Last Modified 1/19/17
Welcome to the User Agreement. This is a legal agreement between you, doing business as Adpese.com. User You agree that Your access to the Site and Psychic Services shall take place only under the policies, terms and conditions below. We will refer to any information, entertainment services and other products or services you may receive from other Users (in their role as Psychics) or their listings on the Site as the “Psychic Services”. Users who enter our Site agree to the terms of this User Agreement and those who solicit or receive Psychic Services from other Users will be referred to as “Users.” Users who create listings and/or provide Psychic Services will also be referred to as “Psychics”.
The policies, terms and conditions below limit liability and obligations to you and allow change, suspend or terminate your access to and use of the Site and Psychic Services in our sole discretion for any reason or for no reason. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the User Agreement by reference and provide additional terms and conditions:.
YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON THE REGISTRATION PAGE, BY USING THE SITE AND ANY PSYCHIC SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A USER OR BY POSTING ANY LISTINGS ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS USER AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND PSYCHIC SERVICES IS SUBJECT TO THE TERMS OF THIS USER AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS USER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND PSYCHIC SERVICES. IF YOU DO NOT ACCEPT THIS USER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR PSYCHIC SERVICES.
1. Eligibility to use the Site and Psychic Services is limited.
The Site and Psychic Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Psychic Services are not available to temporarily or indefinitely suspended Users.
You shall not use the Site or become a User 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 Psychic Services, and consult with Psychics, at your own risk.
(a) Adpese does not evaluate, provide, produce or control the Psychic Services, or information or exchanges between Users, in any manner. Adpese does not itself provide any information, entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any User. Further, Adpese does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will Adpese be held responsible for any User’s failure to comply with laws or regulations concerning the content of listings. Instead, Adpese acts as a technology service that allows Users to share information, entertainment services or other products or services among themselves. Although Adpese helps its Users connect with each other, it does not monitor the advice exchanged, and, as a result, Adpese does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Users, including without limitation any information contained in Psychic listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. Adpese is not responsible for use or exchange of any information, files or goods between Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Psychic Services, in evaluating the qualifications of, and statements made by, Users in listings or through the User feedback system, and in disclosing personal information to other Users. Adpese recommends that you do not disclose personal contact information to Users. If you do, you do so at your own risk. Adpese assumes no responsibility for monitoring any User feedback or otherwise policing its Users in any way. If you ever believe that a User has violated the law or is defrauding, threatening or endangering anyone, Adpese urges you immediately to contact the police directly for help. In addition Adpese does not recommend or encourage Users to use the Site or Psychic Services to solicit other Users to meet with them in person.
(c) If you have a dispute with another User, or suffer any harm arising out of or connected with any Psychic Services, you hereby waive all claims against and release Adpese (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Psychic Services or with regard to such disputes.
3.Adpese may modify this User Agreement, or suspend or terminate your use of the Site, at any time without notice to you, for any reason or for no reason.
(a) Adpese reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective within twenty four (24) hours after they are initially posted on the Site. Changes to the Payment Policy are effective after Adpese provides Psychics with at least twenty four (24) hours notice of the changes by emailing Psychics. If any modification is not acceptable to you, your only recourse is to cease using the Site and Psychic Services. By continuing to use the Site or any Psychic Services following any posting of a new User Agreement or policies on the Site, you accept and agree to be bound by the new User Agreement or policies.
(b) Without limiting other remedies, Adpese may at any time suspend or terminate your Use of the Site and refuse to provide access to the Site without reason or notice to you. In addition, Adpese may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Adpese suspects that you have failed to comply with any provision of this User Agreement or any policies or rules established by Adpese) if Adpese is unable to verify or authenticate any billing or payment information you provide to Adpese; or (iii) if Adpese suspects that your actions may be illegal or cause liability, harm or disruption for you, other Users, Adpese or the Site. You have the right to cancel your Usership in Adpese by filling out the Contact Us Form and entering “Cancel My Account” in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Adpese
4. The Site is only a venue for User listings.
Adpese acts only as an interface to facilitate communications initiated between Users. As a User, you are not an employee, agent or contractor of Adpese, 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 Site and Psychic Services, and for reporting and payment of all taxes associated with fees transferred to you by Adpese.
5. You are solely responsible for all use made of the Site and Psychic Services under your password and User account information and agree to pay for all Psychic Services purchased using your password and User account information.
(a) The rates for Psychic Services are as set forth in the applicable Psychic listing. “Transaction” means any live or recorded call through the Site initiated using your password and User account information and any Mail response sent to your Mail account in response to a request for information, entertainment services or other products or services from a Psychic who lists a fee for such product or service. You hereby authorize Adpese to collect fees for each Transaction by debiting your User account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live and recorded calls are calculated based on the per-minute rate listed and the duration of the call, or from time to time may be offered by Adpese for a single price listed for a bulk package of time. Time for calls sold in bulk have an expiration date; and you will not be entitled to receive a refund for any time remaining after the expiration date for the bulk minutes. Fees for recorded calls are determined based on the listed fee. Fees for Paid Messages are collected immediately upon acceptance of the Paid Messages, regardless of quality or completeness, by the receiving User and are determined as set forth in the Psychic listings. When purchasing a package of bulk minutes, you authorize Adpese to authorize your credit card for the entire price of the bulk package prior to connecting your next call and to subsequently charge your card for the entire cost of the bulk package once your call is connected. You authorize Adpese, directly or through third parties, to make any inquiries we consider necessary to validate your User account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.