Effective Date: October 7, 2013
Welcome to the AskMyPsychic.com website located at www.askmypsychic.com (the “Website”). The services provided via the Website are For Entertainment Only. The services are only available to individuals who are 18 or older, and who are legal residents of the United States, the District of Columbia or Canada.
Acceptance of Agreement. This Agreement constitutes the entire agreement between AskMyPsychic and users of the Website and/or AskMyPsychic Services, and 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 may amend this Agreement from time to time, in our sole discretion, without specific notice to you. The most recent version of the Agreement will be posted on the Website. Your continued use of the Website and/or AskMyPsychic Services constitutes your acceptance of all of the terms and conditions contained within the Agreement effective at that time, as well as your acknowledgment of the reasonableness of these standards for notice of changes. We encourage you to review the Website and this Agreement periodically for any updates or changes.
Description of Services. AskMyPsychic connects its registered users with psychic advisors specializing in areas such as tarot, love and romance, career and goals, numerology, i-ching, dream analysis, pet psychics and more. Registered users can speak with psychic advisors via one-on-one online chat, a callback to the registered user’s directed number, or a toll free number. In addition to the aforementioned Services, AskMyPsychic also provides horoscopes for registered users and non-registered users of the Website. The opinions expressed by psychic advisors are not necessarily those of AskMyPsychic. Psychic advisors providing services via the Website and/or the toll free number are independent contractors of Circle of Stars, LLC or another contractor, and are neither employees of, nor supervised by, AskMyPsychic. Circle of Stars, LLC is neither owned nor operated by AskMyPsychic.
Registration & Your Account. To obtain an account and become a registered user of AskMyPsychic, you must first either complete our online registration form located at the Website, or contact an AskMyPsychic representative, and complete your registration over the email. The information you must supply during the registration process includes: 1) full name; 2) billing address; 3) call back telephone number (i.e., the telephone number at which you desire to be contacted to speak with a psychic); 4) e-mail address; and 5) credit card information (collectively referred to as “Registration Data”). You agree to provide true, accurate, current and complete Registration Data. You must also select a User Name and password (or PIN if you register by telephone) that will be used to access your account information on the Website or via the telephone. You are responsible for updating, and agree to keep current, your account information as necessary. AskMyPsychic will verify and approve all accounts in accordance with its standard verification procedures. For online registrations, once your registration is complete, a confirmation e-mail containing your User Name and password will be sent to the e-mail address provided during registration. You must keep your User Name and password confidential. AskMyPsychic will not release passwords for any reason, other than to the registered user, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your account. AskMyPsychic is not responsible for unauthorized use of your account. Your account is non-transferable. You may continue to use your account so long as you remain a registered user in good standing. You agree that you are responsible to AskMyPsychic for any and all charges resulting from the use of your account, even after your account is terminated.
Pricing & Billing of Services. You agree to be bound by the pricing and billing practices of AskMyPsychic. All charges are payable in United States Dollars. Currently, AskMyPsychic provides for a single payment option; credit card (Visa, Mastercard, American Express, Discover). Payments to AskMyPsychic may appear on your credit card statement as “AskMyPsychic.com” or as indicated during your web session or call to the toll free numbers. AskMyPsychic reserves the right to change its pricing and/or billing practices at any time, in its sole discretion. If AskMyPsychic deems the change to be material we will make reasonable efforts, such as updating these terms and conditions, sending you an e-mail, announcing it during the call to the toll free number or posting the change on the Website, to notify you of such change. All calls to and/or from Psychic Advisors are billed at a per minute rate. The rate for each Psychic Advisor is posted on the website. Except as provided below, the applicable rate for your call is the rate posted on the website and/or disclosed during the call for that Psychic advisor at the time of your call. The rates are subject to change and you are responsible for all charges incurred per call at the per minute rate as indicated on the website at the time of your call. The charges for the call will be billed to the credit card provided by you during registration or such other credit card that you may have subsequently provided.
Promotions and Introductory Offers. AskMyPsychic reserves the right to offer, from time to time, promotions or special offers and may limit promotional or special offers to first time or newly registered users. All offers are subject to change at any time and not all callers or online users may be offered all offers. AskMyPsychic has several classifications of psychic advisors including Top Rated, Elite and Master. Each psychic advisors profile indicates if they are top rated, elite or master. The promotional offers may have rates that differ for each of the classes of psychic advisors. The following offers are subject to availability, may be changed at any time and may not be available to you when you register for an account:
Conduct. In order to continue to enjoy the privileges of being an AskMyPsychic registered user, you must follow the guidelines set forth in this Agreement. As a registered user, you agree that you will not: 1) attempt to obtain the personal contact information of a psychic; 2) divulge your personal contact information to a psychic and request to be contacted directly; 3) use vulgar, harassing, obscene, privacy invading, or defamatory language during a psychic reading or in a psychic rating; 4) do anything to disrupt the operation of the AskMyPsychic website, services or network; 5) attempt to gain unauthorized access of the network to transmit “junk mail” or other mass mailings; 6) advertise or market any services or products; 7) post, upload or transmit false or misleading information or take any action that violates the rights of third parties; or 8) make false statements or attempt to use financial or other information that you are not authorized to use. The above items are not intended to be an all encompassing comprehensive list. At all times, AskMyPsychic reserves the right to revoke any member’s registration for conduct it deems harmful, offensive or merely inappropriate. Your psychic rating shall be accurate and may be posted and/or edited, in our sole discretion, and should not contain vulgar or defamatory language. Additionally, as a condition of your use of the Website, you represent and warrant to AskMyPsychic that you will not use the Website for any purpose that is unlawful or prohibited by the applicable terms, conditions notices of this Agreement. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not attempt to obtain any materials or information through any means not intentionally made available or provided for through AskMyPsychic.
Termination & Cancellation. You agree that AskMyPsychic, in its sole discretion, may terminate this Agreement and/or suspend your account (or any part thereof) at any time, without notice to you, in the event that AskMyPsychic: 1) reasonably believes that you are in breach of the Agreement; 2) reasonably believes that you have provided incomplete, inaccurate or untrue Registration Data; or 3) decides to discontinue offering the service. You may cancel your account at any time. Upon cancellation, your membership to use AskMyPsychic services, as set forth herein shall immediately terminate. If AskMyPsychic terminates this Agreement, or suspends your account for any of the reasons set forth in this Agreement, AskMyPsychic shall have no liability or responsibility to you, and AskMyPsychic will not refund any amounts previously paid and you forfeit all unused pre-paid minutes that may remain in your account. You understand and agree that cancellation of your account is your sole right and remedy with respect to any dispute with AskMyPsychic.
License Grant. As a visitor to the website and/or member, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Website (and its associated content) and/or Services in accordance with this Agreement. AskMyPsychic may terminate this license at any time for any reason whatsoever. You may use the Website and/or Services for your own personal, noncommercial use. No part of the Website and or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Services, Website content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Services. AskMyPsychic reserves any rights not explicitly granted in this Agreement.
Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through this Website. The posting of information or material at the Website by AskMyPsychic does not constitute a waiver of any right in such information and/or materials.
Third Party Websites. The Website and/or third parties may provide links to other Internet websites and/or resources. AskMyPsychic is not responsible for the content, terms and conditions and/or privacy policies on such websites. If you choose to link to a website not controlled by AskMyPsychic, AskMyPsychic makes no warranties, either express or implied, concerning the content of such website, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does AskMyPsychic warrant that such website or content is free from any claims of copyright, trademark or other infringement or the rights of third parties or that such website of content is free from viruses or other contamination.
CARRIER TRANSACTIONS AND CHARGES. Your dealings with any wireless, telecommunications, or other carrier (“Carrier”) in connection with accessing the Site or the Service, including payment for usage charges and delivery of any Software, 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. Ask My Psychic shall not be responsible or liable for any part of any such dealings or promotions.
NOTICES AND ANNOUNCEMENTS. By opting in to use our services including but not limited to using any Free Trials, promotions or special offers, you authorize us to notify you of information that Ask My Psychic deems is of potential interest to you. Notices and announcements may include commercial text messages or emails and other notices describing changes, upgrades, new products and services. You may unsubscribe or change your communication preference by accessing your account or following the unsubscribe link or instructions within the communication. DISCLOSURE AND OTHER COMMUNICATION. We reserve the right to send you messages through email, telephone or otherwise concerning the Service for the purpose of informing you of issues, changes or additions to the Service, or of any Company related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. By your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
Indemnification. You agree to indemnify, defend and hold harmless, AskMyPsychic and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys’ fees) arising from or relating to your use of the Website and/or Services, and any material that you submit to or transmit through the Website, your violation of this Agreement, your infringement or violation of the rights of another, or termination of your access to the Website and/or Services.
Disclaimer of Warranties. THIS WEBSITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AskMyPsychic 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 SUE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AskMyPsychic WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET OR TELEPHONE CONNECTION AND/OR ANY AND ALL SERVICES PURCHASED ON THE WEBSITE. AskMyPsychic ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED SETTINGS. NO ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY THE MEMBER FROM AskMyPsychic OR THROUGH USE OF THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Satisfaction Guarantee: We at AskMyPsychic want you to have a rewarding experience while enjoying our services. If for any reason your experience at AskMyPsychic does not meet with your satisfaction then we ask that you do the following is order to receive a one-time credit of either the amount paid (up to a maximum of the cost of the initial ten minutes of your call or online chat) or of an additional ten minutes of time so that you can speak or chat with another Psychic Advisor. In order to receive this credit we ask that you do the following: Send written feedback to customerservice@AskMyPsychic.com as to why your experience was unsatisfactory. Please provide as much information as possible including the advisors name and time of the call. Please provide this information within 72 hours as it is our position that the sooner we can address this problem the better the service we can provide our customers. You can also call customer service at 800-227-5669 and provide our friendly agents with the detail described above. Once we receive your detailed information we will, in our sole discretion, either: a) refund your credit card charges for that call by the amount you paid up to a maximum of the cost of the initial ten minutes of your call or online chat; or, b) credit your Member account with up to ten (10) complimentary minutes so that you can try another Psychic Advisor. In order for us to credit your account you must have a registered credit card on file with AskMyPsychic. The Satisfaction Guarantee contained herein is applicable only to New Members first call with a Psychic..
Limitation of Liability. YOU AGREE THAT AskMyPsychic AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF, THE WEBSITE OR ANY SERVICES OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR SERVICES, EVEN IF AskMyPsychic AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
Choice of Law & Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida, County of Pinellas. Any and all disputes arising out of this Agreement or the Services referenced herein shall be resolved by mediation, and if such mediation is unsuccessful, by binding arbitration under the auspices of, and pursuant to the commercial arbitration rules of, JAMS before a single arbitrator to be held in the State of Florida, County of Pinellas. IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
Legal Warning. Any attempt by any individual, whether or not an AskMyPsychic member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website and/or Services, is a violation of criminal and civil law and AskMyPsychic may elect to pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Customer Service. You may contact AskMyPsychic customer service via e-mail at CustomerService(at) AskMyPsychic.com