Psychics For U Member Agreement    
 
Last Revised February 03, 2009

Welcome to the Member Agreement. This is a legal agreement between you and Psychics For U. If Psychics For U 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 psychicsforu.com website. 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 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 Psychics For U's liability and obligations to you and allow Psychics For U to change, suspend or terminate your access to and use of the Site and Advisor Services. 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 Member Agreement by reference and provide additional terms and conditions: Advisor Rules Policy, Payment Policy, Privacy Policy, Adult Content Policy, Age Verification Agreement, Feedback Policy, Photo Policy, Anti-Spam Policy and Advisor Forum Policy. To the extent that there are any conflicts between the terms or conditions in such related policies and this Member Agreement, the terms and conditions of the Member Agreement shall govern. 

YOU UNDERSTAND THAT BY CLICKING THE BUTTON TO CONTINUE ON THE REGISTRATION PAGE, BY USING THE SITE AND ANY ADVISOR SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER OR BY POSTING ANY LISTINGS ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND ADVISOR SERVICES IS SUBJECT TO THE TERMS OF THIS MEMBER 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 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 THE SITE 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. Without limiting the foregoing, the 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 the United Kingdom 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) Psychics For U 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 Psychics For U does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Advisor. Further, Psychics For U does not make editorial or managerial decisions concerning content, sexually explicit or otherwise. Nor will Psychics For U be held responsible for any Advisor's failure to comply with laws or regulations concerning the content of listings. Instead, Psychics For U acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although Psychics For U helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, Psychics For U 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 this Site. The Site is not intended for use as a payment service to exchange goods. Psychics For U is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Advisor Services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to other Members. Psychics For U recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk. Placement of a Member in a particular subcategory does not mean that they are qualified in any such area or category. Psychics For U assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, Psychics For U urges you immediately to contact the police directly for help. In addition Psychics For U does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members to meet with them in person.

(b) Psychics For U does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Advisors or Members, or any specific Member, Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by Psychics For U. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Advisor Services. Members who initiate, receive and/or discontinue use of the Advisor Services do so entirely at their own risk, and Psychics For U bears no responsibility in this regard. In accordance with its Privacy Policy, Psychics For U does not monitor telephone conversations between Members. However, Psychics For U reserves the right to contact Members and review Mail without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Member Agreement and to take other action as set forth in the Privacy Policy. Therefore, we urge you to review and understand the Privacy Policy. As part of this Member Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by the agreements contained in that document.

(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services, you hereby waive all claims against and release Psychics For U (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers 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 Advisor Services or with regard to such disputes. If you are a California resident, you waive your rights under 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." Residents of other states and nations waive their rights under analogous laws, statutes or regulations.

3. Psychics For U may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.

(a) Psychics For U 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 thirty (30) days after they are initially posted on the Site. Changes to the Payment Policy are effective after Psychics For U provides Advisors with at least fourteen (14) days notice of the changes by emailing Advisors. If any modification is not acceptable to you, your only recourse is to cease using the Site and Advisor Services. By continuing to use the Site or any Advisor Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.

(b) Without limiting other remedies, Psychics For U may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, Psychics For U may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Psychics For U suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by Psychics For U; (ii) if Psychics For U is unable to verify or authenticate any billing or payment information you provide to Psychics For U; or (iii) if Psychics For U suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, Psychics For U or the Site. You have the right to cancel your membership in Psychics For U by sending an email to psychicsforu@comcast.net and typing "Cancel Account" in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Psychics For U.

4. The Site is only a venue for Member listings.

Psychics For U acts only as an interface to facilitate communications initiated between Members. As a Member, you are not an employee, agent or contractor of Psychics For U, 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 Advisor Services, and for reporting and payment of all taxes associated with fees transferred to you by Psychics For U.

5. You are solely responsible for all use made of the Site and 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) 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 (i) non-Members having access to or use of the Site or Advisor Services in any manner without such individuals first becoming Members and (ii) other Members to use a specific Advisor Service at the same time that you are doing so.

(b) You agree that Psychics For U is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password.  

(c) Based on Member account use and other factors identified by Psychics For U in its sole discretion, Psychics For U 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 Psychics For U with additional information that may be requested, you consent to Psychics For U's 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 Psychics For U 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. Notwithstanding the foregoing, Advisors may provide pre-recorded voice Advisor Services (each, a "Recorded Listing" as described further on the Help page of the Site) to Members in accordance with the Advisor Rules Policy.

(c) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of Psychics For U, and you will cooperate fully with Psychics For U to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Psychics For U 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 Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.

(f) You will not use the 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 Site without Psychics For U's express written authorization.

(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 Psychics For U, as 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 (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").

(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. See our Anti-Spam Policy for further information. 

(m) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.

(n) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.

(o) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.

(p ) 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. 

(q) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and Psychics For U policies.

7. As between the parties, Psychics For U shall retain all ownership in the Site including all URLs and any content created or derived from the Site.

Psychics For U shall own all right, title and interest in Advisor Services and the Site, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons, phone numbers, toll free numbers and number extensions together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by Psychics For U, either expressly or by implication.

You understand and agree that (i) You will have no right, title and interest to any of the toll free numbers, phone numbers or extension numbers assigned to You (ii) that Psychics For U may change Your toll free number, phone numbers and/or extension number at any time in its sole and absolute discretion (iii) You will have no right, title and interest to any listing name in connection with Psychics For U Services and (iv) that phone numbers, toll free numbers, extensions and listing names may be recycled by Psychics For U to other users of Psychics For U Services if You are not actively using them or Your agreement has been terminated. Further, You hereby grant to Psychics For U, its distribution partners, affiliates and similar third party website/media providers of Psychics For U's 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, Psychics For U buttons, phone numbers and extensions.

8. If you act as a Advisor, you will comply with and be subject to Psychics For U's Advisor Rules Policy and Payment Policy.

Psychics For U's Advisor Rules Policy and Payment Policy are available on the Advisor Rules Policy and Payment Policy pages, and are incorporated into this Member Agreement by reference. 

9. Account Maintenance Fee.

Psychics For U may charge an Account Maintenance Fee of two dollars ($2.00) per month for all Member accounts. However if the Member uses the Member account to purchase information, entertainment services or other products or services, then for a period of twelve (12) months from the date of such use, Psychics For U may waive the Account Maintenance Fee for all active Member accounts.

10. Psychics For U 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. PSYCHICS FOR U 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, Psychics For U 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. 

11. Psychics For U's 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.

UNDER NO CIRCUMSTANCES WILL PSYCHICS FOR U OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR ADVISOR SERVICES, WHETHER OR NOT PSYCHICS FOR U HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PSYCHICS FOR U AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY PSYCHICS FOR U FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). PSYCHICS FOR U WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY PSYCHICS FOR U, 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. In each case, Psychics For U will provide you with written notice of such claim, suit or action. Psychics For U shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.