Insightful Psychics Terms & Conditions
Welcome. This is the Member Agreement, a contract between Insightful Psychics and you. As a business entity under the name Insightful Psychics, will hereinafter be cited as “Insightful Psychics.” Once your Members Sign-up Form is accepted by Insightful Psychics, you will be a “Member” with access to the Advisor Services and the Site in accordance to the terms and conditions and policies below. For convenience, the Insightful Psychics website, Mail, phone services and any material from Insightful Psychics will be cited as the “Site.” Any entertainment services, information and other services or products received from external Members (under Advisors capacity) or their Site listings will be cited as “Advisor Services.” Those members, who sign the given Member Agreement and who request or get similar from other Members shall be cited as “Members.” Those members who make listings or/and offer Advisor Services shall also cited as “Advisors”.
IT IS UNDERSTOOD THAT BY ACCESSING THE REGISTRATION PAGE, BY USING THE ADVISOR SERVICES AND THE SITE, YOU ARE CONSENTING TO ADHERE TO THE MEMBER AGREEMENT WHICH OBLIGATES YOU IN THE SIMILAR MANNER AS A WRITTEN CONTRACT DOES. USAGE OF THE ADVISOR SERVICES AND THE SITE IS SUBJECT TO THE MEMBER AGREEMENTS TERMS THAT INCLUDE THE DOCUMENTED TERMS INTEGRATED AT THE SITE. YOU MUST CONSENT TO ALL THE POLICIES STIPULATED IN THIS CONTRACT WITHOUT REVISION FOR YOU TO GAIN ENTRY TO THE WEBSITE AND THE ADVISOR SERVICES. IF YOU DONT CONSENT TO THE TOTALITY OF THIS MEMBER AGREEMENT, YOU ARE REFUSED ENTREE OR USAGE OF THE WEBSITE OR THE ADVISOR SERVICES.
1. Limited Website and the Advisor Services Usage Eligibility.
The Website and the Advisor Services could be accessed and used only by persons at a minimum of eighteen (18) years of age. Without this limitation, the Website and the Advisor Services are unable to suspend Members indefinitely or temporarily.
Usage of the Website or Membership is not permitted if your location is situated in a country (a) where laws prohibit usage or participation or (b) is banned from trading with the United Kingdom or the United States or its people.
2. Usage or provision of Advisor Services and Advisors consultations are at your personal risk.
(a) The Advisor Services and any information exchanged between Members are not evaluated, produced, provided or controlled by Insightful Psychics in any way. The services of verification contained in Advisor listings are from third parties. Insightful Psychics, neither supplies any content nor guarantees, verifies or represents any Advisor. Insightful Psychics also holds no editorial control over any content, sexually offensive or otherwise. Insightful Psychics is also not liable for any non-compliance by an Advisor with the laws or regulations on listings content. Insightful Psychics serves only as technology service allowing Members to correspond with one to another. The Site is not purposed as a payment avenue for the exchange of goods making Insightful Psychics not liable for any such transactions among Members. Insightful Psychics judgment should be applied in accessing the Website and the Advisor Services and in giving out confidential data to other Members, although Insightful Psychics recommends you against doing the latter. Insightful Psychics neither monitor Members feedbacks nor police Members in any manner. In case you notice lawful violations or fraudulent or violent actions among Members, Insightful Psychics advises that you ask help directly from the police.
(c) In case of conflicts with other Members as a result of using the Advisor Services, you waive all claims on Insightful Psychics and release them from all types of liabilities. A resident of California waives his rights as given in the California Civil Code §1542. Residents corresponding to other nations and states waive all their rights under statutes, analogous laws or regulations.
3. Modifications of the Member Agreement or suspension or termination of your site Usage could be done, without prior notice.
(a) The company reserves its sole discretionary right to revise or cease the website or to alter the conditions and terms of website usage, without notice. The applicability of the modifications will commence after be thirty days after initial posting on the website. Revisions to the given Payment Policy will be effective after the fourteen (14) day notice provided by Insightful Psychics to Advisors through email. You could opt to end your Website and the Advisor Services usage should you find any revision unacceptable. If you continue to use Insightful Psychicss services following a revision posting, it is already understood that you agree to adhere to the new policies.
(b) Without prior notice, your membership or Site access may be suspended or terminated by Insightful Psychics at any time. Furthermore, Insightful Psychics, without notice, may notify the authorities and/or your bank or take any action they deem appropriate, (i) if you are suspected of non-compliance to the provisions stipulated in your contract (ii) if the billing information you provided could not be authenticated by Insightful Psychics, and/or (iii) if your actions are suspected to be illegal and could cause liabilities. In turn, you also hold rights to end your membership with Insightful Psychics. However, your payment obligations to Insightful Psychics will not be affected by any termination, suspension or cancellation done.
4. The Site is a location for Member listings.
The company serves only as a communications interface facilitator among Members. You are accountable for all essential equipment needed for the Website and the Advisor Services access and usage and for all tax reports and payments related to Insightful Psychicss fees.
5. You alone are liable for all Website and the Advisor Services usage and for the payment of all purchased Advisor Services under your personal password and Member information.
(a) The Advisor Services rates are stipulated under the relevant Advisor listing. By “transaction” we mean any recorded or live call or any Mail correspondence from an Advisor, who charges fees for responses by email (“Paid Mail”) done through the Site utilizing your password and Member account data. You hereby give Insightful Psychics full authority on any fee collection done through deducting from your Member account at the end of each transaction. Recorded and live calls are charged according to the per minute listed rates and call duration calculations or to Insightful Psychicss periodic offers of a priced package of bulk time. Bulk calls have expiry dates and refunds are not given if you are unable to use up all your call time by the date of expiration. As the recipient of a Pad Mail, you are immediately charged upon acceptance. You give Insightful Psychics authority to make necessary verifications on your Member account or/and listing informations validity.
(b) You consent to preserve your Member account information and passwords confidentiality and to look over all actions that happen under them.
(d) Based on the company’s sole discretionary powers in determining the Member account’s usage and factors, they may ask for your credit, identity or/and background informations verification for your continued Site usage. In such cases, you consent to giving Insightful Psychics the added information requested and to get a customer credit report from customer credit reporting companies and to confirm the identification.
6. You consent compliance with the following on the Website or the Advisor Services access or usage:
(a) You (being an Advisor giving Advisor Services) will be held accountable for content provisions and listings content made under the Member account.
(b) You (being a Member getting Advisor Services) cannot store or record any Advisor Services gotten through the website. In the same way, you (being an Advisor giving Advisor Services) shall not also do the same with any calls made with Members. Despite this, Advisors may offer a pre-recorded voice Advisor Service (or a “Recorded Listing”, as identified on the Sites Help page) to Members with conformity to the Advisor Rules Policy.
(c) The Site is not to be used for any acts that are unlawful or adverse to this contract and with Insightful Psychicss policies. Your full cooperation with Insightful Psychicss investigation of any alleged unlawful activity should include giving authorized representatives entree to any part of the Member account.
(d) You shall neither ask nor give advice, orally or written, pertaining to securities value or to the feasibility of securities investment, purchase or sale.
(e) You shall perform all charged communications with Members solely through the website and shall not use external payment services.
(f) The Site should not be utilized as a means to harass other Members or as an interference to the Sites utilization or enjoyment by another.
(g) Dont attempt to access the Sites computer systems, networks or Members account information without authority.
(h) Dont attempt to get any data or materials pertaining to the website through ways that are not offered intentionally through it.
(i) Dont copy any Site portion without an expressed written authorization from Insightful Psychics.
(j) Continue providing Insightful Psychics with accurate payment registration data that is current. Update personal contact data given to Insightful Psychics promptly, as necessary. Don’t impersonate, use fake identities or utilize a name you’re not sanctioned to use.
(k) Don’t use the website for Member solicitation, for product or service promotion not under the data services stated under the Member listing, for provision of any services or products pertaining to lottery number data success claims or for making marketing proposals.
(l) Transmission of “spam”, “chain letters” or “junk mail or unasked notice board postings or emails mass distribution or transmission of requests for contractors, employees or consultants or for other website participation is not allowed. For further stipulations, view our Anti-Spam Policy.
(m) The Site is not to be used for give-away, bonus item, prize, game of chance, contest or random drawing promotions.
(n) Don’t do anything that may de-value the referral system of Members or the feedback system for Members utilized to secure Member feedback. This includes imparting negative comments for a Members failure to do something that is beyond the service scope stipulated in his Member listing.
(o) Don’t make offensive, defamatory, obscene, hateful or tasteless content or Member names for listings.
(p ) Stand by all applicable regulations and laws regulating your actions pertaining to the website and (being an Advisor giving Advisor Services) be held liable for following the particular requirements of relevant record keeping laws, which include but are not limited to, the meeting of the requirements of regulations such as 18 U.S.C. 2257 and others.
(q) Don’t instruct or encourage other individuals to conduct the foregoing or go against Member Agreements terms and company policies.
7. Between the different parties, the company shall hold all website ownership including any content made or gotten from the website and all URLs.
You shall hereby give to the company all rights, interests and titles in and to any ratings, suggestions, materials or/and comments you submitted under the feedback system for Members. You give the company the right to utilize or document your name elsewhere and on the website for its promotion without your approval or compensation.
8. As an Advisor, you are subject to and need to comply with Insightful Psychics’s Payment Policy and Advisor Rules Policy.
Insightful Psychics’s Payment Policy and Advisor Rules Policy are found on the Payment Policy pages and Advisor Rules Policy and are integrated into this contract by documentation.
9. Maintenance Fee for the Account.
A Maintenance Fee of 2 dollars ($2.00) each month may be charged by the company for all Members. However, the company may waive the fee for twelve-(12) month period for all active accounts.
10. Any Website and the Advisor Services warranties or representations are disclaimed by Insightful Psychics.
THE WEBSITE AND ANY ADVISOR SERVICES OR COMMODITIES ACQUIRED THROUGH THE WEBSITE ARE SUPPLIED “AS IT IS”, WITH NO KIND OF WARRANTY OF ANY SORT. THE COMPANY AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES PERTAINING TO THE WEBSITE, THE ADVISOR SERVICES AND EVERY CORRESPONDENCE BETWEEN MEMBERS DONE THROUGH THE WEBSITE. Furthermore, the company makes no guarantee that the Sites operation will be fault free. Certain states don’t permit warranty exclusions, so the above-stated exclusions in some cases may not be applicable to you.
11. The company’s liability for your Website and Advisor Services entree and usage is limited. You alone are accountable for your Sites usage.
THE COMPANY OR ITS SUPPLIERS ARE IN NO WAY ACCOUNTABLE FOR ANY DAMAGES RESULTING FROM OR PERTAINING TO THE SITE AND ADVISOR SERVICES USAGE, REGARDLESS OF THE COMPANY BEING ADVISED OF THE POTENTIAL OF SUCH DAMAGES. WITHOUT CURBING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS SUPPLIERS AGGREGATE ACCOUNTABILITY TO YOU, PERTAINING TO THIS AGREEMENT, SHALL NOT EXCEED (a) Insightful PsychicsS TOTAL FEE EARNINGS FROM YOU (FOLLOWING PAYMENTS TO OTHER THIRD PARTIES AND ADVISORS) IN THE PAST 12 MONTHS (b) 100 DOLLARS (ONE HUNDRED). The limitation or exclusion of damages is not permitted in some states, so the stipulations above may not be applicable to you.
YOU CONSENT TO HOLD Insightful Psychics AND EVERYONE UNDER THEM AS HARMLESS AND DEFEND THEM FROM ANY ACCOUNTABILITY RESULTING FROM YOUR UTILIZATION OF THE WEBSITE OR FROM THE ADVISOR SERVICES PROVISION, INCLUDING ANY ACCOUNTABIILITY OR COSTS RESULTING FROM ALL LOSSES, DAMAGES, SUITS, LITIGATION COSTS, JUDGMENTS, ATTORNEYS FEES AND CLAIMS,, OF ANY KIND. In each case, the company will give you formal written notice pertaining to such action, claim or suit. Insightful Psychics has the right to hold back payments to you to set off costs and accountabilities covered here.
12. The company bans the illegitimate utilization of copyrighted trademarks and materials.
THE WEBSITE OR THE ADVISOR SERVICES SHALL NOT BE UTILIZED BY YOU FOR THE TRANSMISSION OR PROVISION OF CONNECTIONS TO STORE MATERIALS THAT VIOLATES COPYRIGHTED TRADEMARKS, WORKS OR INFRINGES OR ENCOURAGES THE VIOLATION OF ANY THIRD PARTYS RIGHTS ON INTELLECTUAL PROPERTY.
Insightful Psychics has espoused and set in place a policy, given below, that stipulates for the appropriate cessation of Members that violate or suspected to violate copyright holders’ rights or of those who hold federally registered trademarks. This also applies to those who hold unregistered trademarks in specific circumstances.
The company’s Trademark Related and Copyright Policy:
If you think that your work has been plagiarized in a manner that violates your copyright, please given the company’s Copyright Agent stated below with the following data as required under 17 U.S.C. § 512:
(a) An electronic or physical signature of a certain person empowered to represent a the sole right owner that has allegedly been violated;
(b) Verification of the copyright work claimed as infringed, or a representative list of such works in the Site, if multiple copyrighted works at a single online site are covered by a single notification;
(c) Verification of the material claimed to be infringed or the subject of infringement, that is for removal or disabling of access and information enough to allow Insightful Psychics to find the material;
(d) Fairly sufficient information that allows Insightful Psychics to contact the complainant, including a name, telephone number, address and an email address;
(e) A statement on the complainants belief that utilization of the content in the manner that is subject to the complaint is not approved by the copyright owner, law or agent; and
(f) Statement that notifications information is accurate and that the complainant is empowered to represent the owner of the exclusive right allegedly infringed.
On receipt of such notice as depicted above, the company will employ the deemed appropriate action, at its discretion, including removing the challenged material from the website or/and the cessation of the Member account.
If you firmly think that a Member or Advisor is utilizing your federally registered trademark in a manner bordering on infringement or trademark, please provide Insightful Psychics with this following:
(a) An electronic or physical signature of a certain person empowered to represent the owner of the registered trademark;
(b) Enough information to allow the company to get in touch with the owner of the registered trademark or its relevant agent, including a name, telephone number, address, and even an email address;
(c) Identification of the infringed trademark(s), including a copy of every relevant certificate of federal trademark registration;
(d) Fairly sufficient information that allows Insightful Psychics to pinpoint the use being disputed by the owner of the registered trademark;
(e) Statement on the registered trademark owners non-authorization of the challenged use and on his belief that the challenged use is not lawfully authorized; and
(f) A statement that the notification information is accurate and that the complainant is the owner of the registered trademark or is entitled to represent him.
On receiving notice of the challenges use, Insightful Psychics will verify the trademarks federal registration existence and will employ the deemed appropriate action, at its discretion, including deletion of the challenged trademark from the website, giving notice to the Member or Advisor in question, if, under Insightful Psychicss discretion, it is concluded that the name or the mark in use is similar to the mark registered and is utilized in relation with products or/and services coming under the owners federal registration. This is unless the Member or Advisor presents his own registration or approved application covering the challenged use.
Despite this, Insightful Psychics will appropriately comply with the conditions of any court order pertaining to the challenged party’s behavior determined therein.
13. Other Website Links.
The website may provide website links others site apart from its own for reference purposes only. Insightful Psychics, however, neither endorses nor controls these websites and its contents and its operators association.
Notices or other correspondence provided hereunder will be given in writing and forwarded (a) by Insightful Psychics via facsimile, United States email or mail (to the address or number that is provided), and (b) by you through email. The receipt date shall be assumed as the transmission date of such notice in the cases of email or facsimile and 5 days after receipt by the Postal Service of the US.
15. Regarding Assignment.
You cannot give the Member Agreement or delegate any such rights or any obligations stipulated, in part or whole, by operation of law or voluntarily, without the company’s prior written consent. Any such supposed delegation by you, without Insightful Psychics’s prior written consent of Insightful Psychics, will be null and void, unless Insightful Psychics expressed content under its absolute discretion. However, Insightful Psychics may assign this Agreement or any rights hereunder without your consent.
16. The Parties Relationship.
Despite the provisions stipulated in this Member Agreement, each party is independent and acts alone, not as a contractor, partner, joint venture, agent, employee or employer of the other and shall not bind or attempt to bind the other to any contract.
Any claim or controversy resulting from or pertaining to this Member Agreement, the breach thereof, or its subject matter shall be settled by binding arbitration in conformity with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable.
The arbitration shall be conducted in San Francisco, California, and the arbitration award judgment may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Insightful Psychics, 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.
18. You agree to utilize (a) electronic means for the completion of this Member Agreement, to use the Website and the Advisor Services and for provision of any notices pertaining the stipulated agreement, and (b) electronic records to keep relative information to this Member Agreement or your Site usage.
You can ask a hard copy of this Member Agreement and any other records pertaining to this or your Site usage by sending a written request to Insightful Psychics. You understand and consent that this Member Agreement and any notices given pursuant to this are electronically enforceable.
Should any Member Agreement provisions be found invalid or unenforceable, such provision shall be superseded by a valid, enforceable provision that most closely matches the original provisions intention. Insightful Psychics’s failure to act with respect to a breach by you or others does not waive Insightful Psychics’s right to act pertaining to subsequent breaches. Insightful Psychics’s failure to exercise any right under these terms and conditions shall not constitute a waiver of such right or provision. This Member Agreement shall be governed by and interpreted in conformity the laws of the California state. The parties acknowledge that this Agreement is a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this contract. You consent that this contract and the Member policies contained herein, and Insightful Psychics’s enforcement thereof, are not intended to confer and do not confer any rights upon any person other than you and Insightful Psychics. This Member Agreement together with the policies of Insightful Psychics constitutes the entire agreement between Insightful Psychics and you pertaining to the subject matter hereof.