Spiritual Guided Psychics - Membership Agreement



Welcome to the Member Agreement. This is a legal agreement between you and  H/C Marketing & Consulting doing business as spiritualguidedpsychics.com and hereinafter referred to as "SGP." For the purposes of this contract SGP’s, spiritualguidedpsychics.com, and H/C Marketing & Consulting being one and the same. If SGP 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 spiritualguidedpsychics.com website, Mail (any email you send from your Member account to another Member), phone services (including services available through ETHER that SGP maintains for access by Members) and any content therein provided by SGP as the "Site." We will refer to any information, entertainment services and other products or services you may receive from Advisors (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 will be referred to as "Members." Individuals who create listings and/or provide Advisor Services will be referred to as "Advisors".
The policies, terms and conditions below limit SGP’s liability and obligations to you and allow SGP 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. To the extent that there are any conflicts between the terms or conditions of this Member agreement, the terms and conditions of the Member Agreement shall govern.

YOU UNDERSTAND THAT BY REGISTERING AS A MEMBER OF THIS SITE, BY USING THE SITE AND ANY ADVISOR SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH AN ADVISORYOU 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
(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 Advisor Services, and consult with Advisors, at your own risk.

  1. SGP 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 SGP 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. Nor will SGP be held responsible for any Advisor's failure to comply with laws or regulations concerning the content of listings. Instead, SGP acts as a technology service that allows Members to share information, entertainment services or other products or services among themselves. Although SGP helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, SGP does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Advisors, 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. SGP 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, Advisor’s in listings or through the Member feedback system, and in disclosing personal information to other Members. SGP prohibits that you disclose personal contact information to Members or Advisors and you do so at your own risk. Placement of an Advisor in a particular service subcategory does not mean that they are qualified in any such area or category. SGP assumes no responsibility for monitoring any Member feedback or otherwise policing its Advisors in any way
  2.  SGP does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Advisors or any specific Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by SGP. 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 SGP bears no responsibility in this regard
  3. If you have a dispute with an Advisor, or suffer any harm arising out of or connected     with any Advisor Services, you hereby waive all claims against and release SGP and H/C Marketing &  Consulting (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advisor Services or with regard to such disputes.  This site and the Advisor and Member services and conduct are governed under Canadian Law.

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

  1. SGP 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.

4. 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)The rates for Advisor Services are as set forth in the applicable Advisor listing. "Transaction" means any Live or Texted Message communication through the Site initiated using your password and Member account information and any Mail response sent to your Mail account in response to a request for information, entertainment services or other products or services from an Advisor who lists a fee for email responses (each a "Paid Mail"). You hereby authorize SGP to collect fees for each transaction by debiting your Member account immediately upon conclusion of each transaction, regardless of quality or completeness. Fees for Paid Mail are collected immediately upon acceptance of the Paid Mail, regardless of quality or completeness, by the receiving Member and are determined as set forth in the Advisor listings. When purchasing a package of bulk minutes, you authorize SGP to authorize your credit card for the entire price of the bulk package minutes prior to connecting your next call and to subsequently charge your card for the entire cost of the bulk package once your call is connected. You authorize SGP, directly or through third parties, to make any inquiries we consider necessary to validate your Member account. This may include other credit checks or otherwise verifying the information you provide.

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

5. In using or accessing Advisor Services, you agree to comply with the following:

(a) You will conduct all for-fee communications that you have with other Members, or SGP Psychic Advisors only through the Site, and you will not circumvent or attempt to circumvent the Site by contacting them directly or using any alternate  third-party payment services.
(b) You will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Site.
(c) 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 SPG, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.

6. SGP 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. In addition, SGP makes no representation or warranty that the operation of the Site will be error free.

7. SGP’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 SGP OPERATING NAME FOR H/C MARKETING & CONSULTING OR ITS ADVISORS 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 ADVISOR SERVICES, WHETHER OR NOT PSYCHICANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SGP 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 SGP FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE PREVIOUS ONE WEEK SGP WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY SGP. OPERATING FOR H/C MARKEITNG & ACONSULTING, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, ADVISORS 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..

8. SGP prohibits the unauthorized use of copyrighted materials and trademarks.

YOU SHALL NOT USE THE SITE OR ITS ADVISOR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS, TRADEMARKS, OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
The Site may provide links to websites other than SGP. Such links are provided for reference only, and SGP neither controls such websites nor endorses any of the material on any such websites or any association with their operators.

9. You consent to the use of (a) electronic means to complete this Member Agreement, to use the Site and Advisor Services and to provide you with any notices given pursuant to this Member Agreement, and (b) electronic records to store information related to this Member Agreement or your use of the Site.

10. All funds are in US dollars. Anyone in living in Canada is required to pay GST which will automatically be drawn on payment. This is will be displayed in your account information on the SGP website.