Dr. Nikki's
Terms of Service

Here’s where the terms of service are
explained.
Welcome to DrNikki.Com, the fundraising arm of
Black Rose Spiritual Center, Inc.  Please read the below Terms of Service.  
By purchasing minutes and/or ordering and receiving a reading or report from
DrNikki.Com you agree to be bound by the following terms of service:

1. DrNikki.Com provides a wide range of readings and reports including
astrology reports, numerology reports, intuitive services and readings.   As a
service to the public and in conjunction with Black Rose Spiritual Center Inc.’s
mission of teaching about various religious belief systems we offer a wide range
of general information pages ranging from Astrology to Zoroastrianism.  The
services provided may be relayed by regular post (additionally charges may
apply), electronic mail, electronic chat, and/or telephone.  We also provide
research services which may require different methods of data transfer.

2.   Our services are available to all those who are able to enter into a
legally binding contract under the laws of the United States of America.  You
must be 18 to use our services or submit a notarized written authorization from
your legal parent or guardian stating they are your legal guardian and that you
may utilize our services.  As we are an internet based organization, we rely on
our callers to ensure that it is legal in their jurisdiction to use our services.  
Please view our available services here.

3.  Privacy Policy:  Please read our entire privacy policy here.

4.  We reserve the right to refuse service to anyone.  In the rare case
that we need to refuse to accept any further calls from an individual, the caller
will be notified in writing via e-mail or regular mail.  All remaining minutes will be
returned to the individual, and an updated donation statement will be provided.  
As we are energy workers we must hold to this provision as there are the rare
times when it will be better for all concerned for us to reimburse your remaining
minute bank and allow you the opportunity to find another reader you connect
with better.

5.  We expect our services to be used in the vein offered.  In other
words, we’re here to help the individual.  We’re here to conduct readings,
conduct research, and help people the best we can.  By signing up with our
services you affirm that you are who you say you are, that you are going to be
using our services in accordance with the published terms and conditions and
associated policy statement, and that you understand our no return policy.

6.  No Accuracy Guarantee.  
You understand and agree that:
a.  The services are provided “as-is” and with all faults and foibles that are
inherent within the humans that we are.  There are no guarantees or warranties
as to accuracy expressed and/or implied within any of our readings or reports.  
We give you the best we have, but, we are human.
b.  Use of the services is at your sole discretion.  You understand that you are
solely responsible for any choices or decisions you make and that information
from readings should be incorporated into the whole of your life and not the
“only answer.”  We hold strong to the belief of personal responsibility.  We feel
our job is to help your information flow so that you can make the choices you
have to with the best information possible.  
c.  The services are provided for entertainment purposes only and we make no
warranty or representation regarding the results that may be obtained from the
use of information obtained on our site or during a reading.
d.  The use of services is at your own risk.  We are not responsible for any
computer problems or loss of data because of linking to our website or using our
services.  Our shopping cart and payment processing is 128 bit encrypted, our
host server is secured and even down to the lowly desktop in the office, we have
the most current protections against worms, spy ware, adware and viruses,
firewalls, etc.

7.  Limitations of Liability:
In no event will DrNikki.Com or Black Rose Spiritual Center, Inc. or its
suppliers and/or readers be liable for any direct, indirect, incidental, special,
consequential or punitive damages of any kind, including but not limited to
damages for loss of profits and the cost of procurement of substitute goods and
services (indirect damages) arising out of or in connection with our website, the
services, our privacy policy or these terms and conditions.  Without limiting the
following, Black Rose Spiritual Center, Inc. and its employees will not be liable
for direct or indirect damages arising of or in connection with:
a.  The use of or the inability to use our service  at a given time.  If you are
having trouble, please call 1-800-496-3114 and let us know so we can get
it taken care of.
b.  Any goods or services purchased on our site
c.  Loss of client data (every effort will be made to retain client data, and a
hard copy of most electronic correspondence is kept on file for a minimum of 1
year).  Hard paper copies of correspondence is printed out on a regular basis,
but there are the occasional times rare though they may be when paperwork is
lost and/or misplaced.
d.  The liability of Black Rose Spiritual Center, Inc. and its employees to you
or any other third parties arising out of or in connection with our website, the
services, our privacy policy, or these terms of service (however arising,
including negligence) is limited to the amount of fees you pay to us in the 30
days prior to the action giving rise to liability, or $100.00 (one hundred dollars)
whichever is less.

8.  Indemnification:
You agree to indemnify, defend and hold harmless DrNikki.Com and its parent,
Black Rose Spiritual Center, Inc., it’s officers, directors, employees, suppliers
and agents from any and all third party claims, liability, damages and/or costs
(including, but not limited to, attorney fees) arising from Your use of our
services, Your violation of the privacy policy or these terms of services, or your
violation of any third party’s rights, including without limitation, infringement by
You or any other user of Your account of any intellectual property or other right
of any person or entity.  These terms of service will inure to the benefit of
DrNikki.Com’s successors, assigns, agents, and licensees.

9.  Intellectual Property Rights:
You acknowledge that the content, including but not limited to text, software,
sound, photographs, video, graphics, music, or other material contained in either
our web site, advertisements or e-mail of commercially produced information is
covered under copyright owned by Black Rose Spiritual Center, Inc., unless
specifically specified otherwise.

10.  Arbitration:  Injunctive Relief.
Any dispute, controversy, or claim arising out of, relating to, or in connection
with this Agreement shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association
(AAA).  The arbitration shall be conducted by a single arbitrator, selected in
accordance with the rules of the AAA, and judgment on the arbitration award
may be entered in any court having jurisdiction thereof.  Notwithstanding the
foregoing, either party has the right to seek any interim or preliminary relief
from a court of competent jurisdiction in the State of Montana in order to
protect the rights of such party pending the completion of any arbitration
hereunder, and both parties agree to submit to the exclusive jurisdiction of the
courts of the State of Montana and venue in Libby, Lincoln County, Montana
for any such proceeding.  If either party files an action contrary to this
provision, the other party may recover attorneys’ fees and costs up to one
thousand US dollars (US $1,000.00).

11.  General Provisions:
These Terms of Service will be governed by and construed in accordance with
the laws of the State of Montana without giving effect to any choice of law
principles that would require the application of the laws of a different state.  If
for any reason a court of competent jurisdiction finds any provision or portion of
these Terms of Service or Privacy Policy to be unenforceable or invalid, such
provision shall be changed and interpreted so as to best accomplish the
objectives of such unenforceable or invalid provision within the limits of
objectives of such unenforceable or invalid provision within the limits of
applicable law, and the remainder of the Terms of Service or Privacy Policy, as
applicable, will continue in full force and effect.  Headings are for reference
purposes only and in no way define, limit, construe, or describe the scope or
extent of such section.  Any waiver of any provision of the Terms of Service will
be effective only if in writing and signed by Black Rose Spiritual Center.  These
Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter.

12.  You agree to use the appropriate line when you call for your reading.  
In order to maintain our cost value pricing, we require that the following phone
numbers be used for their intended purposes by clientele:

1-800-496-3114 – administrative line for scheduling readings and
customer service

1-406-756-0933 – for readings with Dr. Nikki

While we understand that mistakes can be made, we must hold firm to the above
terms of service in order to continue to provide our clients with the best readings
possible and the highest levels of customer service and care.

Any questions regarding our terms of service should be made to:
admin@drnikki.com
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Copyright (c) 2007 Black Rose Spiritual Center, Inc.      1-800-496-3114