The terms “Mystics for Hire”, “Hire Mystics,”“us” or “we” or “MfH” refers to Ritual Finder, LLC., the owner of this Site. The term “You” refers to you, as a User of our Site.
- The Mystics for Hire Site
Our service and website is for entertainment only. This service is for adults 18 years of age and older. The information offered to You should not be used in place of any recommendations by medical professionals or other professional counselors.
To purchase any goods and/or services on our website or to list Your goods and/or services for sale, You must be (a) at least eighteen (18) years of age or the applicable state age of majority, whichever is older (b) a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any services on our website, You must provide us with a valid credit card number and associated payment information including all of the following: (i) Your name as it appears on the card, (ii) Your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge Your card. By submitting that information to us, You hereby agree that You authorize us to charge Your card at our convenience but within thirty (30) days of credit card authorization.
You may not access or use the Site if we have previously banned You from the Site.
1.3 Permission to Use the Site. We grant You permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at Your own risk.
1.4 Site Availability. The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- Services Provided
2.2 Key Points:
(b) Because the current version of MfH is a beta version, we may ask You to review and accept new or supplemental terms that apply to Your interaction with MfH and newly introduced functionalities in the future.
- General Terms
3.2 Responsibility for Your User Account. You must create an account and provide certain information about Yourself in order to use some of the features that are offered through the Site. This information includes Your email address. You are responsible for maintaining the confidentiality of Your account password. You agree to notify us immediately of any unauthorized use of Your account. We reserve the right to close Your account at any time for any or no reason.
3.3 Transactions on the Site. Transactions that take place on the Site are managed and confirmed via Square, or additional other third-party processors to be chosen by MfH.
3.5 Your Information Is Accurate. You represent and warrant to us that any information You provide to MfH, including any contact information, is accurate and that You will keep it accurate and up to date. If You do not wish to input certain information due to personal concerns, then please omit this information when You register for and use the Site.
3.6 Communications from MfH. By creating an account, You agree to receive certain communications in connection with the Site. For example, You may receive occasional emails, updates about special promotions and notification alerts. So long as You have an account on the Site, we reserve the right to communicate with You about important administrative issues relating to Your account (including technical, security-related, privacy and functional issues).
3.7 Mobile Phone Use. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by telephone service providers (“Carrier”), etc.). Without limiting the foregoing, You are solely responsible for the payment of all applicable fees associated with any Carrier service plan You use in connection with Your use of the Site (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, You should use care in selecting a service plan offered by Your Carrier.
4.1 General. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that You submit or transmit to, through, or in connection with the Site, such as profiles, reviews, replies, messages, and information that You publicly display or displayed in Your account profile. “User Content” means Content that Users submit or transmit to, through, or in connection with the Site. “MfH Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than MfH or Users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third-Party Content, and MfH Content.
4.3 MfH Content. We own the MfH Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the MfH Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, You may not modify, alter, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the MfH Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant You any express or implied rights, and all rights in and to the Site, the IP Rights, and the MfH Content are retained exclusively by us.
- Fees and Payments
5.1 Overview. All payments and transactions conducted on the MfH platform shall be governed by Transaction Terms of Square, which can be found here, or additional other third-party processors to be chosen by MfH.
5.2 Transactions Generally. All financial transactions conducted through the Site will be conducted through Square, or additional other third-party processors to be chosen by MfH.
5.4 BY USING THE SITE, YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT MFH HAS NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.
5.5 MFH WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR OR OUR USE OF SQUARE, OR ADDITIONAL OTHER THIRD-PARTY PROCESSOR TO BE CHOSEN BY MFH.
5.6 MfH currently charges You $30.00 per month, billable monthly, to list your services on the site. Currently there is no fee charged to the client who hires the Mystic. MfH reserves the right to change the fee structure at any time.
5.8 Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of Your order, nor does it constitute confirmation of our offer to provide service. MfH reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. All payment information must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any purchase.
5.9 Modifications to Prices or Billing Terms: MfH RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE OR BY E-MAIL DELIVERY TO YOU.
5.10 All prices listed or represented by MfH are in U.S. Dollars. No other forms of currency will be accepted and You are responsible for any additional expense related to currency exchange into U.S. Dollars.
6.1 Prohibited Activities. You agree not to, and will not assist, encourage, or enable others to:
(b) Violate, misappropriate, or infringe the rights of our Users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
(c) Engage in acts that are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
(d) Reverse engineer any portion of the Site;
(e) Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
(f) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
(g) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
(h) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), You agree that (i) Your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and You irrevocably waive, and cause to be waived, against MfH and its users any claims and assertions of any moral rights contained in such Feedback.
- Third Parties
8.1 Linked Sites. The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. MfH does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, MfH makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.
8.2 Your Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between You and such advertiser. YOU AGREE THAT MFH WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE, INCLUDING ADVERTISERS WHO ARE REVIEWED OR OTHERWISE FEATURED ON THIS SITE.
- Electronic Signatures and Agreements
- Warranty Disclaimer
10.1 NO WARRANTY. THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. MFH MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, MFH IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
10.2 Third Parties. MFH IS NOT AN AGENT OF ANY THIRD-PARTY PROVIDER. MFH MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, INCLUDING OUR INFORMATION SHARING PARTNERS OR ANY BUSINESSES OR ADVERTISER LISTED ON THE SITE. ACCORDINGLY, MFH IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OR OMISSIONS OF SUCH THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION.
10.4 Disclaimer of Warranties. MFH EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF MFH SHALL CREATE A REPRESENTATION OR WARRANTY. WITHOUT LIMITING THE FOREGOING, MFH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY MATERIAL OR DATA THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
10.5 Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
10.6 Disclaimer. MFH DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- Limitation of Liability
11.1 No Liability. Neither MfH nor any of its officers, directors, employees, partners, agents, affiliates or licensors shall be liable to You or any other person for any damages whatsoever, including any direct, indirect, incidental, special or consequential damages arising out of or relating to Your use of our Site or Content. If applicable law does not permit exclusion of all damages, then Your direct damages arising out of or relating to Your use of our Site or Content shall be limited to $100.
11.2 Enforceability. If any of the foregoing limits are not enforceable under applicable law, then they shall be construed to provide such limits to the fullest extent permitted by applicable law.
You agree to indemnify us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from Your breach of these Terms, Your Content or Your use or misuse of our Site and Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to Your indemnification, in which event You will cooperate with us in asserting any available defenses.
13.2 Losing Rights to the Site. We may close Your account, suspend Your ability to use certain portions of the Site, and/or ban You altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent You from accessing Your account, the Site, or any other related information.
13.3 Terms Continue After Termination. In the event of any termination of these Terms, whether by You or us, these Terms will continue in full force and effect.
14.1 Governing Law. You agree that these Terms and Conditions or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between You and MfH arising from or relating to these Terms and Conditions, their interpretation or breach, termination or validity, the relationships which result from these Terms and Conditions, the Site, MfH advertising or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of Arizona.
14.2 Binding Arbitration – Class Action Waiver. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between You and MfH, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “MfH”) arising from or relating to these Terms and Conditions, their interpretation or breach, termination or validity, the relationships which result from these Terms and Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms and Conditions), the Site, MfH’s advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the Consumer Arbitration rules then in effect, or any other established alternative dispute resolution provider mutually agreed upon by You and MfH. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitration will be limited solely to the dispute between You and MfH. Neither You nor MfH shall be entitled to join or consolidate Claims by or against other customers or arbitrate any Claim as a representative or class action or in a private Attorney General capacity. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on You and MfH and may be entered as a judgment in any court of competent jurisdiction. You and MfH shall pay Your and its own costs and attorneys’ fees. However, if You or MfH prevails on a statutory Claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
14.3 Limitations of Actions. Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred. Any such claim must be filed within the city of Phoenix, Arizona.
15.1 Modification of Terms. These terms may be modified by MfH from time to time in its sole discretion, and, if You have a registered account, You will be notified of any material modifications upon Your subsequent login to the Site.
15.2 Continuity of Site. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
15.3 Entire Agreement. The Terms contain the entire agreement between You and us regarding the use of the Site, and supersede any prior agreement between You and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
15.4 Waiver. Any failure on MfH’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
15.5 Severability of Terms. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
15.6 Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by You except with MfH’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by You shall violate these Terms and be void.
15.7 Headings. The section titles in the Terms are for convenience only and have no legal or contractual effect.
15.8 Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (“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 that any material residing on or linked to from the Site infringes Your copyright, please send (or have Your agent send) to Company’s Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by You that the above information in Your notification is accurate and a statement by you, made under penalty of perjury, that You are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) Your physical or electronic signature. Company’s Copyright Agent for notification of claimed infringement can be reached as follows:
Ritual Finder LLC
2942 N 24th St Ste 114
Phoenix, AZ 85016
Company’s Copyright Agent for notification of claimed infringement can also be reached electronically at: firstname.lastname@example.org. Company reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Site.
15.9 Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If You have a question or complaint regarding the Site, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
15.10 Notice. Except as explicitly stated otherwise, legal notices will be served, with respect to MfH, and, with respect to You, to the email address You provide to MfH during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing. Notices to MfH should be sent to:
Ritual Finder LLC
2942 N 24th St Ste 114
Phoenix, AZ 85016