Modern Day Psychics, Corp is a d/b/a and a subsidiary of Modern Day Online Network, INC.
Member Terms and Conditions
These Member Terms and Conditions (this “Agreement”) apply to all users (“you” or “Member”) who access and/or use the Modern-Day Psychics Co platform for online advice and services (the “Advisor Platform”).
About Modern Day Psychics
Psychics, shamans, seers, and mediums are just a few of the names given to those who havewhat we perceive as heightened senses; abilities to hear, see, feel, and touch what others cannot. These gifted souls have walked this world for ages, their abilities passed down generation to generation, used to harness the energies of the universe to help those in need ofanswers. What are modern day psychics?
They are this generations giver. Passing on the age- old traditions their ancestors bestowed upon them to
help guide us all in the current age. At Modern Day Psychics, we are creating a community of amazing advisors to guide and assistyou in your life’s questions. We all wonder about our life’s path, our relationships, our financials, sometimes even an aimless feeling that pushes us to connect with intuitive helpersto tell us what the universe needs us to understand. Modern Day Psychics is going to be the place
you go to find your answers and direction. We pride ourselves in a gathering place full ofthe most skilled
advisors, who have practiced their craft for many years to ensure you obtain the highest quality you are searching for. No question is too large or too small to ask when youknow you are getting the best that the modern day has to offer.
Disclaimer – For Entertainment Purposes Only
You are solely responsible for verifying an Advisor’s identity, qualifications, credentials,
biographical information, licenses held, and other information. Modern Day Psychics is notresponsible for any such verification.
Member acknowledges and agrees that Advisors are neither employees nor agents nor representatives of Modern-Day Psychics, and Modern-Day Psychics assumes no responsibilityfor any act or omission of any such Advisor.
Advisors are not employees or agents of Modern-Day Psychics or any of its affiliates. All Advisors are independent contractors of, Modern Day Psychics, and because they are independent contractors,
Modern Day Psychics does not control the quality, relevancy, or
accuracy of any advice provided by an Advisor and does not determine whether any Advisor is qualified to provide any specific advice, whether an Advisor is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postingson or transmissions through the Advisor Platform by a Member or an Advisor are accurate, correct, relevant, or appropriate.
ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY ADVISOR IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
The advice or information provided by attorneys, doctors, and other Advisors in fields requiringlicensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination.
Members should not rely on or make health, legal, financial, or other decisions based on adviceprovided by any Advisor. Modern Day Psychics strongly recommends that a Member seeking medical or mental health advice see a qualified professional in person.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OROTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITEDSTATES, PLEASE DIAL 911.
By accessing and/or using the Advisor Platform, you represent, warrant, and agree to thefollowing:
You are at least 18 years of age. If you are under the age of 18, you may not use or register for the Advisor Platform or provide any personal information to us. Modern DayPsychics reserves the right to immediately terminate any member account and delete his or her information if it believes the member is under the age of 18.
The information you submit in your registration form is true, accurate, and complete, and you will maintain and update this information during the term of this Agreement sothat it remains true, accurate, current, and complete.
You will not undermine, disrupt, or manipulate the integrity of the Member feedbackrating system on the Advisor Platform. Modern Day Psychics may, without notice, remove old ratings or exclude ratings which Modern Day Psychics in its sole discretionbelieves compromises the integrity of the Member feedback rating system.
You will not interfere with or disrupt any Modern-Day Psychics servers, networks, orequipment in connection with the Advisor Platform.
You will not attempt to gain unauthorized access to any computer system or networkconnected to the Advisor Platform.
You will not transmit, upload, email, post, or otherwise make available through theAdvisor Platform: (a) any junk mail, spam, or unsolicited email or bulletin board postings; (b) any unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar,obscene, racist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to
intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses,worms, or any other malicious application or code; or (d) any information or material which may constitute or encourage conduct that is a criminal offense, a civil wrong, orotherwise violates any applicable law.
You will not violate any applicable laws, rules, regulations, or ethical codes.
Modern Day Psychics enables the transfer of files between Members and Advisors. When opening such file attachment, it is your responsibility to scan the files with ananti-virus software application.
You will not impersonate any person or entity or make any false statement regardingyour employment or affiliation with any person or entity.
You will not stalk, threaten, or harass any Advisor or Member or infringe on or attemptto infringe on their privacy.
Modern Day Psychics a may choose to review the Member’s personal profile and amendany typing or spelling errors.
Modern Day Psychics may, in its sole discretion, (i) refuse to post or transmit; or (ii)remove any content uploaded by a Member.
Modification and Termination of Services
Modern Day Psychics may modify or discontinue, temporarily or permanently, any service partof the Advisor Platform, with or without notice to Member without liability to Member or any third party. Modern Day Psychics, in its sole discretion and for any reason, may terminate Member’s participation in the Advisor Platform and refuse any and all current or future use byMember of the Advisor Platform.
Fees and Payments
All interactions between you and an Advisor will be billed through the Advisor Platform regardless of whether the interaction is online or offline. You agree to abide by the pricing terms agreed upon with an Advisor while using the Advisor Platform and to pay to Modern DayPsychics all fees for services rendered to you by Advisors.
You may make payments by using the credit card, debit card, or PayPal account you have on filewith Modern Day Psychics. You expressly authorize payments for all fees for each transaction occurring under your account. All amounts displayed on the Advisor Platform are in US dollars,and You will be charged in USD. You will ensure that all credit card and payment information you provide is accurate, correct, and kept updated at all times, and that you are fully authorized to use such credit card and payment information. You may be required to verify your accountor payment method via phone or email. For your convenience, you may also deposit amountsto your available balance, a free feature for active accounts. Fees will then be deducted from your available balance as incurred, either as services are rendered or promptly after a sessionwith an Advisor ends. For account balances that have not been added to or used for transactions for more than 12 months, Modern Day Psychics reserves the right to charge an administrative fee of up to US $5.00 (the “Account Maintenance Fee”) each month until theearlier of (i) the available account balance has been depleted; or (ii) 36 months have passed since the last transaction. Such Account Maintenance Fee shall be deducted automatically fromthe available account balance. No Account Maintenance Fees will be incurred if the account balance is US $0.00.
You will reimburse Modern Day Psychics for any expenses incurred by Modern Day Psychics tocollect fees owed by you. Modern Day Psychics reserves the right to charge interest on any past due amounts of 2% per month or the highest amount permitted by law (if lower). If a payment method is invalid, and a Member incurs any past due amounts, Modern Day Psychicsreserves the right to charge any payment methods associated with the Member’s account for any past due amounts) including any taxes and late fees) until such amounts are paid in full. Modern Day Psychics may, at its sole discretion, choose to refund a payment made by a Member in certain limited circumstances. The refund request must be submitted within forty-eight hours (48) hours of the end of the session.
In your refund request, we ask that you clearly state why you are not satisfied with the service received. You must include the session’s date, psychic’s name and session fee.
Once we have received this information, we will review your request. Please note, we reserve the right to refund you in full or partially for your session. In addition, we also reserve the right to refuse a refund. Due to processing times for us and your financial institution it may take up to 30 days for arefund to reflect on your statement.
Please note that Modern Day Psychics will use reasonable efforts to process payments after the end of each session and within seven (7) business days of each transaction; however, there may be delays due to credit card and debit card payment processes. Charges incurred over a several day period may be consolidated and charged as a single charge. If a credit card charge is declined, Modern Day Psychics may attempt to charge any or all other cards you have on file (in one charge or in partial charges if unable to charge the full amount) for the following 60-90 days.
Time charges are based on increments of a minute as measured on Modern Day Psychics servers. Any use of a partial minute is rounded up to a full minute. Modern Day Psychics billing system is not fault-free; therefore, Modern Day Psychics shall not be liable for any problems, miscalculations, or malfunctions in processing payments. If you believe a mistake has occurred, please submit a request at moderndaypsychics.com, at drop down use “Refund Request”.
The Advisor Platform, or a portion thereof, may also be made available via third-party websites. If you have accessed the Advisor Platform, or any portion thereof, via a third-partywebsite, such use may be subject to terms and conditions imposed by such third party. Modern Day Psychics is not responsible for any terms, conditions, policies, acts, or omissions, ofany such third parties.
Modern Day Psychics is not responsible for reviewing, endorsing, recommending, verifying, evaluating, warranting, or guaranteeing the qualifications, expertise, claims, or background ofany Advisor or any opinion, response, advise, prediction, recommendation, information, or other service provided by any Advisor. Modern Day Psychics shall not be deemed the providerof any of the Advisor’s services or other information acquired through the Advisor Platform.
MEMBER ACKNOWLEDGES AND AGREES THAT THE ADVISOR PLATFORM IS PROVIDED “AS IS” AND THEREFORE WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST MODERN DAY PSYCHICS, ITS AFFILIATES,OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR AGENTS WITH RESPECT TO THE ADVISOR PLATFORM. USE OF THE ADVISOR PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, Modern Day Psychics EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
Modern Day Psychics does not assume and will not be liable for: (1) the accuracy or availability of the Advisor Platform; or (2) any damages or injury arising from or related to the Advisor Platform and/or any opinion, response, advice, prediction, recommendation, information, and/or other service provided or not provided by any Advisor. Modern Day Psychics does notguarantee that Modern Day Psychics service will be uninterrupted or that it will be timely, secure, or error-free.
Links and Advertisements
The Sites may contain links or other content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to web sites, products and/or services offeredby third parties and Company has no control over any such linked content or anything provided by any such third party. The Member acknowledges and agrees that Company is not responsible for such third-party links, content, web sites, products or services and will not beresponsible or liable for anything related thereto and agrees that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or inconnection with the use of or reliance on any such link, web site, content, product and/or service.
The Sites contain copyrighted material, trade secrets, trademarks, patents and other proprietary information owned by Company (“Intellectual Property”), one of its affiliated companies, or its licensors. This Agreement does not grant to the Member any rights to any Intellectual Property appearing on the Sites or any services offered by Company. The Membermay not create any derivative or similar work or technology based upon any Intellectual Property of Company, an affiliated company, or its licensors.
Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites. Company, its affiliated companies or its suppliers are the sole owners of all Intellectual Property. Except as otherwise expressly set forth or provided in this Agreement, Company, its affiliated companies or its suppliers shall retain all ownership rights in and to all Intellectual Property and content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.
Limitation of Liability
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT LIVEPERSON, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORSAND AGENTS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITEDTO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) LIVEPERSON, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH THE APPLICABLE SITE INTHE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) LIVEPERSON DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER ANDMEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD LIVEPERSON HARMLESS IN CONNECTIONWITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
Member shall defend, indemnify and hold Company, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “IndemnifiedParties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a)any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member’s refusal to pay for services provided by any Advisor; (c) any content Member submits, posts or transmits through a Site and/or the Advisor Platform or otherwise provided by Member; and (d) Member’s use of any Site and/or the Advisor Platform. This section shall survive expiration or termination of this Agreement.
Modern Day Psychics Liability
Modern Day Psychics Liability for your access to and use of the Site and Services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL MODERN DAY PSYCHICS OR ITS PARENTS, SUBSIDIARIES, AGENTS OR 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 SERVICES, WHETHER OR NOT MODERN DAY PSYCHICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MODERN DAY PSYCHICS AND ITS PARENTS’, SUBSIDIARIES’, AGENTS’ OR SUPPLIERS’ AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY MODERN DAY PSYCHICS FROM YOU (AFTER PAYMENTS TO USERS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND
(b) TWO HUNDRED DOLLARS ($200). MODERN DAY PSYCHICS WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Such limitation is enforceable to the fullest extent of the law. To the extent that any jurisdiction does not allow limitations on such damages, this limitation extends only as far as such law allows. For residents of New Jersey, nothing herein limits your ability to recover damages or attorneys’ fees if mandated by statute. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY MODERN DAY PSYCHICS, AND ITS EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE FOR YOUR PROVISION OF SERVICES TO OTHERS, 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 UNFORESEEABLE, DISCLOSED AND UNDISCLOSED. In each case, Modern Day Psychics will provide you with written notice of such claim, suit or action. Modern Day Psychics shall have the right to withhold payments to you to offset liabilities and expenses covered hereunder.
Modern Day Psychics Copyright Policy
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat copyright infringers.
Carrier Transactions and Charges
Your dealings with any wireless, telecommunications, or other carrier (“Carrier”) in connection with accessing the Site and the use or provision of Services, including payment for usage charges, participation in any promotions offered by any Carrier and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier.
Modern Day Psychics is not responsible for any such Carrier dealings or promotions.
Any notice or other communication to be given hereunder will be in writing and given (a) by Modern Day Psychics via facsimile, receipt confirmed, United States mail, and (b) by you via email to firstname.lastname@example.org (mail to: 15017 North Dale Mabry Highway, #1005, Tampa, FL 33618). The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or Mail, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
You shall not assign this User Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Modern Day Psychics, which may be withheld in its sole discretion. Any such purported assignment or delegation by you without the appropriate prior written consent of Modern Day Psychics will be null and void and of no force or effect. Modern Day Psychics may assign this Agreement or any rights hereunder without your consent.
If any provision of this User Agreement is held to be invalid or unenforceable in its entirety, such determination will not affect the validity of the remainder of the Agreement. If any provision of this User Agreement is held to be invalid or unenforceable in part, such determination will not affect the validity of the remainder of that provision. You acknowledge and agree that the substantive laws of the state where you primarily rendered or received Services under the User Agreement shall apply to each claim covered by this Agreement without giving effect to principles of conflicts of laws. Modern Day Psychics’ failure to act with respect to a breach by you or others does not waive Modern Day Psychics’ right to act with respect to subsequent or similar breaches. The failure of Modern Day Psychics to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. You agree that this User Agreement and the policies incorporated herein, and Modern Day Psychics’ enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Modern Day Psychics. This User Agreement, together with the rules and
policies of Modern Day Psychics, constitutes the entire agreement between Modern Day Psychics and you with respect to the subject matter hereof.
Agreement to Arbitrate
Modern Day Psychics and you agree to enter into the arbitration agreement contained in this Section 19 (“Arbitration Provision”). This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to this User Agreement, your relationship with Modern Day Psychics or one of its affiliates, successors, subsidiaries, assigns, or parent companies (together, ” Modern Day Psychics Affiliates”), the termination of that relationship, or any other aspect of your relationship with Modern Day Psychics or any Modern Day Psychics Affiliate, regardless of such dispute’s date of accrual, and this Arbitration Provision continues in effect after and survives the termination of any relationship between the parties.
How this Arbitration Provision Applies
Except as otherwise stated below, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or a forum other than arbitration, and you and Modern Day Psychics agree that any legal dispute or controversy covered by this Arbitration Provision, or arising out of, relating to, or concerning the validity, enforceability or breach of this Arbitration Provision, shall be resolved by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) then in effect, to be held (unless the parties agree in writing otherwise) within 45 miles of where you last provided Services under this User Agreement. The JAMS Rules are available online, free of charge, at www.jamsadr.com, or by searching for “JAMS Streamlined Arbitration Rules” using a service such as www.google.com or www.yahoo.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. If the JAMS Rules are inconsistent with the terms of this Arbitration Provision, the terms of this Arbitration Provision shall govern. By entering into this Arbitration Provision, you agree to arbitrate disputes with any entity or individual, and waive your right to have such disputes resolved by a trial by a jury or judge, arising out of or related to this User Agreement, background checks, privacy, your relationship with Modern Day Psychics, the termination of that relationship, trade secrets, unfair competition, compensation, breaks and rest periods, retaliation, discrimination or harassment, defamation, slander and libel, claims arising under the Fair Credit Reporting Act, Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, California Labor Code, California Fair Employment and Housing Act, California Family Rights Act, Affordable Care Act, Genetic Information Non-Discrimination Act, city or state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to this relationship, including, but not limited to, claims that may be asserted for any post-relationship conduct or time periods, such as defamation or retaliation.
Limitations on how this Arbitration Provision Applies
This Arbitration Provision does not apply to a representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698, et seq., to the extent that such an action can only be brought by the state or its representatives, where any resulting judgment is binding on the state, and where any alleged monetary penalties largely go to state coffers.
This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.
Either you or Modern Day Psychics may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.
Regardless of any other terms of this Arbitration Provision, a claim may be brought before and remedies awarded by an administrative agency if applicable law permits the agency to prosecute or adjudicate the claim notwithstanding the existence of an agreement to arbitrate that is governed by the Federal Arbitration Act. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration.
This Arbitration Provision also does not apply to disputes between the parties that may not be subject to predispute arbitration agreement provided by an Act of Congress.
How Arbitration Proceedings are Conducted
In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. The statutes of limitations applicable to each claim or cause of action shall apply, and written notice of arbitration shall be initiated within the statute of limitations and other time limitations applicable to each claim or cause of action asserted. The Federal Rules of Evidence shall apply, except as modified by the arbitrator.
You and Modern Day Psychics agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective action basis (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis. Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes regarding the enforceability, revocability, or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the dispute is filed as a class or collective action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Except as otherwise provided in Section 19.3, and to the extent permitted by law, (i) you and Modern Day Psychics agree not to bring a representative action on behalf of others in arbitration; and (ii) for any claim brought on a private attorney general basis (i.e., where you are seeking to pursue a claim on behalf of a government entity) both you and Modern Day Psychics agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have been personally aggrieved or
subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (“PAGA Waiver”). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, the validity of the PAGA Waiver may be resolved only by a court of competent jurisdiction and not by an arbitrator. If any provision of the PAGA Waiver is found to be unenforceable or unlawful for any reason, (i) the unenforceable provision shall be severed from this Arbitration Provision; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Provision or the parties’ attempt to arbitrate any remaining claims on an individual basis pursuant to the Arbitration Provision; and (iii) any representative action brought under PAGA on behalf of others must be litigated in a civil court of competent jurisdiction and not in arbitration.
Paying for the Arbitration
You and Modern Day Psychics shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. Modern Day Psychics otherwise shall pay all costs and expenses unique to arbitration, including without limitation the arbitrator’s and/or arbitration fees.
Each party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (e.g., a party prevails on a claim that provides for the award of reasonable attorneys’ fees to the prevailing party).
The Arbitrator’s Decision and Award
The arbitrator must follow applicable law and may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The arbitrator’s decision shall be final and binding upon the parties, must be in writing, and must contain the arbitrator’s reasoning. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
Enforcement of this Arbitration Provision; Other Terms
Any party (including Modern Day Psychics Affiliates) to this Arbitration Provision may bring an action in a court of competent jurisdiction to compel arbitration under this Arbitration Provision, and to confirm, vacate, or enforce an arbitration award, with each party bearing its own attorneys’ fees, costs and expenses in such court proceedings, subject to any remedies to which that party may later be entitled under applicable law. This Arbitration Provision replaces all prior agreements (if any) regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. Except as stated in Section 19.4 above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
By clicking “I accept”, you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of the User Agreement and Arbitration Provision, that you agree to be bound by the terms and conditions of the User Agreement and Arbitration Provision, and that you
are legally competent to enter into the User Agreement and Arbitration Provision with Modern Day Psychics.
In addition to the general release set forth in Section 2(c) of the User Agreement, User further agrees to waive any claims against Modern Day Psychics arising out of this Agreement as supplemented below. In particular, User acknowledges and agrees that:
User is releasing all rights under section 1542 of the California Civil Code, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
User is releasing all rights under Montana Code Annotated Section 28-1-1602, which provides:
A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor’s favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor’s settlement with the debtor.
In North Dakota:
User expressly waives any and all rights that User may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to North Dakota Century Code Section 9-13-02, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor’s favor at the time of executing the release, which if known by the creditor, must have materially affected the creditor’s settlement with the debtor.
In South Dakota:
User expressly waives any and all rights that User may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to South Dakota Codified Laws Section 20-7-11, which provides:
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.