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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
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DISCLAIMER OF WARRANTIES
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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