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.
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.
(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.
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 firstname.lastname@example.org. 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).
Updated April 1, 2009