Customer Terms of Use

Last updated: August 30, 2024

Please read these Customer Terms of Use ("Customer Terms", "Customer Terms of Use") carefully before accessing or using the www.iopsychics.com/ website [and any access to the same from social media including but not limited to Instagram, X (f/k/a Twitter), TikTok, Facebook, and YouTube], including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively the “Website”) or opting in to or otherwise participating in the SMS text messaging program for receipt of text messages from the Company (the “SMS Program”) (the Website and the SMS Program are referred to herein collectively as the “Service”), each operated by IO Psychics, LLC d/b/a IOPO (“Company”, "us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Customer Terms. These Customer Terms apply to all visitors, users and others who access or use the Service (collectively “you”, “your”, or “user”).

YOU AGREE THAT WHILE THE COMPANY HAS ATTEMPTED TO BE HOLISITC IN THESE CUSTOMER TERMS, THAT THE COMPANY HAS THE EXCLUSIVE AND SUPERIOR RIGHT TO REGULATE YOUR USE OF THE SERVICE IN ANY WAY AND AT ANY TIME, EVEN IF THESE CUSTOMER TERMS ARE SILENT OR AMBIGUOUS AS TO OUR SPECIFIC RIGHT TO DO SO. BY ACCESSING, USING, OR PARTICIPATING IN THE SERVICE, YOU AGREE TO BE BOUND BY THESE CUSTOMER TERMS. IF YOU DISAGREE WITH ANY PART OF THE CUSTOMER TERMS, THEN YOU MAY NOT ACCESS THE SERVICE AND MUST CEASE ANY SUCH USE IMMEDIATELY.

PRIVACY POLICY

We respect the privacy of the Service users. Please refer to our Privacy Policy found here: which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE

The Service allows you to access third-party psychic reading providers and other related content providers purely for entertainment purposes only. With respect to the terms of use of the Service by such third-party psychic reading providers, please refer to our Psychics Terms of Use found here: Nothing on the Service or otherwise accessed from the Service by you via hyperlink or otherwise provided by a third-party (e.g., a psychic reading) via the Service is to be construed as professional advice or professional services (including, but not limited to, a psychologist, psychiatrist, doctor, other medical or psychological professional, attorney, accountant, financial advisor) but consists merely our individual opinion provided by us for entertainment purposes only. We are not responsible for any actions or inactions that you may take based upon the use of the Service and we assume no responsibility for errors or omissions in the content on the Service, nor do we assume a duty to vet or monitor the content on the Service for accuracy. If you believe that any third-party psychic reading provider is or has violated our Psychics Terms of Use, please report any suspected violations of the same to us by email to our Account Officer at reporting@iopsychics.com.

NATURE OF THE SERVICE

The Service is structured to coordinate for you, direct access to third-party services providers providing psychic reading services and similar services remotely via online chat, telephone, voice chat, or video/voice chat purely for entertainment purposes only and to streamline your payment for the same via your dedicated client account with us. We do not provide any warranties of any kind, express or implied as to any of the services provided by the third-parties engaged by you via the Service.

REGISTERING FOR THE SERVICE

While some content on the Website is openly available without charge, access to all aspects and functionality of the Service requires you to register with the Service by creating an account. Once an account has been made, a user can prepay the Company to access the services offered by one or more of the third-party services providers providing psychic reading services and similar offered services.

CHARGES RELATIVE TO THE SERVICE; CANCELLATION OF SERVICES RELATIVE TO THE SERVICE; REWARDS POINTS

All charges relative to the Service are to be paid by you using one of the payment methods offered by the Company relative to your account and paid for through the Website, or by use of Rewards Points (as defined below). Such charges consist of prepayments for funds on account to purchase one or more services from the third-party service providers which you may access via the Service. All funds which are paid to the Company relative to your account are non-refundable and cannot be withdrawn. Once purchased, these funds can only be spent on one or more services from the third-party services providers which you may access via the Service.

By paying for a service from one of our third-party service providers on the Service, you will earn rewards points for funds on your account which are applied for the same (the “Rewards Points”). Such Rewards Points: 1) have no cash value; 2) are not transferable; and 3) cannot be used in combination with any other discounts or offers which may be offered relative to the Service. Rewards Points may be used at checkout when paying for and scheduling a service offered by the third-party service providers, and may be used to pay for entirely, or discount such service depending on the number of Rewards Points applied by you to the payment of such service as further described in these Customer Terms. In the event you choose to apply Rewards Points to the payment for a scheduled service relative to the Service, you will not accrue any additional Rewards Points from this transaction. 100 Rewards Points shall be substitutable for the equivalent to One United States Dollars ($1.00) worth of prepaid funds on your account relative to payment for any service offered by the third-party service providers. As such, Rewards Points shall only be usable in increments of one hundred (100). Your Rewards Points can be viewed at any time on your account dashboard when logged in to your account relative to the Service If you have any questions regarding Rewards Points, please contact us via social media, the SMS Program, or by contacting customer support on the Website.

You may cancel a service paid for by you via one of the third-party service providers on the Service at any time; however, you will not receive a refund of either prepaid funds or Rewards Points utilized relative to such service cancellation unless otherwise stated in these Customer Terms.

We (and any third-party services providers which you may access via the Service) reserve the right to modify fees and charges relative to the various services offered by the third-party service providers and/or to introduce new charges for the same at any time, with the exception that once a service has been purchased by you the cost of such service cannot be modified. In the event that a third-party service provider is unable or unwilling to provide a scheduled and paid for service, you may reschedule such service or receive a refund for the same from the Company at your election.

You agree to provide us with complete and accurate billing, contact information, and valid credit card information relative to your account on the Website for the duration of your use of the Service. You agree to update your information within thirty (30) days of a change in any of this information, or prior to purchasing any of the services offered via the Service, whichever is sooner.

GOVERNING LAW; VENUE

The Service is governed by the laws of the State of Michigan and of the United States of America, expressly excluding the United Nations Convention on Contracts and the Convention for the International Sale of Goods (CISG) to the extent the same applies to the Service. If you are accessing the Service from outside the United States, we make no claim or representation that the Service is permitted, or lawful for use outside the United States. Any legal action between you and us shall take place in the state and federal courts of the State of Michigan, with the appropriateness of such courts depending on the parties involved and the relief sought. By accessing the Service, you irrevocably submit to the applicable law and venue set forth above, consent to personal jurisdiction in such courts, and forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our employees, independent contractors (including any of our third-party service providers), agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or in connection with: 1) your access to and use of the Service and interaction with any of our third-party service providers, by you or any person using your client account; 2) any violation or breach of these Customer Terms, the Psychics Terms, the Privacy Policy, the Disclaimer, any other agreement between you and us that governs your use of the Service, or of any of your representations and warranties under the same; 3) a violation of any law or the rights of any third party under applicable law relative to your use of the Service; or 4) any User Content, Third-Party Sites, or Third-Party Applications, Software or Content and any other content which you may have posted or uploaded on the Service which violates or breaches these Customer Terms, the Psychics Terms, the Privacy Policy, the Disclaimer, any other agreement between you and us that governs your use of the Service.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE; CANCELLATION OF ACCOUNT

If you are a resident of the United States of America, you need to be at least eighteen (18) years old and a resident of the United States to register for and use the Service. Access, use, and registration for the Service is strictly prohibited by anyone under the age of eighteen (18). If you are not a resident of the United States of America, you are prohibited from registering for the Service if doing so would violate applicable local, regional, or federal laws of your country of domicile. You acknowledge and agree that the Service intends to provide the information contained therein for entertainment purposes only, and that we do not represent or warrant that you will be able to participate in the services offered by the Service in your country and local area of residence.

If you are a user who signs up for the Service, you will create a personalized account, which includes a unique username and a password to access the Service and to receive messages and notifications of new content on the Website from us. You may also opt-in to the SMS Program to receive these messages, notices, and advertisements from the Company from time to time on your cell phone or mobile device. You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password and/or account. Subject to these Customer Terms, you may cancel your account with the Service at any time.

We may remove or deactivate your personalized account relative to the Service at any time for any reason at our sole discretion, including but not limited to, your noncompliance with these Customer Terms, violation of applicable law, or our receipt of claims or allegations from third parties or authorities relating to alleged violations of the same. In the event your account relative to the Service is terminated (either willingly by you or by us for any of the reasons stated in these Customer Terms, the Psychics Terms, the Privacy Policy, or the Disclaimer) you will not be refunded any prior deposited funds or Rewards Points associated with your account, and such prior deposited funds or Rewards Points shall be considered null and void immediately upon the cancellation of your account.

USE AND CONDUCT RESTRICTIONS.

Your permission to use the Service is also conditioned upon the following Use Restrictions and Conduct Restrictions, and you agree that you will not under any circumstances:

1. State, gesture, post, or share any information with any third-party service provider relative to the Service that is abusive, threatening, obscene, defamatory, libelous, pornographic, or racially, sexually, religiously, politically, or otherwise objectionable or offensive. If you experience any of the same from a third-party service provider, you must end the mode of service via the Website immediately and report the same to us at reporting@iopsychics.com;
2. State, gesture, post, or share any information with any third-party service provider relative to the Service that is sexual, indecent, or explicit in nature, or (with respect to video) involves indecent exposure. If you experience any of the same from a third-party service provider, you must end the mode of service via the Service immediately and report the same to us at reporting@iopsychics.com;
3. State, gesture, post, or share any information with any third-party service provider relative to the Service that is related to evil spirits or souls, black magic, spell casting, curses, voodoo, or other similar topic which is directed towards harming another person or entity, regardless of fiction involved. If you experience any of the same from a third-party service provider, you must end the mode of service via the Service immediately and report the same to us at reporting@iopsychics.com;
4. State, post, or share any information with any third-party service provider relative to the Service any communication or solicitation designed or intended to obtain personal information of a third-party service provider;
5. State, post, or share any information with any third-party service provider relative to the Service any spam messages, fake news or fake content, or refer to any site where such content is contained;
6. State, post, or share any information with any third-party service provider relative to the Service a link to malicious content intended to damage or disrupt another user’s browser or computer;
7. Use the Service for any unlawful purpose or for the promotion of illegal activities;
8. Use the Service for any other purpose than stated in these Customer Terms;
9. Use the Service for any commercial purpose, or for any purpose other than personal entertainment use;
10. Attempt to, or harass, abuse or harm another person or group, including but not limited to any third-party service provider you may interact with relative to the Service;
11. Use another user’s account or allow another user to use your account to access the Service;
12. Provide false or inaccurate information to the Company when registering an account for the Service;
13. Interfere or attempt to interfere with the proper functioning of the Service;
14. Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
15. Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data, or take any similar actions relative to the Service which harms or has a tendency to harm the Service, the Company, any third-party service provider providing services relative to the Service, or any other person accessing or using the Service; or
16. Take any other action relative to your use of the Service which is violative of local, regional, of your country of domicile, or of the United States of America;
17. Utilize artificial intelligence or any other video or audio technology (e.g., voice modulators, sounds boards, etc.) while accessing or utilizing the Service. Your participation via the Service should be limited to your own voice and/or image without modification; or
18. Continue to engage in services from a third-party service provider after learning or suspecting that they are under the age of eighteen (18). Although the Company makes best efforts to ensure that no one is able to access the Service that is under the age of eighteen (18), an individual may fraudulently access the Website by misrepresenting the same in registering their provider account. If a third-party service provider makes statements that they are under the age of eighteen (18) or you suspect the same to be true, you must end the mode of service via the Service immediately and report the same to us at reporting@iopsychics.com.

Any use of the Service in violation of the foregoing violates these Customer Terms and may result in the termination or suspension of your access to the Service, and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

POSTING AND CONDUCT RESTRICTIONS.

When you create your own personalized account, you may be able to provide commentary relative to your experiences while utilizing the Service (collectively “User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available to third parties via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. However, we reserve the right to remove any User Content from the Service at our sole discretion, at any time, for any reason (or no reason).

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:

1. You are solely responsible for your account and the activity that occurs while signed into or while using your account;
2. You will not post information that is malicious, false or inaccurate;
3. You will not post any information that is abusive, threatening, obscene, defamatory, libelous, pornographic, or racially, sexually, religiously, politically, or otherwise objectionable and offensive;
4. You will not post any communication or solicitation designed or intended to obtain another user’s account information or password;
5. You will not post a link to malicious content intended to damage or disrupt another browser or computer;
6. You will not employ spam messages, or post any fake news or fake content, or refer to any site where such content is contained;
7. You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secrets, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
8. You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Customer Terms of Use, remove any and/or all of your submissions, and terminate your account on the Service with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. User will indemnify and hold harmless us for any and all claims levied against us related to any User Content.

Any User Content posted by you which violates the foregoing shall be considered a violation of these Customer Terms and may result in the termination or suspension of your access to the Service and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

Upon using any of the services offered as part of the Service, you will be able to leave reviews of the services you have received from any third-party service provider. Any genuine review will not be removed by us for any reason other than if the same violates our Posting and Conduct Restrictions in these Customer Terms of Use or the Psychics Terms. You shall not place, or cause to be placed, any illegitimate reviews relative to any third-party service provider. If you believe that any third-party service provider has received a false or fictitious review, please report the same by immediately emailing the Company at Reporting Email Address reporting@iopsychics.com with all available information regarding the same for our review. The veracity of any review is, at all times, at the sole discretion of the Company and we reserve the right to remove a review at any time and for any reason or no reason.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third-party website(s), including but not limited to those relative to our third-party service providers (“Third-Party Sites”) as well as content or items belonging to or originating from third parties, including but not limited to those relative to our third-party service providers (the “Third-Party Applications, Software or Content”). We have no control over Third-Party Sites and Third-Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software or Content. Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

1. (a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who infringe upon the intellectual property rights of others. We may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
2. (b) TDMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to our designated copyright agent at Address 1/PO Box, Address 2:
   1. The date of your notification;
   2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   3. A description of the copyrighted 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 that site;
   4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
   5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
   6. A statement that you have 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
   7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. (c) Counter-Notices. If you believe that your User Content that has been removed from the Website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
   1. Your physical or electronic signature;
   2. A description of the User Content that has been removed and the location at which the content appeared before it was removed;
   3. A statement that you have a good faith belief that the User Content was removed as a result of mistake or a misidentification of the User Content; and
   4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Michigan and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed User Content may (at our discretion) be reinstated on the Website in 10 to 14 business days or more after receipt of the counter-notice.

INTELLECTUAL PROPERTY

All content located on the Service, including but not limited to images, text, and video clips are our intellectual property (or the intellectual property of one of our third-party service providers as the case may be), which is protected by United States Copyright law, international copyright laws, and other copyright laws which may apply to your access to content on the Service. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights, and that your sole right to the Service consists of the limited right to access and use of the Service. Other product and company names that are mentioned in the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Customer Terms.

You further agree not to reproduce, distribute, modify, create derivative works, publicly display or perform, republish, download, store, or otherwise transmit any of the content located on the Service without our written express permission to do the same. Engaging in any of the foregoing violates these Terms and may result in the termination or suspension of your access to the Service and may also result in our pursuit of damages and other remedies from you to the fullest extent permitted by law.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant (and you represent and warrant that you have a right to grant) to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service. You will indemnify and hold us harmless for any and all claims levied against us related to any User Content, including claims for infringement.

Subject to these Customer Terms and your compliance with the same, we grant you a non-sub-licensable, non-transferable, limited, revocable, non-exclusive, personal, license to use the content and services provided relative to the Service solely for personal entertainment use and not for any commercial or other purpose, including but not limited to, any purpose otherwise specifically prohibited under these Customer Terms. These are your only rights relative to any content relative to the Service and you have no right to utilize the same in any other manner whatsoever.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s e-mail and messaging system, or via the SMS Program, will not constitute legal notice to us or any of its officers, employees, agents or representatives in any situation where notice to us is required by contract or any law or regulation.

CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that the Customer Terms of Use, and any and all other agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address and/or the SMS Program to send you other messages, including information about us and special offers. You may opt out of such email or the SMS Program by changing your account settings on the Website or sending an email to our Account Officer at Cancellation Email Address cancel@iopsychics.com.

You acknowledge that opting out of either of the foregoing may prevent you from receiving messages regarding us or the Service.

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR OUR LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF OUR OR YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with any of the third-party service providers you access via the Service, any Third-Party Sites, or any Third-Party Applications, or any Software or Content you access as a result of using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

MODIFICATION OF CUSTOMER TERMS OF USE

We can amend these Customer Terms of Use at any time and will update these Customer Terms of Use in the event of any such amendments. These Customer Terms were last revised on the date stated at the top right of these Customer Terms. It is your sole responsibility to check the Website from time to time to view any such changes in these Customer Terms. If you continue to use the Service, you signify your agreement to our revisions to these Customer Terms of Use. Despite the foregoing, we will endeavor to notify you of material changes to the terms by sending an email to the email address you provided to us on your account. For this additional reason, you should keep your contact and profile information current on your account for the Website. No purported waiver or modification of these Customer Terms by the Company via telephonic, email, or SMS/text message communications shall be valid.

GENERAL TERMS

The entire agreement for use of the Service between us and you are contained in these Customer Terms, the Psychics Terms, the Privacy Policy, and the Disclaimer, each of which are maintained by us in current form via hyperlinks on the Website. If any part of these Customer Terms is held invalid or unenforceable, that portion of the Customer Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of us to enforce any provision of these Customer Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Customer Terms will survive any termination of the same with respect to you.

You agree that any claim or cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Customer Terms of Use and your use of the Service are governed by the federal laws of the United States of America and the laws of the State of Michigan, without regard to conflict of law provisions.

We may assign or delegate these Customer Terms of Use and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Customer Terms of Use or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE CUSTOMER TERMS OF USE, UNDERSTAND THE CUSTOMER TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE CUSTOMER TERMS OF USE TOGETHER WITH THE PSYCHICS TERMS, PRIVACY POLICY, AND THE DISCLAIMER REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.