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Terms of Use

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<u><b>DISCLAIMER OF WARRANTIES — READ CAREFULLY.</b></u> The information and services provided through Mobile Mystic is for guidance only. What you choose to do with the information, including any actions you take, is your own personal responsibility and choice. All services and questions answered should NOT be regarded as employment, business, financial, legal, emotional, spiritual, mental, psychological, family, or medical fact or advice and you alone are responsible for your own interpretation and judgment. Due to differing opinions regarding psychic abilities, all services are offered for entertainment purposes only.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MOBILE MYSTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHERE EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, MOBILE MYSTIC MAKES NO WARRANTY THAT (I) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (II) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU FROM MOBILE MYSTIC WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILE MYSTIC SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THERE ARE SIMPLY NO WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND FOR THE SERVICES OR PRODUCTS, IF ANY, SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

<u><b>LIMITATION OF LIABALITY &amp; DAMAGES.</b></u> No Incidental Damages and/or No Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOBILE MYSTIC INCLUDING ITS OWNERS, OFFICERS, PRINCIPALS, DIRECTORS, SUCCESSORS, OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES ARISING OUT OF RELATING TO YOUR USE OF MOBILE MYSTIC SERVICES. WITHOUT LIMITING THE GENERALITY AND EXPANSIVENESS OF THE FOREGOING, THIS LIMITATION OF LIABILITY AND DAMAGES APPLIES TO ALL CLAIMS, CONTROVERSIES, OR DISPUTES INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATING TO (I) MOBILE MYSTIC’S SERVICES OR YOUR SERVICES IN WAY (II) AS A PUBLISHER OF INFORMATION, (III) IF APPLICABLE, AS A RESELLER OF ANY PRODUCTS OR SERVICES, IF APPLICABLE, (IV) IF ANY PRODUCTS ARE SOLD OR PROVIDED, FOR ANY DEFECTIVE PRODUCTS, (V) FOR ANY INCORRECT OR INACCURATE INFORMATION, (VI) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, AND/OR (VII) THIS AGREEMENT. THIS LIMITATION ON LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR UNDER ANY LEGAL THEORY OR OTHERWISE, EVEN IF FORESEEABLE OR EVEN IF AN INDIVIDUAL ADVISES MOBILE MYSTIC OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF MOBILE MYSTIC, INCLUDING ANY OF ITS OWNERS, OFFICERS, PRINCIPALS, DIRECTORS, AGENTS, EMPLOYEES, CONSULTANTS, SUCCESSORS, OR ASSIGNS, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY SERVICE OR PRODUCT SOLD BY MOBILE MYSTIC UNDER THIS AGREEMENT, OR, IF YOU NOT HAVE PAID MOBILE MYSTIC FOR ITS SERVICES OR PRODUCTS, THE AMOUNT OF US $25.00. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MOBILE MYSTIC AND YOU. THE SERVICES AND/OR PRODUCTS OFFERED BY AND THROUGH THIS AGREEMENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

<u><b>No Liability for NON- MOBILE MYSTIC Actions.</b></u> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOBILE MYSTIC INCLUDING ITS OWNERS, OFFICERS, PRINCIPALS, DIRECTORS, AGENTS, EMPLOYEES, CONSULTANTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, BODILY INJURY, EMOTIONAL DAMAGE, OR PUNITIVES, ARISING OUT OF RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF MOBILE MYSTIC’S SERVICES AND/OR PRODUCTS. YOU AGREE THAT MOBILE MYSTIC, INCLUDING ITS OWNERS, OFFICERS, PRINCIPALS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, SUCCESSORS OR ASSIGNS, IS NOT LIABLE FOR THE ACTS OR OMISSIONS OF OTHERS EVEN IF SUCH ACT/OMISSION CONSTITUTES A CRIME OR TORT GIVING RISE TO CLAIMS OR CAUSING INJURY TO YOU. AS SUCH, MOBILE MYSTIC IS NOT LIABLE FOR, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR ACTS AND/OR OMISSIONS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES; THEREFORE THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS TN YOUR JURISDICTION.

<u><b>Indemnification.</b></u> You agree to defend, indemnify, and hold Mobile Mystic harmless from and against any claims, actions or demands, liabilities and settlements including without limitation reasonable legal fees and related fees and costs, resulting from, or alleged to result from, (1) your breach or violation of this Agreement and any written and signed Schedules thereto, (2) your failure to provide accurate, complete and current personally identifiable information requested or required by Mobile Mystic (3) your use of Mobile Mystic’s Services, including without limitation your interpretation of any information provided through your Services or any act or decision you made in connection with the Services and/or information provided through your Services; (4) any personal injury or property damage caused by You; and/or (5) Your violation of any applicable laws, rules or regulations, Without limiting the foregoing agreement to indemnify, Mobile Mystic reserves the right, but does not have to, at its one costs to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will fully cooperate with Mobile Mystic in asserting available defenses.

<u><b>Intellectual Property.</b></u> As between You and Mobile Mystic, You agree that Confidential Information and the Graham Information shall remain the sole exclusive property of Mobile Mystic, individually, or their designees, as they may determine amongst themselves. It is understood that the term “Intellectual Property Rights” as used herein, shall mean all copyrights, trademarks, and service marks, trade secrets, patents, patent applications, contract rights, know-how and other proprietary rights, including without limitation all rights considered “moral rights,” whether existing now or in the future, throughout the world which belong to either Party. You acknowledge that any threatened or actual breach or infringement of any kind of Intellectual Property Rights or other proprietary rights of Mobile Mystic individually, and/or Confidential Information by You will constitute immediate, irreparable harm. for which equitable remedies may be awarded by a court of competent jurisdiction.

<u><b>RESOLUTION OF DISPUTES &amp; AGREEMENT TO ARBITRATE</b></u><b>:</b> You and Mobile Mystic agree that any claim, controversy or dispute arising out of or related to Your Services and/or this Agreement (collectively referred to as “Disputes”) shall be determined by final and binding arbitration instead of suing one other in court. Furthermore, You and Mobile Mystic are committed to resolving Disputes in an amicable and professional manner; and therefore, before either Party may proceed to arbitration, the Parties must take the following steps to resolve any such dispute in the order set forth as follows: A. Informal Discussions: Within ten (10) Business Days of the non-complaining party’s receipt of a written request (via email is fine) from the complaining party, both parties agree to have an informal discussion in person or by video telephone conference via Skype or other means. You understand that Mobile Mystic will designate, in its sole discretion, who will conduct this face to face or video telephone conference on its behalf. B. Use of Collaborative Law Process or Mediation. If the informal face to face discussion or video telephone discussion do not resolve the dispute, the Parties agree to either initiate a Collaborative Law Process or schedule a mediation within ten (10) Business Days of the initial complaint. The first collaborative team meeting or mediation must take place within 30 Days of the initiating the Collaborative Law Process of scheduling the mediation. (Collaborative Law Practice is a voluntary dispute resolution process in which parties strive to settle their differences without resort to litigation. For more information see the website for the International Academy of Collaborative Law Professionals at http./ www.collaborativepractice.com.) Should the Parties decide to engage in the Collaborative Law Process, (1) each Party must enter into a written Collaborative Law Process Agreement, and (2) each Party agrees that the applicable statutes of limitations for any claims addressed in the Collaborative Law Process are tolled during the pendency of the Collaborative Law Process. If both Parties do not agree to the Collaborative Process, then the Parties must attend mediation. Each Parry will be responsible for its own fees or costs associated with the Collaborative Law Process and one-half the fees of the collaborative facilitator, or one-half the costs of mediation. including the mediator’s fees. C. AGREEMENT FOR ARBITRATION: Except as set forth in sub-paragraph (D) below, only after the Parties completed, in good faith, the steps outlined above in sub-paragraphs (A)-(B) may either Party proceed with arbitration. You agree that all such Disputes, including any determinations of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration heard and administered by the American Arbitration Association in Augusta Georgia before a panel of one arbitrator selected and agreed by both parties (or, if requested by any Party prior to the time allowed for the selection of arbitrators. a panel of three). lt shall be administered pursuant to the American Arbitration Association’s rules and procedures. Judgment on the award of the arbitrators may be entered in any court having jurisdiction. This paragraph shall not preclude the Parties from seeking provisional remedies in aid of arbitration for a court of competent jurisdiction, and for such purposes, You hereby irrevocably submit to the personal jurisdiction of the State and Federal Courts sitting in the county and state of Mobile Mystic’s choosing and waive all objections to such jurisdiction and venue. The Parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits , or except as may be necessary in connection with a court applicant for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision; provided that the party filing the Agreement shall use all available efforts to file it under seal. No Class Actions. Further, neither you nor Mobile Mystic agrees to class arbitration or any arbitration where a person brings a dispute as representative of other person(s). YOU AND MOBILE MYSTIC AGREE THAT YOU ARE BOTH GIVING UP THE RIGHT TO GO TO COURT IN CONNECTION WITH DISPUTES AND THAT YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.

If any provision of this RESOLUTION OF DISPUTES &amp; AGREEMENT TO ARBITRATE provision is found to be illegal or unenforceable, it shall be deemed stricken and the remaining provisions shall be enforced to the greatest extent allowed by law. If any provision is found overbroad or unreasonable, it shall be given effect to the greatest extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. D. Claims to Enforce Restrictive Covenants: If Mobile Mystic suspects for any reason that You are engaging in any act that breaches any of the Confidentiality, Non-Disclosure, Non-Disparagement and/or Intellectual Property provisions contained in this Agreement or that any such act is imminent, Mobile Mystic may skip the above dispute resolution steps and proceed directly with, at its election, arbitration or a formal lawsuit. However, if Mobile Mystic opts to follow the steps outlined above in Paragraphs the above-sub-paragraphs (A)-(B), the Parties agree that doing so does not waive any of Mobile Mystic’s claims, does not waive or lessen Mobile Mystic’s ability to prove irreparable harm, and does not constitute a defense of any kind for You. E. Failure to Follow Dispute Resolution Steps. lf a Party fails to follow the dispute resolution procedures above, that Party will be responsible to pay, as liquidated damages, to the other Party, $200.00 per day for every day that the Pay fails to follow the above-specified steps. This liquidated damage is related solely to the failure to follow the dispute resolution process and is in addition to any other damages or equitable relief available to either Party.

<u><b>Disclaimer of Warranty</b></u>

If a customer is contemplating suicide, or is considering harming others (or himself), or in cases of medical emergency or imminent danger, it is important that You advise him to call the emergency hotline for his country (911 in the US and 999 in the UK) and notify appropriate authorities immediately. We are not responsible for and cannot help in emergency situations. Please call the appropriate authorities if needed.

<u><b>Prohibited Activities</b></u>

Using abusive language against Mobile Mystic, other Psychics, Users or Our staff, including, but not limited to, in chat sessions, chat reviews and forums.

Using obscene or overly sexual language. You will not expose yourself on video calls or in any other way sexually harass or intimidate our Psychics or customer service agents. In the event we find evidence of this, We will report You to the relevant authority.

Harassment of any kind will not be tolerated. Mobile Mystic reserves the right to immediately terminate a call, block users, and alert authorities as they deem fit.

<b>P</b><b>ermitted Disclosures</b>

We may disclose your information, including, but not limited to, transcripts, surveys, recordings, and personal data, if it (a) is necessary to comply with legal proceedings (search warrant, subpoena, court order, etc.) or any other obligation from government authorities; (b) theoretically minimizes Our liabilities in actual or potential proceedings; (c) is for the protection of Our rights or property, or the rights or property of any person and organization; (d) is appropriate or necessary to enforce this agreement; or (e) is needed to deter illegal behavior like fraud, etc.

We may modify these Terms from time to time. When We do, We will provide notice to You by publishing the most current version and revising the date at the top of this page and any modifications shall be effective immediately upon such publication. By continuing to use the Website after any changes come into effect, You are deemed to agree to the revised Terms.

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