PsychicTXT | Terms of Service - PsychicTXT
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Terms of Service

Activepackets Inc. Terms of Service (“Agreement”)

Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using Psychic Txt (“the App”) operated by Activepackets Inc (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the App, Psychic Txt.

By accessing or using the App in any manner, including, but not limited to, visiting or browsing the App or contributing content or other materials to the App, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

FOR ENTERTAINMENT ONLY

THIS SERVICE IS PROVIDED BY ACTIVEPACKETS, INC. FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE PREMIUM AREAS OF THIS SERVICE. AT PSYCHIC TXT WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR READING. OUR PSYCHICS MAKE EVERY EFFORT TO PROVIDE YOU WITH HELPFUL ADVICE. HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH PSYCHIC TXT.

The use of the Psychic Txt application and services is governed by these Terms of Use. By using Psychic Txt, you acknowledge that you have read the Terms of Use and the disclaimers contained therein and that you accept and agree to be bound by the terms thereof.

Intellectual Property

The App and its original content, features and functionality are owned by Psychic Txt and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

DISCLAIMER – NO PROFESSIONAL ADVICE
INFORMATION PROVIDED THROUGH OUR SERVICES, ON THE WEB SITE AND IN PSYCHIC TXT MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED IN HOROSCOPES, TELEPHONE AND E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. INFORMATION FROM PSYCHIC TXT IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE OR INFORMATION RECEIVED THROUGH OUR SERVICES. PSYCHIC TXT IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW AND DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE PSYCHIC TXT WEB SITE OR IN PSYCHIC TXT MATERIALS OR THROUGH OUR SERVICES. PSYCHIC TXT IS NOT ENGAGED IN THE BUSINSS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND ITS EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY PSYCHIC TXT, BY A PSYCHIC TXT EMPLOYEE OR CONTRACTOR, BY A THIRD PARTY MODERATOR, BY PSYCHIC TXT SPONSORS OR BY OTHER USERS OF THE PSYCHIC TXT APP OR SERVICES IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY PSYCHIC TXT OR ITS SPONSORS OR OTHERWISE ON THE WEB SITE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.

GENERAL DISCLAIMER 
THE INFORMATION PROVIDED ON, FROM OR THROUGH PSYCHIC TXT, ITS SERVICES AND THE WEB SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE WEB SITE AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PSYCHIC TXT AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE APP AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, PSYCHIC TXT AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PSYCHIC TXT AND YOU. THE WEB SITE AND THE INFORMATION AND SERVICES PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PSYCHIC TXT THROUGH THE WEB SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. PSYCHIC TXT  MAKES NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  NEITHER ACTIVEPACKETS, INC., NOR ANY OF ITS AFFILIATES HAS ANY RESPONSIBILITY OR OBLIGATION TO NOTIFY YOU OF YOUR ACCUMULATED CHARGES OR OTHER EXPENSES WITH US.  THE AMOUNT OF TIME YOU SPEND WITH THE READERS WILL BE REFLECTED IN YOUR CHARGES AND IS SOLELY AT YOUR OWN ELECTION OR CHOICE.   ACTIVEPACKETS, INC, DOES NOT MONITOR USAGE PATTERNS AND IS UNDER NO OBLIGATION TO ANY CUSTOMER TO TAKE ANY ACTION OR TO REFRAIN FROM TAKING ANY ACTION WITH RESPECT TO USAGE OF THE WEB SITE OR SERVICES.

THIRD-PARTY INFORMATION 
Any articles, press clippings or other third-party publications (collectively, “Publications”) made available through the Web Site are furnished by Psychic Txt for your convenience and entertainment. Psychic Txt is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including psychics, information providers or any user of the App, are those of the respective author(s) or publisher(s) and not of Psychic Txt or its affiliates. PSYCHIC TXT DISCLAIMS ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

 

RESTRICTIONS; COMPLIANCE WITH LAWS
Your right to use the Web Site and the Services is personal to you. You are solely responsible for the contents of your transmissions through the App and your use of the Services is subject to all applicable local, state, national and international laws and regulations. By using the App or the Services, you agree:

  • not to use the App or the Services for illegal purposes;
  • not to interfere with or disrupt networks connected to the App;
  • to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the App or the Services to send electronic mail;
  • not to use the App or the Services to send chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use;
  • not to use the App or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
  • not to interfere with any other user’s access to or use of the App or the Services.
  • not to record or use any audio recording or retention devices/technology without the express written consent of Activepackets, Inc.
  • not to speak or act in a manner that is deemed by a psychic reader(s) to be inappropriate, abusive, or threatening.

Psychic Txt reserves the right, in its sole discretion, to immediately terminate your access to and use of the Web Site or the Services without right to refund, for any violation of these Terms of Use.

Important Note: It is a violation of our Terms of Use for you to be in direct contact with any of our psychics outside the online service or to ask any of our psychics for their direct contact information – if you do so in violation of these terms, Activepackets, Inc. bears no liability for any resulting actions, and your ability to use our services may be revoked. Any such activities in violation of our Terms of Use, may be reported to Activepackets, Inc. by our psychics and any such reports shall not be deemed a violation of our Privacy Policy.

LINKS TO SPONSORS AND OTHER THIRD PARTY SITES 
Certain links on the App will let you leave the App. These linked sites, for example those of our sponsors, are not under the control of Psychic Txt, and Psychic Txt is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Psychic Txt of any such linked site or the products therein.

INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF APP
The contents of the App, including, without limitation, all designs, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. Psychic Txt hereby authorizes you to copy (electronically or in hard copy) materials published on the App or in print for non-commercial personal use only, provided that any copy of these documents which you make shall retain all copyright and other proprietary notices and any disclaimer contained on the documents. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in the App or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Psychic Txt. No information or statement contained in these Terms of Use or the App shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of Psychic Txt, its affiliates, or any third party. Psychic Txt may, at our discretion, limit or restrict the access and use of the App of any users who infringe the intellectual property rights in the manner described above.

MATERIAL YOU SUBMIT 
You acknowledge that you are responsible for any submission you make (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the App any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
Submissions shall be deemed to be non-confidential and non-proprietary. Psychic Txt shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to Psychic Txt and the App, you automatically grant to Activepackets Inc. a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of Psychic Txt to access, view, store or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonial” e-mails, you acknowledge that you grant Activepackets, Inc. the right to publicly display all or a part of such Submission on the Web Site or in any other format or media at any time.

Please note that Psychic Txt does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential. For purposes of this paragraph, “Submissions” shall not include personally identifiable information, which shall be treated by Psychic Txt in accordance with our Privacy Statement.

This App (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Activepackets, Inc., its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this Web Site are also copyrighted works, and Activepackets, Inc., its subsidiaries and affiliates (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this App. By posting or submitting content on or to the App (including the Blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Activepackets, Inc, and its affiliates, agents and third party contractors the right to display or publish such content on the App and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the App made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the App, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and Activepackets, Inc., its affiliates or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Activepackets, Inc., its affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by Activepackets, Inc. and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Activepackets, Inc. all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Activepackets, Inc., this Web Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

We reserve the right to edit, remove or not publish Submissions without prior notice.

If you are a copyright owner or agent thereof and believe that any Submission infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Termination

We may terminate your access to the App, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Apps

Our App may contain links to third-party Apps that are not owned or controlled by Psychic Txt.

Psychic Txt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Apps or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party App that you visit.

By using this app, you (a) acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and Conditions (including our privacy policy (“Privacy Policy”)), (b) agree to follow these Terms and Conditions and all applicable laws and regulations governing our Sites, (c) represent and warrant that you are at least 18 years old, are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes on our Sites as if a resident, and have the right, authority, and capacity to enter into these Terms and Conditions (either on behalf of yourself or the entity you represent if you are using this Site on behalf of an entity). If you do not agree with the foregoing, you are not authorized to use the App.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United States, without giving effect to any principles of conflicts of law.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the App. Your continued use of the App after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the App or discontinue any use of the App immediately.

Violation of the Terms and Conditions

By using our App, you understand and agree that we, at our sole discretion and without prior notice, may suspend or terminate your access to, or bar your future access to, one or more of our Apps and to any services offered in our Apps, and may modify or remove any User Content if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law, these Terms and Conditions, or the rights of Activepackets or another user. We will have no liability to you for any deletion of your User Content. License Granted by You

By providing, submitting, uploading any communications, reviews, comments, feedback, postings, materials, photographs or artwork, personalization content, or any other content for use on any of our Sites or in connection with a customized product purchase (“User Content”), (a) you represent and warrant that you or the owner of all rights to such User Content and that such User Content does not violate our Acceptable Use Policy (below), and (b) you hereby grant us, and agree to grant us, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license (with the right to sublicense) in all languages to use, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, modify, sell and otherwise exploit all or any part of the User Content in our sole discretion by any method now existing or later developed, subject to our Privacy Policy. Subject to our Privacy Policy, any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Notwithstanding the foregoing, User Content that is Feedback will be assigned to Activepackets in accordance with the Section on Feedback below.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, ACTIVEPACKETS, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT), OR THIRD-PARTY MATERIALS OR WEB SITES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID TO ACTIVEPACKETS FOR THE APPLICABLE TRANSACTION GIVING RISE TO THE LIABILITY, OR, IF THERE IS NO PAID TRANSACTION RELATED TO THE LIABILITY, THE LESSER OF THE AMOUNTS PAID BY YOU TO ACTIVEPACKETS IN THE PRIOR TWELVE (12) MONTHS AND FIFTY DOLLARS ($50).

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.

Dispute Resolution

Agreement to Arbitrate Disputes: BY ACCESSING OR USING THE SITES, YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND ACTIVEPACKETS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE SITES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY AND PRACTICES (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU SPECIFICALLY AGREE THAT YOU ARE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION, AND YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Activepackets will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Activepackets also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees pays its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Notwithstanding the foregoing, to the extent the Dispute arises from a violation of your or Activepackets’s intellectual property rights in any manner, both parties agree that the non-infringing party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the “Governing Law” section below, and both parties consent to exclusive jurisdiction and venue in such courts.

Waiver of Class Arbitration: To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise (“Class Arbitration”). You further acknowledge and agree that any arbitrator assigned to a Dispute lacks the authority to conduct Class Arbitration and that such arbitrator shall only hear individual Disputes. By using the Sites, you acknowledge that you are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute subject to arbitration under these Terms and Conditions, such that you shall not be entitled to arbitrate any Dispute as a representative, a class action or in a private attorney general capacity.

Governing Law: These Terms and Conditions and all Disputes shall be governed in all respects by the laws of the State of New York, consistent with the Federal Arbitration Act, as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. Further in any arbitration, both parties agree the arbitrator shall honor claims of privilege and privacy recognized under New York law.

Enforcement of Arbitration Award: The arbitrator’s award shall be final and binding on all parties subject to these Terms and Conditions, and may be entered as a judgment in any court of competent jurisdiction.

Severability: If any portion of this “Dispute Resolution” section (with the exception of your Waiver of Class Arbitration) is deemed invalid or unenforceable by any arbitrator or court of competent jurisdiction, the invalid or unenforceable portion shall be severed and removed from the Terms and Conditions, and the remaining portions (including your Agreement to Arbitrate Disputes) shall remain binding on you and Activepackets.

However, if any arbitrator deems your Waiver of Class Arbitration to be invalid or unenforceable, then this entire “Dispute Resolution” section shall be null and void. Under such circumstances, you expressly acknowledge and agree that: (i) all Disputes shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions; (ii) all Disputes shall be resolved by a state or federal court located in the county of San Diego, New York; and (iii) you will submit to the personal jurisdiction of such New York state or federal courts for the purposes of litigating such Disputes.

Put differently, you agree that your Waiver of Class Arbitration cannot be severed from your Agreement to Arbitrate Disputes. Unless otherwise agreed to in writing, you expressly acknowledge and agree that it is your intent and the intent of Activepackets not to proceed with any Dispute by way of Class Arbitration.

Outside the United States

We make no representations that the Site Content is appropriate for access outside the United States. Those who choose to access any one of our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using any one of our Sites, you agree to indemnify and hold Activepackets, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content or your violation of these Terms and Conditions.

Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.

Other General Provisions

Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions. As used herein, the term “including” means “including without limitation”. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision. Neither party is the agent or partner of the other party. These Terms and Conditions may not be assigned by you without our prior written consent and any attempted assignment in violation of the foregoing shall be null and void. We may assign any of our rights under these Terms and Conditions without your prior written consent, to any third party. The terms of these Terms and Conditions shall be binding upon permitted assignees.

Contact Us

If you have any questions about this Agreement, please contact us as support@psychictxt.com