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1. Eligibility to use the Site and Advisor Services is limited.
The Site and Advisor Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Advisor Services are not available to temporarily or indefinitely suspended Members.
You shall not use the Site or become a Member if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States or its citizens. Such countries include, without limitation, Afghanistan, Burma, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, Syria and Yugoslavia.
2. You use or provide Advisor Services, and consult with Advisors, at your own risk.
(a) SpiritualLightWorkers.com does not evaluate, provide or control the Advisor Services, or information or exchanges between Members, in any manner. Although Advisor listings may contain verified credentials, the verification services are provided by third parties and SpiritualLightWorkers.com does not itself provide any advice, information entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Advisor. Instead, SpiritualLightWorkers.com acts as a facilitator to allow Members to share advice, information entertainment services or other products or services among themselves. Although SpiritualLightWorkers.com helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, SpiritualLightWorkers.com does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Advisor listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. SpiritualLightWorkers.com is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Advisor Services, in evaluating the qualifications of, and statements made by, Members in listings or through the Member feedback system, and in disclosing personal information to other Members. SpiritualLightWorkers.com recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk. Placement of a Member in a particular subcategory does not mean that they are qualified in any such area or category. SpiritualLightWorkers.com assumes no responsibility for monitoring any Member feedback or otherwise policing its Members in any way. If you ever believe that a Member has violated the law or is defrauding, threatening or endangering anyone, SpiritualLightWorkers.com urges you immediately to contact the police directly for help. In addition SpiritualLightWorkers.com does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members to meet with them in person.
(b) SpiritualLightWorkers.com does not refer, endorse, recommend, verify, evaluate or guarantee any advice, information entertainment services or other products or services provided by Advisors or Members, or any specific Member, Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by SpiritualLightWorkers.com. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Advisor Services. Members who initiate, receive and/or discontinue use of the Advisor Services do so entirely at their own risk, and SpiritualLightWorkers.com bears no responsibility in this regard. In accordance with its Privacy Policy, SpiritualLightWorkers.com does not monitor telephone conversations between Members. However, SpiritualLightWorkers.com reserves the right to contact Members and review Mail without revealing its identity, in order to evaluate compliance with the rules and policies set forth in this Member Agreement.
(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services, you hereby waive all claims against and release SpiritualLightWorkers.com (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint ventures and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advisor Services or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
3. SpiritualLightWorkers.com may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) SpiritualLightWorkers.com reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. All modified terms and conditions will be effective thirty (30) days after they are initially posted on the Site. Changes to the Payment Policy are effective after SpiritualLightWorkers.com provides Advisors with at least fourteen (14) days notice of the changes by emailing Advisors. If any modification is not acceptable to you, your only recourse is to cease using the Site and Advisor Services. By continuing to use the Site or any Advisor Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.
(b) Without limiting other remedies, SpiritualLightWorkers.com may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you. In addition, SpiritualLightWorkers.com may notify your bank and/or authorities or take any actions it deems appropriate without notice to you, (i) if SpiritualLightWorkers.com suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by SpiritualLightWorkers.com; (ii) if SpiritualLightWorkers.com is unable to verify or authenticate any billing or payment information you provide to SpiritualLightWorkers.com; or (iii) if SpiritualLightWorkers.com suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, SpiritualLightWorkers.com or the Site. You have the right to cancel your membership in SpiritualLightWorkers.com by filling out the Customer Support form and selecting "Cancel Account" in the subject line. Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to SpiritualLightWorkers.com.
4. The Site is only a venue for Member listings.
SpiritualLightWorkers.com acts only as an interface to facilitate communications initiated between Members. As a Member, you are not an employee, agent or contractor of SpiritualLightWorkers.com, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Advisor Services, and for reporting and payment of all taxes associated with fees transferred to you by SpiritualLightWorkers.com.
5. You are solely responsible for all use made of the Site and Advisor Services under your password and Member account information and agree to pay for all Advisor Services purchased using your password and Member account information.
(a) The rates for Advisor Services are as set forth in the applicable Advisor listing. "Transaction" means any live or recorded call through the Site initiated using your password and Member account information and any Mail response sent to your Mail account in response to a request for advice, information entertainment services or other products or services from an Advisor who lists a fee for email responses (each a "Paid Mail"). You hereby authorize SpiritualLightWorkers.com to collect fees for each Transaction by debiting your Member account immediately upon conclusion of each Transaction, regardless of quality or completeness. Fees for live calls are calculated based on the per-minute rate listed and the duration of the call. Fees for recorded calls are determined based on the listed fee. Fees for Paid Mail are collected immediately upon acceptance of the Paid Mail, regardless of quality or completeness, by the receiving Member and are determined as set forth in the Advisor listings. You authorize SpiritualLightWorkers.com, directly or through third parties, to make any inquiries we consider necessary to validate your Member account and/or listing information. This may include ordering a credit report and performing other credit checks or otherwise verifying the information you provide.
(b) You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate (i) non-Members having access to or use of the Site or Advisor Services in any manner without such individuals first becoming Members and (ii) other Members to use a specific Advisor Service at the same time that you are doing so.
(c) You agree that SpiritualLightWorkers.com is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password. You agree that SpiritualLightWorkers.com may use information provided by you as described in the Privacy Policy.
(d) Based on Member account use and other factors identified by SpiritualLightWorkers.com in its sole discretion, SpiritualLightWorkers.com may require verification of your credit, identity and/or other background information in order for you to continue using the Site. In such event, you agree to provide SpiritualLightWorkers.com with additional information that may be requested, you consent to SpiritualLightWorkers.com's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information, and you authorize SpiritualLightWorkers.com to obtain a consumer credit report from consumer credit reporting agencies and to verify your identification.
6. In using or accessing the Site or Advisor Services, you agree to comply with the following:
(a) You (as a Member receiving Advisor Services) will not record or otherwise store any live or pre-recorded voice Advisor Services that you receive through the Site. You (as an Advisor providing Advisor Services) will not record or otherwise store any calls you conduct with a Member. Notwithstanding the foregoing, Advisors may provide pre-recorded voice Advisor Services (each, a "Recorded Listing" as described further on the Help page of the Site) to Members in accordance with the Advisor Rules Policy.
(b) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of SpiritualLightWorkers.com, and you will cooperate fully with SpiritualLightWorkers.com to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized SpiritualLightWorkers.com representatives access to any password-protected portions of your Member account.
(c) You will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
(d) You will conduct all for-fee communications that you have with other Members only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.
(e) You will not use the Site in any manner that harasses another Member or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.
(f) You will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Site.
(g) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
(h) You will not "frame," "mirror" or otherwise copy any portion of the Site without SpiritualLightWorkers.com's express written authorization.
(i) You will continue to provide true, accurate and complete payment registration information and will maintain as current and promptly update your personal contact information that you provide to SpiritualLightWorkers.com, as applicable. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(j) You will not use the Site to solicit Members, to promote any product or services other than the information services described in your Member listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").
(k) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites. See our Anti-Spam Policy for further information.
(l) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
(m) You will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties or leaving negative feedback if a Member fails to perform some action that is outside the scope of the services described in his or her Member listing.
(n) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.
(o) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and SpiritualLightWorkers.com policies.
(p) This Agreement shall be governed enforceable by the courts of the State of California with jurisdiction and construed in accordance with the laws of the State of California without regard to or application of choice of law rules or principles there in.
7. As between the parties, SpiritualLightWorkers.com shall retain all ownership in the Site including all URLs and any content created or derived from the Site.
You shall and hereby do assign to SpiritualLightWorkers.com all right, title and interest in and to any material, ratings, suggestions and/or comments submitted by you as part of the Member feedback system. You grant SpiritualLightWorkers.com the right to use or reference your Member name on the Site and elsewhere to promote the Site without your consent or compensation to you.
8. If you act as an Advisor, you will comply with and be subject to SpiritualLightWorkers.com's Advisor Rules Policy and Payment Policy.
SpiritualLightWorkers.com's Advisor Rules Policy and Payment Policy are available on the Advisor Rules Policy and Payment Policy pages, and are incorporated into this Member Agreement by reference.
9. Account Maintenance Fee.
SpiritualLightWorkers.com may charge an Account Maintenance Fee of two dollars ($2.00) per month for all Member accounts. However if the Member uses the Member account to purchase advice, information, entertainment services or other products or services, then for a period of twelve (12) months from the date of such use, SpiritualLightWorkers.com may waive the Account Maintenance Fee for all active Member accounts.
10. SpiritualLightWorkers.com's disclaims any warranties or representations regarding the Site and Advisor Services is limited.
THE SITE AND ANY ADVISOR SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SpiritualLightWorkers.com AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, ADVISOR SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, SpiritualLightWorkers.com makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
11. SpiritualLightWorkers.com's liability for your access and use of the Site and Advisor Services is limited.
UNDER NO CIRCUMSTANCES WILL SpiritualLightWorkers.com OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR ADVISOR SERVICES, WHETHER OR NOT SpiritualLightWorkers.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SpiritualLightWorkers.com AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY EARNED BY SpiritualLightWorkers.com FROM YOU (AFTER PAYMENTS TO ADVISORS AND OTHER THIRD PARTIES) IN THE PREVIOUS TWELVE (12) MONTHS, AND (b) ONE HUNDRED DOLLARS ($100). SpiritualLightWorkers.com WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
12. SpiritualLightWorkers.com prohibits the unauthorized use of copyrighted materials.
YOU SHALL NOT USE THE SITE OR ITS ADVISOR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
13. Links to Other Websites.
The Site may provide links to websites other than SpiritualLightWorkers.com. Such links are provided for reference only, and SpiritualLightWorkers.com neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
14. Notice.
Any notice or other communication to be given hereunder will be in writing and given (a) by SpiritualLightWorkers.com via facsimile, receipt confirmed, United States mail or email (in each case to the number or address that you provide), and (b) by you via email to support@SpiritualLightWorkers.com. The date of receipt shall be deemed the date on which such notice is transmitted in the case of facsimile or email, and five (5) days after receipt by the U.S. Postal Service in the case of United States mail.
15. No Assignment.
You shall not assign this Member Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SpiritualLightWorkers.com. Any such purported assignment or delegation by you without the appropriate prior written consent of SpiritualLightWorkers.com will be null and void and of no force or effect, unless otherwise expressly consented to by SpiritualLightWorkers.com LLC at its sole and absolute discretion. SpiritualLightWorkers.com may assign this Agreement or any rights hereunder without your consent.
16. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a partner, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
If any provision of this Member Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Spiritual Light Workers (Also known as SLW) failure to act with respect to a breach by you or others does not waive SLW right to act with respect to subsequent or similar breaches. The failure to SLW to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver or such right or provision. This Member Agreement shall be governed by and interpreted in accordance with the laws of the State of California.
The parties acknowledge that this Member Agreement is evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in this Member Agreement. You agree that this Member Agreement and the Member rules and the restrictions and policies contained herein, and SLW's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and SLW. This Member Agreement together with the rules and policies of SLW constitutes the entire agreement between SLW and you with respect to the subject matter hereof.
17. Trademark and Copyright
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