Last Revised January 29, 2016.
Welcome to the Member Agreement. This is a legal agreement between you and Horoscope.com, Inc., doing business as Psychiccenter.com and hereinafter referred to as "Psychiccenter."
For convenience, we will refer to the Psychiccenter.com website, phone services (including recordings posted by Advisors and services available through 1-866-MY-ASTRO and other numbers that Psychiccenter maintains for access by Members) and any other content therein as the "Site." We will refer to any advice, information, entertainment and other products or services you may receive from other Members (in their role as Advisors) or their listings on the Site as the "Advisor Services." All Members, whether they provide or receive Advisor Services from other Members, will be referred to in this Member Agreement as "Members." Members who are granted the ability to create listings and/or provide Advisor Services will also be referred to as "Advisors."
YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON THE REGISTRATION PAGE BY USING THE SITE (AS DEFINED ABOVE) AND ANY ADVISOR SERVICES (AS DEFINED ABOVE), OR BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER, YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT AND YOU ARE BOUND IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND ADVISOR SERVICES IS SUBJECT TO THE TERMS OF THIS MEMBER AGREEMENT AND THE POLICIES, RULES, TERMS AND INSTRUCTIONS ON THE SITE OR INCORPORATED HEREIN ARE PART OF THIS MEMBER AGREEMENT. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS MEMBER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND ADVISOR SERVICES. IF YOU DO NOT ACCEPT THIS MEMBER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ADVISOR SERVICES.
1. Eligibility to use the Site and Advisor Services is limited.
The Site and Advisor Services are available only to persons who are at least eighteen (18) years old, are a resident of the United States and/or Canada, and are otherwise capable of forming legally binding contracts under applicable law.
Please note that Psychiccenter must grant you permission to use the Site as a Member or an Advisor. You may become a "Member" having access to the Site and Advisor Services under the policies, terms and conditions below, only if, among other things, you complete a Member Sign-Up Form and only if Psychiccenter accepts your completed Member Sign-up Form. You may become an "Advisor," able to create a listing and/or provide Advisor Services, only if, among other things, you meet certain eligibility requirements, to be determined in the sole discretion of Psychiccenter, only if you sign up to be an Advisor and provide certain information as required by Psychiccenter, and only if Psychiccenter accepts you as an Advisor. Psychiccenter has sole and complete discretion to determine whether to accept you as a Member or Advisor.
Without limiting the foregoing, the Site and Advisor Services are not available to temporarily or indefinitely suspended Members. Also, you shall also not use this Site if your use is prohibited by the trade laws of the United States or any other country.
2. You consult with Advisors or provide Advisor Services at your own risk.
(a) Psychiccenter helps its Members connect with each other. Psychiccenter does not provide, produce or control the Advisor Services, or information or exchanges between Members, in any manner. Although Advisor listings may contain verified credentials, the verification credentials may or may not be up to date, and the verification services are provided by third parties. Psychiccenter does not itself provide any advice, information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the credentials, identity or qualifications of any Advisor. Further, Psychiccenter does not make editorial or managerial decisions concerning content. Nor will Psychiccenter be held responsible for any Advisor's failure to comply with laws or regulations concerning the content provided to Psychiccenter for listings. Instead, Psychiccenter acts as a technology service provider that allows Members to share advice, information and other products or services among themselves.
(b) Psychiccenter assumes no responsibility for monitoring any Services or Member feedback, or otherwise policing its Members in any way. Psychiccenter does not control, nor is it responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Advisor listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods and services. Psychiccenter is not responsible for the use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Advisor Services, in evaluating the qualifications of, and statements made by Members in listings or through the Member feedback system, and in disclosing personal information to other Members. Psychiccenter prohibits disclosure of personal contact information to other Members, including Advisors. If you do, you do so at your own risk. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, Psychiccenter urges you to immediately contact the police directly for help. In addition, Psychiccenter prohibits Members from using the Site or Advisor Services to solicit other Members to meet with them in person. If you do meet with other Members, you do so at your own risk.
(d) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services or the relationship between you and Psychiccenter, you hereby waive all claims against and release Psychiccenter (and its parents, subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advisor Services or the relationship between you and Psychiccenter or with regard to such disputes.
If you are a California resident, you waive your rights under California Civil Code section 1542, which states:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR"
Residents of other states and jurisdictions waive their rights under analogous laws, statutes or regulations.
3. Psychiccenter may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) Psychiccenter reserves the right in its sole discretion and without notice to you to modify or discontinue the Site and/or modify the terms and conditions of this Member Agreement and incorporated rules and policies. Any modifications will be effective immediately. We may or may not choose to notify you by email regarding significant modifications to the Site, this Member Agreement and any incorporated rules and policies. You should check them from time to time to see if they have been modified. If any modification is not acceptable to you, your only recourse is to cease using the Site, or using or providing any Advisor Services. By continuing to use the Site or any Advisor Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.
(b) Without limiting other remedies, Psychiccenter may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, Psychiccenter may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Psychiccenter suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by Psychiccenter; (ii) if Psychiccenter is unable to verify or authenticate any billing or payment information you provide to Psychiccenter; or (iii) if Psychiccenter suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, Psychiccenter or the Site. You have the right to cancel your membership in Psychiccenter by emailing the Live Services Manager at firstname.lastname@example.org.
4. The Site is solely a venue for Member listings.
Psychiccenter acts solely as an interface to facilitate communications initiated between Members and as a third-party payment network. As an Advisor, you are not an employee, agent or contractor of Psychiccenter, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Advisor Services, and for reporting and payment of all taxes associated with fees transferred to you by Psychiccenter.
Psychiccenter accepts no responsibility for reporting to law enforcement agencies any threats made by Members to harm themselves or third parties or to take any illegal action. Any responsibility for such reporting lies with the Advisor alone.
5. You are solely responsible for all use made of the Site and Advisor Services under your password and Member account and agree to pay for all Advisor Services purchased using your password and Member account information:
(a) The rates for Advisor Services are as set forth in the applicable Advisor listing. A "Conversation" refers to any live call. "Transaction" means any Conversation through the Site initiated using your password and Member account. You hereby authorize Psychiccenter to collect fees for each Transaction by debiting your Member account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for Conversations are calculated based on the per-minute rate listed and the duration of the transaction. Except during a Transaction or Conversation, Advisors have full discretion to adjust their per minute rates at any time. You authorize Psychiccenter, directly or through third parties, to make any inquiries we consider necessary to validate your Member account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide. Psychiccenter reserves the right to offer, from time to time and subject to change at any time, promotions or special offers and may limit eligibility for promotional or special offers.
(b) You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate (i) non-Members to have access to or use of the Site or Advisor Services in any manner without first becoming Members and (ii) other Members to use a specific Advisor Service at the same time that you are doing so.
(d) Based on Member account use and other factors identified by Psychiccenter in its sole discretion, Psychiccenter may verify your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide Psychiccenter with additional information that may be requested, you consent to Psychiccenter's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize Psychiccenter to obtain a consumer credit report or information from consumer credit reporting agencies and to verify your identity.
6. In using or accessing the Site or Advisor Services, you agree to comply with the following:
(a) You (as an Advisor providing Advisor Services) are solely responsible for the content provided and the content on listings created under your Member account.
(b) You (as a Member receiving Advisor Services) will not record or otherwise copy or store any live or pre-recorded voice calls or written messages, including emails, mail, chats, or any other written messages, that you receive through the Site. You (as an Advisor providing Advisor Services) will not record or otherwise store any voice call you conduct with a Member. Notwithstanding the foregoing, Advisors may record and store their own pre-recorded voice calls (each, a "Recorded Listing" as described further on the Help page of the Site) to Members.
(c) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of Psychiccenter, and you will cooperate fully with Psychiccenter to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Psychiccenter representatives access to any password-protected portions of your Member account.
(d) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
(e) You will conduct all for-fee communications that you have with other Members only through the Site, and you will not circumvent or attempt to circumvent the Site using any other third-party payment or other services.
(f) You will not use the Site in any manner that harasses another Member or could interfere with any other party‚??s use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.
(g) You will not attempt to gain unauthorized access to the computer systems or networks associated with the Site.
(h) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
(i) You will not "frame," "mirror" or otherwise copy any portion of the Site without Psychiccenter's express written authorization.
(j) You will only use payment methods for which you are the authorized user. You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to Psychiccenter. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(k) You will not use the Site to promote any product or services other than the services described in your Advisor listing on the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").
(l) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings or transmit any solicitation for employees, consultants, contractors or for participation on other websites.
(m) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
(n) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or if you are an Advisor leaving positive feedback for another Advisor, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.
(o) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.
(p) You will not include adult oriented content in your listings and will not provide services which are adult oriented in nature. Adult oriented content includes, but is not limited to:
o Descriptive sexual language:
o Any reference to any form of sexual intercourse or behavior, actual or simulated.
o Any listing that contains sexually explicit or sexually related text or images (of partial or full nudity).
o Any listing or service whose purpose is to sexually arouse a Member or user to cause lascivious or lustful thoughts.
o Any listing or content which, because of the nature or because of the description in the listing, appears to be designed solely to solicit sexual/adult talk, such as "I‚??ll talk about anything," "tell me your wildest dreams," etc.
o Any listing or content whose feedback consistently indicates that the Advisor is engaging in conversations with sexually-oriented content.
(q) You will adhere to all applicable laws and regulations governing your actions in connection with the Site, and you (as an Advisor providing Advisor Services) are responsible for meeting the requirements of applicable professional licenses and applicable advertising laws, regulations and guidelines.
(r) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and Psychiccenter policies.
7. As between the parties, except for content created by Members, Psychiccenter shall retain all ownership in the Site including all URLs and any content created for or derived from the Site.
(a) Other than content created by Members, Psychiccenter shall own all right, title and interest in Advisor Services and the Site, its entire contents and functionality, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto.
(b) You understand and agree that (i) you will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to you (ii) that Psychiccenter may change your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion and (iii) that phone numbers, toll free numbers, extensions and Advisor listing names may be recycled by Psychiccenter to other Members if you are not actively using them or your Member account has been terminated.
(c) When providing the Company with content or posting content using the Site, you grant the Company a non-exclusive, worldwide, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the Company, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or any other right of any third party: your provision of content to the Company, your posting of content using the Advisor Services, and the use of such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Advisor Services and in compliance with this Member Agreement. This license will terminate 90 days after termination of this Member Agreement.
(d) Further, you hereby grant to Psychiccenter, its distribution partners, affiliates, and similar third party website/media providers of Psychiccenter's choice, the right to use, copy, distribute, display or reference in any media form your Advisor listing information, including without limitation, your listing name, tags, descriptions, photos, phone numbers and extensions, or your Member information, including without limitation, your Member name, registration date, conversation lengths, and submitted ratings and/or written feedback for Advisor Services.
(e) As a Member, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Site and Advisor Services in accordance with this Member Agreement. This license will terminate 90 days after termination of this Member Agreement. You are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Psychiccenter or any third party. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site or any portion thereof.
8. Account Maintenance Fee.
Psychiccenter may charge an Account Maintenance Fee of two dollars ($2.00) per month for all Member accounts. However, if the Member uses the Member account to purchase advice, information, entertainment services or other products or services, then for a period of twelve (12) months from the date of such use, Psychiccenter may but is not required to waive the Account Maintenance Fee for all active Member accounts.
9. Psychiccenter disclaims any warranties or representations regarding the Site and Advisor Services.
THE SITE AND ANY ADVISOR SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. PSYCHICCENTER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, ADVISOR SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, PSYCHICCENTER MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SITE WILL BE ERROR FREE. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
10. Psychiccenter's liability for your access to and use of the Site and Advisor Services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL PSYCHICCENTER OR ITS PARENTS, SUBSIDIARIES, AGENTS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR ADVISOR SERVICES, WHETHER OR NOT PSYCHICCENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PSYCHICCENTER AND ITS PARENTS', SUBSIDIARIES', AGENTS' OR SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY PSYCHICCENTER FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) TWO HUNDRED DOLLARS ($200). PSYCHICCENTER WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY PSYCHICCENTER, AND ITS EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF ADVISOR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. In each case, Psychiccenter will provide you with written notice of such claim, suit or action. Psychiccenter shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
11. Psychiccenter prohibits the unauthorized use of copyrighted materials and trademarks.
YOU SHALL NOT USE THE SITE OR ADVISOR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF ANY THIRD PARTY.
Psychiccenter has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of Members who infringe or are believed to be infringing the rights of copyright holders or of holders of federally registered trademarks (and unregistered trademarks in certain circumstances.)
Psychiccenter Copyright and Trademark Related Policy:
If you believe any materials accessible on or from the Site infringe your copyright, please contact Psychiccenter‚??s Copyright Agent at the address listed below with all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. ¬ß 512):
o A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
o Identification of the copyright 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 the Site.
o 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 Psychiccenter to locate the material.
o Information reasonably sufficient to permit Psychiccenter to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted.
o A statement that the complaining party has 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.
o And a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must provide all of the information above for your request to be effective under federal law. Upon receipt of an effective, complete notice as described above, Psychiccenter will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the Member‚??s account.
Our designated Copyright Agent to receive claims of copyright infringement on or regarding this Site can be reached as follows:
182 Howard Street #826
San Francisco, CA 94105
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under federal copyright law.
It is our policy in appropriate circumstances to disable and/or terminate the Member accounts of Members who are repeat copyright infringers.
12. Carrier Transactions and Charges.
Your dealings with any wireless, telecommunications, or other carrier ("Carrier") in connection with accessing the Site and the use or provision of Advisor Services, including payment for usage charges, participation in any promotions offered by any Carrier and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. Psychiccenter is not responsible for any such Carrier dealings or promotions.
13. Links to Other Websites.
The Site may provide links to websites other than Psychiccenter. Such links are provided only for reference.
Any notice or other communication to be given hereunder will be in writing and given (a) by Psychiccenter via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to email@example.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
15. No Assignment.
You shall not assign this Member Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Psychiccenter, which shall be at its sole discretion. Any such purported assignment or delegation by you without the appropriate prior written consent of Psychiccenter will be null and void and of no force or effect. Psychiccenter may assign this Agreement or any rights hereunder without your consent.
16. Relationship of the Parties.
Notwithstanding any provision hereof each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
17. Dispute Resolution.
Any dispute, controversy, or claim arising out of, relating to, or in connection with this Member 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 settled by binding arbitration in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of JAMS, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in San Francisco, California.
Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in California 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 California and venue in San Francisco, California 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).
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ALSO AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.
18. Electronic Records.
You consent to the use of (a) electronic means to complete this Member Agreement, to use the Site and Advisor Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of the Site.
You can request a copy in paper form of this Member Agreement and any other records relating to this Member Agreement or your use of the Site by sending a written request to: Psychiccenter, 182 Howard Street #826, San Francisco, CA 94105. You understand and agree that this Member Agreement and any notices given pursuant to this Member Agreement are enforceable in electronic format.
If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Psychiccenter's failure to act with respect to a breach by you or others does not waive Psychiccenter's right to act with respect to subsequent or similar breaches. The failure of Psychiccenter to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Member Agreement and any dispute arising between you and Psychiccenter shall be governed by and interpreted in accordance with the laws of the State of California. You agree that this Member Agreement and the Member rules and restrictions and policies contained herein, and Psychiccenter's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Psychiccenter. This Member Agreement together with the rules and policies of Psychiccenter constitutes the entire agreement between Psychiccenter and you with respect to the subject matter hereof.
Copyright © 2016 Horoscope.com, Inc.