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.
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.
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: Google (https://google.com), Patreon (https://patreon.com), Paypal (https://paypal.com), Square (https://squareup.com) or Stripe (https://stripe.com)—secure online payment gateways that encrypt your card details in a secure host environment.
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.
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.
- 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.
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.
JURISDICTIONAND APPLICABLE LAW