Post by Kimberanne on Jul 9, 2009 15:20:44 GMT -6
Last Revised July 11, 2009
Welcome to www.ProPsychicChat.com (“ProPsychicChat.com” or “Site”), the web site that is a platform for on- line advice and professional consulting services. ProPsychicChat.com is owned and operated by ProPsychicChat. (“ProPsychicChat”). The specific features and functionality of the Site are to be determined solely by ProPsychicChat and are subject to change or termination without notice.
This is a legal agreement between you and ProPsychicChat.com, doing business as ProPsychicChat and hereinafter referred to as "PPC". If PPC accepts your Member Sign-up Form, you will become a "Member" having access to the Site and Advisor Services only under the policies, terms and conditions below. For convenience, we will refer to the ProPsychicchat.com website, Mail (any email you send from your message board account), message board (http://propsychicchat.proboards.com/index.cgi) and any content therein provided by PCC as the "Site." We will refer to any information, entertainment services 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." Members who enter into the Member Agreement and those who solicit or receive Advisor Services from other Members will be referred to as "Members." Members who create listings and/or provide Advisor Services will also be referred to as "Advisors".
The policies, terms and conditions below limit PPC's liability and obligations to you and allow PPC to change, suspend or terminate your access to and use of the Site and Advisor Services. The following policies and rules are incorporated into the Member Agreement by reference and provide additional terms and conditions: Advisor Rules Policy, Payment Policy, Privacy Policy, Age Verification Agreement, Photo Policy, Anti-Spam Policy and Advisor Forum Policy. To the extent that there are any conflicts between the terms or conditions in such related policies and this Member Agreement, the terms and conditions of the Member Agreement shall govern.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. YOU FURTHER AGREE THAT PROPSYCHICCHAT IS INTENDED FOR ENTERTAINMENT PURPOSES AND NOT TO BE CONSIDERED PROFESSIONAL ADVICE. YOU FURTHER AGREE THAT PROPSYCHICCHAT.COM WILL NOT BE HELD LIABLE FOR REFUNDS DUE TO DISSATISFACTION WITH THE INFORMATION PROVIDED BY OUR PSYCHC ADVISORS.
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 and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Advisor Services are not available to temporarily or indefinitely suspended Members.
You shall not use the Site or become a Member if you are located or reside in a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or is prohibited from entering into trade relations with the United States or the United Kingdom or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia
2. You use or provide Advisor Services, and consult with Advisors, at your own risk.
PPC does not evaluate, 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 services are provided by third parties and PPC does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Advisor.
Further, PPC does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will PPC be held responsible for any Advisor's failure to comply with laws or regulations concerning the content of listings. Instead, PPC acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although PPC helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, PPC does not control, nor is 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 or services. PPC is not responsible for 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. PPC recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk.
PPC assumes no responsibility for monitoring or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, PPC urges you immediately to contact the police directly for help. In addition PPC does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members to meet with them in person.
PPC does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Advisors or Members, or any specific Member, Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by PPC. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Advisor Services. Members who initiate, receive and/or discontinue use of the Advisor Services do so entirely at their own risk, and PPC bears no responsibility in this regard.
If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services, you hereby waive all claims against and release PPC (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures 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 with regard to such disputes. Residents of all states and nations waive their rights under analogous laws, statutes or regulations.
3. PPC may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(PPC reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective thirty (30) days after they are initially posted on the Site. Changes to the Payment Policy are effective after PPC provides Advisors with at least fourteen (14) days notice of the changes by emailing Advisors. If any modification is not acceptable to you, your only recourse is to cease using the Site and 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.
Without limiting other remedies, PPC 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, PPC may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, if PPC suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by PPC; if PPC is unable to verify or authenticate any billing or payment information you provide to PPC; if PPC suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, PPC or the Site.
4. You are solely responsible for all use made of the Site and Advisor Services under your password and Member account information and agree to pay for all Advisor Services purchased using your password and Member account information.
The rates for Advisor Services are as set forth in the applicable Advisor listing. "Transaction" means any live or recorded chat through the Site initiated using your password and Member account information entertainment services or other products or services from an Advisor.. You hereby authorize PPC to collect fees for each Transaction by debiting your Member account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live and recorded chat session are calculated based on the per-minute rate listed and the duration of the chat, or from time to time may be offered by PPC for a single price listed for a bulk package of time. Time for chats sold in bulk have an expiration date; and you will not be entitled to receive a refund for any time remaining after the expiration date for the bulk minutes. Fees for recorded chats are determined based on the listed fee.
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 non-Members having access to or use of the Site or Advisor Services in any manner without such individuals first becoming Members and other Members to use a specific Advisor Service at the same time that you are doing so.
You agree that PPC is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password. You agree that PPC may use information provided by you as described in the Privacy Policy.
5.PPC 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. PPC 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, PPC 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.
6.PPC'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 PPC OR ITS 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 PPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PPC AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY PPC FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE PREVIOUS SIX (6) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). PPC 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 PPC, AND ITS EMPLOYEES, 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, PPC will provide you with written notice of such claim, suit or action. PPC shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
7. PPC prohibits the unauthorized use of copyrighted materials and trademarks.
YOU SHALL NOT USE THE SITE OR ITS 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 OF ANY THIRD PARTY.
PPC 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).
PPC Copyright and Trademark Related Policy:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PPC's Copyright Agent listed below with the following information required under 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) 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 PPC to locate the material;
(d) Information reasonably sufficient to permit PPC 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;
(e) 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; and
(f) 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.
PPC's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Copyright Agent
c/o PPC
726 5th Ave
Sheldon, IA 51201
Email: support@propsychicchat.com
Upon receipt of notice as described above, PPC 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.
If you believe that your federally registered trademark is being used by an Advisor or Member in a way that constitutes trademark infringement, please provide PPC's Trademark Agent with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
(b) Information reasonably sufficient to permit PPC to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address;
(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
(d) Information reasonably sufficient to permit PPC to identify the use being challenged by the registered trademark owner;
(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.
Upon receipt of notice as described above, PPC will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Advisor or Member in question, if, in PPC's sole discretion, PPC concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, unless, prior to such removal, the Advisor or Member in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question.
Notwithstanding the foregoing, PPC will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
PPC's Trademark Agent for notice of claims of trademark
infringement on or regarding this Site can be reached as follows:
Trademark Agent
c/o PPC
726 5th Ave
Sheldon, IA 51201
Email: support@propsychicchat.com
8. Links to Other Websites.
The Site may provide links to websites other than PPC. Such links are provided for reference only, and PPC neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
9. Notice.
Any notice or other communication to be given hereunder will be in writing and given (a) by PPC 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 support@propsychicchat.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.
10. 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 PPC. Any such purported assignment or delegation by you without the appropriate prior written consent of PPC will be null and void and of no force or effect, unless otherwise expressly consented to by PPC at its sole and absolute discretion. PPC may assign this Agreement or any rights hereunder without your consent.
11. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
12. Arbitration.
Any controversy or claim arising out of or relating to this Member Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and not appealable. The arbitration shall be conducted in Des Moines, IA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, PPC, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
13. 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 PPC 726 5th Ave Sheldon, IA 51201
You understand and agree that this Member Agreement and any notices given pursuant to this Member Agreement are enforceable in electronic format.
14. Miscellaneous.
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. PPC's failure to act with respect to a breach by you or others does not waive PPC's right to act with respect to subsequent or similar breaches. The failure of PPC 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 shall be governed by and interpreted in accordance with the laws of the State of Iowa. The parties acknowledge that this Member Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Member Agreement. You agree that this Member Agreement and the Member rules and restrictions and policies contained herein, and PPC's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and PPC. This Member Agreement together with the rules and policies of PPC constitutes the entire agreement between PPC and you with respect to the subject matter hereof.
Welcome to www.ProPsychicChat.com (“ProPsychicChat.com” or “Site”), the web site that is a platform for on- line advice and professional consulting services. ProPsychicChat.com is owned and operated by ProPsychicChat. (“ProPsychicChat”). The specific features and functionality of the Site are to be determined solely by ProPsychicChat and are subject to change or termination without notice.
This is a legal agreement between you and ProPsychicChat.com, doing business as ProPsychicChat and hereinafter referred to as "PPC". If PPC accepts your Member Sign-up Form, you will become a "Member" having access to the Site and Advisor Services only under the policies, terms and conditions below. For convenience, we will refer to the ProPsychicchat.com website, Mail (any email you send from your message board account), message board (http://propsychicchat.proboards.com/index.cgi) and any content therein provided by PCC as the "Site." We will refer to any information, entertainment services 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." Members who enter into the Member Agreement and those who solicit or receive Advisor Services from other Members will be referred to as "Members." Members who create listings and/or provide Advisor Services will also be referred to as "Advisors".
The policies, terms and conditions below limit PPC's liability and obligations to you and allow PPC to change, suspend or terminate your access to and use of the Site and Advisor Services. The following policies and rules are incorporated into the Member Agreement by reference and provide additional terms and conditions: Advisor Rules Policy, Payment Policy, Privacy Policy, Age Verification Agreement, Photo Policy, Anti-Spam Policy and Advisor Forum Policy. To the extent that there are any conflicts between the terms or conditions in such related policies and this Member Agreement, the terms and conditions of the Member Agreement shall govern.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. YOU FURTHER AGREE THAT PROPSYCHICCHAT IS INTENDED FOR ENTERTAINMENT PURPOSES AND NOT TO BE CONSIDERED PROFESSIONAL ADVICE. YOU FURTHER AGREE THAT PROPSYCHICCHAT.COM WILL NOT BE HELD LIABLE FOR REFUNDS DUE TO DISSATISFACTION WITH THE INFORMATION PROVIDED BY OUR PSYCHC ADVISORS.
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 and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Advisor Services are not available to temporarily or indefinitely suspended Members.
You shall not use the Site or become a Member if you are located or reside in a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or is prohibited from entering into trade relations with the United States or the United Kingdom or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia
2. You use or provide Advisor Services, and consult with Advisors, at your own risk.
PPC does not evaluate, 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 services are provided by third parties and PPC does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Advisor.
Further, PPC does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will PPC be held responsible for any Advisor's failure to comply with laws or regulations concerning the content of listings. Instead, PPC acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although PPC helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, PPC does not control, nor is 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 or services. PPC is not responsible for 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. PPC recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk.
PPC assumes no responsibility for monitoring or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, PPC urges you immediately to contact the police directly for help. In addition PPC does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members to meet with them in person.
PPC does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Advisors or Members, or any specific Member, Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by PPC. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Advisor Services. Members who initiate, receive and/or discontinue use of the Advisor Services do so entirely at their own risk, and PPC bears no responsibility in this regard.
If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services, you hereby waive all claims against and release PPC (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures 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 with regard to such disputes. Residents of all states and nations waive their rights under analogous laws, statutes or regulations.
3. PPC may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(PPC reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective thirty (30) days after they are initially posted on the Site. Changes to the Payment Policy are effective after PPC provides Advisors with at least fourteen (14) days notice of the changes by emailing Advisors. If any modification is not acceptable to you, your only recourse is to cease using the Site and 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.
Without limiting other remedies, PPC 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, PPC may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, if PPC suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by PPC; if PPC is unable to verify or authenticate any billing or payment information you provide to PPC; if PPC suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, PPC or the Site.
4. You are solely responsible for all use made of the Site and Advisor Services under your password and Member account information and agree to pay for all Advisor Services purchased using your password and Member account information.
The rates for Advisor Services are as set forth in the applicable Advisor listing. "Transaction" means any live or recorded chat through the Site initiated using your password and Member account information entertainment services or other products or services from an Advisor.. You hereby authorize PPC to collect fees for each Transaction by debiting your Member account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live and recorded chat session are calculated based on the per-minute rate listed and the duration of the chat, or from time to time may be offered by PPC for a single price listed for a bulk package of time. Time for chats sold in bulk have an expiration date; and you will not be entitled to receive a refund for any time remaining after the expiration date for the bulk minutes. Fees for recorded chats are determined based on the listed fee.
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 non-Members having access to or use of the Site or Advisor Services in any manner without such individuals first becoming Members and other Members to use a specific Advisor Service at the same time that you are doing so.
You agree that PPC is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password. You agree that PPC may use information provided by you as described in the Privacy Policy.
5.PPC 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. PPC 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, PPC 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.
6.PPC'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 PPC OR ITS 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 PPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PPC AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY PPC FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE PREVIOUS SIX (6) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). PPC 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 PPC, AND ITS EMPLOYEES, 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, PPC will provide you with written notice of such claim, suit or action. PPC shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
7. PPC prohibits the unauthorized use of copyrighted materials and trademarks.
YOU SHALL NOT USE THE SITE OR ITS 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 OF ANY THIRD PARTY.
PPC 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).
PPC Copyright and Trademark Related Policy:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PPC's Copyright Agent listed below with the following information required under 17 U.S.C. § 512:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) 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;
(c) 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 PPC to locate the material;
(d) Information reasonably sufficient to permit PPC 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;
(e) 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; and
(f) 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.
PPC's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Copyright Agent
c/o PPC
726 5th Ave
Sheldon, IA 51201
Email: support@propsychicchat.com
Upon receipt of notice as described above, PPC 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.
If you believe that your federally registered trademark is being used by an Advisor or Member in a way that constitutes trademark infringement, please provide PPC's Trademark Agent with the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the registered trademark owner;
(b) Information reasonably sufficient to permit PPC to contact the registered trademark owner or its authorized agent, including a name, address, telephone number and, if available, an email address;
(c) Identification of the trademark(s) claimed to have been infringed, including a copy of each relevant federal trademark registration certificate(s);
(d) Information reasonably sufficient to permit PPC to identify the use being challenged by the registered trademark owner;
(e) A statement that the registered trademark owner has not authorized the challenged use, and that the registered trademark owner has a good-faith belief that the challenged use is not authorized by law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is the registered trademark owner or is authorized to act on behalf of the registered trademark owner.
Upon receipt of notice as described above, PPC will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including following confirmation of the existence of the federal registration, removal of the challenged use from the Site, with notice to the Advisor or Member in question, if, in PPC's sole discretion, PPC concludes that the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, unless, prior to such removal, the Advisor or Member in question demonstrates that it has its own trademark registration or approved trademark application covering the use in question.
Notwithstanding the foregoing, PPC will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
PPC's Trademark Agent for notice of claims of trademark
infringement on or regarding this Site can be reached as follows:
Trademark Agent
c/o PPC
726 5th Ave
Sheldon, IA 51201
Email: support@propsychicchat.com
8. Links to Other Websites.
The Site may provide links to websites other than PPC. Such links are provided for reference only, and PPC neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
9. Notice.
Any notice or other communication to be given hereunder will be in writing and given (a) by PPC 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 support@propsychicchat.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.
10. 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 PPC. Any such purported assignment or delegation by you without the appropriate prior written consent of PPC will be null and void and of no force or effect, unless otherwise expressly consented to by PPC at its sole and absolute discretion. PPC may assign this Agreement or any rights hereunder without your consent.
11. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
12. Arbitration.
Any controversy or claim arising out of or relating to this Member Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and not appealable. The arbitration shall be conducted in Des Moines, IA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, PPC, the Member or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
13. 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 PPC 726 5th Ave Sheldon, IA 51201
You understand and agree that this Member Agreement and any notices given pursuant to this Member Agreement are enforceable in electronic format.
14. Miscellaneous.
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. PPC's failure to act with respect to a breach by you or others does not waive PPC's right to act with respect to subsequent or similar breaches. The failure of PPC 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 shall be governed by and interpreted in accordance with the laws of the State of Iowa. The parties acknowledge that this Member Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Member Agreement. You agree that this Member Agreement and the Member rules and restrictions and policies contained herein, and PPC's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and PPC. This Member Agreement together with the rules and policies of PPC constitutes the entire agreement between PPC and you with respect to the subject matter hereof.