This is a legal agreement between you and Psychic Miracle Network
and hereinafter referred to as " Psychic Miracle Network."
If Psychic Miracle Network 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 Psychic Miracle Network website,
Mail (any email you send from your Member account to another Member), phone services (including services available through
Click 4 Advisor© and other numbers that Psychic Miracle Network maintains for access by Members) and any content therein provided
by Psychic Miracle Network
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 Psychic Miracle
Network 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 Psychic Miracle Network
liability and obligations to you and allow Psychic Miracle Network to change, suspend or terminate your access to and use
of the Site and Advisor Services. Carefully read the following terms and conditions. The following policies and rules are
incorporated into the Member Agreement.
YOU UNDERSTAND THAT
BY REGESTERING WITH Psychic Miracle Network AND CLICK 4 ADVISOR©YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT THAT
BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USage OF THE SITE AND ADVISOR SERVICES IS SUBJECT TO THE TERMS
OF THIS MEMBER AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE Psychic Miracle Network SITE. THESEARE
INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES
AND NOTICES REFERENCED IN THIS MEMBER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND ADVISOR SERVICES. IF YOU DO NOT ACCEPT
THIS MEMBER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE Psychic Miracle Network OR ADVISOR SERVICES.
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.
The Psychic Miracle Network 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 (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative
act or (b) is prohibited from entering into trade relations with the United States 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.
(a) Psychic Miracle Network 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 Psychic Miracle Network does not
itself provide any advice. All information is for entertainment purposes only! Psychic Miracle Network does not guarantee
or make any representations regarding the identity or qualifications of any Advisor. Psychic Miracle Network acts as a technology
service that allows Members to share information, entertainment services or other products or services among themselves. Psychic
Miracle Network helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result. Psychic
Miracle Network 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 the Psychic Miracle Network Site. Psychic Miracle Network is not responsible
for use or exchange of any information between Members. You are solely responsible for using Psychic Miracle Network and Advisor
Services. Psychic Miracle Network recommends that you do not disclose personal contact information to Members. If you do,
you do so at your own risk & liability! If you ever believe that a Member has violated the law or is defrauding, threatening
or endangering anyone, Psychic Miracle Network urges you immediately to contact the police directly for help. In addition
Psychic Miracle Network does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members
to meet with them in person!
3. Psychic Miracle Network
may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) Psychic Miracle
Network may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice
to you.
4. The Site is only a venue
for Member listings. Psychic Miracle Network acts only as an interface for communications initiated between Members. As a
Member, you are not an employee, agent or contractor of Psychic Miracle Network, and you shall not represent that you are
any of the foregoing. You are solely responsible for all equipment necessary to access and use the Psychic Miracle Network
Site and Advisor Services, and for reporting and payment of all taxes associated with fees transferred to you by Psychic Miracle
Network.
5. You are solely responsible
for all use made of the 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.
(a) The rates for Advisor Services are as set forth by Psychic Miracle
Network You hereby authorize Psychic Miracle Network 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 calls are calculated
based on the per-minute rate listed and the duration of the call. Fees for recorded calls are determined based on the listed
fee. You authorize Psychic Miracle Network, directly or through third parties, to make any inquiries we consider necessary
to validate your Member account and/or listing information. This may include ordering a credit report and performing other
credit checks or otherwise verifying the information you provide.
(b) 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 any non-Members in 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.
(c) You agree that Psychic Miracle Network 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 Psychic
Miracle Network may use information provided by you as described in the privacy policy.
(d) Based on Member account use and other factors identified by
Psychic Miracle Network in its sole discretion. Psychic Miracle Network may require verification of your credit, identity
and/or other background information in order for you to continue using the Site. In such event, you agree to provide Psychic
Miracle Network with additional information that may be requested. You hereby consent to Psychic Miracle Network disclosure
of your personal information to third-party service providers in order to verify your credit, identity and/or other background
information, and you authorize Psychic Miracle Network to obtain a consumer credit report from consumer credit reporting agencies
and to verify your identification.
6. In using or accessing
the Site or Advisor Services, you agree to comply with the following:
(a ) You (as a Advisor providing Advisor Services) are solely responsible
for the content provided and the content on listings created under your Member account.
(b) You (as a Member receiving Advisor Services) will not record
or otherwise store any live or pre-recorded voice Advisor Services that you receive through the Site. You (as an Advisor providing
Advisor Services) will not record or otherwise store any calls you conduct with a Member.
(c) You will not use the Site for any purpose that is unlawful,
fraudulent or contrary to this Member Agreement and the policies of Psychic Miracle Network, and you will cooperate fully
with Psychic Miracle Network to investigate any suspected unlawful, fraudulent or improper activity, including but not limited
to granting authorized Psychic Miracle Network representatives access to any password-protected portions of your Member account.
(d) You will not solicit or provide advice, directly or through
writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any
report or analysis concerning securities.
(e) You will conduct all for-fee communications that you have with
other Members only through the Psychic Miracle Network Site, and you will not circumvent or attempt to circumvent the Site
using third-party payment services.
(f) You will not use the Psychic Miracle Network Site in any manner
that harasses another Member or could interfere with any other party's use or enjoyment of the Site. You will respect the
privacy of others and not use the Site for unwelcome, rude or abusive communications.
(g) You will not attempt to gain unauthorized access to any Member
account information, computer systems or networks associated with the Site.
(h) You will not attempt to obtain any information or materials
relating to the Site through any means not intentionally made available through the Site.
(i) You will not "frame," "mirror" or otherwise copy any portion
of the Psychic Miracle Network Site
(j) You will continue to provide true, accurate and complete payment
registration information and will maintain as current and promptly update your personal contact information that you provide
to Psychic Miracle Network as soon as possible and applicable. You will not use false identities or impersonate any other
person or use a name that you are not authorized to use.
(k) You will not use the Site to solicit Members, to promote any
product or services other than the information services described in your Member listing which are provided through the Site,
to provide any product or services related to, claiming success with or offering information regarding lottery numbers or
for purposes of multi-level marketing proposals.
(l) You will not transmit "junk mail," "spam," "chain letters" or
unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors
or for participation on other websites.
(m) You will not use the Psychic Miracle Network Site to promote
bonus items, giveaways, random drawings, prizes, contests or games of chance.
(n ) You will adhere to all applicable laws and regulations governing
your actions in connection with the Site and (as a Advisor providing Advisor Services) are responsible for meeting the requirements
of applicable record keeping laws, including, but not limited to, meeting the requirements of 18 U.S.C. 2257 and related regulations.
(o) You will not encourage or instruct any other individual to do
any of the foregoing or to violate any term of the Psychic Miracle Network policies.
7. As between the parties,
Psychic Miracle Network shall retain all ownership of the Psychic Miracle Network Site including all URLs and any content
created or derived from the Site. You understand and agree that You will have no right, title and interest to any of the toll
free numbers, phone numbers or extension numbers assigned to You that Psychic Miracle Network may change Your toll free number,
phone numbers and/or extension number at any time. Phone numbers, toll free numbers, extensions and listing names may be recycled
by Psychic Miracle Network. You hereby grant to Psychic Miracle Network its distribution partners, affiliates and similar
third party website, media providers of Psychic Miracle Network choice the right to use, copy, distribute, display or reference
in any media form Your listing information, including without limitation. Your listing name, tags, descriptions, photos, Psychic
Miracle Network buttons, phone numbers and extensions.
8. If you act as a Advisor,
you will comply with and be subject to Psychic Miracle Network Rules.
9. Psychic Miracle Network
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. Psychic Miracle Network 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, Psychic Miracle Network 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.
10. Psychic Miracle Network
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.
YOU AGREE TO HOLD HARMLESS,
DEFEND AND INDEMNIFY Psychic Miracle Network, 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. FURTHERMORE ALL ADVISORS ARE RESPONSIABLE FOR THEIR OWN TAXES AND OTHER SUCH LIBALITIES, Psychic Miracle Network DOES NOT KEEP RECORDS OF YOUR INCOME, ADVISORS ARE SOLELY
RESPONSABLE FOR SUCH.