Terms Of Use | PsychicPower.com

Terms Of Use


THE FOLLOWING SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH PSYCHICPOWER.COM, INC. ("PSYCHICPOWER" OR "WE" OR "OUR") OFFERS YOU ACCESS TO OUR SERVICES.

WELCOME! WHEN USING PSYCHICPOWER'S SERVICES, YOU ("MEMBER" OR "YOU" OR "YOUR") AGREE TO THE TERMS AND CONDITIONS DESCRIBED HEREIN ("TERMS OF SERVICE").

THESE TERMS OF SERVICE MAY BE AMENDED BY PSYCHICPOWER AT ANY TIME IN OUR DISCRETION BY POSTING THE AMENDED TERMS ON OUR WEBSITE. IF YOU BECAME A MEMBER PRIOR TO THE POSTING OF AMENDED TERMS ON OUR WEBSITE, THE AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE 30 DAYS AFTER THEY ARE INITIALLY POSTED ON OUR SITE. YOU AGREE THAT YOUR CONTINUED USE OF THIS WEBSITE AFTER SUCH AMENDMENT SHALL SIGNIFY YOUR ACCEPTANCE OF SUCH CHANGE. THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED EXCEPT BY A WRITING SIGNED BY BOTH YOU AND PSYCHICPOWER.

   1. DESCRIPTION OF PSYCHICPOWER: PSYCHICPOWER provides content, reports, data, and telephone, chat and e-mail consultations ("Content") via the World Wide Web, electronic mail, and telephone.  Certain portions of the Content may be viewed simply by visiting the PSYCHICPOWER.COM site (the "General Services"), while others such as live consultations require payment and/or additional personal information (the "Personalized Services"). The General Services and the Personalized Services are referred to collectively in these Terms of Service as the "Services." In consideration for the Personalized Services, Member agrees to:

         (1) provide certain current, complete, and accurate information about Member as prompted to do so by PSYCHICPOWER and

         (2) maintain and update this information as required to keep it current, complete and accurate. All information that We request and You provide on original sign-up, and all updates thereto, are referred to in these Terms of Service as "Registration Data." Many of the Services and Content are provided by third party suppliers and not by PSYCHICPOWER.

   2. MEMBER ELIGIBILITY: The Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not permitted to be used by minors (which means, in most jurisdictions, those under the age of 18) or temporarily or indefinitely suspended PSYCHICPOWER members. In addition, PSYCHICPOWER does not permit use of the Services by residents (a) of any jurisdiction that may prohibit our Services or (b) of any country that are prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. Such countries may include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Syria and Sudan. If you do not qualify, please do not use the Services.

   3. OUR ACCESS TO YOUR ACCOUNT: In order to ensure that PSYCHICPOWER is able to provide high quality services, respond to customer needs, and comply with laws, You hereby consent to PSYCHICPOWER employees and agents being able to access Your account and records on a case-by-case basis to investigate complaints or other allegations or suspected abuse.

   4. MODIFICATION TO SERVICES; BREACH; TERMINATION: PSYCHICPOWER may modify or discontinue (in whole or in part) the Services or Your account with us, with or without notice, for any reason without liability to You, any other user, or any third party. Without limiting the foregoing, We reserve the right to terminate Your account immediately (a) if We are unable to verify or authenticate Your Registration Data or other information provided by You, (b) if We believe that Your actions may cause legal liability for You, PSYCHICPOWER, or all or some of Our other users, or (c) if We believe You have (i) provided us with false or misleading Registration Data or other information, (ii) interfered with other users or the administration of the Services, or (iii) violated these Terms of Service or our Privacy Policy.

   5. PRIVACY POLICY: Privacy is very important to us, and as such, Our Privacy Policy, as it may be updated from time to time, available on the Website, is incorporated into these Terms of Service by this reference. We may amend Our Privacy Policy from time to time pursuant to the terms for amending this Terms of Service (as described in the Preamble above).

   6. MEMBER BEHAVIOR AND RESTRICTIONS; COMPLIANCE WITH LAWS: Your right to use the Services is personal to You. You represent that You are an individual and that You are not a corporation or other business entity. You agree not to resell or make any commercial use of the Services without the express written consent of PSYCHICPOWER. You are solely responsible for the contents of Your transmissions through Our Website. Your use of the Services is subject to all applicable local, state, national and international laws and regulations. You agree:

         (1) to comply with all U.S. laws regarding the transmission of technical data exported from the United States through the Service;

         (2) not to use the Website or the Services for illegal purposes;

         (3) not to interfere or disrupt networks connected to PSYCHICPOWER;

         (4) to comply with all applicable regulations, policies and procedures of networks connected to the PSYCHICPOWER Website; and

         (5) to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services. PSYCHICPOWER makes use of the Internet to send and receive certain messages; therefore, Your conduct is subject to Internet regulations, policies, and procedures. You will not use PSYCHICPOWER for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through PSYCHICPOWER any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with any other PSYCHICPOWER members' use or enjoyment of the Website or Services.

  7. NO WARRANTY. YOU UNDERSTAND AND AGREE THAT:

         (A) THE SERVICES ARE PROVIDED "AS-IS" AND WITH ALL FAULTS. PSYCHICPOWER ASSUMES NO RESPONSIBILITY FOR AVAILABILITY (OR LACK THEREOF), TIMELINESS (OR LACK THEREOF), DELETIONS, MISDELIVERIES, OR FAILURES TO STORE ANY MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS;

         (B) IN PARTICULAR, BUT NOT BY WAY OF LIMITATION, PSYCHICPOWER MAY DELETE E-MAIL OR OTHER ACCOUNTS OR THE INFORMATION THEREIN IF THE ACCOUNT IS INACTIVE FOR MORE THAN NINETY (90) DAYS;

         (C) USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA;

         (D) THE SERVICES ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND PSYCHICPOWER, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CONTENT OR SERVICES, THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PSYCHICPOWER'S WEBSITE, OR ANY TRANSACTIONS ENTERED INTO THROUGH PSYCHICPOWER'S SITE, AND MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PSYCHICPOWER OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.

   8. LIMITATIONS OF LIABILITY. IN NO EVENT WILL PSYCHICPOWER OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES (COLLECTIVELY, "INDIRECT DAMAGES") ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF PSYCHICPOWER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, PSYCHICPOWER AND ITS SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

         (A) THE USE OF OR THE INABILITY TO USE THE SERVICES;

         (B) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH PSYCHICPOWER'S SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH PSYCHICPOWER'S SERVICES; OR

         (C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A USER'S TRANSMISSIONS OR DATA.

            THE LIABILITY OF PSYCHICPOWER AND ITS SUPPLIERS TO YOU OR ANY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.

   9. INDEMNIFICATION: You agree to indemnify, defend and hold harmless PSYCHICPOWER and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of the Privacy Policy or these Terms of Service, or Your violation of any third party's rights, including without limitation, infringement by You or any other user of Your account of any intellectual property or other right of any person or entity. These Terms of Service will inure to the benefit of PSYCHICPOWER's successors, assigns, and licensees.

  10. PROPRIETARY RIGHTS TO CONTENT: You acknowledge that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via e-mail, commercially produced information presented to Member by PSYCHICPOWER, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by PSYCHICPOWER, its suppliers, or advertisers.

  12. NOTICES. Except as otherwise stated in these Terms of Service, all notices to a party shall be in writing and shall be made either via regular mail or e-mail to support@psychicpower.com.  To contact PYSCHICPOWER.COM, INC, call 800-366-5588 or via email

  13. ARBITRATION; INJUNCTIVE RELIEF. Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the AAA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Florida in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of the State of Florida and venue in Palm Beach County, Florida for any such proceeding. If either party files an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand US dollars (US $1,000).

  14. GENERAL PROVISIONS: These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Service or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by PSYCHICPOWER. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
    

Updated April 1, 2009

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