These Member Terms and Conditions (this "Agreement") apply to all users ("you" or "Member") who access and/or use the platform for on-line advice and professional consulting services ("Advisor Platform") available on www.Kasamba.com (the "Site"). This Agreement applies with respect to a Member's access and/or use of the Advisor Platform regardless of where such Advisor Platform is made available.
The Sites are owned and operated by Kasamba Inc. and Kasamba Ltd ("Company").
In addition to the Sites, the Advisor Platform, or a portion thereof, may also be made available via third party websites. If you have accessed the Advisor Platform, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Company is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.
YOU AGREE THAT BY USING THE EXPERT PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT
This Agreement sets forth and contains the terms and conditions between you and Company. By using any portion of any Site you agree to be bound by this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CONTINUE TO USE ANY PORTION OF ANY SITE. In such case you will not be able to register as a Member or otherwise use the Advisor Platform.
Company may modify this Agreement or any part hereof at any time as may be required for the provisions of services on the Sites and for other legitimate business purposes. Company will use commercially reasonable efforts to inform you of any material changes to this Agreement. However, Member is encouraged to check the terms of this Agreement frequently. By using the Advisor Platform or a Site (including maintaining your account) after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.
The Advisor Platform allows Members to locate an Advisor and ask questions or request advice and/or services directly from such Advisor. Company, via the Advisor Platform, enables a Member to negotiate and communicate directly with the Advisor and pay for the services purchased by the Member from such Advisor (each a "Transaction"). Each Member is solely responsible for every Transaction occurring under his or her account. See also User Name and Password.
Member acknowledges and agrees that Advisors are neither employees nor agents nor representatives of Company, and Company assumes no responsibility for any act or omission of any such Advisor.
the accuracy or availability of the Advisor Platform or the Sites, (b) the willingness or ability of any Advisor to give advice, (c) whether the Member shall find an Advisor's advice relevant, useful, accurate or satisfactory, (d) whether the advice of the Advisor will be responsive or relevant to the Member's question, or (e) whether the Advisor's advice will otherwise be suitable to the Member's needs. Company does not take responsibility for verifying the skills, degrees, qualifications, credentials or background of any Advisors. It is strongly recommended that the Member independently verify the skills, degrees, qualifications, credentials and background of each Advisor from whom he or she receives or contemplates to receive advice or services.
The Advisor Platform and Sites may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. Furthermore, the Advisor Platform and Sites may include bulletin boards which allow Members to post questions to Advisors regarding various topics and allow Advisors to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, LIVEPERSON DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR EXPERT ADVICE PROVIDED AND LIVEPERSON WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
Information furnished by Advisors is intended for general information purposes or entertainment purposes only. Any consultation with an Advisor via the Advisor Platform cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Advisors. Any reliance on such information is done at the Member's full and sole risk and liability.
This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
If a Member chooses to interact on or through the Advisor Platform with any medical professional, mental health professional, physician, attorney or other Advisor in a field requiring licensure and/or certification, the Member relationship (as with all other Advisors) is strictly with the Advisor. Company is not involved in any way with the substance of that relationship or the advice or information given therein, and Company does not validate the information or advice provided to you by such Advisor.
The advice or information provided by medical professionals, mental health professionals and physicians is provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Member by a doctor or other health professional. Members should not rely on or make health decisions based on advice provided by any Advisor on the Advisor Platform. Company strongly recommends that a Member seeking medical or mental health advice make an appointment for an examination in person with a qualified professional.
The advice or information provided by attorneys and other Advisors in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting.
Company does not review, endorse, recommend, verify or evaluate, or otherwise provide any warranty or guarantee with respect to, any mental health professional, medical professional, physician, attorney or other professional or Advisor on the site. Member understands that it is his or her responsibility to check the certification and/or licensing of the medical professional, mental health professional, physician, attorney or other professional Advisor with the applicable state licensing board or authorities in the Advisor's state or country.
Member understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Advisor may have been accessed through Advisor Platform or a Site, Company cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Advisor. Member also acknowledges and agrees that Member takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other Advisor through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other Advisor, and that the role of Company is strictly limited to providing access to such professionals and other Advisors for Member's consideration.
Member hereby releases and agrees to hold harmless Company and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Advisor in a field requiring licensure and/or certification, who may be accessed through the Advisor Platform or any Site.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA. IN THE UNITED STATES, PLEASE DIAL 911.
If a Member chooses to interact with any Advisor in the Spirituality & Religion, Home & Leisure, Social Media, Fantasy Sports or other entertainment-related fields, the Member relationship (as with all other Advisors) is strictly with the Advisor. Any opinion, response, advice, suggestion, prediction, information and/or other service provided by any such Advisor is provided for entertainment purposes only.
Member hereby releases and agrees to hold harmless Company, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, prediction, information and/or service of any Advisor in the Spirituality & Religion, Home and Leisure, Social Media, Fantasy Sports or other entertainment-related fields.
Company does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, expertise, claims or background of any Advisor or any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. Nothing contained in this Agreement, on the Advisor Platform, on any Site, on any third party site or provided otherwise shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to (a) any Advisor; (b) the Advisor Platform; (c) any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor or otherwise made available on the Advisor Platform; or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content or anything otherwise said or written by any Advisor, including any biographical information, qualifications, or other information spoken by any Advisor or contained in or made available on the Advisor Platform, any Site, any blog or any other forum.
MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND EXPERT PLATFORM ARE PROVIDED "AS IS", AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST LIVEPERSON, ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE EXPERT PLATFORM OR ANY EXPERT. THE USE OF A SITE AND THE EXPERT PLATFORM IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, LIVEPERSON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
Company expressly disclaims all representations and warranties related to information posted or transmitted by Advisors. If a Member decides to rely on information provided by an Advisor, Member must exercise a high level of care. The Member shall not have any claim or demand against Company, its parent, affiliates, and/or any of the foregoing's officers, directors, shareholders, employees, sub-contractors and/or agents with respect to any service or advice Member receives, uses and/or relies on. Company will not be deemed the provider of any Advisor's services or other information acquired through the Advisor Platform or the sites. The purchase of the services of any Advisor is entirely at the Member's sole risk.
Company does not assume, and will not be liable for: (1) the accuracy or availability of any site or the Advisor Platform; or (2) any damages or injury arising from or related to any Site, the Advisor Platform and/or any opinion, response, advice, prediction, recommendation, information and/or other service provided or not provided by any Advisor.
Company will not be liable for enforcing any agreement that was made between an Advisor and a Member, including a Member fee agreement. Member will be solely responsible for any agreement made with an Advisor.
In the event of a dispute regarding any Transaction conducted via the Advisor Platform or a Site, the Member hereby relieves Company, its parent, affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which Member may have against one or more of the above.
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT LIVEPERSON, ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) LIVEPERSON, ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) LIVEPERSON DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD LIVEPERSON HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Company will be capped at $10. This section (limitation of liability) shall survive termination or expiration of this Agreement.
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
Member shall ensure that all credit card and payment information presented by Member is accurate and correct and kept updated at all times and that Member is fully authorized to use such credit card and payment information for purposes of paying for services made available via the Advisor Platform.
Member is solely responsible for paying all fees incurred for the use of the Advisor Platform, including each Transaction under the Member's account. See also User Name and Password. Member shall also be responsible to reimburse Company for any expenses incurred by Company to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a Member's account disputed in violation of this Agreement. Company reserves the right to charge interest on any past-due amounts of 2% per month or the highest amount permitted by law (if lower). If a payment method is invalid and a Member incurs any past due amounts, Company reserves the right to charge the Member's payment method or any payment methods associated with the Member's account for any past due amounts (including any taxes and late fees, as applicable) until such amounts are paid in full.
A Member may make payments by charging the fees to the credit or debit card or the Paypal account on file. Each Member hereby expressly authorizes payments for all fees for each Transaction occurring under the Member's account. Additionally, Member may deposit amounts as reserved funds as part of the Member Account. Deposits may be made via a credit or debit card or Paypal account. Fees will then be deducted from the reserved funds as incurred, either as services are rendered, or promptly after a session with an Advisor ends. The reserve funds feature is offered by Company to Members for their convenience and is free for active accounts. Company reserves the right to charge an administrative fee of up to $US5.00 (the "Account Maintenance Fee") each month for inactive reserve funds (i.e., account reserve funds that have not been added to, or used for Transactions) for three or more months, which amounts shall be deducted automatically from the reserve funds. If a Member does not wish to incur the Account Maintenance Fee, the Member may request a refund of the reserve funds by clicking here and typing the word "refund" in the help search bar and filling out the necessary information. No Account Maintenance Fees will be incurred if the reserve fund balance is $US0.00. If Account Maintenance Fees were incurred on reserve funds deposited prior to July 1, 2013, the Member may request a refund of the Account Maintenance Fees charged by clicking here and typing the word "refund" in the help search bar and filling out the necessary information.
Company will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and an Advisor within seven (7) working days from the execution date of each transaction. Due to credit card and debit card payment processes, there may be a delay in processing charges. Charges incurred over a several day period may be consolidated and charged as a single charge to the Member's credit card or debit card. As a result, it is recommended that Members keep track of their own usage.
Member is obligated to report to Company in cases when he or she was billed directly by an Advisor (i.e. not through Company). Such report should include a description of the service that was rendered by the Advisor and the price charged.
Time charges to Members are based on increments of a minute as measured on Company's servers. Charges to Members are rounded up so that any part of a minute is considered a full minute of time charges. Company's billing system is not fault-free; therefore Company shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to email@example.com.
While Members are solely responsible and liable for all uses of the Advisor Platform (including, but not limited to, the selection of Advisors, communications with Advisors and fee arrangements with Advisors), and while Members assume the risk that any communications with an Advisor may or may not address a Member's questions or otherwise be satisfactory, relevant or acceptable to the Member, in certain limited circumstances Company may elect to refund a payment made by a Member for a communication session with an Advisor. The refund process is described at the following link: http://www.liveperson.com/Help/help-answers.aspx?level=2&ID=255.
When you, the Member, create and open an account with Company, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify Company of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Company encourages Member to change their password at least once a month. Company will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Company will hold you liable and responsible for any losses incurred by Company due to someone else's use of your account or password.
The Sites may contain links or other content related to web sites, products and/or services offered by third parties. Company has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Member acknowledges and agrees that Company is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Company encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
Company may include on the Sites advertisements on its own behalf or paid advertisements on behalf of third parties. By clicking on the advertisements, the Member may be redirected to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that Company is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.
Company reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that Company shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Company, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.
Company's services depend on various factors such as software, hardware and communications networks of Company, its contractors and suppliers. Company does not guarantee that Company's service will be uninterrupted or that it will be timely, secure or error-free.
Company, in its sole discretion and for any reason, may terminate Member's participation in the services and refuse any and all current or future use by Member of the Sites.
The Sites contain copyrighted material, trade secrets and proprietary information owned by Company, one of its affiliated companies, or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any services offered by Company. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Company, an affiliated company, or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.
The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Company, any of its affiliated companies or its licensors, or take any other action that infringes upon or impairs any of the foregoing’s trademark or other intellectual property rights.
Company, its affiliated companies or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Company, its affiliated companies or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.
Company may disclose Member information, including, but not limited to, personal information, transcripts, surveys, and recordings, if Company reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Company's liability in an actual or potential lawsuit, (iii) is necessary or appropriate to protect Company’s rights or property, or the rights or property of any person or entity, (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Members), or (v) is required or necessary to deter illegal behavior (including, but not limited to, fraud).
Company respects the intellectual property of others, and we ask our users to do the same.
Company may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's Copyright Agent the following information:
Company's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
Kasamba Inc. Legal Department
475 10th Avenue
New York, NY 10018
By phone: +1 917 591-3027
By fax: +1 917 591-3027
By email: firstname.lastname@example.org
Company grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
Member shall defend, indemnify and hold Company, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Advisor; (c) any content Member submits, posts or transmits through a Site and/or the Advisor Platform or otherwise provided by Member; and (d) Member's use of any Site and/or the Advisor Platform. This section shall survive expiration or termination of this Agreement.
Company may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Advisor Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Advisor Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Company must be delivered via express delivery or regular mail to:
Attn: Legal Department
475 10th Avenue, 5th Floor
New York, NY 10018
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Company. Any purported assignment without the prior written approval of Company will be null and void and of no force or effect.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of New York (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New York, New York. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Company and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Advisor Platform or the Sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Last Updated: May 16, 2014
Online Marketer? Blogger? Webmaster? Promote our Psychic Advice Platform and earn up to $100 per New Paying Client Read more >>
Online Marketer? Blogger? Webmaster?
Promote our Psychic Advice Platform and earn up to $100 per New Paying Client
Read more >>
Psychics are not employees or representatives of Kasamba.
Psychics are not employees or representatives of Kasamba.
Address: 5, 475 10th Ave, New York, NY 10018, United States - Kasamba Psychics.