Hollywood Psychics™ Client Agreement

Dated: August 1st, 2005

The policies, terms and conditions below limit Hollywood Psychics liability and obligations to you and allow Hollywood Psychic to change, suspend or terminate your access to and use of our Psychic Consultant Services, including use of this website and related services available at 1-877-463-3486.

We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on this website.

The following policies and rules are incorporated into the Client Agreement by reference and provide additional terms and conditions:

To the extent that there are any conflicts between the terms or conditions in the Client Agreement and other information located on this website, the terms and conditions of the Client Agreement (hereafter know as Agreement) shall govern. You understand that by initiating any form of communication with a Psychic Consultant, you are agreeing to be legally bound by this client agreement. All use of this Website (hereafter known as Website, which also includes related 1-877-463-3486 services) and Psychic Consultant Services is subject to the terms of this Agreement and the policies, terms and instructions referenced in this Website, which are incorporated and considered part of these terms. You must accept without modification all of the terms, conditions, policies and notices referenced in this Agreement in order to access and use the Website and Psychic Consultant Services. If you do not accept this client agreement in its entirety, you may not access or use the Website or Psychic Consultant Services.

Use of Psychic Consultant Services

The Client and any Psychic Consultant in our network are solely responsible for any communication between both parties. Hollywood Psychics does not evaluate, provide or control the Psychic Consultant. Although Hollywood Psychics screens all Psychic Consultants, it does not guarantee or make any representations regarding the identity or qualifications of any Psychic Consultant. Hollywood Psychics acts as a facilitator between the Psychic Consultant and you to share advice, information, entertainment services, or other products or services among themselves. Hollywood Psychics helps you connect with each other, it does not monitor the advice exchanged, and, as a result, Hollywood Psychics does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by the Psychic Consultants, including without limitation any information contained in Psychic Consultant listings or made available through this website. Hollywood Psychics is not responsible for use or exchange of any information, files or goods between the Psychic Consultant and you. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in using this website and Psychic Consultant Services, in evaluating the qualifications of, and statements made by Psychic Consultants and in disclosing personal information. Hollywood Psychics recommends that you do not disclose personal contact information to Psychic Consultants. If you do, you do so at your own risk. Placement of a Psychic Consultant in a particular subcategory does not mean that they are qualified in any such area or category. Hollywood Psychics assumes no responsibility for monitoring any feedback or otherwise policing you or Psychic Consultants in any way. If you ever believe that a Psychic Consultant has violated the law or is defrauding, threatening or endangering anyone, Hollywood Psychics urges you immediately to contact the police directly for help. In addition Hollywood Psychics does not recommend or encourage to use the website or Psychic Consultant Services to solicit other clients of Hollywood Psychics or Psychic Consultants to meet with them in person.

Hollywood Psychics does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information entertainment services or other products or services provided by Psychic Consultant, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Psychic Consultant or group of Psychic Consultants by Hollywood Psychics. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Psychic Consultant Services. Clients who initiate, receive and/or discontinue use of the Psychic Consultant Services do so entirely at their own risk, and Hollywood Psychics bears no responsibility in this regard. In accordance with its Privacy Policy, Hollywood Psychics does not monitor telephone conversations between Client and Psychic Consultant. However, Hollywood Psychics reserves the right to contact Psychic Consultants and Clients in order to evaluate compliance with the rules and policies set forth in this Client Agreement.

If you have a dispute with a Psychic Consultant, or suffer any harm arising out of or connected with any Psychic Consultant Services, you hereby waive all claims against and release Hollywood Psychics (and its subsidiaries, employees, officers, directors, shareholders, suppliers, and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Psychic Consultant 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.

Eligibility

The use of this website and Psychic Consultant 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. You shall not use the Website or Psychic Consultant Services if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens.

Modifications to this Client Agreement; Termination and Suspension of Use

Hollywood Psychics reserves the right in its sole discretion to modify or discontinue this Website, or modify the terms and conditions of your use of the Website, without notice. All modified terms and conditions will be effective immediately after they are initially posted on the Website. Changes to the Refund Policy are effective immediately after Hollywood Psychics posts the revised policy on the Website. If any modification is not acceptable to you, your only recourse is to cease using the Website and Psychic Consultant Services. By continuing to use the Website or any Psychic Consultant Services following any posting of a new Client Agreement or policies on the Website, you accept and agree to be bound by the new Client Agreement or policies.

Without limiting other remedies, Hollywood Psychics may at any time suspend, terminate and refuse to provide access to Psychic Consultant Services. In addition, Hollywood Psychics may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if Hollywood Psychics suspects that you have failed to comply with any provision of this Client Agreement or any policies or rules established by Hollywood Psychics; (ii) if Hollywood Psychics is unable to verify or authenticate any billing or payment information you provide to Hollywood Psychics; or (iii) if Hollywood Psychics suspects that your actions may be illegal or cause liability, harm or disruption for you, Psychic Consultants, Hollywood Psychics or the Website.

Use and/or access to our Website or Psychic Consultant Services:

You agree to comply with the following:

(1) You (as a Client receiving Psychic Consultant Services) will not record or otherwise store any live or pre-recorded voice Psychic Consultant Services that you receive through contact with a Psychic Consultant.

(2) You will not use the Website for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of Hollywood Psychics, and you will cooperate fully with Hollywood Psychics to investigate any suspected unlawful, fraudulent or improper activity.

(3) You will not "frame," "mirror" or otherwise copy any portion of the website without Hollywood Psychics' express written authorization.

(4) 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 Hollywood Psychics, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

Website ownership (including all URLs and any content created or derived from the Website)

You shall and hereby do assign to Hollywood Psychics all right, title and interest in and to any material, ratings, suggestions and/or comments submitted by you as part of the email feedback system. You grant Hollywood Psychics the right to use or reference your name on the Website and elsewhere to promote the Website without your consent or compensation to you.

Warranties or representations

The Website and any Psychic Consultant Services or goods obtained through the Website are provided “AS IS” with no warranty of any kind. Hollywood Psychics and its suppliers expressly disclaim all warranties, express or implied, regarding the Website. Psychic Consultant Services and all communications made through the Website, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, Hollywood Psychics makes no representation or warranty that the operation of the Website will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.

Limited liability

Under no circumstances will Hollywood Psychics 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 this Website or Psychic Consultant services, whether or not Hollywood Psychics has been advised of the possibilities of such damages. Without limiting the generality of the foregoing, Hollywood Psychics and its suppliers’ aggregate liability to you arising with respect to this agreement will not exceed the greater of (1) the total fees actually earned by Hollywood Psychics from you (after payments to Psychic Consultants and other 3rd parties) in the previous 12 months, and (2) one hundred dollars. Hollywood Psychics 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 many not apply to you.

Links to Other Websites

The Website may provide links to websites other than Hollywood Psychics. Such links are provided for reference only, and Hollywood Psychics neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

Assignment

You shall not assign this 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 Hollywood Psychics. Any such purported assignment or delegation by you without the appropriate prior written consent of Hollywood Psychics will be null and void and of no force or effect, unless otherwise expressly consented to by Hollywood Psychics at its sole and absolute discretion. Hollywood Psychics may assign this Agreement or any rights hereunder without your consent.

Relationship of the Parties

Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be independent and act independently and not as a contractor, partner, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.

Arbitration

Any controversy or claim arising out of or relating to this Client Agreement, the breach thereof or its subject matter shall be settled by binding arbitration in accordance with the consumer commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and not subject to an appeal. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, Hollywood Psychics, you or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Hollywood Psychics' failure to act with respect to a breach by you or others does not waive Hollywood Psychics' right to act with respect to subsequent or similar breaches. The failure of Hollywood Psychics to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. The parties acknowledge that this Agreement evidences an intent to transact involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Agreement. You agree that this Agreement and the rules and restrictions and policies contained herein, and Hollywood Psychics’ enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Hollywood Psychics. This Agreement together with the rules and policies of Hollywood Psychics constitutes the entire agreement between Hollywood Psychics and you with respect to the subject matter hereof