Terms of Use

NicholasAshbaugh.com Terms of Use

Please carefully read the following Terms of Use before using the website with the URL of: https://www.nicholasashbaugh.com (“Site”). By accessing the Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. This Site is operated by Nicholas Ashbaugh, LLC (“NA”), a California limited liability company. Throughout the Site, the terms “we”, “us” and “our” refer to NA.  NA offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your continued use of this Site constitutes your agreement to these Terms of Use.  Further, these Terms of Use also cover any use of NA’s services offered via the NA newsletter, Instagram, YouTube, Facebook, Twitter and any other emerging social media platforms whether now in existence or hereinafter created.

PLEASE READ THESE TERMS OF USE VERY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL REMEDIES, RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS EXCLUSIONS AND LIMITATIONS, AS WELL AS A DISPUTE RESOLUTION CLAUSE THAT GOVERNS THE MANNER OF DISPUTE RESOLUTION.

 

Site Offered for Entertainment Purposes

You must be 18 years or older to schedule and/or use the psychic reading and/or intuitive services offered via the Site (collectively, the “Services”) and/or to become a “Patron” of NA by clicking on “Become a Patron” and supporting the Site and the Services offered through the Site.  You expressly acknowledge, accept and agree that NA is a for profit organization.  Making a one-time or ongoing contribution to NA, NA’s Patreon or NA’s YouTube channel is not a guarantee of any services. All such contributions are non-refundable.  Neither Nicholas Ashbaugh (agent of NA) nor NA are associated with any non-profit organization.  Contributions to NA as a “Patron” are for the express purpose of supporting NA.  All guidance and advice given by NA or its agents and/or representatives does not constitute a substitute for legal, psychological, financial, accounting, medical, or business advice.  You expressly accept full responsibility for the decisions you make and/or actions you take based on the content of any reading and/or consultation made via the Site.  You agree that no agent of NA or NA is responsible for your success, or lack thereof. Your reliance on any information provided via the Site is done with the understanding that you, and only you, are responsible for your decisions.

 

Refunds/Cancellations

If you need to cancel a scheduled reading appointment made via the Site, you must cancel at least seventy-two (72) hours in advance of such appointment by clicking on the “View, Change or Cancel Appointment” link in your confirmation email and/or replying to that email, or you will be charged the full rate for your scheduled reading appointment.  If you experience technical difficulties canceling on your own, you can reach NA by filling out a technical support request (reference: https://nicholasashbaugh.com/technical) within that 72 hour period as well.  It is your responsibility to review the confirmation email and the two subsequent reminder emails for accuracy including, but not limited to: time zones, telephone numbers, and emails.  NA is not responsible for errors made on your part or failure to correct the aforementioned. Full details on the Cancellation & No Show Policy can be found here: https://nicholasashbaugh.com/cancellation-and-no-show-policy.  NA will use reasonable commercial efforts to reschedule your reading appointment when your cancellation is received in the aforementioned time frame.  All fees and payments are final.  After a session, any payments made for appointments are non-refundable.

 

Accuracy and Timeliness of Information on this Site

NA uses its reasonable commercial efforts to ensure accurate and updated information on this Site, as well as the access to such information. However, we are not responsible if information appearing on this Site is not entirely accurate, complete or current. We reserve the right to modify the content of this Site at any time, and we have no obligation to update any information on the Site other than to comply with privacy laws as necessary. The material on this Site is provided for general information and entertainment purposes only and should not be relied upon or used as the sole basis for making life decisions without consulting other relevant sources of information.

 

NA declines any and all responsibility for the following:

  • any interruption of the Site;
  • any bugs which may arise;
  • any inaccuracy or omission in connection with the information available on the Site;
  • any damages resulting from a third party’s wrongful intrusion of the Site;
  • any direct or indirect or consequential damages, regardless of their origin or nature, including without limitation any damages arising from the online purchase of services appearing on this Site or the impossibility of accessing the Site, or from reliance on any information of which this Site is the direct or indirect source.

 

Collection of Personal Information

In general, you can use this Site without giving us any information. However, additional services may be available if we have certain information about you. We may collect the following information:

  • account registration information including your name, telephone number, postal address and email address;
  • billing information, transaction and credit card information (should you make a purchase with us); and
  • if you contact us, we may keep a record of that correspondence.

Information you provide to us must be true, accurate, current, and complete in all respects.

We use this information to provide you with a better service, and in particular, for the following reasons:

  • internal record keeping;
  • to improve our services; and
  • to communicate with you by email, telephone or post if you have ordered or purchased services from us, either regarding such purchase or other matters regarding transactions between us or your customer relationship with us.

 

Payment

We take reasonable care to make our Site secure. All credit/debit card transactions made via the Site are processed using one of the following: Authorize.net (https://authorize.net), Google (https://google.com), Stripe (https://stripe.com), Paypal (https://www.paypal.com), Square (https://squareup.com), or Patreon (https://patreon.com)—secure online payment gateways that encrypt your card details in a secure host environment. Additionally, information is shared with payment processor Electronic Merchant Systems “EMS” (https://emscorporate.com) and PaymentCloud (https://paymentcloudinc.com), an independent sales office that helps connect gateways and processors.

 

Direct Marketing

We would like to provide you with information about new services, promotions, special offers and other information, which we think you may find interesting. By using the Site you have consented to us doing so, and we may send you such information by email.  If you decide at any time that you no longer wish to receive marketing emails from us, please click on the unsubscribe link in the email. Alternatively, you have the right to access, modify and delete any personal information. Such right can be exercised at any time by using this form: https://nicholasashbaugh.com/technical and requesting to be unsubscribed.

Data gathered by the Site is intended to be used exclusively by NA unless we have your permission or are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply other agreements; or to protect the rights, property or safety of NA, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction within the framework of the relevant data protection law.

 

Right to Refuse Service or Terminate a Session:

NA reserves the right to refuse service or terminate a session at any time if the client is at risk of harming himself or herself or others, and/or if the client becomes abusive towards NA.

 

Copyrights and Trademarks

This Site and all content on this Site (including, without limitation, text, design, images, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by NA and is protected by copyright, trademark and other applicable laws.

Nothing on this Site shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written authorization, except as otherwise described herein. NA reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, and / or use of the Site for purposes competitive to NA, is expressly prohibited.

NA reserves the right to refuse service to any user of the Site and to prohibit any person from using this Site for any reason whatsoever. NA, and its licensors or content providers, retain full and complete title in and to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in NA’s sole discretion. NA neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with NA.

 

Links

The Site may contain links to other websites. Insofar as NA has not necessarily reviewed all the information appearing on such websites, and NA cannot control such websites and external sources, NA shall not be held liable for any access problems or the content or material contained on such websites.

Inclusion of links to other sites should not be viewed as an endorsement by NA of the content of linked sites. Please note that different terms and conditions may apply to your use of any linked sites. NA is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

If you decide to leave the Site and access the third party websites or to use or install any applications, content or software on such websites, you do so at your own risk and you should be aware that these Terms of Use no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from such website.

 

Cookies

We use cookies for certain areas of our Site, including but not limited to session cookies, persistent cookies and web beacons. Cookies are files that store information on your hard drive or browser that allow our Site to recognize that you have visited our Site before. They make it easier for you to maintain your preferences on the Site, and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. We use cookies to:

  • Record your session information (such as the particular services you purchase via the Site);
  • Record your specific information on the web pages you select to view; and
  • Retain your answer to our question regarding residency.

You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. On Microsoft Internet Explorer, this can be done by selecting “Tools/Internet Options” and reviewing your privacy settings or by selecting “delete cookies”. However please note that this may prevent you from taking full advantage of the Site. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. No information obtained from cookies from which individual customers can be identified will be used by us for marketing purposes.

 

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. NA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. NA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.  NA hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Site and any Services and applications offered through the Site at any time without notice.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NA NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, NA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NA, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH NA IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND NA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless NA and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from such disruption. NA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with NA in the defense of such matter.

 

JURISDICTIONAND APPLICABLE LAW

The laws of the State of California govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the County of Los Angeles for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of California and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

 

ARBITRATION

These Terms of Use shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel. YOU AND NA AGREE THAT, EXCEPT AS MAY OTHERWISE APPLY AND BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) no disputes or claims relating to any transactions you enter into with a third party through the Site may be arbitrated. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (collectively, the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.

 

OTHER

These Terms of Use constitute the entire agreement between you and NA regarding the use of the Site, superseding any prior agreements between you and NA relating to your use of the Site. The failure of NA to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

COMPLIANCE WITH THE U.S. TREASURY DEPARTMENT’S OFFICE OF FOREIGN ASSETS CONTROL

The Treasury Department’s Office of Foreign Assets Control (OFAC) administers and enforces economic sanctions imposed by the United States against foreign countries. Depending on the country, OFAC programs may freeze assets of embargoed countries, prohibit payment of funds to individuals and countries on the embargo list, and/or prohibit provision of services to countries subject to U.S. sanctions. These sanctions may require obtaining OFAC approval before conducting research or other activities in or involving the sanctioned country. Some sanctions are more restrictive than others, and apply to the whole country, while others are specifically target  certain individuals or entities within a country.  The list of sanctioned countries is updated periodically and is available here. OFAC can also designate persons and entities (including persons and entities in the United States) as Specially Designated Nationals (“SDN list“). OFAC designates persons and entities as SDNs for narcotics trafficking, weapons proliferation and other reasons.

In accordance with these OFAC regulations, as well as regulations and policies concerning financial processors, NA only accepts appointments from clients residing in the countries listed on the appointment booking page (https://nicholasashbaugh.com/booknow). The OFAC list supersedes anything listed on the Site. Both the OFAC list and the booking list are subject to change at any point without notice.

It is your responsibility to abide by the OFAC regulations. If an OFAC restriction applies to your country of residence, then your appointment is subject to cancellation. You will not hold NA responsible for said cancellation.

 

SaveSaveSaveSave