Terms & Conditions

Please read carefully before using our website or phone app

Last modified on February 23, 2019

This document contains the General Terms & Conditions and Advisor Terms & Conditions.

General Terms & Conditions

These Terms create a binding agreement (“Agreement”) between you (“End User” or “You”) and all persons you represent (and for purposes of this Agreement, “person” includes naturalpersons and any type of incorporated or unincorporated entity) and Mystic River Ltd. (“Mystic River,” “Us,” “We,” or “Our”). This Agreement governs your access and use of the Mystic River Mobile Application, (the “Application”), the Mystic River web site (“Website”) (collectively, the Application and the Website are referred to as the “Service”), and all content, information, products and services available on or through the Service. The Application is licensed, not sold,to You, on the terms below.

THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO CONVEY ADVICE OR RECOMMENDATIONS. BY ACCESSING, DOWNLOADING OR USING THE SERVICE, YOU ACKNOWLEDGE AND REPRESENT THAT:
A. YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE OTHERWISE CAPABLE OF FORMING LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND B. THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM.

IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THIS AGREEMENT ON BEHALF OF THE PERSON YOU PURPORT TO REPRESENT, YOU MAY NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SERVICE.

It is solely your responsibility to determine whether your use of the Service is lawful, and you must comply with all applicable laws. Mystic River reserves the right to request proof of identification and age.

The terms and conditions below limit Our liability and obligations to You and allow Us to change, suspend or terminate your access to and use of the Service at any time in Our sole discretion. It is your responsibility to read the following terms and conditions, along with any other policies on Our website including, but not limited to Our Privacy Policy and Our Advisor Terms and Conditions. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AS WELL AS ANY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN OUR OTHER POLICIES AND AGREEMENTS THAT MAY APPLY TO YOU. If any of the terms of Our other policies conflict with the Terms of this Agreement, the Terms provided herein will control.

THESE TERMS APPLY TO ALL VISITORS, CLIENTS, ADVISORS AND OTHERS WHO ACCESS OR USE THE SERVICE. You understand and agree that your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. Additional terms and conditions apply to Advisors and their use of the Service to which they must read and agree to prior to using the Service.

THE MYSTIC RIVER MOBILE APPLICATION

The Service is a marketplace that brings users and independent, professional psychic advisors (“Advisor(s)”) together through text or video. It allows You to search for, engage and submit questions to Advisors who provide personalized psychic advice.

MYSTIC RIVER LTD. IS A COMPANY THAT BUILT THE MYSTIC RIVER PLATFORM TO CONNECT ADVISORS AND USERS - IT DOES NOT DIRECTLY OFFER OR SELL ANY PSYCHIC ADVICE, INFORMATION OR SERVICE.

You understand that any information provided to You by any Advisor is strictly for general entertainment purposes and that any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not provide the Advisors with your personal information, such as your real name or email address, but may forward your nickname, date of birth and/or gender in connection with facilitating the Service. We do not guarantee the accuracy of a reading or any other advice or information exchanged.

WE PROHIBIT DISCLOSURE OF PERSONAL CONTACT INFORMATION TO OTHER USERS, INCLUDING CLIENTS AND ADVISORS. THIS INCLUDES, BUT IS NOT LIMITED TO, PHONE NUMBERS, ADDRESSES, AND E-MAIL ADDRESSES. IF YOU PROVIDE CONTACT INFORMATION TO ANOTHER USER, CLIENT OR ADVISOR, YOU DO SO AT YOUR OWN RISK AND YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION.

LICENSE

Our Service allows You to post, link, store, share and otherwise make available certain information, messages, communications, text, graphics, images, audio, video, or other material (“Content”). You may do so as long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, and does not consist of or contain software viruses, commercial solicitation or any form of “spam” or unsolicited commercial electronic messages. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

Our Service allows You to post, link, store, share and otherwise make available certain information, messages, communications, text, graphics, images, audio, video, or other material (“Content”). You may do so as long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, and does not consist of or contain software viruses, commercial solicitation or any form of “spam” or unsolicited commercial electronic messages. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

Your use of the Service does not transfer to you any ownership or other rights in the Service or its content. The Service is made available to you for your lawful, personal use only. You may use the Service only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Service for any other purpose or in any other manner is strictly prohibited.

The Service and its contents may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Mystic River. You may not sell or resell any part of the Service or access to the Service.

COLLECTION AND USE OF YOUR INFORMATION

You acknowledge that when You download, install or use the Application, Mystic River may use automatic means (including, for example, cookies, Apple’s Advertising Identifier (“IDFA”), and Google’s Advertising ID) to collect information about your mobile device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide You with opportunities to share information about yourself with others. All information We collect through or in connection with this Application is subject to Our Privacy Policy.

EACH TIME YOU USE THE SERVICE, AND BY DOWNLOADING, INSTALLING, USING AND PROVIDING INFORMATION TO OR THROUGH THIS APPLICATION, YOU CONSENT TO ALL ACTIONS TAKEN BY US WITH RESPECT TO YOUR INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY AS IT THEN READS.

CONTENT AND SERVICES

The Application may provide You with access to Mystic River’s website located at www.mysticriver.ca (the “Website”) and products and services accessible thereon, and certain features, functionality and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by the Terms of Use and Privacy Policy located at www.mysticriver.ca, which are incorporated herein by this reference. Your access to and use of such Content and Services may require You to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website and your failure to do so may restrict You from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

ADVISORS

Advisors are not Our employees, consultants, agents or representatives. Advisors use the Service to provide users with personalized readings and psychic advice for entertainment purposes. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of any Advisor. Your relationship relating to the Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. Advisors are not permitted to request your personal contact information, address, credit card, PayPal or other payment information, or other sensitive information of a similar nature. You must not provide any such information even if an Advisor violates these Terms and asks You for it. Advisors must also read and agree to the Advisor Terms and Conditions.

ORDERS, PAYMENT AND FEES

If You wish to place an order for a reading through the Service (“Order”), You may be asked to supply certain information relevant to your Order including, without limitation, your credit card number, the expiration date of your credit card, and your billing address. By submitting such information, You grant Us the right to provide the information to third parties for purposes of facilitating the completion of your Orders.

You understand that Mystic River does not store your payment and/or credit card information and that all payments are processed separately either through in-app purchases, or through PayPal, Stripe, or such other third party payment or service facility We choose. In addition to these Terms, You will be subject to PayPal’s, Stripe’s, or such other third party’s terms and conditions, privacy policies and other applicable agreements.

At all times, You agree that You will provide true, complete and correct credit card and payment information and that You are authorized to do so. Once a payment is made for the Service, You agree that You will not seek to cancel, charge back, or otherwise seek a refund on any basis that is fraudulent, misleading, or untrue. You agree to pay all fees and charges incurred in connection with your Orders at the rates in effect when the charges were incurred.

All payments are final and Mystic River does not offer refunds. In the event that your order is cancelled or unfulfilled for any reason, your account will be credited accordingly.

It is possible to purchase credits or tokens (collectively, “Credit”), both via the Application, which may be used to pay for future readings or Service. IF YOU DO NOT USE YOUR CREDIT FOR A PERIOD OF FIVE (5) YEARS AFTER IT IS PURCHASED, THE CREDIT MAY BECOME INACTIVE OR DORMANT.

You are solely responsible for any fees or other charges from your internet service provider and wireless communications provider for any data, video, audio or message services.

ACCOUNTS

Certain areas and features of the Service are accessible only to users who have been issued a login name and password (collectively “Account”) by Mystic River. For the purposes of accessing the Service, the Account remains the property of Mystic River and may be cancelled or suspended at any time by Mystic River in its discretion without any notice or liability to you or any other person.

When You create an Account with Us, You must provide us information that is accurate, complete, and current at all times. Your failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account.

Once you have created an Account: (a) you are fully responsible and liable for the security of the Account and any and all use and misuse of the Account; (b) you will keep the password secure and confidential at all times and not disclose the password to any other person or permit any other person to use the password; (c) you will ensure that all uses of the Account comply with this Agreement; (d) once you have logged-on to the Service using the Account, you will not leave the computer terminal or mobile device used to access the Service unless and until you have terminated the session and logged-off the Service; and (e): you will immediately notify Mystic River if you know or suspect that any Account have been lost or stolen or become know to or used by any other person. You understand that You are entirely responsible for any activities or actions under your password, whether your password is with Our Service or a third-party service.

Mystic River will not be liable for any loss that You incur as a result of someone else using your Account or your password.

You may not use as a username or nickname the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, a name that is otherwise offensive, vulgar or obscene, or a name that deceives or otherwise misleads others to believe You are someone that You are not.

Mystic River is not under any obligation to verify the actual identity or authority of any person using the Account to access and use the Service. Mystic River may act upon any communication that is given with the use of the Account. Mystic River may in its discretion at any time require proof of the identity of any person seeking to access and use the Service, and may deny access to and use of the Service or parts of it or refuse to accept or act upon any communication if Mystic River is not satisfied with such proof.

REFUND POLICY

Refund requests must be made by email transmission to info@mysticriver.ca, within 3 days of the completion of the Order. Refund requests must state the Order date & time and the Advisor name. Refunds cannot exceed the equivalent value of the Order for which the refund was requested. Refunds may be issued in the form of Credit or real world money, in Our sole discretion. We reserve the right to refund You partially or in full and also to refuse a refund request.

PROHIBITED CONTENT

We reserve the right to monitor any and all communication through the Service. By using the Service, You understand and agree that the following behavior is strictly prohibited and/or illegal and is not permitted at any time while using the Service:

  • Using vulgar, offensive or obscene language.
  • Sending or requesting sexually explicit images or other offensive content.
  • Discussing or organizing illegal activity, such as how to obtain drugs or construct bombs.
  • Harassing, threatening, or embarrassing another user.
  • Infringing on another’s intellectual property, including, but not limited to, any copyright, trademark, rights of publicity, or other proprietary rights.
  • Impersonating or attempting to represent any employee of Mystic River or Mystic River itself.
  • Gambling activities, or the payment or acceptance of payments relating to gambling activities.
  • Solicitation or provision of advice as to taxes, the value of securities, or the advisability of investing in, purchasing, or selling securities or any other negotiable instruments.
  • Exploitation of, or the posting or requesting of any information from, a minor (anyone under the age of 18).
  • Using racially, religious or sexually offensive language.
  • Diagnosis of illnesses, provision of treatments, or prescription of medications.
  • Posting, storing, or transmitting advertising, promotional material, or solicitations of goods or services, except where expressly permitted by Mystic River.
  • Transmitting any virus, worm, Trojan Horse, or other harmful or disruptive component.
  • Engaging in any other conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or regulation.
  • Invading the privacy of any other person.

You understand that if You cause or participate in any of the above-mentioned activities while using the Service, your account will be terminated and your actions may be reported to the proper authorities.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating Our offerings of products and services on the Service. Mystic River endeavours to provide current and accurate information. However, the products or services available on Our Service may contain errors, misprints, inaccuracies, and/or omissions, and/or be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information on the Service and in Our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice or liability to you or any other person.

You understand that it is your responsibility to update the Application as new versions are released and that your failure to download a new version of the Application may prevent You from enjoying the most recent content and features. Mystic River shall not bear any responsibility or liability for your failure to update the Application.

Our Service depends on various factors such as software, hardware and communications networks, and other factors outside of its control. You understand that We do not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free.

INTELLECTUAL PROPERTY

You acknowledge that the Service and its original content (excluding Content provided by users), graphics, scripts, service names, features and functionality (the “components”) are and will remain the exclusive property of Mystic River Ltd. and its licensors. The Service and its components are registered or unregistered trademarks, service marks, tradenames, copyrights and logos owned or licensed by Mystic River or its respective owners or licensees. Any use of the Service and its components, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or Application shall be construed as granting, by implication, estoppels, or otherwise, any licence or right to use any of the Service and its contents. You agree that You will not change, sell, translate, reverse engineer, repurpose, or distribute the Service except as expressly authorized by Mystic River. You also agree that You will not use the Service in any way to infringe on Mystic River or any third party’s intellectual property or other rights.

LINKS TO OTHER WEB SITES

Some of the Advisors who are accessible through our Service may also be accessible through other websites and services Any interactions, content or services accessed through third party websites are subject to their own Terms of Use and Privacy Policy. Our Service may contain links or references to or other content or resources related to third-party web sites or services that are not owned or controlled by Mystic River Ltd. (collectively “Other Sites”). Other Sites are independent from Mystic River, and Mystic River has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. We do not sponsor, endorse or warrant the offerings of Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Mystic River arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. You further acknowledge and agree that Mystic River Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through Other Sites.

We strongly advise You to read the terms and conditions, privacy policies and other conditions of use of Other Sites that You visit.

TERMINATION

Notwithstanding any other provision of this Agreement, Mystic River may in its discretion change, discontinue, modify, restrict, suspend or terminate the Service or any part of it without any notice or liability to you or any other person. Mystic River may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Service without any notice or liability to you or any other person.

If this Agreement or your permission to access or use all or any part of the Service is terminated for any reason, then this Agreement and all other then existing agreements between you and Mystic River will continue to apply and be binding upon you regarding your prior access to and use of the Service, and anything connected with, relating to or arising therefrom.

Upon termination, your right to use the Service will immediately cease. If You wish to terminate your account, You may simply discontinue using the Service.

COMPLIANCE WITH LAWS

We make no claim or representation that the Service is permitted, or lawful for use outside Canada. If You access or use the Service from a location outside Canada, You do so at your own risk and are responsible for compliance with the laws of the jurisdiction where You reside. You represent and warrant that (i) You are not located in a country that is subject to a Canadian Government embargo, or that has been designated by the Canadian Government as a “terrorist supporting” country; and (ii) You are not listed on any Canadian Government list of prohibited or restricted parties.

You also represent and warrant that You are eighteen (18) years of age or older and that You agree to abide by all of these terms. You agree that You will not use the Service for any prohibited purpose or if use of the Service is prohibited in your area. It is your sole responsibility to ensure that your use of the Service complies with all laws, rules and regulations applicable to You.

In addition, You acknowledge that to use the Service, (i) the Content must be yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mystic River Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or in connection with: (i) your use and access of the Service, by You or any person using your account and password; (ii) a violation or breach of these Terms, the Advisor Terms and Conditions, Privacy Policy, or any other agreement that governs your use of the Service; (iii) a violation of any of your representations or warranties made to Us, (iv) a violation of any law or the rights of any third party; or (v) any user Content, third party content, third party sites and any other content which You posted or uploaded on the Service.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Mystic River nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damages, including without limitation, loss of profits, business, income, data, use, production, reputation or goodwill, anticipated or otherwise, economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), or other intangible losses, arising from, connected with, relating to, or resulting from this Agreement or Service, regardless of any negligence or other fault of wrongdoing (including without limitation gross negligence and fundamental breach) by Mystic River or any person for whom Mystic River is responsible, and even if Mystic River has been advised of the possibility of such loss or damage being incurred. For greater clarity, Mystic River will not be liable for any of the above noted losses or damages that arise from, relate to or result from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any Content obtained from or provided to the Service; (iv) following or relying upon on an Advisor’s recommendations or advice or the actions You take based on the same; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

To the maximum extent permitted by applicable law, Mystic River is not responsible for (i) any Content or conduct, whether online or offline, made in connection with the Service, whether caused by visitors, users, Advisors, third parties and others; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communication lines failure, theft or destruction or unauthorized access to, or alteration of Content, user communications or Advisor communications; (iii) any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion or downtime on the Service, including injury or damage to users or to any other person’s computer and/or mobile device; or (iv) any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any content posted or transmitted to users, or any interactions between users of the Service, whether online or offline.

DISCLAIMER – FOR ENTERTAINMENT PURPOSES ONLY; NOT A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE

THE INFORMATION PROVIDED ON OUR WEBSITES AND USE OF THE SERVICE IS PROVIDED STRICTLY FOR ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL CONDITION, DISEASE OR AILMENT, AND IS IN NO WAY INTENDED TO BE A SUBSTITUTE NOR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT, PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR PROFESSIONAL LEGAL ADVICE. MYSTIC RIVER IS NOT A MEDICAL PRACTICE OR A MEDICAL ADVISOR, IS NOT A FINANCIAL SERVICES FIRM, IS NOT REGISTERED AS A FINANCIAL ADVISOR (NOR ARE ANY OF ITS OFFICERS, PRINCIPALS, OR EMPLOYEES), AND IS NOT ENGAGED IN THE BUSINESS OR PRACTICE OF PROVIDING OR RENDERING ANY OF THE PRECEDING.

IF YOU ARE HAVING SUICIDAL THOUGHTS, FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER FOR YOUR AREA) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES FOR HELP.

YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE SERVICE IS NOT DESIGNED FOR USE IN EMERGENCIES, FOR ANY MEDICAL OR PSYCHOLOGICAL PURPOSES, WHETHER IT BE FOR THERAPY OR TREATMENT OR FOR ANY PURPOSE OTHER THAN ENTERTAINMENT.

WE STRONGLY RECOMMEND THAT YOU ALWAYS SEEK THE ADVICE OF A QUALIFIED AND LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER IN CONNECTION WITH ANY AND ALL QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS HEREIN, MYSTIC RIVER AND ITS THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED VIA OUR SERVICE.

YOU RELY ON OR ACT UPON THE WORDS AND ADVICE OF ANY ADVISOR OR OTHER USER OF THE SERVICE SOLELY AT YOUR OWN RISK AND BY YOUR OWN FREE AND VOLUNTARY ELECTION AND VOLITION. YOU BEAR SOLE RESPONSIBILITY AND LIABILITY FOR THE CONTENT THAT YOU SUBMIT AND ANY ACTS OR OMISSIONS UNDERTAKEN BY YOU IN CONNECTION WITH ANY OF THE INFORMATION OR ADVICE PROVIDED BY ANY ADVISOR, CLIENT OR USER.

WARRANTY DISCLAIMER

MYSTIC RIVER DOES NOT EVALUATE, PROVIDE, PRODUCE OR CONTROL THE USERS, CLIENTS, ADVISORS OR ANY INFORMATION EXCHANGED VIA THE SERVICE. WE ONLY CONNECT CLIENTS WITH ADVISORS THROUGH THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT ANY ADVISOR YOU SELECT IS QUALIFIED OR LICENSED TO PROVIDE THE INFORMATION OR ADVICE THAT YOU SEEK. AS A RESULT, MYSTIC RIVER IS NOT RESPONSIBLE FOR THE TRUTH, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, QUALITY, APPROPRIATENESS, LEGALITY OR APPLICABILITY OF ANYTHING SAID, DEPICTED OR WRITTEN BY ITS USERS, CLIENTS AND/OR ADVISORS. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE INFORMATION OBTAINED FROM THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. THE SERVICE AND THE INFORMATION OBTAINED FROM THE SERVICE IS PROVIDED WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR COURSE OF PERFORMANCE, ALL OF WHICH ARE DISCLAIMED BY MYSTIC RIVER TO THE FULLEST EXTENT PERMITTED BY LAW. OUR WEBSITES AND THE SERVICE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL MYSTIC RIVER OR ITS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR YOUR DISPUTES WITH OTHER USERS, CLIENTS OR ADVISORS, FOR YOUR USE OF THE SERVICE OR ANY INFORMATION OBTAINED FROM THE SERVICE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH OUR WEBSITES OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THESE EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, MEDICAL, LEGAL AND ANY OTHER MALPRACTICE DAMAGE CLAIMS OR AWARDS, PAIN AND SUFFERING, THEFT OF PROPERTY, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, BUSINESS INTERRUPTION OR MEDICAL BILLS.

MYSTIC RIVER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE AND USE OF OUR WEBSITES AND SERVICE, BUT IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED FIFTY DOLLARS ($50.00). YOU ACKNOWLEDGE AND AGREE THAT IF NO FEES ARE PAID TO US, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, IT IS PERMANENTLY BARRED.

EXCLUSIONS

The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you.

GOVERNING LAW

This Agreement, your access to and use of the Service, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Service in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any disputes between you and Mystic River or any other person arising from, connected with or relating to the Service, this Agreement or any related matters (collectively “Disputes”) will be resolved before the Courts of Ontario, sitting in the City of Toronto (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

CLASS ACTION WAIVER

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH CLAIM.

APPLICABLE APPLE INC. TERMS

The parties acknowledge that this Agreement is entered into by the End User and Mystic River only, and not with Apple. Mystic River, not Apple, is solely responsible for the Service, subject to the terms and conditions of this Agreement. The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Apple and Apple’s subsidiaries shall be third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary thereof.

To the extent that any product warranty is being granted to You by this Agreement and is not disclaimed, if the Service fails to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the Service to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is solely Mystic Rivers’ responsibility.

The parties acknowledge that Mystic River, not Apple, is responsible for addressing any of your claims or any third party claims relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, Mystic River, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

MISCELLANEOUS TERMS

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court for any reason, then the provision will be deemed to be severed from this Agreement, and the remaining provisions of these Terms will continue in full force and effect. This Agreement enures to the benefit of and is binding upon each of Mystic River and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign your rights or obligations under this Agreement without Our prior written consent and any attempt to do so without such consent will be null and void and given no force or effect. Mystic River may assign this Agreement and its rights and obligations under this Agreement without your consent or condition. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties. These Terms constitute the entire agreement between us regarding Our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

CHANGES

Mystic River may, in its sole discretion, modify, replace or change this Agreement from time to time as it relates to future use of the Service, by posting a revised Agreement on the Website and Application. By using the Service after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.

CONTACT US

If You have any questions about these Terms, please contact Us at info@mysticriver.ca

Advisor Terms & Conditions

THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. YOU UNDERSTAND THAT BY ACCESSING, DOWNLOADING OR USING THE SERVICE, OPERATED BY Mystic River Ltd. (“Mystic River,” “US,” “WE,” OR “OUR”), YOU ARE SIGNIFYING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE OTHERWISE CAPABLE OF FORMING LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW AND THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE ADVISOR TERMS AND CONDITIONS (THE “ADVISOR TERMS”) AND AGREE TO BE BOUND BY THEM.

The terms and conditions below are in addition to the terms and condition contained in Our Terms of Use (“Terms of Use”) and limit our liability and obligations to You, as an Advisor, and allow Us to change, suspend or terminate your access to and use of the Service at any time in Our sole discretion. It is your responsibility to read and agree to the following terms and conditions, along with any other policies on Our website including, but not limited to, Our Privacy Policy and Our Terms of Use. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE ADVISOR TERMS AS WELL AS ANY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN OUR TERMS OF USE AND OUR OTHER POLICIES AND AGREEMENTS THAT HAVE BEEN POSTED ON OUR WEBSITE AND/OR MOBILE APPLICATION, INCLUDING, BUT NOT LIMITED TO INDEMNIFICATION, DISCLAIMERS, AND LIMITATIONS OF LIABILITY.

THESE ADVISOR TERMS APPLY TO ALL ADVISORS WHO ACCESS OR USE THE SERVICE. You understand and agree that your access to and use of the Service is conditioned on your acceptance of and compliance with these Advisor Terms. If You disagree with any part of the Advisor Terms then You must not use or access the Service.

BECOMING AN ADVISOR

The Service is a psychic advice marketplace that brings advice-seekers (“Users” or “clients”) and independent, psychic advisors (“Advisor(s)” or “You”) together through video, chat, and messaging. Users will search, engage, submit questions to You, or chat live via text or video with You, via orders that they place. Advisors record their responses or respond in real time for live video or chat sessions, along with any optional text, and deliver it to the clients. If your client desires a live chat-based psychic reading platform, You may invite them to try your services on Mystic River, available at info@mysticriver.ca

To become an Advisor, You must first download the application and create an advisor profile. You will be required to submit your legal name, address, and telephone number so that We may identify You and contact You. You must also provide Us with your PayPal account information in order to receive payment through the Service. You must upload a photograph of yourself clearly depicting your full front face (other images, icons, or illustrations are not permitted), create a profile video and provide profile information to describe the types of services that You offer. Once You complete your profile, You will create and submit a sample reading for Us to review. After We receive your information and review your reading, You will be notified whether You have been accepted as an Advisor. We reserve the right to verify your identity and other background information at any time and You agree that You will provide Us with information to do so at Our reasonable request. You understand and agree that it is your responsibility to make sure that your profile is appropriate, and that all information that You provide is true, complete, up to date, and accurately reflects your credentials and is in compliance with all applicable laws and regulations.

By registering as an Advisor, You are not bound to continue to use the Service or to accept orders and provide readings for any length of time. You are free to use the Service when and how you choose, subject to the Advisor Terms. You may stop accepting orders for any period of time or stop using the Service all together for any reason or for no reason at all, provided that You fulfill outstanding orders and existing obligations.

YOUR RESPONSIBILITIES AS AN ADVISOR

If a client selects You to be their Advisor, You should receive a push notification and an email message. You must have push notifications enabled in order to receive them. We encourage You to log in often to see if You have any new orders. If You have a pending order, it will be contained in the “My Jobs” section of the app. We recommend that You respond as soon as You can to encourage repeat orders and positive client feedback. If You know that You will be unavailable to fulfill orders You may simply turn your availability status to “off” in the “My Jobs” screen and, provided that no clients were in the process of placing an order, no new orders will be received.

As You fulfill orders, keep in mind your clients will be able to provide feedback and reviews that will appear on your profile. Clients may edit their review for up to 2 weeks after it is entered and We do not remove or edit reviews except for extreme circumstances or to comply with Our Terms of Use. Mystic River has the sole discretion in whether to remove or edit any reviews that have been posted.

We will not be liable for any delays or failures in your receipt of any push notifications or emails as delivery is subject to effective transmission from your network operator and processing by your mobile device. These services are provided on an AS IS, AS AVAILABLE basis.

INDEPENDENT CONTRACTOR

You understand and agree that, as an Advisor and/or user of the Service, You are acting as an independent contractor and not as Our employee, employer, partner, principal, agent, consultant or representative. You have exclusive control of the manner and means of giving your advice, subject to certain prohibited actions referenced below and in any of the terms and conditions or policies posted on our website. As an Advisor, You do not have the right to enter into any contract on our behalf. Similarly, by your use of the Service, we are not establishing a partnership, franchise or joint venture between us. Under no circumstances shall You be considered Our employee. You shall not, and have no power or authority to, hold yourself out as agent of Mystic River or obligate or bind Mystic River with respect to any third party except as may be expressly provided for in the Advisor Terms or otherwise agreed to in writing by Mystic River. By using the Service, You represent and warrant that You have any and all permissions as may be required by federal, provincial, local, or international law, as applicable, to use the Service as an Advisor.

ADVISOR FEES

Advisors will be paid each time that they timely fulfill an order for a reading. As an Advisor, You will receive all payments for fulfilling your orders through PayPal or a similar service to be chosen at Our sole discretion. Any revenue that You earn through Our service is held for a period of two (2) weeks from the time that it is generated and there is a minimum withdrawal sum of $50. In the event that We receive a complaint about your service from a client and We find the complaint to have merit, We reserve the sole discretion to choose to reverse the payment to your account and credit the client the amount paid for the order. In addition to reversing the payment to your account, depending on your behavior, You may be subject to disciplinary action in accordance with Our Advisor Terms. To withdraw money from your account, simply tap on the “Withdraw” button in the revenue screen of your account. Payment is usually deposited into your PayPal account within 2 to 4 days of your withdrawal request. If an order is placed, but You do not deliver the reading within the requested time, the payment goes back to the client, You will receive zero compensation, and your account may be subject to suspension or termination.

Notwithstanding the foregoing, Mystic River reserves sole discretion, for any reason, to either withhold any amount due to You for completed orders or to reverse payments posted to your account.

ADVISOR DISCIPLINE

If You fail to fulfill an order within the requested time for any reason, the client’s order will be cancelled and your Advisor profile will no longer appear on the Service. You will be unable to accept any new orders until your profile is relisted. However, if for any reason You turn your availability off or You fail to fulfill an order and your profile is removed, You are still responsible for on time delivery of any orders that were pending prior to the change in status. In the event that You violate any of these Advisor Terms, the terms and conditions contained in Our other policies, or You fail to fulfill client orders, Mystic River retains sole discretion to either (i) suspend an Advisor’s account; (ii) take away or suspend your ability to earn gratuity through “Rush Delivery” mode; (iii) outright terminate your account; or (iv) take any other action We deem appropriate.

If You feel that your profile was wrongly removed, contact the support team and provide your reason in full detail.

ADVISOR CODE OF CONDUCT

You, the Advisor, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made in connection with your use of the Service. We reserve the right to monitor all videos, messages, communications, and content to ensure that You are complying with these Advisor Terms, as well as the terms and conditions contained in our other policies. You understand and agree that all of your communications with clients must be exclusively carried out via the Service. If You fail to abide by this code of conduct, in addition to pursuing any and all other legal remedies available to Us, your account may be suspended or terminated at Our sole discretion.

When using the Service, the following guidelines are to be followed by all Advisors at all times:

  • You will not knowingly engage in any conduct designed to defraud, mislead, or otherwise deceive any user of the Service.
  • You will not using vulgar, racist, offensive or obscene language.
  • You will not harass, threaten, or embarrass a client or other user of the Service.
  • You will not wear revealing clothing while using the video chat or any other recorded video device.
  • You will present a pleasant visual atmosphere for your client free of disruptions, background noise and outside interferences. For example, You will not record your Advisor responses from a loud party, while driving, or while eating.
  • You will maintain a professional relationship with your clients at all times and treat them with dignity and respect.
  • You will not badger or retaliate against a client who left you a negative rating.
  • You will not post or exchange contact information with any client (or any other information which would allow You to interact with a client outside of the Service), except for your Mystic River user name if You so desire. This includes, but is not limited to, your telephone number, postal address, e-mail address, social media accounts, other sites where You offer services, or the name You are operating under on any of these sites.
  • You will not interact or communicate, or attempt to interact or communicate, with a client outside of the Service, other than through the Service.
  • You will not give advice that is of the legal, financial or medical nature. Such advice may only be provided by a properly licensed medical, financial or legal professional, with an established physician-patient relationship, attorney-client, or other relationship. You understand and agree that if a client is suicidal or is indicating potential self-harm, You will tell them that they should seek immediate professional medical care provided by a properly licensed medical professional.
  • You will not offer services that guarantee the direct altering of the future, including, but not limited to, spells or spell removal.
  • You will advise clients, whom You have been introduced to through the Service, only by, on, or through the Service.
  • You will comply with any applicable rules, regulations, laws, or statutes in using the Service as an Advisor.
  • You will not provide false information or misleading information in connection with your Advisor profile.
  • You will regularly maintain your profile and assure that the information is accurate and up-to-date.
  • You will assure that at all times You accurately list and represent your skills, qualifications, and background.
  • You will not perform services as an Advisor in any jurisdiction where it is unlawful to do so.
  • You will not provide any information or advice or recommendations pertaining to the value, viability, or investment or purchase value of any security, sweepstakes, lottery, games of chance, etc.
  • You will not offer additional or alternative services for additional payment or compensation outside of the Service.
  • You will not engage in any conduct or take any actions that may manipulate, undermine, and/or interfere with any ratings of any Advisor on the Service. We reserve the right to exclude without explanation any rating that We think may compromise the integrity of the Advisors feedback system.
  • You will not engage in conduct that disparages or otherwise negatively affects Mystic River.
  • You will not attempt to send any “spam” or “junk” or any other form of unsolicited emails or communications to any user of the Service.
  • You will not promote, advertise, introduce or refer any other service to any other user.
  • You will take all necessary measures to safeguard any and all confidential information provided to You by any client.
  • You will not share or disclose any personal information about a client with anyone, including, but not limited to, your friends, family members, and professional colleagues. If You learn personal information about a client from sources outside of the Service, You will disclose such information to the client as well as the source of your information. You will not conceal such information and otherwise use it to your advantage as an Advisor.
  • You will not register multiple accounts as an Advisor and shall at all times have at most one active Advisor account.
  • You will not, under any circumstances whatsoever, accept, solicit or request any payment, tips, compensation or remuneration of any kind, either directly or indirectly, from a client.

If We suspect that You have violated the Advisor Code of Conduct or have otherwise breached this Agreement, in addition to all other rights and remedies available to Us herein or by law, Mystic River reserves the right to withhold or reverse payments, levy fines, and/or suspend or terminate your account in its sole and absolute discretion.

PRIVACY & CONFIDENTIALITY

All information disclosed to You as an Advisor by a client should be treated as private and confidential information. This information must not be shared, posted, or disclosed to any person (including other Advisors), entity, group, publication, forum, website, or any other place, whatsoever, during all times, including when your Advisor account is active, inactive, suspended or terminated. You understand that your clients are not required to maintain confidentiality with regard to any advice that You provide to a client as an Advisor.

Any information or content that You post or transmit through the Service will not be considered your confidential information. You grant Mystic River an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis.

You also acknowledge that you will maintain compliance with the laws of the Personal Information Protection and Electronic Documents Act (“PIPEDA”), and the terms of our Privacy Policy. BY BEING AN ADVISOR ON MYSTIC RIVER, YOU ACKNOWLEDGE THAT YOU ARE LIABLE FOR THE COMPLIANCE WITH THE LAWS OF PIPEDA.

ADVISOR TAX COMPLIANCE

As an Advisor, You are solely responsible for reporting, paying, and filing any and all income, taxes, and documents associated with any compensation You receive through your use of the Service. Mystic River may request from You from time to time, any documentation and/or information that are required in connection with any payment made to you in relation to the Service. When such request is made, You must provide Mystic River with the requested documents and/or information on a prompt manner.

WAIVER & RELEASE

You acknowledge and understand that, as an Advisor, You will be solely responsible and liable for any losses, damages, actions, and/or claims suffered by, brought, or asserted by a client in connection with services that You provided.

IN THE EVENT OF YOU ARE INVOLVED IN A DISPUTE REGARDING ANY CLIENT OR TRANSACTION, YOU HEREBY RELEASE MYSTIC RIVER AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY’S FEES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mystic River Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, action, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or in connection with: (i) your use and access of the Service, by You or any person using your account and password, including, but not limited to, any interaction or communications with another user, client, advisor, or third party; (ii) a violation or breach of the Terms of Use, the Advisor Terms, Privacy Policy, or any other agreement that governs your use of the Service; (iv) a violation of any of your representations or warranties made to Us, (v) a breach or violation of any law or the rights of any third party; or (vi) any user Content, third party content, third party sites and any other content posted on the Service. In case Mystic River shall be made a party to any litigation commenced by or against You, arising out of your act, default or negligence in use of the Service, then You shall protect and hold Mystic River harmless and shall pay all costs, expenses and legal fees incurred or paid by Mystic River in connection with such litigation.

LIMITATION OF LIABILITY

In no event shall Mystic River, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any user, client, advisor, or third party on the Service; (iii) any Content obtained from or provided to the Service; (iv) reliance by any other person or entity on your recommendations or advice or the actions You take; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Mystic River is not responsible for (i) any Content or conduct, whether online or offline, made in connection with the Service, whether caused by visitors, users, Advisors, third parties and others; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communication lines failure, theft or destruction or unauthorized access to, or alteration of user communications or Advisor communications; (iii) any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion or downtime on the Service, including injury or damage to users or to any other person’s computer and/or mobile device; or (iv) any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any content posted or transmitted to users, or any interactions between users and/or between users and Advisors of the Service, whether online or offline.

GOVERNING LAW

You expressly agree that these Advisor Terms and any dispute arising out of these Advisor Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable therein. You agree and consent that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of these Advisor Terms, and you hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.

CHANGES

We reserve the right, at Our sole discretion, to modify or replace these Advisor Terms at any time, without notification. The latest Advisor Terms will be posted on Our website. It is your responsibility to review the latest Advisor Terms before You use the Service. By continuing to access or use Our Service after new Advisor Terms become effective, You agree to be bound by the new Advisor Terms. If You do not agree to the new Advisor Terms, you must refrain from using the Service.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MYSTIC RIVER LTD. BY CLICKING ON THE “CONTINUE” OR “SAVE” BUTTON ON THE ADVISOR SIGNUP PAGE YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE ADVISOR TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE ADVISOR TERMS HEREOF.