Terms of Use

Last Updated: January 1, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, DISPUTE RESOLUTION, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.

Welcome to the Vivi Stockwell - Psychic website. She provides psychic, spiritual and numerological entertainment services (“Services”), including providing live psychic, numerology & spirituality services and readings, and publishing newsletters, blogs and other psychic and spiritual content.

Your use of the Services and the Vivi Stockwell - Psychic website (www.vivistockwell.com), mobile site (m.vivistockwell.com), and applications (collectively, the “Sites”), including, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the Sites and related materials, is governed by these terms and conditions of use (“Terms of Use”), and is subject to arbitration (as set forth below).

The Services and the Sites are provided by Vivi Stockwell (known here as “Vivi Stockwell - Psychic”) for entertainment purposes only. You must be eighteen (18) years of age or older to get psychic readings and related services (“Readings, Sessions, Remote Healings, Classes and Presentations”). All purchases of Services using credit cards, debit cards, PayPal accounts, or other payment mechanisms shall only be made by the card or account holder. She wants you to enjoy and benefit from your Readings, Sessions, Remote Healings, Classes and Presentations and she makes every effort to provide you with helpful advice. However, this information should not be used in place of any recommendations by medical, legal or financial professionals or other professional counselors. It is your responsibility to evaluate any information, opinion, advice or other content provided through the Sites or in conjunction with, or during the Services you receive. You are solely responsible for anything you choose to do or not do in your life based on information she shares with you through her Services to you.

ACCEPTANCE PROCEDURE

By visiting and using the Sites or Services, you acknowledge that you have read the Terms of Use and that you accept and agree, without limitation or qualification, to be bound by the terms hereof. Vivi Stockwell - Psychic reserves the right, at her sole discretion, to change these Terms of Use from time to time, and your continued access to and use of the Sites and/or Services will be deemed to be your acceptance of, and agreement to, any such changed terms and conditions. If you do not wish to be bound to these Terms of Use (or any revisions to these Terms of Use) you must discontinue use of the Sites and the Services immediately.

PRIVACY POLICY

We know that the privacy of your personal information is important to you. The personal information you submit to Vivi Stockwell - Psychic is governed by the Privacy Policy posted on the Sites which is incorporated herein by reference and made a part of these Terms of Use. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

RULES OF SERVICE

Not for Use in Certain Jurisdictions

The Services may not be used by residents of any jurisdiction where such use is prohibited.

Age

To receive Services from Vivi Stockwell – Psychic you must be eighteen (18) years of age or older.

Payment and Charges

You agree to pay for all Readings and Services prior to the beginning of your session(s) with Vivi Stockwell – Psychic via PayPal or credit card. When the time allotted for your paid Service has expired, you may have the opportunity of continuing your time with Vivi Stockwell – Psychic if her schedule permits it. A new dollar amount will be agreed upon for your continued Service and payment will be made by PayPal or credit card before the session can continue. There are no refunds available once she has provided you a reading or service for the allotted time and cost you have agreed upon and purchased. You are responsible for being punctual and honoring the agreed upon time for your reading or session. If you are not available at the mutually agreed upon time for your Reading or Service she is not required to reschedule your appointment, extend your reading to make up for any lost time or refund all or part of your payment. However, if through no fault of yours, she is unable to keep your appointment time; she will reschedule your service at a new mutually agreed upon time. If she is late, she will provide the full amount of time you have paid for as part of the Reading or Service.

Recording and Retention of Readings/Sessions/Classes/Presentations

You agree that you will not use any audio recording or retention devices/technology in connection with Readings and Services, and you will not otherwise make any recordings, copies, scans, or transcriptions of Readings and Services, including any Readings or Services by phone, chat or direct message, without the prior written consent of Vivi Stockwell - Psychic. To protect your confidentiality she does not maintain or make any recordings containing the details of information provided to you during any Reading or Service provided by her to you. She cannot provide you information, details or recorded copies of any information she may have shared with you in the past during any Readings or Services.

Refusal of Services

Vivi Stockwell – Psychic reserves the right to refuse the provision of Services to any person for any reason. She also reserves the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on her Sites or using her Services. Furthermore, Vivi Stockwell – Psychic has the right to terminate the provision of Services at any time if a customer’s comments and/or behavior are deemed by her to be inappropriate, abusive, or threatening. Vivi Stockwell – Psychic will maintain a record of the termination incident and a customer may be denied future access to the Sites and/or Services because of it.

Discounts and Offers

Unless otherwise specifically provided, all coupons, discounts and special offers are nontransferrable, valid for a limited period of time, can be used only once per customer, and may not be combined with any other coupon, discount or special offer. Unless otherwise specifically provided, introductory offers are valid only for new customers on their first purchase. There is a limit of one introductory offer per person, credit card, phone number, address, and email, and anyone who attempts to circumvent this limitation may be refused service and subject to liability.

DISCLAIMER – NO PROFESSIONAL ADVICE

Information provided through Services by Vivi Stockwell known here as “Vivi Stockwell – Psychic” on the Sites, and in other Vivi Stockwell – Psychic materials, including but not limited to, information provided in Readings, Remote Healing Sessions, Classes & Presentations, newsletters, books, blogs, and social media postings is for entertainment purposes only. Information from her, including, but not limited to, her affiliates or their employees or contractors is not intended to be a substitute for any professional advice, including, but not limited to, (a) professional medical advice, diagnosis, or treatment, (b) professional financial or investment advice or guidance, or (c) professional legal advice. Never disregard or delay seeking professional medical advice or other professional advice because of something you have read on the Sites or due to information received through her Services. Vivi Stockwell - Psychic is not engaged in the practice of medicine or law and does not recommend or endorse any specific products, procedures, treatments, medications, opinions, or other information that may be mentioned, discussed, or described on the Sites or in Vivi Stockwell – Psychic materials or through her Services. She is not engaged in the business of providing financial or investment advice and her employees and/or contractors are not registered financial advisors. Your reliance on the information provided by her, her employee or contractor, by a third party vendor or moderator, by advertising partners or sponsors, or by other users of the Sites or Services is solely at your own election or choice. Any and all decisions that you make that are based in whole or in part upon information provided by Vivi Stockwell - Psychic, her employees, contractors, or sponsors, or otherwise available on the Sites, will be your sole and exclusive responsibility.

GENERAL DISCLAIMER

No advice or information, whether oral or written, obtained by you from Vivi Stockwell – Psychic, or her affiliates through the Sites or Services shall create any warranty, representation or guarantee not expressly stated in these Terms of Use. She makes no warranty or representation that availability or use of the Sites or Services will be uninterrupted or error-free. The information provided on, from or through her, her Services and the Sites is provided "as-is" and "as available,"and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement). The Sites and related information and Services may contain bugs, errors, problems or other limitations. Vivi Stockwell - Psychic and her affiliates have no liability whatsoever for your use of the Sites and Services and any such information or service.

LIMITATION OF LIABILITY

You expressly understand and agree that neither Vivi Stockwell personally, Vivi Stockwell – Psychic, nor any of her present or future company directors, employees, shareholders, affiliates (including parent or subsidiary companies), agents, representatives, joint venture parties, independent contractors, third-party information providers, merchants or licensors (collectively known as the “Vivi Stockwell – Psychic Parties”), will be liable to you, in contract or in tort, for any loss or damages, either actual or consequential, arising out of or relating to these Terms of Use or to your (or any third party's) use or inability to use the Sites or the Services, or to your reliance upon any information. In particular, the Vivi Stockwell – Psychic Parties will have no liability for damages of any kind, including, without limitation, compensatory, consequential, direct, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited mental, emotional or physical injury of any kind, accidental death, claims for defamation; errors; loss of data, loss of income, or profit, loss or damage to property; or interruption in availability of data), arising out of or relating to these Terms of Use, your use or inability to use the Sites or the Services, or to your reliance upon any information, whether based in verbal agreement, contract, tort, statutory or other law. The remedies provided for under these Terms of Use are exclusive and are limited to those expressly provided for in these terms. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental, or special damages or of implied warranties, in such states and jurisdictions liability is limited to the greatest extent permitted by law. The disclaimers and limitation of liability set forth herein are fundamental elements of the basis of the bargain between Vivi Stockwell – Psychic and you. The Sites and the information provided therein and the Services would not be provided without such disclaimers and limitations.

THIRD-PARTY INFORMATION

Any articles, press clippings or other third-party publications (collectively, "Publications") made available through the Sites are furnished by Vivi Stockwell – Psychic for your convenience and entertainment. She is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers or other information made available by third parties, including other psychics, information providers, or any user of the Sites, are those of the respective author(s) or publisher(s) and not of Vivi Stockwell – Psychic herself, her company or her affiliates. She disclaims any representation; either express or implied, that the information in such publications is accurate or complete.

RESTRICTIONS; COMPLIANCE WITH LAWS

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

• not to use the Sites or the Services for illegal purposes;
• not to interfere with or disrupt networks connected to the Sites;
• to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the Sites or the Services to send electronic mail;
• not to use the Sites or the Services to post or transmit any solicitation, advertising or promotional materials;
• not to use the Sites or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
• not to use false identities or impersonate any person or your affiliation with any person or entity;
• not to transmit any sexually explicit communications, photographs, or other materials;
• not to transmit any files containing software viruses or other harmful computer code;
• not to interfere with any other user’s access to or use of the Sites or the Services; or
• not to speak or act in a manner that is deemed by a reader to be inappropriate, abusive, or threatening.

Vivi Stockwell – Psychic reserves the right, in her sole discretion, to immediately terminate your access to and use of the Sites or the Services, without right to refund, for any violation of these Terms of Use.

LINKS TO SPONSORS AND OTHER THIRD PARTY SITES

The Sites may contain hyperlinks to other websites and web-pages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Vivi Stockwell – Psychic does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. She is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Sites. You agree that she shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Sites. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Sites does not indicate her approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Sites, or based on such third party’s participation or presence on the Sites, are solely between you and the third party. Vivi Stockwell - Psychics makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Sites to access any Third-Party Pages or ThirdParty Applications, you do so at your own risk.

INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF SITES

The content on or delivered through the Sites, including, without limitation, all designs, text, messages, communications, documents, graphics, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Vivi Stockwell Psychic’s licensors, and other files or information (“Content”), and the selection and arrangement thereof, is proprietary property and protected by copyright, trademark, and other intellectual property laws under both United States and foreign laws. Any use of Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Vivi Stockwell - Psychic hereby authorizes you to view Content for non-commercial personal use only. You shall not record or otherwise copy any Content. Specifically, and without limiting the foregoing, you shall not use any audio recording or retention devices/technology in connection with Readings or Services, and you will not otherwise record, copy, scan, or transcribe Readings or Services, including any by phone, chat or direct message, without the prior written consent of Vivi Stockwell - Psychic. All rights not expressly granted herein are reserved to her and her licensors.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, post, reproduce, republish or retransmit any Content contained in the Sites or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Content, without the express written consent of Vivi Stockwell - Psychic. No information or statement contained in these Terms of Use or the Sites shall be construed as conferring, directly or by implication, estoppels, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of Vivi Stockwell - Psychic, her affiliates, or any third party.

You may not, without her written permission, “mirror” any Content contained in the Sites or any other server. You may not use the Sites for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites through hacking, password mining or any other means. Vivi Stockwell – Psychic may, at her sole discretion, limit, restrict, or terminate the access and use of the Sites of any users at any time, for any reason or for no reason at all, without prior notice or any notice.

MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS)

You acknowledge that you are responsible for any information or material you provide to Vivi Stockwell - Psychic or post, upload, input, submit, or transmit to the Sites (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Sites any content which is libelous, scandalous, inflammatory, defamatory, discriminatory, false, vulgar, obscene, pornographic, profane, harassing, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views, or disability, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Vivi Stockwell – Psychic, exposes her or any of her licensors, partners, or customers to any liability or detriment of any type.

Submissions shall be deemed to be non-confidential and non-proprietary. Vivi Stockwell – Psychic shall have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to her and the Sites, you automatically grant to Vivi Stockwell – Psychic a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Submissions. You also permit any other user of the Sites to access, view, store, or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, if you send Submissions consisting of “testimonials,” you acknowledge that you grant Vivi Stockwell – Psychic the right to publicly display all or a part of such Submission on the Sites or in any other format or media at any time. Please note that Vivi Stockwell – Psychic does not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential.

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

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Vivi Stockwell – Psychic, her affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by her and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by Vivi Stockwell – Psychic and these Terms of Use. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Vivi Stockwell – Psychic all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Vivi Stockwell – Psychic, the Sites or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. She reserves the right to edit, remove or not publish Submissions without prior notice.

NOTICE AND TAKEDOWN PROCEDURES

If you are a copyright owner or agent thereof and believe that any Submission accessible on or from the Sites infringes upon your copyright, you will need to submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to her Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your name, address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You can reach the Copyright Agent by submitting a request through the Contact Me page and the Copyright Agent will reply promptly with further details regarding transmitting your notice and supporting documentation.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Vivi Stockwell – Psychic Parties from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of these Terms of Use, and (ii) your use of the Sites or the Services.

GOVERNING LAW

Except as specifically provided otherwise herein, the interpretation and enforcement of these Terms of Use and any disputes related to or arising out of your agreements with Vivi Stockwell – Psychic or use of the Sites or Services shall be governed by the laws of New Jersey without respect to its choice (or conflict) of laws rules. Notwithstanding the foregoing, the arbitration agreement set forth below shall be governed by the Federal Arbitration Act (as described further below).

DISPUTE RESOLUTION

Except as specifically provided herein, any dispute or claim relating in any way to your use of the Sites or Services, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. You agree that prior to binding arbitration all parties will first attempt to settle any dispute in good faith negotiations followed by mediation administered by the American Arbitration Association under their current rules in effect governing the type of transaction that took place between us.

This agreement does not in any way alter your ability to bring concerns to the attention of Vivi Stockwell – Psychic, or to raise any concerns with federal, state, or local agencies. The Federal Arbitration Act, federal arbitration law, and the laws of New Jersey, without regard to conflict of laws principles, apply to this agreement and any dispute or claim between you and Vivi Stockwell – Psychic.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Vivi Stockwell – Psychic. Use the Contact Me page to request exact mailing address to use. The arbitration will be conducted by the American Arbitration Association (AAA) pursuant to the Consumer Arbitration Rules then in effect (the “AAA Rules”), including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.

The place of arbitration shall be New Jersey, USA. The arbitration shall be governed by the laws of the State of New Jersey. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. If the claim is determined by the arbitrator to be frivolous, Vivi Stockwell – Psychic and you agree that she will be entitled to payment of all costs incurred by her as part of the process of defending herself against your claim, including but not limited to, mediation or arbitration administrative fees, mediator or arbitrator fees, attorneys'fees and any other legal or business costs incurred.

We each expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, regardless of whether the procedures or rules of AAA would allow such an action. We each expressly waive our rights to file or participate in a class action or seek relief on a class or representative basis. Further, and unless we each expressly agree in writing, the arbitrator may not consolidate more than one individual party’s claims with any other party’s claims, and may not otherwise preside over any form of a representative or collective proceeding. If for any reason the class, consolidated, or representative action waiver is found to be unenforceable, the class, consolidated, or representative action may only be heard in court and may not be arbitrated under this Agreement. If either party fails to comply with this arbitration provision relating to any Dispute, said breaching party shall be liable for the costs and attorneys’ fees incurred by the other party in enforcing compliance with the arbitration agreement. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or Vivi Stockwell – Psychic may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any suit, cause of action, or legal proceeding arising under or relating to the Sites or your use of any Service that is not addressed through arbitration or in small claims courts as provided above, shall be (i) governed by the laws of the State of New Jersey without respect to its choice (or conflict) of laws rules, and (ii) in the exclusive jurisdiction and venue of the state courts of New Jersey, situated in Bergen County, New Jersey or the federal courts situated in the District of New Jersey.

ENTIRE AGREEMENT

These Terms of Use constitute the sole agreement between you and Vivi Stockwell – Psychic, and her affiliated entities relating to your use and her provision of the Sites and the Services and the subject matter hereof.