Modern Day Psychics, Corp is a d/b/a and a subsidiary of Modern Day Online Network, INC.
Advisor Terms and Conditions
These Advisor Terms and Conditions (this “Agreement”) apply to all users (“you” or “Advisor”) who access and/or use the platform (the “Site”) as an advisor to provide online advice and services (the “Advisor Platform”). When you register as an Advisor, you automatically become a site customer (“Member”); therefore, the MEMBERS are an integral part hereof and are incorporated herein.
Modern Day Psychics may modify the Advisor Terms and Conditions at any time without prior notice but will use reasonable efforts to provide advance notice.
About Modern Day Psychics?
Psychics, shamans, seers, and mediums are just a few of the names given to those who have what we perceive as heightened senses; abilities to hear, see, feel, and touch what others cannot. These gifted souls have walked this world for ages, their abilities passed down generation to generation, used to harness the energies of the universe to help those in need of answers. What are modern day psychics? They are this generations giver. Passing on the age-old traditions their ancestors bestowed upon them to help guide us all in the current age. At Modern Day Psychics, we are creating a community of amazing advisors to guide and assist you in your life’s questions. We all wonder about our life’s path, our relationships, our financials, sometimes even an aimless feeling that pushes us to connect with intuitive helpers to tell us what the universe needs us to understand. Modern Day Psychics is going to be the place you go to find your answers and direction. We pride ourselves in a gathering place full of the most skilled advisors, who have practiced their craft for many years to ensure you obtain the highest quality you are searching for. No question is too large or too small to ask when you know you are getting the best that the modern day has to offer.
Disclaimer – For Entertainment Purposes Only
YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS BEING PROVIDED FOR USE AS IS. THE USE OF THE SITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. THE SITE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS.
If you decide to provide your services using the Site, you must exercise a reasonable standard of care, at least the same as a professional advisor would in a similar transaction not conducted through the Internet, or the standard of care mandated by your profession, whichever ishigher. You shall not have any plea, claim or demand against the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect of any services you provide in connection with the use of the Site. The Site Provider will not be deemed the provider or recipient of any services acquired through the Site. The sale or purchase ofservices is accordingly at your sole and entire risk.
Under no circumstances will the Site Provider, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Advisor 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), however it arises, whether inaction of contract, negligence or other tortuous action, or arising from the services or any provisionof this agreement. The Site Provider, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the lesser of total amount of money paid to the Site Provider by you through the Site in the six-month (6) period prior to the date the claim arose and $150. You acknowledge and agree that the Site Provider disclaims any liability with respect to any claim, suit or action brought by a member in connection with provision of any services by you (including, without limitation, representations by you as to your qualifications and advice) through the Site.
Modern Day Psychics does not control the accuracy of any postings on or transmissions through the Advisor Platform by Members. Modern Day Psychics also takes no responsibility for verifying the identity of any of its Members. Therefore, you are encouraged to independently verify the details and creditworthiness of Members to whom you give or contemplate giving advice.
Advisor and Member Communications
The Site Provider does not screen or edit the content of communications between Advisors and Members, but the Site Provider may screen, copy, transmit and review all communications conducted by or through the Site for technical support and/or to uphold the terms of this Agreement. All communications between Advisors and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. The Site has a Public Board available to its Advisors and Members. The Public Board allows Members to post questions or request services that can be viewed by all Advisors. Requests may be posted anonymously. A Member can designate the length of time they wish to have their question remain “in view” on the public board. All such postings are public until a Member enters into a personal negotiation with an Advisor. Certain e-mail and chat transcripts between Members and Advisors are stored on the Site servers are available for review by Advisors and Members for a certain amount of time, if the transcripts are of a paid session (email transcripts of non-paid sessions may also be available to Advisor). The Site denotes to its members which communications are visible to the public and those that are visible to specific, individual members only.
Relationship of the Parties
Advisors are independent contractors of Modern Day Psychics, and nothing in this Agreement shall be construed to create any association, partnership, joint venture, employee, or agency relationship between an advisor and Modern Day Psychics for any purpose. 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 in this Agreement or authorized in writing by the party to be bound.
As independent contractors, Advisors shall not be eligible to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by Modern Day Psychics to its employees. Modern Day Psychics shall not be responsible
for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes, making any insurance contributions, including for unemployment or disability, or obtaining worker’s compensation insurance on advisors’ behalf. As an independent contractor, each Advisor shall be independently and solely responsible for any income, sales and use, or other tax which Advisor may be or become obligated to pay by virtue of Advisor’s receipt ofany fees or other remuneration. Advisors shall be responsible for and shall indemnify Modern DayPsychics against all such taxes or contributions including penalties and interest. Modern Day Psychics is paid $6.00 from all advisors first ACH deposit for their yearly 1099 form.
Log-in Credentials. You are responsible for maintaining the confidentiality of your password, username,and any other security information related to your account. You are fully responsible for all activities that occur under your account.
Permitted Disclosures. Modern Day Psychics may disclose Advisor information, including, but notlimited to, personal information, transcripts, surveys, and recordings, if Modern Day Psychics reasonably believes that disclosure (i) is necessary 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 Modern Day Psychics liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect Modern Day Psychics rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement; or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).
Your Information. Modern Day Psychics may review any Advisor’s profile and amend any typing orspelling errors. Modern Day Psychics takes no responsibility for evaluating or verifying the truthfulness or accuracy of the information contained in an Advisor’s profile; an Advisor’s credentials or qualifications; or an Advisor’s postings or transmissions. Modern Day Psychics a may, in its sole discretion, remove or refuse to post or transmit any content uploaded by an Advisor. Each Advisor is responsible for all risks associated with uploading and transmitting material through the Advisor Platform, including its accuracy, reliability, and legality. You hereby grant Modern Day Psychics an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Advisor Platform.
You represent, warrant, and declare that while you are using the Advisor Platform, you will act according to the following rules:
You will prove correct and accurate representation of skills, degrees, qualifications, background, and other information and will always maintain and update such information to keep it true, accurate, current, and complete. You will maintain such skills, qualifications, and other information, including maintaining your status in good standing as a licensed professional as may be required by the
jurisdiction where you practice. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
You will not provide or attempt to provide any service or advice that you are not qualified to provide, including legal or medical advice or other advice/information which may only be lawfully provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship.
You will not provide advice regarding purchasing or selling securities or any report or analysis concerning securities or any product or services related to lotteries.
You will not engage in conduct that is harmful, unethical, fraudulent, deceptive, misleading, or offensive.
You will provide services to Members only through the Advisor Platform and will not exchange personal contact information with Members.
You will not take actions which may manipulate the integrity of the Member feedback rating system.
You will comply with all applicable laws, rules, regulations, and ethical codes.
You will not stalk, threaten, or harass others or attempt to invade their privacy.
You will not disclose information that was provided to you by a Member.
You will not transmit through the Advisor Platform: (a)any information or material that infringes a third-party right; (b) any third-party advertisements; (c) software viruses, Trojan horses, worms, or any other malicious application; (d) any information or material which may encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law; (e) any content that is unlawful, harassing, threatening, vulgar, racist, harmful or otherwise objectionable; (f) any unsolicited mass distribution of email or bulletin board postings.
You will not interfere with disrupt or attempt to gain unauthorized access to the Advisor Platform or its related servers or networks or operate robots or spiders to scan the Advisor Platform.
You may use deep linking only to your own personal web page within the Advisor Platform.
You may not view the Advisor Platform with a graphic user interface different from the one provided by the Advisor Platform.
If you are a medical professional or advisor:
You will not engage in the practice of medicine or enter into a physician-patient relationship with any Member through the Advisor Platform or prescribe or dispense any medications. You will advise Members that your advice is for informational purposes only and is not a substitute for the advice of a physician after a physical examination and will recommend that Members seek an in-person examination from a physician. Accordingly, you will not provide advice or information that requires an in-person physical examination of a Member.
You may provide advice or information only about non-emergency matters. For emergency matters, you will instruct the Member to immediately call 911 or their local emergency assistance.
When you create and open an account with the Site, you will be asked to provide a username and
password. You are entirely responsible for maintaining the confidentiality of your password and
username and any other security information related to your account. You will be fully responsible for
all activities that occur under your account, username or password. The Site Provider will not be liable
for any loss that you incur because of any breach of your account, either with or without your
knowledge. You may be held liable for any losses incurred by the Site Provider due to someone else’s
use of your account or password.
Any information or content that you post or transmit through the Site will not be considered your confidential information. You grant the Site Provider an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis. In addition, the Site Provider may disclose your information in accordance with the “Use of Data” section below.
Modern Day Psychics may modify the fees at any time without prior notice but will use reasonable efforts to provide advance notice.
All interactions between Advisors and Members will be billed through the Advisor Platform, regardless of whether the interaction is online or offline. You (a) appoint Modern Day Psychic as your limited agent where applicable to receive payments on your behalf for Services you provide and (b) agree that receipt by Modern Day Psychics of any such payment constitutes receipt by you and satisfies the User’s obligation to make such payment to you. Modern Day Psychics will use reasonable efforts to process each Member’s payment for the amount agreed upon between Member and Advisor (subject to Modern Day Psychics fee structure below) within14 business days of each transaction. Modern Day Psychics fee structure consists of a commission fee and a connection fee for each session.
Modern Day Psychics pay on a biweekly basis drawn from a US bank. Modern Day Psychics does not under any circumstance issue paper checks. You are solely responsible for reporting and paying any applicable tax or tariffs in connection with fees receivable or received from Modern Day Psychics.
Notwithstanding the below, Modern Day Psychics may withhold, in its discretion, amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed or charged back or, if Modern Day Psychics reasonably believes that fraud may have occurred in connection with payment, until Modern Day Psychics is able to verify that no fraud has occurred. If a Member has not paid, has later charged back payments, or fraud has been committed no advisor fee will be paid to an Advisor for that transaction. Admin will notify advisor in writing via email if any such issues occur along with amounts being held or owed to Modern Day Psychics. If Advisor has received payment from Modern Day Psychics on any Members nonpaid, returned or charge back payments, you authorize Modern Day Psychics to deduct said amounts from your next biweekly pay period. If you simultaneously
participate as a Member, Modern Day Psychics may transfer or set off payments from your pending earnings as an Advisor to your outstanding balance as a Member. Please refer to Click4Advisors Service Agreement for Advisors for additional Advisor Policies.
Modern Day Psychics billing system is not error-free, and Modern Day Psychics shall not be liable for any miscalculations or malfunctions in processing payments. If you think a mistake has occurred, a complaint must be submitted to Modern Day Psychics within 15 days of discovery of such mistake. Please use the
Contact Us page and choose “Advisor Questions” from the drop down. Please provide all pertinent information needed to validate a claim. Modern Day Psychics will use reasonable efforts to promptly investigate the matter and/or reach a final decision. Modern Day Psychics has the right to deny any complaints at its own discretion.
You may charge Members a price per-minute fee as part of the listed rate for Live Calls. All Members agree to charge $1.99-2.99 per minute for the first 60 days of employment to ensure the building of your clientele. After 60 days you may charge the amount you feel is fair to your abilities. Modern Day
Psychic shall receive from Members who provide Services commission equal to thirty- three percent (33%) of the Net Call Fees for all Live Call transactions that take place within all categories on moderndaypsychics.com. “Net Call Fees” means the Gross Call Fees Less Modern Day Psychics ‘s
platform fee. “Gross Call Fees” means the aggregate per-minute fees charged for each Live Call to your listing for the duration of the conversation. Modern Day Psychics reserves the right to change the amount of any fees at any time. Please refer to Click4Advisors Service Agreement for Advisors for additional fees deducted by them.
You may charge Members a price per-minute fee as part of the listed rate for Chats. All Members agree to charge $1.99-2.99 per minute for the first 60 days of employment to ensure the building of your clientele. After 60 days you may charge the amount you feel is fair to your abilities. Modern Day Psychics
reserves the right to change the amount of the platform fee at any time. Modern Day Psychics shall receive a commission equal to thirty-three percent (33%) of the Net Chat Fees for all Chat transactions
that take place within all categories on moderndaypsychics.com. “Net Chat Fees” means the Gross Chat
Fees Less Modern Day Psychics ‘s platform fee. “Gross Chat Fees” means the aggregate per-minute fees charged for each Chat to your listing for the duration of the Chat. Modern Day Psychics reserves the right to change the amount of any fees at any time. Please refer to Click4Advisors Service Agreement for Advisors for additional fees deducted by them.
You may charge Members a fee for responding to the Paid Mail requests that you receive. You must
clearly state the fee for responding to Paid Mail in your listing(s). Modern Day Psychics shall receive a commission equal to thirty-three percent (33%) of the Gross Mail Fees for all transactions that take
place (within all categories on moderndaypsychics.com). “Gross Mail Fees” means the aggregate fees for all Paid Mail sent from your User account that are accepted by Members. Please refer to Click4Advisors Service Agreement for Advisors for additional fees deducted by them.
Modern Day Psychics may, at its option, invite you to participate as a User in special offerings that may include custom branding, promotional pricing, qualifications verification and/or targeted promotion. You do not have any obligation to accept such invitations; however, if you do accept such an invitation,
you agree to be bound by the terms set forth in the invitation in addition to the terms and conditions of the User Agreement and the policies incorporated therein.
Tips are acceptable and no fees will be deducted by Modern Day Psychics. Tips cannot be asked for or assumed by an Advisor they are fully at the discretion of the Member.
Administrative fees may apply for additional administrative function such as returned payments and other administrative functions.
Use of Data
The Site Provider may disclose your information, including but not limited to personal information, transcripts, surveys, and recordings, if the Site Provider 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 the Site Provider’s liability in an actual or potentiallawsuit, (iii) is necessary or appropriate to protect the Site Provider’s rights or property, or the rights or property of any person or entity, (iv) is necessary or appropriate to enforce thisAgreement or (v) is required or necessary to deter illegal behavior (including, but not limitedto, fraud). The Site and the Site Provider may use the details of transactions executed through the Sitefor promotional and informational purposes and publish their details on the Site, provided that such publication will not identify the Advisor or Member in any means other than their Screen Name. The Site Provider may, in its discretion, create co-branded Websites with its partners. In such case, the Advisor listings may appear in the co-branded site, but the Site Provider willnot transfer any personally identifiable information about the Advisor to the other Website without receiving the Advisor’s prior consent. The co-branded sites are maintained on servers maintained and controlled by the Site Provider. The Site Provider may record the website from which a visitor has linked to the Site. If a visitor registers to become a Memberand/or an Advisor, the Site Provider may track the partner’s name, in order to further the relationships the Site Provider has with its partners.
If you access the Site from a location outside the United States, you do so at your own riskand are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
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 third-partywebsite, such use may be subject to terms and conditions imposed by such third party. Modern Day Psychics is not responsible for any terms, conditions, policies, acts, or omissions, ofany such third parties.
The Site Provider may include in the Site advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Advisor may be shifted to a Website of the advertiser or receive othermessages, information or offers from the advertiser. You acknowledge and agree that theSite Provider is not liable for the practices of advertisers or the content of their Websites, information, messages or offers.
Links and Advertisements
The Sites 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 offeredby third parties and Company has no control over any such linked content or anything provided by any such third party. The Member acknowledges and agrees that Company is not responsible for such third-party links, content, web sites, products or services and will not beresponsible or liable for anything related thereto and agrees that Company 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.
Modifications to and Termination of Service
Modern Day Psychics may modify or discontinue, temporarily or permanently, any part of the Advisor Platform, with or without notice to Advisor without liability to Advisor or any third party Modern Day Psychics, in its sole discretion and for any reason, may terminate Advisor’s participation in the Advisor Platform and refuse any and all current or future use by Advisor of the Advisor Platform. Modern Day Psychics will make reasonable efforts to invalidate your username and password within 30 days of receiving your notice. You may terminate this Agreement in writing at any time by emailing email@example.com, subject line: Terminate Account”. You may deactivate your own account for any period by logging in and deactivating your account.
Member shall defend, indemnify and hold Company, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “IndemnifiedParties”) 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 an representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement;
- 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.
The Sites contain copyrighted material, trade secrets, trademarks, patents and other proprietary information owned by Company (“Intellectual Property”), one of its affiliated companies, or its licensors.
This Agreement does not grant to the Member any rights to any Intellectual Property appearing on the Sites or any services offered by Company. The Membermay not create any derivative or similar work or technology based upon any Intellectual Property of Company, an affiliated company, or its licensors.
Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites. Company, its affiliated companies or its suppliers are the sole owners of all Intellectual Property. Except as otherwise expressly set forth or provided in this Agreement, Company, itsaffiliated companies or its suppliers shall retain all ownership rights in and to all Intellectual Property and content displayed on the Sites, including copies of data transferred or received byMember through the Sites. This section shall survive expiration or termination of this Agreement.
Limitation of Liability
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT LIVEPERSON, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORSAND AGENTS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITEDTO, 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. 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 ANDMEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD LIVEPERSON HARMLESS IN CONNECTIONWITH 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 ANYREMEDY OR NEGLIGENCE.
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 emailaddress 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. Noticessent to Company must be delivered via express delivery or regular mail to:
Modern Day Psychics, Corp is a d/b/a and a subsidiary of Modern Day Online Network, Inc.
15017 North Dale Mabry Hwy #1005
Tampa, FL 33618
You shall not assign your rights or obligations pursuant to this Agreement without the prior,written consent of Company.
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 theother, 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 assignsof 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 byCompany with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law from entering into trade relations with theUnited 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. 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.