Terms & Conditions
Last Revised on August 5, 2024
This Terms of Use Agreement (the “ToU”) is made between Pure Tarot (“we,” “us,” or “our”) and you, the individual choosing to use our Online Services as defined below (“you,” or the “user”).
Our Privacy Policy is subject to this ToU. There are terms in the Privacy Policy that materially affect how your personal information is stored, accessed, and processed. As such, you should read our Privacy Policy in addition to this ToU.
Acceptance of ToU
We know these ToUs can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.
Changes to Terms
From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.
Online Services this ToU Covers
Pure Tarot offers a website (the “Site”) where users can explore our different offerings, book readings, learn about the practice of tarot, and more. This Policy applies to our online services, including our Site, our social media pages, and any future online services we develop (collectively the “Online Services”). Please note that our Online Services do not fall under any requirements of the Health Insurance Portability and Accountability Act (HIPAA), as such any private health related information should be shared with caution.
Services This ToU Doesn’t Cover
We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving Pure Tarot, and this ToU no longer applies. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Calendly, Google, Instagram, or Facebook, you agree to their service policies, and this ToU is in addition not in place of such agreements. We are not responsible for errors in purchasing of third-party products.
Conditions Before You Access Our Online Services
Our other Online Services are not targeted or intended to be used by people under the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our other Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our other Online Services regardless of having parental permission. You must be over the age of 18 to make a purchase via our Online Services. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.
User Accounts
We don’t require you to have a user account to browse our Online Services. However, in order to make a purchase, communicate via social media or interact with any of our other Online Services hosted by another third party, you may be required to create an account with that third party (“Third Party Accounts”). We have no control over Third-Party Accounts or the personal information requested by third parties.
Suspension and Termination of Access to Online Services
Involuntary Suspension or Termination of Access to Online Services
We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or prevent your access to our Online Services at any time for any reason.
Voluntary Termination of Third-Party Accounts
You are free to delete any Third-Party Account voluntarily at any time. Your account may be terminated by contacting the third party directly.
Pricing & Availability
We offer a wide variety of readings and other services (the “Offerings”) through our Site. You can book and pay for an Offering of your choice through Calendly, linked through our site. All payments for Offerings are processed through Calendly’s PCI-compliant payment processor, so we don’t see or store your credit card information for these purchases unless there is a technical error resulting in us needing to manually enter your payment details with your express permission. If an Offering is available, the current cost of the Offering will be clearly marked on our Site. We reserve the right to remove any Offering at our discretion and without notice, and we cannot guarantee that certain Offerings will be available on the Site for any amount of time. There may be times when we need to make changes to our pricing, and as such prices advertised are not guaranteed until a purchase has been made. The cost of the Offering(s) selected by you will be billed at the rate and at the times listed on the Site at the time of purchase. The cost of Offerings are due upon purchase, and we do not offer any payment plans, though one may be available to you through buy-now-pay-later third-party payment processing services.
Offering Descriptions & Returns
We strive to accurately describe our Offerings with detailed product descriptions. However, we make no warranties concerning the accuracy of such descriptions of our Offerings and we reserve the right to update them as needed and without notice. All purchases of Offerings are non-refundable and final. Please take time to explore the Site to choose the Offering or Offerings that best suit your needs.
Scheduling, Rescheduling, and Cancelling Offerings
Once a purchase for an Offering has been made, the purchase is final, and we will not issue refunds for cancellations unless we decide to do so in our sole discretion. All bookings for Offerings are made using our online scheduling system, provided by Calendly. If you need to reschedule a specific booking, please give us at least forty-eight (48) hours’ notice, or we reserve the right to deem the Offering canceled or charge an additional rescheduling fee. All rescheduled Offerings must occur within ninety (90) business days of the initially scheduled date, or we reserve the right to deem the Offering canceled. If you have not arrived for an appointment fifteen (15) minutes after the start time, we will deem the appointment canceled.
Terms of Sale
By reserving an appointment with us, you are offering to buy an Offering, representing that you are of legal age to form a binding contract, and representing that all information you provided in connection with the order is true and accurate and that you are an authorized user of the payment method provided. When we send you an appointment confirmation, that is not an acceptance by us of your order. We send that to let you know we received your request, but there are a few steps necessary on our end before we can accept it.
Prior to our acceptance of an appointment request, verification of information may be required. We reserve the right at any time after receipt of your request to accept or decline your request, or any portion thereof, even after your receipt of an appointment confirmation from us, for any reason whatsoever. We reserve the right to limit the number of Offerings requested and to refuse service to you without prior notification. In the event that an Offering lists an incorrect price, either due to typographical or other error, we have the right to refuse or cancel a request placed for the incorrect price, regardless of whether the request is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the request is canceled, we will refund your original payment method in the amount of the incorrect price.
Delivery of Services
All of our Offerings are delivered via the online platform Zoom and you will be provided with a link to access the session before the scheduled appointment. We reserve the right to record our appointments for our own administrative and business purposes.
Disclaimer
We make every effort to provide you with helpful and insightful information based on what is communicated to us by you and what we are seeing, sensing, and hearing. However, the information we offer to you should not be used in place of any recommendations by medical, legal, financial, or other professional counselors. Predictions are expressions of opinion only and are subject to interpretation. We cannot guarantee predictions or accuracy of any statement made by us. You understand that you may receive information from us that you may consider emotionally difficult and are engaging with our Offerings assuming such a risk. How you choose to accept, deny, or use any information provided by us is solely at your discretion, and you are solely responsible for your own actions. Our Offerings do not include solving crimes, picking lottery numbers, locating lost items or persons, predicting exact dates of events, diagnosing illnesses or finding cures for illnesses, and reading about persons younger than 18 unless you are a parent or legal guardian of the person in question. We reserve the right to decline our Offerings if questions you present violate our personal ethics. We are legally required to state that any Offering provided is for entertainment purposes only.
Confidentiality & Sensitive Information
During appointments with us, we will treat all sensitive and private information as confidential and agree not to share such information with third parties outside of our company unless necessary under the law or to protect you or others. Any information collected during appointments such as notes and client information is subject to limitations in our Privacy Policy.
Intellectual Property & Grant of License to Use Online Services
Our Online Services contain content, such as the “Pure Tarot” name and logo, our website design, our website code, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Pure Tarot does not grant or transfer any other rights, title, or interest to you other than the following limited license: Pure Tarot grants to you a limited, non-exclusive, non-transferable, revocable license to access and use our Online Services for non-commercial personal purposes only. Pure Tarot reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.
Publicity
We love showing others how our Offerings are enjoyed by our customers! When you post a public review, post, or comment on any third-party platform (including Instagram, Facebook, and Google Reviews), you grant to Pure Tarot a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any such public reviews, posts, or comments for our publicity and marketing purposes.
Copyright Policy& DMCA Claims
Pure Tarot respects the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringes on any person or entity's copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to connect@puretarot.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.
Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.
Testimonials & Reviews Disclaimer
Our Online Services may contain testimonials and reviews of our Online Services by other users of our Online Services. While based on the real-life experiences and opinions of such users, such opinions do not reflect the experiences of all of our users, and user experiences with our Online Services may vary. The views and opinions in such reviews and testimonials solely belong to the user and do not reflect our views and opinions.
Representations and Warranties
Pure Tarot’s Representations and Warranties
OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” PURE TAROT MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, PURE TAROT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. PURE TAROT DOES NOT WARRANT THAT USE OF OUR ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. PURE TAROT IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. PURE TAROT DOES NOT GUARANTEE ANY LEVEL OF SUCCESS WILL BE ACHIEVED BY YOUR USE OF OUR ONLINE SERVICES.
User Representations and Warranties
By using Pure Tarot’s Online Services, you represent and warrant that:
You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
You will provide accurate and truthful information regarding your personal identification, including but not limited to your name and age, and will not use any other person’s information;
You have read and agree to this ToU and will not use Pure Tarot’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
You will not try to reverse engineer or circumvent access to our Online Services;
You will not circumvent or hack any technology used by Pure Tarot to protect our Online Services and our users;
You will not transmit any worms or viruses or any code of a destructive nature; and
You will not copy or fraudulently reproduce Pure Tarot’s content or violate our intellectual property rights; and
You will not modify another website so as to falsely imply that it is associated or affiliated with Pure Tarot or our Online Services.
Limitation of Liability
IN NO EVENT WILL PURE TAROT BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. PURE TAROT WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PURE TAROT UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO PURE TAROT FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, PURE TAROT’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND PURE TAROT.
Indemnification
You agree to indemnify and hold Pure Tarot harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services.
Release
You hereby release and forever discharge Pure Tarot (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to Pure Tarot, our Online Services (including any interactions with, or act or omission of, other users, or any third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Privacy, Cookies, and Data Protection
We care about your personal information; any personal information you provide to us is collected, stored, and processed by us and used according to our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy.
International Users
Pure Tarot’s Online Services are controlled and administered from our offices within the United States of America and are not intended to be used outside of the United States of America or be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Pure Tarot’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.
Dispute Resolution
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY PURE TAROT.
Letting Us Know About Complaints
At Pure Tarot, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about Pure Tarot’s Online Services, please reach out to Pure Tarot to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.
Mandatory Binding Arbitration
If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Travis County, Texas. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.
Prevailing Party
If an arbitrator or court of law determines a claim against Pure Tarot to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse Pure Tarot for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.
Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Pure Tarot will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of Pure Tarot’s Online Services.
Assignment
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Pure Tarot. Pure Tarot reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Pure Tarot business or assets.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.
Waiver and Severability
No waiver by Pure Tarot of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
Applicable Law and Jurisdiction
Except where otherwise required by mandatory law, this ToU, as well as our Privacy Policy, is to be governed by and interpreted, constructed, and enforced per the laws of the state of Texas without regard to conflict of law provisions. All disputes are to be resolved in the jurisdiction of Travis County, Texas.
Entire Agreement
This ToU and our Privacy Policy represent the entire and exclusive agreement between Pure Tarot and users of our Online Services. All previous written and oral agreements and communications related to the subject matter of this ToU and Privacy Policy are superseded. If any interior design service agreement or staging agreement is provided or has been provided in addition to this ToU and Privacy Policy, such agreements are intended to be in addition and not in lieu of this ToU. To the extent that there are any provisions in such service agreements that conflict with the terms of this ToU, the terms of the service agreement will prevail.
Contact Us
Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations regarding our Online Services. However, if you have any questions about this ToU, our Privacy Policy, or Pure Tarot’s services in general, just reach out! We would be more than happy to explain.
Pure Tarot
9240 Old Redwood Highway
Suite 200-268
Windsor, CA 95492
connect@puretarot.com