORCEMENT AGENCY. THIS IS WHY WE WOULD STRONGLY RECOMMEND CONTACTING MEMBER CARE WITH ISSUES YOU MAY BE EXPERIENCING.
If MeetYourPsychic.com incurs financial damages due to chargebacks, fraudulent use of our payment portal, coupon system, website or refusal to pay for any reason after the service has been completed or quantities of Psychic Cash purchased, you will be assessed additional fees and fines. In addition, we reserve the right to contact 3rd parties in the collection of financial damages. These collection fees BEGIN at $200.00 and are IN ADDITION to the total balance of disputed or unpaid services received or funded.
MeetYourPsychic.com also reserves the right and may attach the following costs incurred by the company, including but not limited to: contractor commissions, administrative costs, legal fees, or any other costs or damages incurred.
USERS REQUIRED CONDUCT AND DISCLOSURE STATEMENT
WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANY PERSON FOR ANY REASON. YOU WARRANT AND DECLARE THAT WHILE USING MEETYOURPSYCHIC.COM YOU WILL ACT ACCORDING TO THE FOLLOWING RULES AND AGREE TO THE FOLLOWING:
YOU WILL NOT COMMIT FRAUD. We reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, while on our Sites or using our services.
YOU AGREE THAT YOU WILL NOT STALK, THREATEN OR HARASS 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE, OR INFRINGE UPON OR ATTEMPT TO INFRINGE UPON THEIR PRIVACY.
User will be solely and fully liable for all conduct, postings and transmissions.
User agrees to having no rights (including moral rights), in and to the material the user may post 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.
User 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.
User may not falsely state, impersonate or otherwise misrepresent their identity or their affiliations with a person or entity, past or present.
MeetYourPsychic.com may review the user’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 user's personal profile or in any of the user's postings or transmissions. However, MeetYourPsychic.com may refuse to post, transmit or remove any content in which the user uploads to the Site. Without derogating from the above, MeetYourPsychic.com may remove any content violating this Agreement and the user will assume all risks associated with the uploading and transmitting of material while utilizing MeetYourPsychic.com, to include the reliance on its accuracy, as well as its reliability or legality.
User will not attempt to gain unauthorized access to any other computer system or network that is connected to the Site. User will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email.
Any attempt by any individual or group, to damage, destroy, tamper with, vandalize this website and/or otherwise interfere with the operation of the Website and its Services, 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.
User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or other ethical code.
User will not upload, post, email, 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, encourage, or promote conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
User will not take any actions that may undermine, disrupt or influence the integrity of the user feedback (rating) system on the Site. User will not to disrupt or interfere with MeetYourPsychic.com servers or networks connected to this Site.
User will not violate or breach this Agreement or any other pertinent directives conveyed by MeetYourPsychic.com.
The Company has internal procedures for complaints and disputes to be addressed and resolved. You agree that you will not (nor will you cause or cooperate with others to) publicly criticize, ridicule, disparage or defame 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE, or its products, services, policies, 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 user chooses to ignore this agreed clause or ignore Company's attempt to reach user to remove such postings, the Company may (at its sole discretion) fine user $3500.00 per occurrence. The term of this clause continues 12 months beyond the user's last purchase on the site.
MeetYourPsychic.com contains copyrighted material, trade secrets and proprietary information owned by MeetYourPsychic.com. This Agreement will not grant any user 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 to MeetYourPsychic.com. The user will in no way create plagiaristic software based upon any trade secret, intellectual property or proprietary information of MeetYourPsychic.com. Moreover, the user may not, as it pertains to MeetYourPsychic.com, sub-license, assign, transfer, sell or make any other commercial use of membership.
All content on the MeetYourPsychic.com website, including without limitation, text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. All Content displayed on or through MeetYourPsychic.com is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, and international conventions.
Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company.
You further agree not to reproduce, duplicate or copy Content from MeetYourPsychic.com without the express written consent of the Company, and agree to abide by any and all copyright and other legal notices displayed on MeetYourPsychic.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in MeetYourPsychic.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of MeetYourPsychic.com.
The user 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 user 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 user through the Site.
MeetYourPsychic.com respects the intellectual property rights of others, and we ask our users to do the same accordingly. Psychic Advisors may or may not use their actual image or legal name to promote their services on the network. If an alternate image or name is used, appropriate licences have been obtained by the Company or Independent Contractors for such use. MeetYourPsychic.com may, in appropriate circumstances as well as at its own discretion, terminate the accounts or access of users who infringe upon the intellectual property rights of others.
DIGITAL MILLENNIUM COPYRIGHT ACT
Infringement Not Permitted. the Company does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and the Company will remove any content if properly notified that such content infringes on another's intellectual property rights. the Company reserves the right to remove any content without prior notice.
DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Third-Party Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's designated Copyright Agent to receive notifications of claimed infringement is:
7th Level Communication, Inc.
9436 W. Lake Mead Blvd
Suite 5 PMB 1012
Las Vegas, NV 89134
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third-Party Content, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature; (b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Effect of Counter Notice. If a counter-notice is received by the Copyright Agent, MeetYourPsychic.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MeetYourPsychic.com sole discretion.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters and material related to the Website and/or Service are protected under applicable copyrights, trademarks and other proprietary to include without limitation, intellectual property rights. The copying and redistribution of and/or publication by you of any part of MeetYourPsychic.com is strictly prohibited. Any content posted or provided by you will become the property of MeetYourPsychic.com.
MeetYourPsychic.com grants users 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 permit 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. RECORDINGS AND TRANSCRIPTS OF PSYCHIC READINGS REMAIN THE PROPERTY OF MEETYOURPSYCHIC.COM. MEETYOURPSYCHIC.COM PROVIDES THE PURCHASER OF RECORDINGS OR TRANSCRIPTS A LIMITED LICENSE FOR PERSONAL AND PRIVATE USE, ONLY. ANY PUBLIC SALE, BROADCAST OR DISTRUBUTION BY RADIO, INTERNET, BLOG, LIVEST EAM, SOCIAL MEDIA OR ANY OTHER TECHNOLOGY IS STRICTLY PROHIBITED WITHOUT MEETYOURPSYCHIC.COM’S EXPRESS WRITTEN CONSENT. 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.
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ALTHOUGH 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 THE 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 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING 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 CLAIMS AGAINST ANY PSYCHIC ADVISOR, 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 THE 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.
7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE SHALL NOT BE LIABLE TO ANY USER 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 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE, AND ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INDEMNIFICATION SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE FROM THE 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 NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE 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 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE ARE 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 USER’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 7TH LEVEL COMMUNICATIONS INC, MEETYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING SITE, 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 INCLUDE 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.
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.
COUNTERPARTS AND EFFECTIVENESS
You agree that the MeetYourPsychic.com website shall be deemed solely based in the State of Nevada.
You further agree that the MeetYourPsychic.com website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Nevada.
PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH MEETYOURPSYCHIC.COM ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF WAIVING YOUR right TO A TRIAL.
Any dispute, claim or controversy arising out of or relating to the MeetYourPsychic.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the MeetYourPsychic.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights).
STATUTE OF LIMITATIONS
CLASS ACTION WAIVER
You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter 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.
TITLE AND SUBTITLE
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.