Terms and Conditions

TERMS AND CONDITIONS

A Live Psychic : Terms of Use

EffectiveDate : June 9, 2021

Welcome to alivepsychic.com (A Live Psychic) Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at (https://www.alivepsychic.com). “Service” refers to the Company’s services accessed via the Site, in which users can reach out to naturally gifted and highly experienced advisors who can provide them spiritual healing and invaluable personalized advice. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at (https://www.alivepsychic.com/).

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service

1. PRIVACY POLICY

1.1 The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy 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 the Privacy Policy as well as these Terms of Use. A Live Psychic and/or Legendary Advisor is committed to protecting its members' privacy. The Company takes all appropriate security measures to protect all personal information against unauthorized access, unauthorized alteration, disclosure or destruction.

1.2 The Company provides to any physical person an opportunity of receipt of paid services by means of the website, and you after registration on the website become the user of the website and the services rendered by means of the website.

1.3 By entering and/or registering on the website you give your consent to and accept the following:

  1. A) The entertainment provided on the website (alivepsychic.com) is rendered by Adult individuals (spread worldwide), who are commonly designated Chat Advisors.
  2. B) The chat Advisor will carry out live webcam performance and workshops, in front of their camera, for subscribers throughout the world, who have selected them according to their area of interest, pictures, videos and free chat platform available for free on the website.

2. USE RESTRICTIONS

2.1 Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: 

2.2 You agree that you will not under any circumstances:

  • access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
  • collect or harvest any personal data of any user of the Site or the Service 
  • use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  • distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • intentionally allow another user to access your account; 
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the Site, the Service or the related systems, 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;
  • 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; 
  • circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 
  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.

3. ABOUT THE SERVICE

3.1 The Company, working on its own behalf and at the expense of Chat Advisors, provides the user an opportunity of receipt of paid services by means of the website, and the user undertakes to pay the services rendered to him.

3.2 The Company provides to the user an opportunity of receipt of services by provision of access to the website, an opportunity to perform the search and the choice of Chat Advisors, and also their order of paid services.

3.3 Services are rendered to the user directly by Chat Advisors.

3.4 The ​Company provides the possibility of obtaining the following online entertainment services:

  • Free, paid service package and/or product and pay per minute live video chat;

3.5 As part of the services provided, there is the option to engage in a "Two Way Video Personal Consultation" session with any Chat Advisor online.

3.6 The service mentioned in the previous clause, enables the subscriber to share his/her own camera's video feed with the Chat Advisor.

3.7 It is solely the subscriber's decision whether to enable the referred feature or remain faceless.

3.8 The subscriber to Company acknowledges and expressly agrees by accepting this Agreement that Company may record the chat Advisors' video streams, any video, chat or any other type of communication of the subscriber on Company.

3.9 To the extent permitted by law, the Company makes no warranties or representations as to the information, entertainment services or products provided through or in connection with the service. Subscriber’s use of the service is at his/her own risk.

3.10 The Company makes no warranty of merchantability, fitness for any purpose, or non-results of the use of the entertainment content provided in terms of their correctness, accuracy, timeliness and reliability or otherwise.

3.11 The Company nor any party involved in creating, producing, or delivering the server or content is liable for any direct, incidental, consequential, indirect or punitive damages arising from the access to, use of, or interpretation of, the entertainment services, products or information provided by or through the Company, without prejudice of that which is established in the present agreement.

3.12 The Company has no intention to support immoral interests, therefore it applies strict rules.

3.13 At the Company there is a zero tolerance policy related to child pornography (written, audio or visual). In case of the slightest suspicion, the account in question is immediately and permanently closed and the appropriate authorities are contacted.

3.14 The Company support team undertakes all possible efforts to continually check subscriber's information and chat logs for violations with the means made available.

3.15 The Company reserves the right to apply immediate and permanent suspension in case a screen name is offensive, refers to minors or upon any suspicion of forgery.

3.16 In order to subscribe to the website (alivepsychic.com) it is mandatory to be at least 18 years old or 21 in some regions, or under the referred age, if legally emancipated, in compliance with the local regulations applicable to the subscriber.

3.17 By registering on the website and by accepting this Agreement, subscribers agree to indemnify, pay the costs of defense and hold harmless the Company, its officers, directors, affiliates, attorneys, shareholders, managers, members, agents and employees from any and all claims, losses, liabilities or expenses (including reasonable attorneys' fees) brought by third parties arising out of or related to their conduct, statements or actions, as well as breach of any term, condition or promise contained herein and unlawful conduct in the framework of this Agreement.

3.18 The Company is an agent of the Chat Advisors, enabling the transfer of the amounts received from the Subscriber into the account of the Chat Advisors.

3.19 In case of implementation of payment of cost of the services the Company has no right to hold from the amount of taxes, charges and fees transferred to Chat Advisors for the cost of services.

3.20 Chat Advisors render services to the Subscriber independently, the method approved with it. Rendering services are performed by Chat Advisors by means of the website with use of its technical means through the website.

3.21 In case of a Subscriber’s unlawful conduct or breach of the present Agreement, the Company may terminate, without notice, the Subscriber's account and/or anything associated with it. The Company will not be held responsible for any possible loss as a result of such termination, nor for any monetary compensation or refund.

3.22 The present agreement shall be effective as from the date when the Subscriber registers on the website and accepts this agreement and shall remain in force until duly terminated by either party in full compliance with the terms and conditions expressly set forth in this Agreement.

3.23 The Subscribers pay for accessing the Chat Advisors on the website on a per-minute basis in the available areas of entertainment outlined above. The amounts in question are subject to change at the discretion of Company without previous consent by the Subscribers.

3.24 The option of "Preview live video chat" with the Chat Advisors is free. If the Subscribers wish to access premium features (such as a Private reading), they must click on "Start a private reading" to begin a private video chat with the Chat Advisor where their accounts are charged on a per-second basis.

3.25 The Company does not take responsibility for any unforeseen difficulties occurring outside of the website.

3.26 Notwithstanding the referred clauses above, the Company shall not be liable for any defamatory; offensive or illegal conduct by any Subscriber; or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission; communications line failure; theft, destruction or unauthorized access; alteration of or use of records; whether under contract or through tort law, or under any other cause of action; for any amount over and above the amount paid by the Subscriber to the website.

3.27 Subscribers dissatisfied with the provided paid services, may contact the Company’s Customer Service by sending a message from their registered email address to cs@alivepsychic.vip with a detailed description of complaint.

3.28 Customer Service accepts complaints sent within 24 hours of the incident. It carefully investigates all cases based on the available data and informs the Subscribers in a written message sent to their registered email address within 24 hours.

3.29 Customer Service may offer compensation in cases where the Subscribers suffered a financial loss and only in the amount of loans spent in the given event. Claiming that a reading did not actualize cannot be the base of any refund. The Refund Policy covers paid services only and not the events happening afterwards; Company does not have influence on all conceivable episodes occurring in the Subscriber’s lives. Funds received without actual payments (with coupons, gift cards, compensation, etc.) are not subject to refund.

3.30 Customer Service handles every case individually and makes all reasonable effort to resolve it amicably.

3.31 Customer Service refunds money to the Subscriber’s credit cards only in well-founded cases and only full amount to the credit card used on the website. After you have received the refund, its unused portion is deducted from the Subscriber’s on the website account during the refund. Certain payment methods do not permit refunds to be executed because of technical reasons. In these cases we reserve the right to permanently close the Subscriber’s account.

3.32 The Subscribers and Chat Advisors provide the Company with all rights and powers necessary for implementation of a settlement within rendering services.

3.33 The Company can attract third parties.

4. ABOUT THE SUBSCRIBER

4.1 I expressly authorize the Company to monitor, record and log all my online activities on these websites (including chat, video, e-mail).

4.2 I acknowledge and agree that any material recorded or any original work made under this Agreement and/or when using Company services (and all rights therein, including, without limitation, copyright) belong to and shall be the sole and exclusive property of Company.

4.3 I will not give out any personal information.

4.4 I hereby expressly waive any rights and declare to withdraw any claim, to the extent permitted by law that any use by Company violates any of my rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.

4.5 I hereby expressly waive any further financial compensation for any of the rights assigned, transferred or granted to Company under this agreement.

4.6 I am fully liable for any false disclosures and responsible for any legal claims that may arise from viewing, reading, or downloading any of the material and images contained within this website.

4.7 I will never expose minors to the content of the website and will take full precautions to avoid any type of exhibition or access of the minors to the website, namely by not including the website in their list of favorite sites to visit. I will be solely responsible in case any minor would access any information restricted for minors access through my on the website account or using my credit card details.

4.8 I assume full responsibility to maintain the security of my account and password.

4.9 I will not arrange personal appointments with any Chat Advisor, since it is prohibited.

4.10 I will not use obscene words, threaten or quarrel with, or violate the rights of visitors, Chat Advisors, support persons or management of the website, since it is prohibited.

4.11 Text content sent or forwarded and the chosen user name will not be offensive, will not suggest pedophilia, adolescence, bestiality or zoophile, or refer to elimination or consumption of any bodily waste.

4.12 I will not solicit, purchase or sell any goods or enter into any business or deal with the Chat Advisors.

4.13 I will not take any advice, recommendation or suggestion made by any Chat Advisor as a professional advice, screening any information given to me and acting on my own free will.

4.14 The subscribers have the option to unsubscribe, at any time, from Company services.

4.15 The subscription cancellation can be accomplished by sending an e-mail to cs@alivepsychic.vip.

4.16 Once the account is canceled, your subscriber status will change to 'Canceled' and all related details will be archived.

4.17 The Company reserves the right to suspend or cancel any subscription in case of breach of any term of this Agreement or any unlawful conduct of the Subscriber in the framework of this Agreement

5. ABOUT PERSONAL DATA

5.1 I hereby authorize the Company to process technical data related to my visit to the website and my data provided during the registration process in accordance with the present privacy policy, during the period of my subscription with the website and after cancellation of my subscription during the period necessary for the Company to comply with legal requirements.

5.2 I have not and will not provide any false information and/or documents to the Company. Therefore, I recognize that the Company has the right to, immediately and unilaterally, terminate the present agreement upon the slightest suspicion of forgery.

5.3 I also acknowledge the right of the Company to be fully indemnified for all damages caused in case of my unlawful conduct or breach of the present contractual terms and conditions.

5.4 I agree and authorize the Company to obtain and store information automatically from my computer used to visit the website (with use of cookies and similar technologies). The Company may track the subscriber's visit to the website by giving a cookie when entering. Cookies help to collect anonymous data for tracking user trends and patterns.

5.5 The Company will use the data collected from the subscriber's for mainly general purposes, such as improving services, contacting the subscriber's and customizing the website content and for promotional marketing services, to the extent allowed by law.

5.6 The Company may also research behavior patterns and trends to improve the subscriber's experience.

5.7 The support team monitors all camera feeds available on the website 24 hours a day, 7 days a week.

6. POSTING AND CONDUCT RESTRICTIONS

6.1 When you create your own personalized account, you may be able to provide information relevant to the Service (“User Content”) as expressly indicated above. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. 

6.2 You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

6.3 We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

6.4 By transmitting and submitting any User Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, libelous, false or inaccurate;
  • You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
  • You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

6.5 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. The Site is not responsible for any public display or misuse of your User Content. 

6.6 The Site does 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 or with other Users.

7. ONLINE CONTENT DISCLAIMER

7.1 Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

7.2 We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

7.3 Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at cs@alivepsychic.vip.

8. LINKS TO OTHER SITES AND/OR MATERIALS

8.1 As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or 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, 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 our approval or endorsement. If you decide to leave the Site 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, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

9. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

9.1 Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. 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.

9.2 DMCA 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 the our designated copyright agent at cs@alivepsychic.vip :

  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.

9.3 Counter-Notices. If you believe that your User Content that has been removed from the Site 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 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 content was removed as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the United States of America and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

9.4 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 ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

10. LICENSE GRANT

10.1 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, sublicensable, 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.

11. INTELLECTUAL PROPERTY

11.1 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. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

12. EMAIL MAY NOT BE USED TO PROVIDE NOTICE

12.1 Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

13. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

13.1 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 all Terms of Use, agreements, notices, disclosures, and other communications that we provide 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.

13.2 We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to cs@alivepsychic.vip .

13.3 Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

14. WARRANTY DISCLAIMER

14.1 THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM 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.

15. LIMITATION OF DAMAGES; RELEASE

15.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS 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 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 USE OR WITH 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.

15.2 If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review 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. 

15.3 If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “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.”

16. MODIFICATION OF TERMS OF USE

16.1 We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

17. GENERAL TERMS

17.1 If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

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

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

17.4 We may assign or delegate these Terms of Service and/or our 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 Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

17.5 YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY 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 US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.