TERMS AND CONDITIONS OF USE
Welcome to tarotpolis.com ("Site")! We are part of Tarotpolis, Inc., 2810 N Church St, PMB 30811, Wilmington, Delaware 19802-4447 (“Tarotpolis”, “we”, “us” or “our”), a Delaware Corporation.
PLEASE TAKE A FEW MINUTES TO REVIEW THESE TERMS AND CONDITIONS (“TERMS”). THESE TERMS CONSTITUTE THE LEGAL AGREEMENT BETWEEN AN USER OR A MEMBER ("YOU” or “YOUR”) AND TAROTPOLIS THAT GOVERNS YOUR ACCESS AND USE OF OUR SITE AND/OR MOBILE APPLICATION (COLLECTIVELY, THE “PLATFORMS”). BY ACCESING OUR PLATFORMS ON ANY DEVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU REGISTER FOR OUR PLATFORMS.
BY ACCESSING OUR PLATFORMS, YOU ALSO AGREE TO OUR USE OF YOUR PERSONAL INFORMATION AND CONTENT IN ACCORDANCE WITH OUR PRIVACY POLICY, WHICH IS AVAILABLE AT [_____] AND INCORPORATED BY THIS REFERENCE[1].
Unless amended or modified, these Terms will remain in effect while You are a User or a Member of our Services. We may revise these Terms at any time by updating our Platforms as specified in Section 2 “These Terms May Change” below. Your continued use of the Platforms after the date such change(s) become effective will be considered your acceptance to the revised Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORMS.
1. Definitions
Content – Anything posted on the Services by the Users or Members, including links to other websites as well as any and all content communicated by the Advisors (as defined below) verbally, in writing, or by any other means. TAROTPOLIS DOES NOT PROVIDE AND DOES NOT MODERATE ANY CONTENT, INCLUDING BUT NOT LIMITED TO, CONTENT SHARED BY ADVISORS OR USERS, NOR EXERCISE ANY FORM OF EDITORIAL CONTROL OVER IT.
Intellectual Property Rights - means any and all intellectual property rights and proprietary rights throughout the world and protected under any applicable laws, rules and regulations, whether existing under intellectual property, unfair competition or trade secret laws, or under statute or at common law or equity, including but not limited to: (a) copyrights, trade secrets, trademarks, service marks, trade names, patents, inventions, invention disclosures, know-how, proprietary data and databases, methods, techniques, works of authorship, computer software, systems, change documentation, interfaces, marks, designs, logos and trade dress, “moral rights,” mask works, rights of personality, publicity or privacy, and any other intellectual property and proprietary rights; and (b) any registration, application or right to apply for any of the rights referred to in this clause, including, any pending registrations or applications; and (c) any and all renewals, extensions and restorations thereof, now or hereafter in force and effect. Furthermore, if alternatively reasonable approaches and/or modifications to methodologies, techniques, design details, drawings, processes and procedures, inventions, know-how, pending patents, information disclosures, and/or other intellectual and/or proprietary property is/are reasonably likely to occur to one of ordinary skill in the relevant art, Intellectual Property Rights includes all those alternatively reasonable approaches and/or modifications unless otherwise expressly indicated.
Services – Tarotpolis provides the Platform where Users, under the terms set forth below, can connect with Advisors.
Members – Those who have registered a customer account and chosen to use the Platforms’ online service time (as set forth below).
Users – Anyone who visits the Platforms, including Members.
You – Any User of the Platforms, including Members.
Advisors – Independent contractors of Tarotpolis who completed Tarotpolis’s enrollment process and are allowed to offer their individual services to Members through the Platforms.
Personal Data means any information relating to an identified or identifiable natural person including any personally identifiable information (“PII”) and any other information that constitutes personal data or personal information under applicable Data Protection Laws; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2. General Conditions
By accepting these Terms or accessing our Platforms and/or Services, you hereby agree as follows:
a. You represent and warrant that you are of the legal age of majority in your jurisdiction as is required to enter into these Terms, and you have the capacity to enter into these Terms and the transactions contemplated under these Terms. Specifically, to use our Services, you must be at least 18 years old and provide accurate and complete information about yourself. We reserve the right to request additional information to verify your identity, and to deny or terminate your access to our Services if we are unable to verify your identity.
b. You represent and warrant that you are not subject to any applicable laws which would restrict or prohibit your access or use of the Services; and
c. You represent and warrant that any funds used by you in connection with the Site and Services are owned by you.
d. You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
e. You must not transmit any worms or viruses or any code of a destructive nature. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Service is provided, without express written permission by us.
We reserve the right to refuse our Service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of our Services. We may update or change these Terms at any time at our discretion. If we make any changes deemed to be material in our sole discretion, we will make a reasonable effort to inform you of such changes. If you object to a change, your exclusive remedy is to cease any and all access and use of the Site and Services.
3. Description of our Services
Our Services consist of an advisor Platform that allows Members to locate an advisor and communicate, interact, ask questions, or request advice and/or services directly from such Advisor, and to pay for such services directly to the Advisor.
YOU UNDERSTAND AND AGREE THAT TAROTPOLIS IS NOT INVOLVED IN OR RESPONSIBLE FOR ANY WORK PERFORMED OR ADVICE RENDERED BY THE ADVISORS AND HAS NO CONTROL OVER ANY ADVISOR’S PERFORMANCE OF THE ADVISORY SERVICES. TAROTPOLIS DOES NOT ITSELF PROVIDE ANY ADVICE, INFORMATION OR ENTERTAINMENT SERVICES OR OTHER PRODUCTS OR SERVICES, NOR VERIFY, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE IDENTITY OR QUALIFICATIONS OF ANY ADVISOR. TAROTPOLIS DOES NOT EVALUATE OR GUARANTEE THE ACCURACY, CORRECTNESS, SUITABILITY OR SUCCESS OF ANY ANSWERS, ADVICE OR SERVICES GIVEN BY ADVISORS THROUGH OUR PLATFORM. UNDER NO CIRCUMSTANCE SHALL TAROTPOLIS DEEMED THE PROVIDER OF ANY OF THE ADVISOR’S SERVICES OR OTHER INFORMATION ACQUIRED THROUGH THE PLATFORM.
4. DISCLAIMER- FOR ENTERTAINMENT PURPOSES ONLY; RELATIONSHIP BETWEEN TAROTPOLIS AND ADVISORS
ONLY YOU ARE RESPONSIBLE FOR CHECKING AN ADVISOR'S CREDENTIALS, QUALIFICATIONS, CREDENTIALS, LICENSES, AND OTHER DETAILS. TAROTPOLIS IS NOT RESPONSIBLE FOR ANY SUCH VERIFICATION.
YOU ACKNOWLEDGE AND AGREE THAT TAROTPOLIS’ ADVISORS ARE NOT OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES. WE ARE NOT RESPONSIBLE FOR ANY ACT OR OMISSION THEY COMMIT THROUGH OUR PLATFORMS.
Advisors are not employees or agents of Tarotpolis or its affiliates. All Advisors are engaged in separate relationships as independent contractors of Tarotpolis, hence we do not determine, control or oversee (i) the quality, relevancy, or accuracy of any advice provided by an Advisor, (ii) whether any Advisor is qualified to provide any specific advice, (iii) whether an Advisor is properly categorized or appropriate for the advice You are seeking, or (iv) the accuracy, correctness, relevance, or appropriateness of any postings by Members or Advisors on or through the Platform.
ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY ADVISOR IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.
ADVISORS ARE NOT PERMITTED OR WILLING TO GIVE MEDICAL, HEALTH, LEGAL, ACCOUNTING, FINANCIAL OR ANY OTHER PROFESSIONAL ADVICE. YOU AGREE TO ABSTAIN FROM ANY FORM OF MEDICAL, ACCOUNTING, FINANCIAL OR LEGAL QUESTIONS OR ANY OTHER QUESTIONS REQUIRING PROFESSIONAL EXPERTISE. You should not rely on or make health, legal, financial, or other decisions based on advice provided by any Advisor. We strongly recommend that individuals seeking medical or mental health advice see a qualified professional in person.
IF YOU ARE THINKING ABOUT SUICIDE OR ENDING YOUR LIFE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR 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.
5. These Terms May Change
We may change or amend these Terms from time to time without prior notification. If we make material changes, we will endeavor to notify You that our Terms have changed, either through the user interface, in an email message, or through other reasonable means. Your use of the Platform after the date such change(s) become effective will constitute your consent to the changed Terms. If You do not agree to the change(s), You must immediately stop using the Platforms; otherwise, the new Terms will apply to you.
6. Intellectual Property
The Services are owned and operated by Tarotpolis. Unless otherwise explicitly specified by Tarotpolis, the Platforms and the Services (including all materials that are included in or otherwise a part of the Services, such as past, present, and future versions, domain names, software, source and object code, the text, site design, logos, graphics, and the “look and feel” of the Services (collectively, "Tarotpolis Content")), and all Intellectual Property Rights therein, are owned, controlled and licensed by Tarotpolis. Tarotpolis Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Tarotpolis is prohibited. Any unauthorized use of the materials appearing on the Services violates copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
All trademarks, service marks and trade names of Tarotpolis used herein (including but not limited to: the company name, the company corporate logo, the Platforms‘ names, the Platforms‘ design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Tarotpolis or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Tarotpolis’ Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without Tarotpolis’s prior written consent. The use of Tarotpolis’ Marks on any other sites or network computer environment is not allowed. Tarotpolis prohibits the use of Tarotpolis’ Marks as a "hot" link on or to any other sites unless establishment of such a link is approved by Tarotpolis in advance.
7. Grant of License
As long as You comply with these Terms, we grant You a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Platforms as it is intended to be accessed and used, and in accordance with these Terms and applicable law. We grant You no other rights, implied or otherwise.
8. License Restrictions.
You are responsible for your use of the Platforms. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to us. You UNDERSTAND THAT THE SERVICES PROVIDED BY TAROTPOLIS AND/OR ANY OF THE ADVISORS ARE OFFERED SOLELY FOR THE PURPOSE OF ENTERTAINMENT AND AMUSEMENT. IF A USER NOTICES THAT AN ADVISOR CLAIMS OTHERWISE, THE USER SHALL NOTIFY TAROTPOLIS IMMEDIATELY. When You use the Platforms, You represent, warrant, and agree to the following:
You are at least 18 years of age. If You are under the age of 18, You may not use or register for the Platform or provide any personal information to us. Tarotpolis reserves the right to immediately terminate any member account and delete his or her information if it believes the member is under the age of 18.
You will not violate any law or regulation;
You will not seek medical, health, accounting, financial or legal advice from the Advisors. PLEASE NOTE THAT NEITHER TAROTPOLIS NOR ANY ADVISORS ARE ALLOWED OR WILLING TO GIVE MEDICAL, HEALTH, LEGAL, ACCOUNTING, FINANCIAL OR ANY OTHER PROFESSIONAL ADVICE. YOU AGREE TO ABSTAIN FROM ANY FORM OF MEDICAL, ACCOUNTING OR LEGAL QUESTIONS.
You will not violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
You will not post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
You will not send unsolicited or unauthorized advertising or commercial communications, such as spam;
You will not engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or mobile applications;
You will not transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
You will not stalk, harass, or harm another individual;
You will not impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
You will not use any means to scrape or crawl any Web pages contained in the Site;
You will not attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or mobile applications;
You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or mobile applications; or
You will not advocate, encourage, or assist any third party in doing any of the foregoing.
THE SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THE SITE.
9. Registration, Customer Accounts, Use of Site
YOU UNDERSTAND THAT THE SERVICES PROVIDED BY TAROTPOLIS AND/OR ANY OF THE ADVISORS ARE OFFERED SOLELY FOR THE PURPOSE OF ENTERTAINMENT AND AMUSEMENT. IF A USER NOTICES THAT AN ADVISOR CLAIMS OTHERWISE, THE USER SHALL NOTIFY TAROTPOLIS IMMEDIATELY. Before you make any purchases, you must first establish a customer account. By creating an account, You agree that e-commerce is provided as a convenience and Tarotpolis reserves the right to restrict any User from using the Platforms. You are responsible for maintaining the confidentiality of your customer account information, including your password and for all activity that occurs under your account. You agree to notify Tarotpolis immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Tarotpolis or any other User of the Platforms due to someone else using your password or customer account. You may not use anyone else’s customer account at any time. You may not attempt to gain unauthorized access to the Platforms, assist others in making such attempts or distribute instructions, software or tools for that purpose. Should You attempt to do so, your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update your customer account information by logging into your account and selecting the appropriate link. You may not use any automatic device, program, algorithm, or methodology or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Platforms or any Content. You may not in any way reproduce or circumvent the navigational structure or presentation of the Platforms or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platforms. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platforms or any of the systems or networks comprising or connected to them. Please note that Tarotpolis may, in its sole discretion and without prior notice to You, terminate your ability to make purchases for any reason or for no reason. YOU AGREE THAT TAROTPOLIS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCOUNT OR YOUR ABILITY TO MAKE PURCHASES ON THE PLATFORMS OR IN ANY OTHER MANNER.
10. Purchasing online telephone time, online chats, and other online services (“Online Service Time” or “e-Commerce”)
All interactions between You and an Advisor shall be billed through the Platform regardless of whether the interaction is online or offline. You agree to abide by the pricing terms agreed upon with an Advisor while using the Platform and to pay to Tarotpolis all fees for services rendered to You by Advisors.
The Platforms represent part of an online platform which offers You the opportunity to connect to independent advisors via telephone or an online chat (all together referred as “Online Service Time”). Before being able to use the Online Service Time You need to purchase Online Service Credit (“Credit”) – meaning credit with specified monetary value, paid for by the available payment methods set forth below – and add it to your account. The price stated for the Credit excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You expressly authorize payments for all fees for each transaction occurring under your account. When purchasing Credit, You will be charged for said product and also for the applicable taxes. Taxes are calculated based on your location at the time your customer account was registered. Any and all new member offers apply to first-time customers who have never made a purchase on the Platforms. Falsely created accounts will be subject to review and suspension. Every individual is restricted to only one (1) account. The maximum Credit that can be purchased by a User is Two Thousand U.S. Dollars ($2,000.00). You agree that the information You provide us is true, accurate and complete. All questions regarding telephone service memberships should be directed to our customer service line at ___________ or sent via email at info@tarotpolis.com.
To use your Online Service Time – and redeem purchased Credit – You can initiate calls or chats with the Advisors. The Advisors act independently and set their own rates for consultation via call/chat (time-based consultation). A User’s Credit will be debited in real-time with regards to time-based consultation. In addition, Users can book a consultation through the messaging (Email) tool integrated on the Platforms. First, the User must send an inquiry to an Advisor and formulate the specific question. Advisors can either reject the inquiry or provide a quotation. If a quotation is being provided, User, within three (3) days from the time the quotation was provided, can book the consultation via the Platforms. Provided that Tarotpolis accepts User’s offer, Tarotpolis will debit the Credit balance of the User and inform the Advisor that the consultation can be completed. If the Advisor does not complete such consultation within the time stated, the amount debited upon the booking will be refunded. Generally, any unused Credit will be refunded to the User upon request in writing. The repayment shall generally be made to the payment method used to purchase the Credit. PLEASE NOTE THAT AT NO POINT THERE SHALL BE A CONTRACT OR PAYMENT TRANSACTION BETWEEN ANY ADVISOR ON THE ONE SIDE AND ANY USER/MEMBER ON THE OTHER SIDE. TAROTPOLIS PROVIDES THE PLATFORMS TO HELP USERS/MEMBERS CONNECT WITH ADVISORS. TAROTPOLIS IS NOT INTERMEDIARY IN ANY PAYMENT TRANSACTION.
11. Conditions of Sale and Payment Terms / Refunds
To purchase Credit on our Site, You must be
(a) at least eighteen (18) years of age or the applicable state age of majority, whichever is older
(b) a natural person (no corporations, partnerships, or other legal entities).
(c) use one of the designated payment methods and provide the applicable information.
If You would like to close or suspend your customer account, please contact customer care at [___________][2] or send us an email at info@tarotpolis.com.
IF YOU WOULD LIKE TO HAVE YOUR CREDIT REFUNDED TO YOU, PLEASE NOTE THAT THE PLATFORMS OFFER A PREPAID SERVICE AND TAROTPOLIS WILL ONLY REFUND UNUSED CREDIT.
12. State and Local Tax
The tax rate applied to your purchase will be the combined state and local tax based on your billing address.
13. Methods of Payment, Credit Card Terms
All payments must be made by VISA, MasterCard or American Express (each of which may be removed by Tarotpolis in its sole discretion), or other payment services, including PayPal. Unless expressly set forth on the Platforms, we do not accept any other payment form. If we offer or accept any other form of payment, You hereby agree to all restrictions, terms and conditions associated with such additional form of payment. If You use a credit card, Your card issuer agreement governs your use of your designated card, and You must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You will ensure that all credit card and payment information You provide is accurate, correct, and kept updated at all times, and that You are fully authorized to use such credit card and payment information. You may be required to verify your account or payment method via phone or email. YOU, AND NOT TAROTPOLIS OR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, OFFICERS, REPRESENTATIVES, AGENTS, PRINCIPALS, SUCCESSORS, ASSIGNS, AND SUBSIDIARIES ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases at the rates in effect when the charges were incurred. Unless You notify Tarotpolis of any discrepancies within thirty (30) days after they first appear on your credit card statement, You agree they will be deemed accepted by You for all purposes. If Tarotpolis does not receive payment from your credit card issuer or its agent, You agree to pay all amounts due upon demand by Tarotpolis or its agents.
14. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to provide service. Tarotpolis reserves the right at any time after receipt of your order to accept or decline your order for any reason. All payment information must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any purchase of Credit.
15. Modifications to Prices or Billing Terms
TAROTPOLIS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
16. Modification and Termination of Services.
We may modify or discontinue, temporarily or permanently, any service part of the Platforms, with or without notice and without liability to You or any third party.
We reserve the right to accept, refuse or terminate your membership at our discretion and for any reason, and refuse any and all current or future use by You of the Platform.
We may send You an email and other communications related to your Online Service Time (regardless of any settings or preferences related to your customer account).
If We end Your rights to use the Service:
· You must immediately stop all activities authorized by these Terms, including your use of the Platforms.
· You must delete or remove the Platform from all devices and immediately destroy all copies of the Platform which You have and confirm to us that You have done this.
17. Indemnification
To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless Tarotpolis and its Affiliates, directors, employees, officers, representatives, agents, principals, successors, assigns and subsidiaries from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, (a) any breach of any representation, warranty, covenant or agreement made or to be performed by You according to these Terms; (b) Your refusal to pay for services provided by any Advisor; (c) any Content submited, posted or transmited through our Platform or otherwise provided by You; (d) Your use of any Platform; (e) any actual or alleged breach of these Terms by You or anyone using your account and (e) any breach of intellectual property rights of a third party. If we assume the defense of such a matter, You will reasonably cooperate with us in such defense. This Section shall survive the expiration or termination of these Terms.
18. DISCLAIMER OF WARRANTY REGARDING THE PLATFORM
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, SUFFERED BY YOU OR ANY OTHER PERSON REGARDING THE USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTACE SHALL OUR LIABILITY OR OF ANY OF OUR AFFILITIES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE CREDIT YOU PURCHASED FROM THE TAROTPOLIS IN THE SIX (6) MONTHS PRIOR TO YOUR ALLEGED CLAIM, IF ANY.
THE USER OF THE PLATFORMS, MAY IT BE A MERE VISITOR OR A PAYING MEMBER, DOES SO AT THE USER'S RISK. THE PLATFORMS, AS WELL AS ANY OTHER SERVICES OR GOODS PROVIDED THROUGH THE PLATFORMS ARE PROVIDED “AS IS” AND WITH NO WARRANTY. NEITHER TAROTPOLIS NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS LICENSORS AND/OR THE LIKE, WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT THE CONTENT AND MATERIALS WILL BE HOSTED AND/OR TRANSMITED WITHOUT INTERRUPTION OR CESSATION; AND THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE PLATFORMS OR RELATED SOFTWARES WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORMS OR ANY FUTURE SITES OR APPS DEVELOPED BY TAROTPOLIS NOR, AS TO THE ACCURACY, RELIABILITY, OR TIMELINESS OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PLATFORMS. ALL ADVISORS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, AGENTS OF, OR JOINT VENTURE PARTNERS WITH TAROTPOLIS FOR ANY PURPOSE. ADVISORS ARE AND WILL REMAIN INDEPENDENT CONTRACTORS IN THEIR RELATIONSHIP WITH TAROTPOLIS. TAROTPOLIS ASSUMES NO LIABILITY FOR THE ADVISORS’ RIGHT TO CONDUCT THE CONSULTATION AT A PARTICULAR LOCATION, OR THEIR POSSESSION OF ANY REQUIRED LICENSE. WE DO NOT GUARANTEE THAT THIS SITE OR EMAILS FROM US WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
19. Limitation of Liability
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (A) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE ; (B) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE ; (C) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR DATA (INCLUDING WITHOUT LIMITATION USER CONTENT, EDUCATIONAL MATERIAL, AND METADATA) MAINTAINED THROUGH THE SERVICE ; OR (D) YOUR FAILURE TO KEEP YOUR REGISTERED USER ACCOUNT DETAILS SECURE.
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM OR RELATED TO THE ADVISOR PLATFORM AND/OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED OR NOT PROVIDED BY ANY ADVISOR.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY AND THAT OF OUR AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. Links and Advertisements.
The Site may contain links or other Content (including advertisements on its own behalf or paid advertisements on behalf of third parties) related to web sites, products and/or services offered by third parties and Tarotpolis has no control over any such linked content or anything provided by any such third party. You acknowledge and agree that Tarotpolis is not responsible for such third party links, content, web sites, products or services and will not be responsible or liable for anything related thereto and agree that Tarotpolis will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged by or in connection with the use of or reliance on any such link, web site, content, product and/or service.
21. Data Protection.
We process your Personal Data in accordance with our [Privacy Policy][3] for the purpose of providing our Services and by using the Platforms and Services, you hereby agree that you have read and understood and shall be bound by our Privacy Policy.
22. Intellectual Property Infringement and DMCA Compliance
You shall not post content or use the Services for any purpose that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to you. Please notify us if you are aware of any intellectual property right infringement by a user of our Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “DMCA”), we designate the following individual to receive any notifications of an alleged infringement:
Copyright Agent:[4]
Tarotpolis Inc.
2810 N Church St
PMB 30811
Wilmington, Delaware 19802-4447
info@tarotpolis.com
An effective notification should include:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:
a) Your physical or electronic signature;
b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
We are responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to the Services. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Tarotpolis will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party's intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY TAROTPOLIS, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. YOU AGREE WE MAY PROVIDE YOUR NOTICE TO THE PROVIDER OF THE ALLEGEDLY INFRINGING MATERIAL.
We may terminate accounts of Clients and/or End-Users who repeatedly and intentionally infringe the intellectual property rights of others. The obligations under this section shall survive any termination or expiration of these Terms or your use of the Services.
23. Arbitration Agreement & Waiver of Certain Rights
YOU AGREE TO THE ARBITRATION AGREEMENT SET FORTH BELOW. PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THESE TERMS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that You would have if You went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.
Any dispute, claim or controversy (that is not resolved informally as set forth below) between You and Tarotpolis, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'Tarotpolis') arising from or relating in any way to: (1) these Terms and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms; or (2) your use of any Site owned or operated by Tarotpolis and its affiliated brands (collectively, “Claims”) will be resolved by binding arbitration, rather than in court. Claims shall be interpreted broadly.
24. Mandatory Informal Dispute Resolution
Tarotpolis values its customers and seeks to resolve disputes informally where possible. Before formally pursuing a Claim in arbitration, You agree to first send a detailed notice (“Notice”) to Tarotpolis by email at info@tarotpolis.com. If Tarotpolis has a dispute with you, Tarotpolis agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Tarotpolis to identify any transaction at issue; and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief You are seeking with a calculation for it. You must personally sign this Notice. Tarotpolis’s Notice will likewise set forth (1) information sufficient for You to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Tarotpolis agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Tarotpolis request a telephone conference with You in an effort to resolve your dispute as part of this informal process, You agree to personally participate (with your counsel if You are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, You or Tarotpolis may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by You or Tarotpolis. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
25. Initiating Arbitration and Arbitration Rules
Any arbitration between You and Tarotpolis shall be administered by the American Arbitration Association (“AAA”) in accordance with the Rules of the American Arbitration Association ("AAA Rules") in effect at the time. If the AAA is unavailable or unwilling to apply this section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under this clause as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.
To begin an arbitration proceeding, You must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to AAA. You must personally sign your demand for arbitration. You agree to also send Tarotpolis a copy of your demand for arbitration at info@tarotpolis.com. If Tarotpolis initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.
You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where You live or at another location reasonably convenient for you, or at a mutually agreed-upon location. Tarotpolis reserves the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time, Tarotpolis retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if You are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above.
26. Exclusion of Class Actions
Neither You nor Tarotpolis may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Tarotpolis' individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section “Arbitration Agreement & Waiver of Certain Rights” is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with Tarotpolis.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TAROTPOLIS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
27. Other Provisions
a) Under no circumstances will Tarotpolis be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
b) These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws rules or provisions.
c) If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
d) The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
e) We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
f) These Terms constitute the sole agreement between You and the Tarotpolis and its affiliated entities relating to your use and our provision of the Services and use of the Platforms and the subject matter hereof.
Last Updated: April 2023
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