The School for Psychics Terms of Service
Last Updated: September 11, 2026
Welcome, and thank you for your interest in The School for Psychics ("Community Owner," "we," or "us") and our online community, along with any mobile or other downloadable applications that we make available to enable access to the same (collectively, the "Community"). These Terms of Service are a legally binding contract between you and Community Owner regarding your use of the Community.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY ACCEPTING THESE TERMS, EITHER BY CLICKING "I ACCEPT," OR BY OTHERWISE ACCESSING OR USING THE COMMUNITY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF AND ACCESS TO THE COMMUNITY, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING COMMUNITY OWNER'S PRIVACY POLICY (COLLECTIVELY, THESE "TERMS") AND THE ADDITIONAL COMMUNITY TERMS ATTACHED AS EXHIBIT A (THE "ADDITIONAL TERMS") EITHER (A) ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR (B) IF YOU ARE ACCESSING THE COMMUNITY ON BEHALF OF AN ENTITY, ORGANIZATION, OR COMMUNITY OWNER, ON BEHALF OF SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER FOR WHICH YOU ACT, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE COMMUNITY. YOUR USE OF THE COMMUNITY, AND COMMUNITY OWNER'S PROVISION OF THE COMMUNITY TO YOU, CONSTITUTES AN AGREEMENT BY COMMUNITY OWNER AND BY YOU TO BE BOUND BY THESE TERMS.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMMUNITY OWNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1.
Eligibility. You must be at least 18 years old to join the Community or have the consent of a parent or legal guardian. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or you are at least 13 years old and have obtained verifiable consent from a parent or legal guardian to join the Community; (b) you have not previously been suspended or removed from the Community; and (c) your registration and your use of the Community is in compliance with any and all applicable laws and regulations.
2.
Accounts and Registration. To access most features of the Community, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at
support@theschoolforpsychics.com or by using the mechanisms made available by Community Owner.
3.
LICENSES
3.1.
Limited License. Subject to your complete and ongoing compliance with these Terms, Community Owner grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use any mobile or other downloadable application provided to you by Community Owner and associated with the Community on a mobile device that you own or control; and (b) access and use the Community.
3.2.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the software powering the Community; (b) make modifications to the software powering the Community; or (c) interfere with or circumvent any feature of the Community, including any security or access control mechanism. If you are prohibited under applicable law from using the Community, then you may not use it.
3.3.
Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Community ("Submissions"), then you hereby grant Community Owner and its Service Provider (defined in Section 16.1 below) an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Submissions in any manner and for any purpose, including to improve the Community and create other products and services. We will have no obligation to provide you with attribution for any Submissions you provide to us.
4.
Ownership; Proprietary Rights. The Community is managed by Community Owner using a platform made available by Service Provider. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Community provided by Community Owner or Service Provider ("Materials") are protected by intellectual property and other laws. All Materials included in the Community are the property of Community Owner or its third-party licensors (including Service Provider). Except as expressly authorized by Community Owner, you may not make use of the Materials. There are no implied licenses in these Terms and Community Owner and Service Provider reserve all rights to the Materials not granted expressly in these Terms.
5.
THIRD-PARTY TERMS
5.1.
Third-Party Services. Community Owner may provide tools through the Community that enable integration with third-party platforms, add-ons, services, or products not provided by Community Owner ("Third-Party Services"). If you direct us to transmit data to, or receive data from, a Third-Party Service on your behalf (including by enabling the applicable integration in the settings of the Community), then you authorize us and Service Provider to collect, access, use, derive, disclose, generate, transfer, transmit, store, host, or otherwise process ("Process") any such data, including User Content (defined in 6.1 below), in connection with the applicable integration, in a manner consistent with the functionality of the Community requested by you and the permissions granted to Community Owner by the relevant integration (which Processing may include, without limitation, performing queries on the data held by the Third-Party Service). You acknowledge and agree that your use of a Third-Party Service is subject to your agreement with the relevant provider of such Third-Party Service, and that Community Owner and Service Provider are not a party to such agreement. Community Owner and Service Provider do not control and have no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the Community or how the Third-Party Services or their providers use User Content. All data received from Third-Party Services on behalf of you as described herein will be deemed User Content under these Terms.
5.2.
Third-Party Software. The Community may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Community is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
6.
USER CONDUCT
6.1.
User Content Generally. Certain features of the Community may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Community, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Community, subject to the licenses granted in these Terms.
6.2.
Limited License Grant to Community Owner. By Posting User Content to or via the Community, you grant Community Owner and Service Provider a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Community. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Community Owner's or Service Provider's exercise of the license set forth in this Section.
6.3.
You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content including in all ambient music and underlying musical works embodied in any sound recording. Community Owner disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Community. By providing User Content via the Community, you affirm, represent, and warrant to us that:
(a)
you are the Community Owner and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Community Owner and users of the Community to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Community Owner, Service Provider, the Community, and these Terms;
(b)
your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Community Owner or Service Provider to violate any law or regulation or require Community Owner or Service Provider to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c)
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6.4.
User Content Disclaimer. Community Owner and Service Provider are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Community Owner or Service Provider may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Community, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Community Owner or Service Provider with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, Community Owner may (or may permit Service Provider to) investigate the allegation and determine whether to remove the User Content, which Community Owner and Service Provider reserve the right to do at any time, without notice, and for any reason. For clarity, Community Owner does not permit infringing activities on the Community.
6.5.
Monitoring Content. Community Owner and Service Provider do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Community by its users. You acknowledge and agree that Community Owner and Service Provider reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Community for operational and other purposes. If at any time Community Owner or Service Provider choose to monitor the content, then Community Owner and Service Provider still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with
Community Owner's Privacy Policy. Community Owner and Service Provider may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Community without any liability to the user who Posted such User Content to the Community or to any other users of the Community.
6.6.
Child Sexual Abuse and Exploitation. Community Owner and Service Provider prohibit any sexual content or suggestive content, and predatory or inappropriate behavior involving minors (i.e. users under 18 years old) or someone who appears to be a minor. This includes sharing, offering, or asking for child exploitation content, including child sexual abuse material (CSAM). If you are unsure about a piece of content involving a minor, do not share it. To report sexual, suggestive, or inappropriate behavior minors, you can use the in-line report feature on the website or app. When child sexual exploitation content is identified, the violative content is removed as soon as possible and the related account is banned. If Community Owner and Service Provider confirm the presence of CSAM, we take the steps required by law to preserve and refer the relevant content to appropriate authorities. In the United States, federal law requires that U.S.-based electronic service providers report instances of apparent CSAM to the
National Center for Missing and Exploited Children (NCMEC). NCMEC coordinates reports with global law enforcement agencies in over 120 countries through its partner organization, the International Center for Missing and Exploited Children.
7.
COMMUNICATIONS
7.1.
Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.
7.2.
In-App Notifications. When you install our app on your mobile device, we may send you in-app notifications. You can turn off notifications in the app's "settings" page.
7.3.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
8.
PROHIBITED CONDUCT. BY USING THE COMMUNITY, YOU AGREE NOT TO:
8.1.
use the Community for any illegal purpose or in violation of any local, state, national, or international law;
8.2.
harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Community;
8.3.
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
8.4.
access, search, or otherwise use any portion of the Community through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Community Owner or Service Provider;
8.5.
interfere with security-related features of the Community, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Community except to the extent that the activity is expressly permitted by applicable law;
8.6.
interfere with the operation of the Community or any user's enjoyment of the Community, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Community; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Community;
8.7.
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Community account without permission, or falsifying your age or date of birth;
8.8.
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4(Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
8.9.
attempt to do any of the acts described in this Section 8 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 8 (Prohibited Conduct).
9.
INTELLECTUAL PROPERTY RIGHTS PROTECTION
9.1.
Respect of Third Party Rights. Community Owner respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Community to do the same. Infringing activity will not be tolerated on or through the Community.
9.2.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended) and the Community is subject to
Service Provider's DMCA policy.
10.
Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Community. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Community. Except as expressly permitted in this Section 10 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
11.
TERM, TERMINATION, AND MODIFICATION OF THE COMMUNITY
11.1.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Community, and ending when terminated as described in Section 11.2 (Termination).
11.2.
Termination. If you violate any provision of these Terms, then your authorization to access the Community and these Terms automatically terminate. In addition, Community Owner may, at its sole discretion, terminate these Terms or your account on the Community, or suspend or terminate your access to the Community, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account at any time by using the mechanism designated in the Community or contacting customer service at
support@theschoolforpsychics.com.
11.3.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Community; (b) you will no longer be authorized to access your account or the Community; (c) you must pay Community Owner any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3 (Feedback), 4 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity), 13 (Disclaimers; No Warranties by Community Owner), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration), and 16 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Community since upon termination of your account, you may lose access rights to any User Content you Posted to the Community. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Community using a different name, email address or other forms of account verification.
11.4.
Modification of the Community. Community Owner reserves the right to modify or discontinue all or any portion of the Community at any time (including by limiting or discontinuing certain features of the Community), temporarily or permanently, without notice to you. Community Owner will have no liability for any change to the Community, including any paid-for functionalities of the Community, or any suspension or termination of your access to or use of the Community. You should retain copies of any User Content you Post to the Community so that you have permanent copies in the event the Community is modified in such a way that you lose access to User Content you Posted to the Community.
12.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Community, and you will defend and indemnify Community Owner, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Specified Entities") and Service Provider from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Community; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13.
DISCLAIMERS; NO WARRANTIES BY COMMUNITY OWNER
13.1.
THE COMMUNITY AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. COMMUNITY OWNER AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE COMMUNITY AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMMUNITY OWNER AND ITS SERVICE PROVIDER DO NOT WARRANT THAT THE COMMUNITY OR ANY PORTION OF THE COMMUNITY, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE COMMUNITY, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMMUNITY OWNER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
13.2.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMMUNITY, SPECIFIED ENTITIES, OR SERVICE PROVIDER, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE COMMUNITY WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPECIFIED ENTITIES OR THE COMMUNITY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE COMMUNITY AND YOUR DEALING WITH ANY OTHER COMMUNITY USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE COMMUNITY AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE COMMUNITY) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
13.3.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 (DISCLAIMERS; NO WARRANTIES BY COMMUNITY OWNER) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Community Owner does not disclaim any warranty or other right that Community Owner is prohibited from disclaiming under applicable law.
14.
LIMITATION OF LIABILITY
14.1.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SPECIFIED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COMMUNITY OR ANY MATERIALS OR CONTENT ON THE COMMUNITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPECIFIED ENTITY OR SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
14.2.
EXCEPT AS PROVIDED IN SECTIONS 15.5 (COMMENCING ARBITRATION) AND 15.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SPECIFIED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE COMMUNITY OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO COMMUNITY OWNER FOR ACCESS TO AND USE OF THE COMMUNITY IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
14.3.
WITHOUT LIMITING THE FOREGOING, YOU AND COMMUNITY OWNER AGREE THAT SERVICE PROVIDER IS NOT A PARTY TO THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE PROVIDER WILL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT IF YOU BRING A CLAIM AGAINST SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SUCH CLAIM IS SUBJECT TO THE DISPUTE RESOLUTION PROCEDURE SET FORTH IN SECTION 15, AND SERVICE PROVIDER WILL BE DEEMED SUBSTITUTED FOR COMMUNITY OWNER THEREUNDER SOLELY FOR THE PURPOSE OF SUCH CLAIM.
14.4.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15.
DISPUTE RESOLUTION AND ARBITRATION
15.1.
Generally. Except as described in Section 15.2 (Exceptions) and 15.3 (Opt-Out), you and Community Owner agree that every dispute arising in connection with these Terms, the Community, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMMUNITY OWNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to The School for Psychics, Attention: Legal Department – Arbitration Opt-Out, PO Box 23, Benton, KS 67017 that specifies: your full legal name, the email address associated with your account on the Community, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Community Owner receives your Opt-Out Notice, this Section 15 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 16.3 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
15.4.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, "JAMS Rules") as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Community Owner.
15.5.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Community Owner's address for Notice is: The School for Psychics, PO Box 23, Benton, KS 67017. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Community Owner may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Community Owner will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Community Owner has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
15.6.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Community Owner must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
15.7.
Arbitration Relief. Except as provided in Section 15.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Community Owner before an arbitrator was selected, Community Owner will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
15.8.
No Class Actions. YOU AND COMMUNITY OWNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Community Owner agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
15.9.
Modifications to this Arbitration Provision. If Community Owner makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Community Owner's address for Notice of Arbitration, in which case your account with Community Owner will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
15.10.
Enforceability. If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Community Owner receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.3 (Governing Law) will govern any action arising out of or related to these Terms.
16.
MISCELLANEOUS
16.1.
Third-Party Beneficiary. The Community is powered by a technology platform provided by CircleCo, Inc. ("Service Provider"). You and we acknowledge and agree that (a) Service Provider is an intended third-party beneficiary to these Terms, (b) is entitled to rights and benefits hereunder, and (c) may enforce these Terms against you as if it were an original party hereto.
16.2.
General Terms. These Terms, including the
Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Community Owner regarding your use of the Community. These Terms or any rights under these Terms, may not be assigned either by us or by you in whole or in part, by operation of law or otherwise, without our Service Provider's prior written consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.3.
Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Community Owner submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Kings County, New York for resolution of any lawsuit or court proceeding permitted under these Terms. Service Provider operates the service that we use to provide the Community from its offices in New York, and we make no representation that Materials included in the Community are appropriate or available for use in other locations.
16.4.
Privacy Policy. You understand and agree to the processing of your personal data in connection with the Community in accordance with
Community Owner's Privacy Policy, which is hereby incorporated by reference into Section 16.4 of these Terms.
16.5.
Precedence. In the event of a conflict between the Additional Terms and these Terms these Terms will control.
16.6.
Consent to Electronic Communications. By using the Community, you consent to receiving certain electronic communications from us as further described in our
Privacy Policy. Please read our
Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.7.
Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Community or to receive further information regarding use of the Community.
17.
Notice Regarding Apple. This Section 17 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Community Owner only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Community or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Community. If the Community fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Community. Apple is not responsible for addressing any claims by you or any third party relating to the Community or your possession and/or use of the Community, including: (1) product liability claims; (2) any claim that the Community fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Community and/or your possession and use of the Community infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Community. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Exhibit A: Additional Terms
COURSE TERMS AND CONDITIONS
Summary
• Welcome! This bullet-pointed summary is provided for your convenience, but you should absolutely, positively read this entire document because it is a binding agreement.
• The goal for the “Comment” paragraph below each section is to provide a plain-English summary of different terms in this agreement but, again, you should read this entire document because summaries and explanations don’t reflect every single detail.
• By selecting “I agree and consent” and/or by enrolling in any course through The School for Psychics (the “Course”), you are indicating that you have read and agree to these Course Terms and Conditions (the “Agreement”).
• The Course was created by TSFP Group LLC dba The School for Psychics (“Company” “we” or “us” ) with the goal of teaching you spiritual development (the “Course Objective”).
• You can’t, and won’t, copy, display, redistribute, or otherwise exploit or monetize any content found during your use of the Course except for your own personal use and work on the Course Objective – this means (and we mean this in the kindest way possible…) you cannot share screen shots, videos, or other media showing any part of the Course publicly (online or otherwise), with friends or colleagues, or anywhere else.
• There is -- or may be in the future -- a group or community component to the Course. Be courteous and use your best judgment. Hateful, harassing, violent, and/or otherwise unlawful or disruptive communications (as determined in our sole discretion) will not be tolerated and will be grounds to block you from any group components or otherwise immediately terminate your enrollment in the Course without refund.
• Results vary and are not guaranteed. Your participation in and dedication to the Course is critical to your own success!
• If you violate this Agreement, your access to the Course may be revoked or terminated, with or without warning.
Comment: This is a summary of what you can find in these Course Terms and Conditions. But know that it’s just a summary. You should absolutely read the entire Agreement because you are bound to it by enrolling in the Course.
Additional Terms and Conditions
In exchange for the promises made between you and Company, Company will provide educational materials (incorporated into the Course) with the goal of teaching you the Course Objective, and you and Company agree to all terms in this Agreement as a condition of your enrollment in the Course.
1. FEES AND ACCESS
We will provide the Course in exchange for the fee stated in your cart at the point of purchase (the “Fee”). Enrolling in the Course provides you instant access to the Course. If you choose to pay for the Course via an installment payment plan, you agree that we may automatically charge your payment method on file on a Monthly basis until paid in full. It is your responsibility to ensure your payment method is up to date. If your payment method fails, you are still responsible for payment of the entire Fee, and you promise to indemnify and repay Company for any costs of collections (including attorneys’ fees and costs) incurred as a result of failed payment(s).
Company reserves the right to immediately suspend or revoke your access to the Course or any Course Materials if you default in your payment obligations or otherwise breach this Agreement.
Your access to the Course and any Course Materials is all subject to the terms of this Agreement. For purposes of this Agreement, “Course Materials” means materials we created or provide as part of the Course, including, but not limited to, documents, templates, recordings, slide shows, worksheets, workbooks, guides, lesson plans, text, graphic designs and other designs, photographs, action plans, contracts, detailed instructions, and all other materials created or provided by Company through the Course. We reserve the right at any time to temporarily or permanently modify or suspend the Course or any part of the Course, including, but not limited to, adjusting the modules or lessons, limiting participation, and/or closing access to the Course, with or without notice. You will have lifetime access to the Course Materials. “Lifetime access” means access to the Course for so long as we make it available publicly.
ONCE YOU ACCESS THE COURSE OR ANY COURSE MATERIALS, YOU RELEASE THE ABILITY TO DISPUTE THE FEE WITH YOUR BANK. IF YOU ARE DISSATISFIED WITH THE COURSE IN ANY WAY, YOU MUST FIRST CONTACT COMPANY VIA EMAIL AT team@theschoolforpsychics.com AND MAKE A GOOD-FAITH EFFORT TO RESOLVE YOUR ISSUE WITH US BEFORE INITIATING ANY CLAIM, DISPUTE, OR OTHER LEGAL ACTION.
Comment: This section creates parameters around your access to the Course and defines what we consider “Course Materials.” Your access to the Course and all Course Materials is subject to the terms of this Agreement. Company can change, suspend, or end the Course under these terms.
2. COMMUNICATION
By purchasing the Course, you consent to receive notices, updates, and other communications from us via email. You may unsubscribe from these notices, but know that by unsubscribing, you may not receive crucial updates to the Course and/or Course Materials. We handle all personal information according to the terms of our Privacy Policy (available at https://theschoolforpsychics.com/privacy).
Comment: After you buy the Course, we’re going to email you. (You can unsubscribe.)
3. REFUNDS
Due to the digital nature of the Course, all sales are final. We do not offer refunds.
Comment: Please be aware of our refund policy.
4. CREATING AN ACCOUNT
You may have the option to create an account to access the Course. If you create an account, you must provide and maintain accurate, current, and complete information about yourself in the registration process. You are prohibited from misrepresenting your identity or affiliation with any person or business. You must promptly notify us with any questions or concerns of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Course. Do not share your username and/or password with any third-party.
Comment: You must submit true and accurate information when you create an account.
5. PARTICIPATION REQUIRED
Your own participation is integral to your success with the lessons taught within the Course and your successful achievement of the Course Objective. It is your responsibility to participate in the Course and any exercises and other recommendations in order to reach the Course Objective.
Comment: You get out of the Course what you put into it!
6. INTELLECTUAL PROPERTY
All Course Materials are Company’s exclusive property (and/or the property of its licensors), and are protected under applicable copyright, trademark, and other proprietary rights. You may only use the Course Materials as expressly permitted by this Agreement. Your violation of Company’s copyright and other proprietary rights in the Course Materials may subject to you to paying monetary damages and other penalties. You may use the Course Materials only in connection with your individual participation in the course and achieving the Course Objective. Replication or any other use of the Course Materials for monetization or for purposes of your own commercial benefit or profit is strictly prohibited. Unauthorized copying, distribution, publication, modification, other use, or making available any Course Materials for use or viewing by others – for example, allowing a non-Course student access to the Course Materials, whether by sharing your login and/or password or otherwise – is also strictly prohibited. You may not modify, monetize, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (or “knock-off” or “spin-off” works) from -- or transfer, sell or otherwise exploit or infringe on -- any portion of the Course or the Course Materials or any products, or services obtained from or otherwise transmitted through the Course. Nothing in this Agreement should be interpreted as granting any license or right for you to use any Course Materials or other intellectual property belonging to Company without Company’s express written permission. To be clear, Course Materials are not for resale or distribution in your own community, membership, course, business offer or product unless we specifically state otherwise, in writing. Any violation of this Section will be grounds for termination, with or without notice, and all other available legal action.
Comment: You don’t own any part of the Course Materials, and you can only access and use the Course Materials according to the terms of this Agreement. No sharing the Course Materials with anyone outside of the Course. No copying, monetizing, or otherwise using the Course Materials except for your own personal use.
7. COMPLIANCE WITH LAWS
You assume all knowledge of laws applicable to your use of the Course and Course Materials and are responsible for complying with all such laws. You are prohibited from using the Course in any way that violates any laws, regulations, or other government requirements.
Comment: You must use the Course in a way that abides by all applicable laws, regulations, and similar requirements.
8. DISCLAIMER
The Course is for educational purposes only. No content located on or accessed through the Course is intended to, nor does it constitute legal, professional, financial, tax-related, medical, or healthcare advice or diagnosis, and may not be used for such purposes. RESULTS VARY. COMPANY DOES NOT GUARANTEE ANY PARTICULAR RESULTS FROM THE COURSE. IT IS IMPOSSIBLE FOR US TO GUARANTEE THESE THINGS, SO WE MAKE NO WARRANTY (PROMISE) THAT 1) THE COURSE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 2) THE COURSE, AND ANY CONTENT PROVIDED IN THE COURSE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) ANY ERRORS IN SOFTWARE WE UTILIZE WILL BE CORRECTED, OR 4) YOU WILL BE ABLE TO ACCESS THE PLATFORM(S) ON WHICH THE COURSE IS MADE AVAILABLE. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Course.
Comment: Results aren’t guaranteed, and we make no warranties or guarantees regarding the Course or any specific results.
9. LIMITATION OF LIABILITY
COMPANY WILL NEVER BE LIABLE TO YOU FOR ANY UNFORESEEABLE DAMAGES THAT OCCUR IN CONNECTION WITH THIS AGREEMENT OR THE COURSE. IF LIABILITY IS IMPOSED ON COMPANY, THE MAXIMUM WE WILL BE RESPONSIBLE FOR IS THE FEE YOU PAID IN EXCHANGE FOR ACCESS TO THE COURSE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Comment: Company disclaims all liability in connection with the Course and Course Materials. If Company is found liable regardless of this disclaimer, the maximum we’ll be obligated to pay is the total Fee you paid for the Course.
10. COMMUNITY, GROUPS, AND PUBLIC FORUMS; PROHIBITED ACTIONS
There may be group, community, or public forum feature available through the Course. If you use a public forum and disclose personally identifiable information, you should be aware that such information could be accessible to other users. Company is not responsible for the personally identifiable information you choose to submit in public forums. You are and will remain solely responsible for the content you post on these forums and for the consequences of submitting and posting such things. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted or transmitted by others in the Course is at your own risk. You must use common sense when it comes to disclosing privileged or confidential information in any group setting and refrain from posting or stating such information. You are prohibited from doing or participating in any of the following in connection with your participation in the Course:
• Crossing appropriate boundaries in a group setting – either with Company or with other students/Course takers – (where appropriateness will be determined by Company in its sole discretion) including, but not limited to, unsolicited tagging, spamming, self-promotion (where inappropriate), disruptive sales tactics, or aggressively communicating with, or otherwise contacting other users (or Company) in connection with your business endeavors, campaigns, or otherwise;
• Using the Course for any commercial purpose or for the benefit of any third party, including, but not limited to, permitting unauthorized access to the Course, Course Materials, or any related content or selling any Course Materials or distributing or allowing access to the Course Materials to anyone else;
• Posting or transmitting material that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other intellectual property right, right to privacy, right of publicity, or personal, contractual, proprietary, or other third-party right of Company or any other person or entity;
• Posting or transmitting material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing, racist, or otherwise objectionable;
• Posting or transmitting material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation;
• Posting or transmitting material that includes private, personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
• Posting or transmitting material that contains a formula, instruction, or advice that could cause harm or injury;
• Posting or transmitting material where the licensed use of that material by Company would result in Company having any obligation or liability to any party; or
• Posting or transmitting material through the Course that could be used to facilitate mail abuse or unsolicited email of any type (spam).
We may reject or eject any student for any reason whatsoever.
Comment: Use common sense in public forums that might be available as part of the Course. (This means refraining from posting sensitive information.) You also definitely, definitely can’t do any of the bullet-pointed things above.
11. USER CONTENT
You warrant and represent (aka promise) that all content you add to any forums or submit to us including, without limitation, messages, documents, files, images, designs, photos, comments, videos, information, and/or other materials (“User Content”) does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or have the necessary permissions to use the User Content in that way. Company is not responsible or liable for any User Content accessible through the Course or any forum or community offered in connection with the Course. User Content does not express Company’s views. Company has the right, but not the obligation, to monitor User Content but does not guarantee that it will edit or delete User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior or any User Content submitted or transmitted by you through the Course or any related forum or community. Company is not responsible for the accuracy of any User Content and you -- and not Company -- are solely responsible for any User Content you post, upload, or access. Company provides this Course for entertainment, informational, and educational purposes only. You may not rely on any information and opinions expressed through the Course for any other purpose.
By posting or uploading User Content through this Course, you grant Company permission to use the User Content in connection with the Course. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location, in connection with broadcast, print, online, or other use or publication of your User Content solely in connection with promoting the Course. Regardless, you waive all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
Comment: You control all content that you add or upload through the Course and make certain promises with regard to that content. We aren’t responsible for any User Content, and you shouldn’t rely on any User Content. We don’t own User Content, but we have a license to use any User Content in connection with the Course.
12. SEVERABILITY
If any part of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain valid, binding, and enforceable.
Comment: If any part of this Agreement is stricken or unenforceable, the rest of this Agreement won’t be affected.
13. WAIVER
Company’s failure to insist on or enforce any provision of this Agreement will not be construed as, and does not constitute, a waiver of any other provision or right, or of any subsequent breach.
Comment: By waiving one breach of this Agreement, we’re not waiving subsequent breaches.
14. ASSIGNMENT
Company may assign this Agreement to a successor-in-interest. You may not. Any other assignment or attempted assignment made by you or Company will be deemed void.
Comment: You can’t assign your part in this Agreement.
15. APPLICABLE LAW; VENUE.
The laws of the state of Kansas, without regard to conflicts of laws principles, will govern this Agreement and any dispute that may arise between you and Company or its affiliates. Any and all disputes arising under or related to this Agreement must be settled in a court of competent jurisdiction in El Dorado, Butler County, Kansas (or, if no such court exists, as close as possible to that location).
Comment: Here are the state’s laws that apply and the geographic location where any disputes must be brought.
16. INDEMNIFICATION.
You will indemnify, defend and hold harmless Company and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to your material breach of this Agreement. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, under any circumstances, settle any such matter without Company’s written consent. Indemnification for purposes of this Agreement will include attorneys’ fees and costs Company incurs as a result of your breach.
Comment: If Company suffers damage or is on the receiving end of any claim, lawsuit, etc. in connection with your breach of this Agreement or in connection with the Course, you are financially responsible for that damage.
17. RELATIONSHIP OF THE PARTIES.
The relationship between you and Company is strictly an educational relationship. No professional relationship (such as attorney-client or doctor-patient) exists solely by virtue of your purchase or participation in the Course absent a separate, written, signed agreement between you and Company. You must consult with the attorney, certified professional accountant, and/or medical provider (as applicable) before taking action or making decisions that affect your finances, legal liabilities, and/or health.
Comment: This course is a course. Your purchase doesn’t create a doctor-patient, attorney-client, or other professional or protected relationship unless you have a separate, written agreement with Company on file.
18. ENTIRE AGREEMENT; ADDITIONAL MISC. TERMS.
The headings and summaries in this Agreement are for reference only and do not affect the interpretation of this Agreement. This Agreement, along with the Summary first listed above, the explanatory comments, and the Privacy Policy (available here: https://theschoolforpsychics.com/privacy) constitute the entire agreement between you and Company regarding the Course, and supersedes all prior or contemporaneous communications or agreements, whether electronic, oral, or written, between you and Company with respect to the Course. To the extent the terms in the body of this Agreement conflict or contrast with the Summary at the beginning of this Agreement, the provisions in the body paragraphs of the Agreement will govern its interpretation. Regardless, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Course. Company may revise this Agreement at any time by updating it and posting it on the Course website, but not without first notifying you. Your continued use of the Course after being notified of any changes that have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.
By enrolling in the Course, you agree that you understand and have thoroughly reviewed this Agreement, or that you have had ample opportunity to review it and have it fully explained to you.
If you have any questions regarding this Agreement, please contact Company at team@theschoolforpsychics.com.
Comment: This Agreement replaces any other agreements between you and Company regarding the Course. Company might update this Agreement, but you will be notified if that happens.