Terms & Conditions
TERMS OF SERVICE
These Terms of Service (“Terms”) are an agreement between Twin Torches Tarot ( Emily Carsten), and you (“you” or “your”), individually a “Party” and collectively the “Parties”. These Terms govern your relationship with Emily Carsten. The Parties agree as follows:
1. The Services.
Emily Carsten will provide psychic reading services to you subject to these Terms (“Services”).The Services and Terms are non transferable. You shall not transfer or assign the Terms or any right or obligation of the Terms, by operation of law or otherwise, without the prior written consent of Emily Carsten. You must schedule a time for Services in advance and arrive at the location designated for the Services prior to your scheduled time.
2. Disclaimer.
You acknowledge and agree that, due to the nature of the Services: (i) Emily Carsten cannot and does not promise any outcomes for you based on the Services; (ii) the Services are provided for informational purposes only; and (iii) the Services are not a substitute for professional services or advice, including medical, legal, financial, or psychological. You acknowledge and agree that you are responsible for making decisions based on the Services and any consequences of your decisions.
3. Payment.
The Services are provided on a per minute basis. Payments are collected when the appointment is scheduled, and are nonrefundable after 24 hours before the scheduled time of the appointment.
4. Termination.
You may not terminate the Terms without Emily Carsten’s prior written consent. Emily Carsten may terminate the Terms at any time by notifying you. If Emily Carsten terminates the Terms prior to the Services being rendered to you, she will refund any amount paid by you for such Services.
5. Representations and Warranties.
Each Party represents and warrants that it has full power and authority to enter into the Terms and to effect the transactions contemplated in the Terms. You represent and warrant that: (i) you are at least eighteen (18) years of age; (ii) you have the right to carry out your obligations under the Terms; (iii) you are responsible for your conduct and actions; and (iv) the Parties’ performance under the Terms will not violate any separate agreements between you and any third-party, or violate any applicable laws, rules, or regulations.
6. Indemnification.
You shall indemnify Emily Carsten, and Psychic Sister, if reading there, and its owners, agents, and representatives (each an “Indemnified Party”) against any claims, actions, damages, liabilities, losses, or costs, including attorneys’ fees and costs incurred in the settlement or avoidance of any such claim, incurred by or asserted against any Indemnified Party resulting from or arising in connection with your conduct or any breach or alleged breach by you of any of your representations, warranties, covenants, or obligations under the Terms.
7. LIMITED LIABILITY.
Neither Party will be liable for any indirect, special, incidental, or consequential damages, or lost profits, that may arise in connection with the Terms. Emily Carsten’s liability arising out of the Terms will not exceed the amount actually paid or payable to Emily Carsten under the Terms.
8. EXCLUSION OF IMPLIED AND OTHER WARRANTIES.
The Services are provided “AS IS”. Emily Carsten makes no warranties, express or implied, and disclaims all implied warranties, including any warranty of merchantability or warranty of fitness for a particular purpose.
9. Assumption of Risk and Release of Liability.
You acknowledge and agree that: (i) you are aware of the risks involved in the Services; (ii) you accept and assume all risks associated with the Services; (iii) you are voluntarily participating in the Services in spite of the risks; and (iv) Emily Carsten assumes no responsibility and is not liable for any damage or loss suffered by you in connection with the Services. You waive, release, and discharge Emily Carsten from any claims or liability of any kind arising out of the Services or your use of Psychic Sister’s facilities, or the home of Emily Carsten. The Terms apply to any claim even if caused by negligence.
9. Miscellaneous.
The Terms constitute the entire agreement between the Parties and supersedes all prior understanding, whether written or oral. Except as provided in the Terms, no term or condition of the Terms may be amended or deemed waived, except by a writing signed by the Parties that refers to the Terms. If any term or part of a term is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect. The Terms will be governed by and construed in accordance with the laws of the state of Oregon, without regard to conflict of laws principles. Any claim arising out of the Terms, including tort claims, must be resolved in Multnomah County, Oregon.