Please note that subscribing to The Symposium with The Tarot Diagnosis does not mean you are therapy clients of either Luna or Shannon. The Symposium is not counseling, or psychotherapy, or a replacement for either. The Symposium is strictly for educational and entertainment purposes only. Live workshops and virtual gatherings will be recorded and saved for people to watch later. Please do not share anything personal that you do not want recorded for others to see. We cannot guarantee confidentiality.
was updated on and its effective date is: January 20, 2022
These Terms of Services (these “Terms”) are a binding contract between you and The Tarot Diagnosis LL, doing business as The Symposium, (hereafter “we”, “us”, “our”, “Company”, or “Symposium”). The Terms apply to your access to, and your use of our Symposium Website (“Website”), https://The Symposium.so, or our Symposium Web Application (“App”) and other online products or services that link to these Terms (collectively, the “Services”) through our Website or App.
The Symposium is an online community platform helps bring people together to foster discussions.
NOTE THAT THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
Summary of Material Terms
As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
· each component of our Services is licensed, not sold, to you, and you may use the Services only as set forth in these Terms;
· the use of the Services may be subject to separate third-party terms of service and fees, including, without limitation, terms of service and fees from your mobile network operator, including fees charged for data usage and overage, which are solely your responsibility;
· the Services are provided “as is” without warranties of any kind and our liability to you is limited;
· disputes arising under these Terms will be resolved by binding arbitration, as described below; and
· if you are using our App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple” below.
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the Terms plus the following specific terms:
· You may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
· You may not (i) access our API or documentation in violation of any law or regulation (ii) access our API in any manner that comprises, breaks, or circumvents any of our technical processes or security measures associated with the Services or in a way that poses a security vulnerability to customers or users of the Services (iii) access our API or documentation in order to replicate or compete with the Services (iv) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our API or Services or (v) attempt to use our API in a manner that exceeds rate limits or constitutes excessive or abusive usage.
· You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
If we believe that there is a violation of the Terms that can simply be remedied by your modification or update of your usage, we will, in most cases ask you to take direct action rather than intervene. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers, users, or any third parties.
Notice Regarding Apple
You acknowledge that these Terms are between you and The Symposium only, not with Apple, and Apple is not responsible for any App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and request that Apple refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any App. Apple is not responsible for addressing any claims by you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms, when using any App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If The Symposium provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.
The Services are not targeted toward, marketed to, or intended for use by anyone under the age of 18. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing their name, address and other personal information without parental consent online.
If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.
Accounts and Account Security
1. Eligibility: You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these Terms and that you agree on behalf of that entity, organization, or company to be bound by these Terms.
2. Registration: Anyone who is otherwise eligible to use the Services in accordance with these Terms may browse the public-facing pages of the Services. But to use most features of the Services, you must create an account (“Account”). Each Organization will designate an administrator for that Organization’s Account (the “Administrator”). Each Administrator may authorize other individuals from the same Organization to create an Account associated with that Organization (those authorized individuals, “Authorized Users”). Organizations, Administrators, and Authorized Users are, collectively, “Registered Users” and Registered Users and non-Registered Users are, collectively, “Users.”
3. Account Security: Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you will use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username or email address and password, and any device that you use to access the Services. You are solely responsible for maintaining the confidentiality of your password. Note, if you write into customer support requesting assistance, we are able to reset or set specific passwords for you. However, after you are able to login successfully, we encourage you to change your password. If you have any reason to believe that your account credentials have been compromised or that your Account has been accessed by a third party, you will immediately notify The Symposium via e-mail at TheTarotDiagnosis@gmail.com. Please note that Circle.so is able to mask into your account to see your account’s perspective for customer support and moderation purposes. You will be solely responsible for the losses incurred by The Symposium and others due to any unauthorized use of your Account.
Restrictions, Ownership, and License
The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to United States (U.S.) and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Services are controlled and operated by The Symposium from its offices within the U.S. The Symposium makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to The Symposium or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of The Symposium or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of The Symposium and is protected by U.S. copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as The Symposium conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials to you.
You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Services in accordance with these Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.
You also may not, without the permission of The Symposium, “mirror” any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.
All submissions, suggestions, ideas, artwork, or other information (the “Submission”), except your personal information, communicated to The Symposium through the Services become the sole and exclusive property of The Symposium. The Symposium is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future The Symposium endeavors. The Symposium will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not The Symposium, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.
The Symposium has the right but not the obligation to monitor and edit or remove any activity or content. The Symposium takes no responsibility and assumes no liability for any content posted by you or any third party.
The trademarks, service marks, and logos, including but not limited to The Symposium’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of The Symposium or others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. The Symposium’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of The Symposium. The Symposium prohibits use of the The Symposium and/or The Symposium’s logo as a “hot” link to any website, unless The Symposium first approves the establishment of such a link writing.
As a specific condition of your use of any of the Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorized access to The Symposium computer systems or networks connected to The Symposium, through hacking, password mining or any other means; (f) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (i) introduce any malicious or technologically harmful material into our Services; (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (k) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
1. Companies — Your Content: If you are using the Services on behalf of a company, you may be able to upload, post, or otherwise submit (“Submit”) content. The Symposium claims no ownership of your company content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Services.
2. Messages: The Services may allow Registered Users to send messages (“Messages”) to other Registered Users. The Symposium may terminate the ability of a Registered User to send Messages at any time and for any reason, without notice or liability to that Registered User. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to TheTarotDiagnosis@gmail.com. You agree that The Symposium may monitor Messages for compliance with these Terms, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
3. Content Generally: All forms of content that Users share with one another or with The Symposium through our Services are collectively referred to as “User Content.”
4. Limited License Grant to The Symposium: You grant The Symposium a world-wide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you Submit to the Services in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Services you elect to utilize. The Symposium may use the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you. The Symposium will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Services you utilize unless you tell us to.
5. Limited License Grant to Other Users: By posting or sharing User Content with other Users of the Services, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these Terms and the functionality of the Services.
6. Content Disclaimer: You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from The Symposium, that may contain errors, be offensive, indecent, or objectionable. You use the Services, and rely upon any Materials or Services, at your sole risk. The Symposium will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. The Symposium may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.
Revision Date, Modifications
These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, The Symposium may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms, and update the revision date date above. We may, but are not required to, notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. The Symposium expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Services infringe your copyright, you (or your agent) may send The Symposium a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of those works);
3. identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The Symposium to locate the material on the Service;
4. your name, address, telephone number, and email address (if available);
5. a statement that you have 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; and
6. 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send The Symposium a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA, see http://www.loc.gov/copyright for details.
Notices and counter-notices with respect to the Service should be sent to The Symposium, via e-mail TheTarotDiagnosis@gmail.com or via post 120 State St. E., Suite 106, Oldsmar, FL 34677.
Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to The Symposium for certain costs and damages.
THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. THE SYMPOSIUM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
THE SYMPOSIUM DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. THE SYMPOSIUM DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. THE SYMPOSIUM IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.
WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORSEEABLE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON YOUR BUSINESS DEALINGS WITH US DURING THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID US, THE AMOUNT OF $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes with Third Parties
THE SYMPOSIUM IS NOT AFFILIATED WITH ANY NON-EMPLOYEE WORKER, BUYER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY NON-EMPLOYEE WORKER, BUYER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE SYMPOSIUM FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. SHOULD YOU PERFORM WORK AS AN INDEPENDENT CONTRACTOR FACILITATED BY THE SYMPOSIUM FOR A THIRD PARTY, YOU ACKNOWLEDGE THAT THE THIRD PARTY FOR WHOM YOU PERFORM SUCH WORK IS THE PARTY ULTIMATELY RESPONSIBLE FOR PAYING YOU FOR THAT WORK. SHOULD THE SYMPOSIUM NOT RECEIVE PAYMENT FROM THE THIRD PARTY, THE SYMPOSIUM RESERVES THE RIGHT TO REQUIRE YOU TO SEEK ANY REIMBURSEMENT FOR YOUR WORK DIRECTLY FROM THE THIRD PARTY. IN SUCH INSTANCE, YOU AGREE TO HOLD THE SYMPOSIUM HARMLESS AND RELEASE THE SYMPOSIUM FROM ANY ASSOCIATED CLAIMS.
Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH THE SYMPOSIUM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
1. General: Access to and use of any of the Services and these Terms are governed by the laws of the State of Florida and the United States as applicable therein, without resort to conflict of law provisions. The Symposium makes no representation that the contents of any of the Services are appropriate or available for use outside of the United States, and those who choose to access any of the Services from other locations are solely responsible for compliance with their local laws. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation these Terms or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and The Symposium agree to (a) waive your and The Symposium’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services resolved in a court, (b) waive your right to proceed in a class, collective, or consolidated capacity, and (c) waive your and The Symposium’s respective rights to a jury trial. Your rights and The Symposium’s rights during the arbitration process may be more limited than the rights you or The Symposium would have in civil trial or appellate court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
2. Exceptions: Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator: Any arbitration between you and The Symposium, or you and The Symposium’s customers, will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes or the Employment Arbitration Rules and Mediation Procedures (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be Administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY.
4. Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). The Symposium’s address for Notice is: The Tarot Diagnosis LLC, 120 State St. E., Suite 106, Oldsmar, FL 34677. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or The Symposium may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Symposium must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, The Symposium will pay you not in excess of $600.
5. Fees: If you commence arbitration in accordance with these Terms, The Symposium will follow the AAA’s fee requirements under the applicable AAA rules, as modified by this agreement, where applicable. Any arbitration hearing will take place at a location to be agreed upon in Pinellas County, FL. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse The Symposium for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, you and The Symposium agree that the arbitrator shall decide all discovery and procedural matters and issue a reasoned award, and that the place of arbitration shall be Pinellas County, Florida. You further agree that you will reimburse The Symposium and any third party beneficiaries of this agreement for any costs or fees associated with enforcing this Dispute Resolution and Arbitration provision. Unless you and The Symposium otherwise mutually agree in writing, you and The Symposium agree that discovery is limited to no more than five interrogatories, five requests for admission, five requests for production, and two hours of depositions per side. You and The Symposium further agree that third-party subpoenas may be issued only after a showing of good cause, upon the arbitrator’s order allowing any such third-party subpoena to issue. You and The Symposium also agree that motions for summary judgment may only be filed upon a showing of good cause, upon the arbitrator’s order allowing such dispositive motions to be filed. All information and documents obtained during the arbitration will be treated as confidential and used only for purposes of the proceeding. You and The Symposium agree to negotiate in good faith and submit an agreed protective order to the arbitrator before making any potentially confidential disclosures. In the event that you and The Symposium cannot agree on a form of protective order, you and The Symposium agree to submit separate proposed protective orders and seek an extension of discovery and other deadlines, if necessary, to allow the arbitrator to enter a protective order before disclosures are made. You and The Symposium shall maintain the confidential nature of the arbitration proceeding and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or unless otherwise required by law or judicial decision. You and The Symposium agree that the arbitrator will render an interim reasoned award (“Interim Award”) on which you and The Symposium may comment for at least seven days concerning the law and reasoning of the Interim Award before an appealable, reasoned award (“Appealable Award”) is issued. You and The Symposium further agree that the Appealable Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Interim and Appealable Awards shall, at a minimum, be reasoned awards setting forth the findings of fact, conclusions of law, and the reasons supporting the arbitrator’s decision; that the Appealable Award may be overturned upon de novo review of legal errors and for clear errors of fact; and that the Appealable Award shall not be considered a final award until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of the Appealable Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office and notifying the other party in writing. Following the appeal process, the decision rendered by the AAA appellate tribunal may be entered in any court having jurisdiction thereof. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
Governing Law and Venue
These Terms, your access to and use of the Services, and any claim or dispute you may bring against The Symposium, its affiliates, subsidiaries, parent companies, members, shareholders, agents and assigns, shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law rules or principles (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of Florida, and Pinellas County.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
If The Symposium sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Services, authorize The Symposium to assign the information you provided to The Symposium or that The Symposium collected while you used the Services.
Consent to Electronic Communication
By using the Services, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to The Symposium using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.
These Terms constitute the entire agreement between you and The Symposium relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of The Symposium. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and The Symposium’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below:
The Tarot Diagnosis LLC
120 State St. E.
Oldsmar, FL 34677
When you use the Website, App, or Services, we may collect the following types of information from and about you. Some of this information may be considered “personally identifiable information” (“PII”) or “personal information” (“PI”), meaning it reasonably identifies you or your device or it is reasonably associated with you. It does not include transactional data related to purchases at or through the Website, App, or Services, unless we combine such transactional data with your PII or PI, which we may do. We also collect, use, and disclose aggregated or deidentified data that does not identify you or your device.
Information You Provide to Us:
When you open an account with us through the Services (“Account”), we may ask you to provide us with identifiers and contact information such as your name, email address, and any other information you may provide. We may also collect identifiers when you participate in any interactive features of the Services (like send a message through the Services), fill out a form, publish statements on our platform, participate in a contest or promotion, make a purchase, apply for a job, communicate with us via third-party social media sites, request customer support, or otherwise communicate with us.
When you pay for our Services, we ask for your credit card information. Your credit card is passed directly to our payment processor. We do not store this information on our servers. We may collect commercial information such as your purchase history, including records of products or services you have purchased, provided, returned, or are considering purchasing from us.
Finally, we may collect other content and information you share through the Services when you submit information or content, such as by commenting on a blog or participating in online communities, or when you otherwise interact with our Services. When you interact with other users, our customers, their admins and their online communities on our Website, App or Services, they may collect any content or information you share with them. The Symposium may also collect any content or information you share with others through the Website, App or Services.
Information That May Be Collected Automatically Through Our Website, App, or Services:
When you access or use the Website, App, or Services or transact business with us, we may automatically collect information about you, including:
Identifiers, such as your IP address, Internet service provider (ISP), the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), and identifiers associated with browser cookies, web beacons and similar technologies we deploy on our Website, App, or Services;
Internet or Other Electronic Network Activity Information: We may collect information about the devices and computers you use to access our Website, App, or Services, such as browser type, language, operating system, the referring web page, pages visited, and hyperlinks clicked. When you use our Website, App, or Services, we may collect usage information sent to us by your computer, mobile, or other access device that tells us how you are using the Website, App, or Services and other information about your internet activity (“usage information”).
Commercial Information such as your purchase history, including records of products you have purchased or are considering purchasing from us, services you have provided or have had provided to you, such as transactional information when you make a purchase, we collect information about the transaction, such as services provided, product details, purchase price, and date and location of the transaction.
Geolocation Information. We may derive the approximate location of your device from your IP address. We may combine this information with other location-based information, such as your billing or postal code. You have the ability to stop the collection of precise location information at any time (see “Your Choices” below for details).
We use the information we collect about you for a variety of business and commercial purposes, including, but not limited to:
· provide, maintain, and improve the Website, App, or Services;
· process, complete, and maintain records on transactions;
· provide our users, our customers and their admins, and the online communities with the Website, App or Services. Other users, our customers and their admins may use your personal information for their own purposes, such as to provide you with content, discussions, events and memberships;
· send you technical notices, updates, security alerts, and support and administrative messages;
· respond to your comments, questions, and requests, and to provide customer service;
· communicate with you about products, services, offers, promotions, rewards, and events offered by The Symposium and others, and provide news and information we think will be of interest to you;
· monitor and analyze trends, usage and activities in connection with our Website, App, or Services;
· detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of The Symposium;
· facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
· link or combine with information we get from our Website, App, or Services and from others to help understand your needs and provide you with better service;
· maintain appropriate records for internal administrative purposes;
· carry out any other purpose described to you at the time the information was collected or permitted by law.
With The Symposium Corporate Family. We may share the information we collect about you between and among our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership.
With Service Providers or Customers. We may disclose your information to vendors, consultants and other service providers under contract who help with our business operations or who we provide services to (such as web hosting and operations of the App, IT, to process opt-out requests, to assist us in responding to consumer requests for access, deletion, or correction of information, direct mail and email distribution, site analytics, operations or legal and compliance services, and customers purchasing services from The Symposium). We may also disclose your information to our customers. They may use your personal information for their own purposes, such as to provide you with requested community content.
With Data Analytics and Aggregation Vendors. We may share aggregated information that does not include your PII or PI, and we may otherwise disclose non-identifying information such as general (non-specific) geographic location, device/browser technology, onsite behavior, population data, user segmentation, survey results, and log data, with third parties for data analysis, demographic profiling, and other purposes. Any aggregated information shared in this manner will not contain your personal information.
With Legal and Law Enforcement. We may share information collected about you with law enforcement, governmental agencies, or authorized third parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Website, App, or Services user to legal liability or if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
In Connection with a Change of Control. We may transfer or disclose your information in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company.
With your Consent. Where applicable, we may share your information with your consent or at your specific direction.
Our App and Services are not intended for individuals under the age of 16. No one under the age of 16 is authorized to provide any personal information through the Website, App, or Services. We do not knowingly collect personal information from our Website, App, or Services from users in this age group. If we learn that we have collected or received personal information from a child under the age of 16, we will take reasonable steps to delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address below.
Social Sharing Features
The Website, App, or Services may offer social sharing features and other integrated tools, which let you share actions you take on our Website, App, or Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Links to Third-Party Sites
Our Website, App, or Services may contain links to other websites, including our affiliated or co-branded web sites. Other websites may also reference or link to our Website, App, or Services. These other websites may not be controlled by us. We encourage our users to read the privacy policies of every website or mobile application that collects PII or PI. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of other websites or mobile applications. Visiting these other websites is at your own risk.
Advertising and Analytics Services Provided by Others
Transfer of Information to the U.S. from Other Countries
The Symposium is based in the United States and we may process and store information in the U.S. and other countries. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
Additional Notice to European Residents
Sale of Personal Information:
We do not sell your information. We and our business partners may use tracking technologies to help us to understand our customers and users of the Website, App, or Services, to enhance your online experience, and customize our offerings in ways that may be deemed a “sale” of personal information under the applicable law.
We do not knowingly sell or otherwise disclose the PII or PI of minors under 16.
Choices for Access, Deletion, Opt-Out of Sale, and Right to Non-Discrimination for California Residents or As Required by Law:
If you are a California resident, you have the right to know what personal information we collect, disclose, and “sell” about you (as that term is defined in the CCPA). Additionally, you have the right to access, delete and opt out from the “sale” of your personal information.
Note that in relation to Customer Data, act as a “service provider” and have contractually committed ourselves to only process such information on behalf of and under the instruction of the respective customer. Please contact the respective customer to exercise your CCPA rights with respect to Customer Data.
1. Right to Know. The right to request, up to 2 times in a 12-month period, that we identify to you (1) the categories of personal information we have collected, disclosed or sold about you in the last 12 months, (2) the categories of sources from which the personal information was collected, (3) the business purpose for which we use this information, and (4) the categories of third parties with whom we share or have shared your personal information in the last 12 months;
2. Right to Access. The right to request, up to 2 times in a 12-month period, that we provide you access to or disclose to you, free of charge, the specific pieces of personal information we have collected about you in the last 12 months;
3. Right to Delete. The right to request, up to 2 times in a 12-month period, that we delete personal information that we collected from you, subject to certain exceptions;
4. Right to Opt-Out. The right to opt-out of the sale of your personal information to third parties (Note: we do NOT sell your personal information to third parties);
5. The right to designate an authorized agent to submit one of the above requests on your behalf; and
6. The right to not be discriminated against in receiving different or less favorable pricing, service or financial incentive for exercising any of the above rights.
To exercise these privacy rights and choices, please follow the instructions below:
· How to Request That We Identify or Provide You Access to Personal Information: You may request that we identify or provide you access to your personal information twice in a 12-month period. To do so, please email us at TheTarotDiagnosis@gmail.com In response to a request to identify your personal information, we will identify to you (1) the categories of personal information we have collected, disclosed or sold about you in the last 12 months, (2) the categories of sources from which the personal information was collected, (3) the business purpose for which we use this information, and (4) the categories of third parties with whom we share or have shared your personal information in the last 12 months. In response to a request to access your personal information, we will produce an “Access Report” detailing the personal information we have collected, disclosed, and/or sold about you. This Access Report will be delivered by mail or electronically at your request.
· How to Request Deletion of Personal Information: You may request that The Symposium delete the personal information it has collected and/or maintained about you. To do so, please email TheTarotDiagnosis@gmail.com. Note, we may need to retain certain personal information as permitted by law, such as to complete the transaction for which the personal information was collected, provide a requested good or service, detect security incidents, protect against malicious, deceptive, fraudulent or illegal activities, comply with legal obligations or to enable solely internal uses that are reasonably aligned with your expectations or lawful within the context in which you provided the information.
· How to Opt-Out of the Sale of Personal Information: We do not sell, share, or rent your personal information in any way.
Please note, we will take steps to verify your identity before fulfilling any of the above requests. If you maintain an Account with us, we will verify your identity through existing authentication practices for the Account (e.g., login and password). If you are not a registered Website, App, or Services user, we will verify your identity by matching two or three data points that you provide with data points that we maintain and have determined to be reliable for the purposes of verification.
Do Not Track Signals:
The Website, App, and Services do not respond to Do Not Track (“DNT”) signals to the extent received from a web browser. Because The Symposium is not aware of a universally accepted technological or legal standard for recognizing or honoring DNT signals as reflections of user choice, we do not respond to them at this time.
Consumers with Disabilities:
This policy is in a form that is accessible to consumers with disabilities.
You may update and correct certain Account information you provide to us at any time by logging into your Account. If you wish to delete or deactivate your Account, you may do so by clicking your Account and cancelling your subscription. You may also email us at TheTarotDiagnosis@gmail.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
If you initially consent to our collection of this location information through the Website, App, or Services, you can subsequently stop the collection of this information at any time by changing the preferences on your computer or device. If you do so, certain features may no longer function properly.
Communications with The Symposium:
We want to communicate with you in ways you want to hear from us. Examples include email, which may contain special offers and new product announcements.
To the extent that you are receiving marketing communications from the Website, App, or Services you may unsubscribe or opt-out of future communications as follows: If you no longer wish to receive emails you may click on the hyperlink titled “Unsubscribe” at the bottom of any marketing related email The Symposium sends to you, and then follow the directions to unsubscribe from email, or you can modify your preferences in your Account settings. Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your account or purchases.
Mobile Push Notifications/Alerts:
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device. By downloading and using our App, you may also receive promotional messages, offers, news and information about The Symposium. If you do not want to receive “in app” messages, offers, news and information, do not download or use our App.
The Tarot Diagnosis LLC
120 State St. E.
Oldsmar, FL 34677