TERMS OF USE AGREEMENT
YOU AGREE THAT BY USING THIS WEBSITE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. BY USING THIS SITE, YOU AGREE WITH ALL TERMS SET FORTH IN THIS AGREEMENT. If ReviewYourPsychic.com becomes aware that anyone under the age of 18 seeks to use our Services, ReviewYourPsychic.com will terminate and restrict that person from accessing the Site.
Welcome to ReviewYourPsychic.com. The following terms and conditions govern your (“you” or “your”) use of ReviewYourPsychic.com website. By accessing this website, you agree to comply with and be bound by the following terms of use, as well as the terms and conditions of ReviewYourPsychic.com’s Privacy Policy which can be viewed at ReviewYourPsychic.com/privacy-policy. If after reviewing the terms and conditions and privacy policy thoroughly, you determine that do not agree to it in its entirety, do not use ReviewYourPsychic.com’s website (also referred to from time to time as the “Site”) or any pages contained therein and/or any of ReviewYourPsychic.com’s services.
ATTENTION! THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. REVIEWYOURPSYCHIC.COM PROVIDES TECHNOLOGY TO CONNECT YOU TO PSYCHIC NETWORKS.
REVIEWYOURPSYCHIC.COM does not refer, endorse, recommend, verify, evaluate or guarantee any OF THE OPINIONS, advice, information, AND/or other PRODUCTS OR services provided by ADVISORS, and nothing COMMUNICATED VERBALLY, THROUGH ADVERTISEMENT OR IN WRITING shall be considered as a referral, endorsement, recommendation or guarantee of any PSYCHIC NETWORK OR PSYCHIC ADVSOR BY REVIEWYOURPSYCHIC.COM. By using the services offered by ReviewYourPsychic.com, you agree to these terms and conditions. You further agree that this is the entire agreement between ReviewYourPsychic.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. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes or updates. By your continued use of the website and/or ReviewYourPsychic.com’s services you fully accept all of the terms and conditions set forth in this agreement.
THE OPINIONS, ADVICE AND INFORMATION ARE NOT INTENDED TO BE USED AS, AND WILL NOT SERVE AS A SUBSTITUTE FOR, PROFESSIONAL SEXUAL, PSYCHOLOGICAL OR MEDICAL COUNSELING. YOU SHOULD CONSULT A SEXUAL, PSYCHOLOGICAL OR MEDICAL PROFESSIONAL FOR ADVICE OR TREATMENT REGARDING ANY SEXUAL, PSYCHOLOGICAL OR MEDICAL CONCERNS. REVIEWYOURPSYCHIC.COM does not AND WILL NOT warrant the validity, accuracy, completeness, safety, legality, quality, or applicability of the content or anything said or written by its REVIEWERS or any advice provided, including any information contained in any REVIEWER listing OR blog. REVIEWYOURPSYCHIC.COM WILL not be liable for any damages sustained due to reliance by USER on such information or advice provided by any REVIEWER.
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.
INTELLECTUAL PROPERTY
ReviewYourPsychic.com is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in ReviewYourPsychic.com and in any application, software, graphics, text as well as other materials used therein, including but not limited to the organization and selection of the materials contained therein.
ReviewYourPsychic.com contains copyrighted material, trade secrets and proprietary information owned by ReviewYourPsychic.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 of ReviewYourPsychic.com. The Member will in no way create plagiaristic software based upon any trade secret, intellectual property or proprietary information of ReviewYourPsychic.com. Moreover, the Member may not, as it pertains to ReviewYourPsychic.com, sub-license, assign, transfer, sell or make any other commercial use of website.
The Member is not allowed to adapt or use any trademark or trade name, domain name similar to or easily confused with that of ReviewYourPsychic.com, nor is the Member allowed to take any other kind of action that could infringe upon or impair ReviewYourPsychic.com’s trademark rights.
ReviewYourPsychic.com shall, as it is its right to, retain complete ownership in and to ReviewYourPsychic.com and all content displayed on ReviewYourPsychic.com, including but not limited to copies of data transferred or received by Member through the Site.
ADVERTISING DISCLOSURE
This site is a free online resource that strives to offer helpful content and comparison features to its visitors. Please be advised that the operator of this site accepts advertising compensation from companies that appear on the site, and such compensation impacts the location and order in which the companies (and/or their products) are presented, and in some cases may also impact the rating that is assigned to them.
To the extent that ratings appear on this site, such rating is determined by our subjective opinion and based on a methodology that aggregates our analysis of brand market share and reputation, each brand's conversion rates, compensation paid to us and general consumer interest. Company listings on this page DO NOT imply endorsement. Except as expressly set forth in our Terms of Use, all representations and warranties regarding the information presented on this page are disclaimed. The information, including pricing, which appears on this site is subject to change at any time.
COPYRIGHT POLICY
ReviewYourPsychic.com respects the intellectual property rights of others, and we ask our users to do the same accordingly.
ReviewYourPsychic.com may, in appropriate circumstances as well as at its own discretion, block access of users who infringe upon the intellectual property rights of others.
If you believe your work has been copied in such a way as to constitute copyright infringement, provide ReviewYourPsychic.com’s Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description in sufficient detail of the copyrighted work that you claim has been infringed, to include the location where the copyrighted work exists or a copy of the copyrighted work will suffice in lieu of web address.
3. The location and description of claimed infringement work to be found, to include Site location and URL web address.
4. Your mailing address, telephone contact number, and primary email address.
5. A statement by you that you have a good faith to believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is true and accurate to the best of your knowledge, that you are the copyright owner or authorized to act on the copyright owner's behalf.
ReviewYourPsychic.com Copyright Agent for Notice of claims of copyright infringement can be reached as follows.
A Balance Within: 170 S Green Valley Pkwy #300, Henderson, NV 89012
PROPRIETARY RIGHTS
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 ReviewYourPsychic.com is strictly prohibited. Any content posted or provided by you will become the property of ReviewYourPsychic.com. To the extent that content is posted or provided by you and which contains personally identifiable information, we refer you to the terms of the privacy policy. You do not acquire ownership rights to any content, document, software, services or other material that you view on or through this Website. The posting of information or material on the website by ReviewYourPsychic.com does not constitute a waiver of any right in such information and/or materials.
INTERNATIONAL USERS
ReviewYourPsychic.com makes no claim as to the appropriateness of the content of this Site as nor does it claim the content is appropriate to be downloaded outside the United States. If you access the Site from any location outside of the United States then you do so knowing you are doing so at your own risk and you are responsible for and will be accountable to compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
LIMITED LICENSE
ReviewYourPsychic.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 include any resale or commercial use of this Site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this Site or its use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ReviewYourPsychic.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 ReviewYourPsychic.com’s express written consent. You may not use any meta-tags or any other "hidden text" utilizing ReviewYourPsychic.com’s name or trademarks without the express written consent of ReviewYourPsychic.com. Any unauthorized use terminates the limited license granted by ReviewYourPsychic.com to you and subjects you to any and all criminal and/or civil liability arising there from. ReviewYourPsychic.com reserves any rights not explicitly granted in this Agreement.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT REVIEWYOURPSYCHIC.COM AND ITS SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ANY AND ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, REVIEWYOURPSYCHIC.COM DISCLAIMS ANY AND ALL WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE PROVIDED. TO THE FULLEST EXTENT PERMITTED BY LAW, REVIEWYOURPSYCHIC.COM DISCLAIMS ANY AND ALL WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY AND ALL LINKS PROVIDED ON THE SITE, AND FOR ANY AND ALL ADVICE OR INFORMATION RECEIVED THROUGH AND BY THE SITE OR THROUGH ANY AND ALL LINKS PROVIDED ON THE SITE. REVIEWYOURPSYCHIC.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE OR SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT REVIEWYOURPSYCHIC.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED AS A RESULT OF THE SERVICES OR SERVICE. REVIEWYOURPSYCHIC.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL, INCLUDING BUT NOT LIMITED TO THE DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED SETTINGS.
ALTHOUGH THE REVIEWYOURPSYCHIC.COM STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, REVIEWYOURPSYCHIC.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. REVIEWYOURPSYCHIC.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 USER FROM REVIEWYOURPSYCHIC.COM OR THROUGH USE OF ITS SERVICES, SHALL CREATE ANY EXPECTATION OR WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. IN PARTICULAR BUT NOT LIMITED TO, REVIEWYOURPSYCHIC.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. REVIEWYOURPSYCHIC.COM WILL NOT BE HELD LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET OR TELEPHONE CONNECTION AND/OR ANY AND ALL SERVICES PURCHASED ON REFERED WEBSITES. 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.
INDEMNIFICATION
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO DEFEND INDEMNIFY, AND HOLD HARMLESS REVIEWYOURPSYCHIC.COM AND ITS PARENT COMPANY(S), AFFILIATES, CO-BRANDERS, SUCCESSORS AND ASSIGNS, ADVERTISERS, SUPPLIERS AND OPERATIONAL SERVICE PROVIDERS AND THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, CO-BRANDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, OR OTHERS INVOLVED IN CREATING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS SITE FROM ANY AND ALL CLAIMS, ACTIONS, COSTS, EXPENSES, OR DEMANDS, INCLUDING BUT NOT LIMITED TO ANY SETTLEMENT AND/OR ATTORNEY’S FEES, RESULTING FROM YOUR USE OF THE SITE AND ITS SERVICES WHETHER VIA THE INTERNET OR TELEPHONE AND ANY CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THIS SITE, YOUR USE OF SERVICE AND ANY ADVICE OR INFORMATION OBTAINED THEREBY, YOUR VIOLATION OF THIS AGREEMENT, YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR TERMINATION OF YOUR ACCESS TO THE SITE AND/OR SERVICES OTHERWISE ARISING OUT OF YOUR USE OF THIS SITE IN ANY MANNER.
REVIEWYOURPSYCHIC SHALL NOT BE LIABLE TO ANY MEMBER ON ACCOUNT, WHETHER OR NOT AUTHORIZED, THE PROPER OR MISUSE OF AND RELIANCE ON THE SERVICE WE PROVIDE TO YOU. INDEMNIFICATION IS SUCH THAT IT SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF REVIEWYOURPSYCHIC.COM, ITS PARENTS, AFFILIATES, LICENSORS, SUBSIDIEARIES, AND ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). INDEMNIFICATION SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE FROM USE OR MISUSE AND/OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR WHETHER IT COMES FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE TO INCLUDE SUCH DAMAGES HAVING BEEN INCURRED BY A THIRD PARTY. SUCH INDEMNIFICATION WILL APPLY IN REGARDS TO DAMAGES HAVING BEEN INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS WHICH HAVE BEEN PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH INDEMNIFICATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH INDEMNIFICATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, REVIEWYOURPSYCHIC.COM, TO INCLUDE ANY SERVICE, WHETHER PROVIDED BY INTERNET OR TELEPHONE. SUCH INDEMNIFICATION SHALL APPLY NOT WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL REVIEWYOURPSYCHIC.COM, ITS PARENTS, AFFILIATES SUBSIDIEARIES, OR ITS LICENSORS BE HELD LIABLE IN ANY WAY FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, ACT OF TERRORISM GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. IN JURISDICTIONS THAT DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
TERMINATION
You agree that ReviewYourPsychic.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 ReviewYourPsychic.com is not, and will not be, liable to you or to any other third party for termination of your ability to access the website or other services. Use of the Service is subject to the Terms and Conditions of Use. You acknowledge and agree that REVIEWYOURPSYCHIC.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 REVIEWYOURPSYCHIC.COM. REVIEWYOURPSYCHIC.COM further reserves the right to terminate or suspend any Member’s access to REVIEWYOURPSYCHIC.COM or to any portion of the Service for any conduct that REVIEWYOURPSYCHIC.COM, in its sole discretion, believes is or may be directly or indirectly harmful to other users to REVIEWYOURPSYCHIC.COM or its parent, subsidiaries, affiliates, partners, members, officers, employees, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Non-termination is in no way an indication of a waiver under this or any other section nor can it be construed as an indication of a tacit consent or endorsement of any kind.
LEGAL WARNING
Any attempt by any individual, whether or not a Free Member or Registered Member of REVIEWYOURPSYCHIC.COM, to damage, destroy, tamper with, vandalize this website and/or otherwise interfere with the operation of the Website and its Services, internet and telephone base, is a violation of criminal and civil law and ReviewYourPsychic.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.
PRIVACY POLICY
Our privacy policy is available at http://reviewyourpsychic.com/privacy-policy
MISCELLANEOUS
a) Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matters herein, and supersedes and replaces any prior agreements and understandings, whether oral or written between them with respect to such matters. The provisions of this Agreement may be waived, altered, amended or repealed in whole or in part only upon the written consent of both parties to this Agreement.
b) Title and Subtitles. The titles of the Sections and subsections of this Agreement and any exhibits are for the convenience of reference only and are not to be considered in construing this Agreement.
c) No Implied Waivers. The failure of either party at any time to require performance by the other party of any provision hereof shall not affect in any way the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of any subsequent breach of the same provision or any other provision.
d) Severability. If for any reason any provision of this Agreement shall be determined to be invalid or inoperative, the validity and effect of the other provisions hereof shall not be affected thereby, provided that no such severability shall be effective if it causes a material detriment to any party.
e) Counterparts; Effectiveness: This Agreement may be executed in multiple counterparts, each of which, when solely executed, shall be deemed an original, but which counterparts together shall constitute one and the same instrument. A signature delivered via facsimile, email, or attachment to email shall be equally as effective as an original signature delivered in-person, by postal mail, or by any other means.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH REVIEWYOURPSYCHIC.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 THIS IMPORTANT DECISION.
ARBITRATION AGREEMENT
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against REVIEWYOURPSYCHIC.COM on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against REVIEWYOURPSYCHIC.COM, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against REVIEWYOURPSYCHIC.COM by someone else.
Agreement to Binding Arbitration Between You and REVIEWYOURPSYCHIC.COM
You and REVIEWYOURPSYCHIC.COM agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and REVIEWYOURPSYCHIC.COM, and not in a court of law. You acknowledge and agree that you and REVIEWYOURPSYCHIC.COM are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and REVIEWYOURPSYCHIC.COM otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and REVIEWYOURPSYCHIC.COM each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Nevada.
PROCESS
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879).The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Nevada and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
LOCATION AND PROCEDURE
Unless you and REVIEWYOURPSYCHIC.COM otherwise agree, the arbitration will be conducted in Clark County Nevada.
ARBITRATOR'S DECISION
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
ATTORNEY'S FEES
In the event of default or breach by either party to this agreement and the necessity to initiate court action for the enforcement of any right hereunder or covenant herein, then, in such event, the prevailing Party in such action shall be entitled to recover from the non-prevailing Party all reasonable costs and expenses of bringing such action, including reasonable attorney’s and paralegal fees, at all investigative, pre-trail, and appellate levels.
IRREPARABLE INJURY AND INJUNCTIVE RELIEF
The parties acknowledge that compliance with this agreement is necessary to protect the goodwill and the proprietary interests of the Parties and that in a breach of this Agreement, a Party may be irreparably and continually harmed and may not be made whole by monetary damages or a law. Therefore, a Party, in addition to any other remedy to which it may be entitled, shall be entitled to immediate injunctive relief to prevent breaches or threatened breaches of this agreement and/or to compel specific performance of this agreement.
BINDING EFFECT AND ASSIGNABILITY
This Agreement shall bind, inure to the benefit of, and be enforceable the Parties, their successors and assigns, heirs, administrators, legal representatives, and executors. However, this Agreement may not be assigned or otherwise be either Party to third parties without the prior written consent of the other Party, other than to affiliates that have effective control over, or are effectively controlled by the assigning Party hereto with respect to the subject matter thereof.
REMEDIES CUMULATIVE
No remedy herein conferred upon any Party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any Party or any right, power or remedy hereunder shall preclude any other or further exercise thereof.
WAIVER
A waiver by a Party of a reach or failure to perform under this Agreement shall not constitute a waiver of any subsequent breach of failure.
NOTICE
Any notice required to be given hereunder shall be in writing any may be effected either by electronic mail notice and delivery. Electronic delivery shall be deemed communicated upon response by the other Party.
SEVERABILITY
If any term or provision of this Agreement shall be found by a court of competent jurisdiction to be illegal or otherwise unenforceable, the same shall not invalidate the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary in the court’s opinions to render such term or provision enforceable, and the rights and the obligations of the parties shall be constructed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the Parties herein set forth.
Updated on 5.25.18