Welcome to the AskNow.com® website located at www.asknow.com (the "Website"). The Website is brought to you by Qwando, LLC d/b/a AskNow® ("AskNow®," "we" or "us"). The services provided via the Website are for entertainment only and are only available to individuals who are 18 or older, and who are legal residents of the United States, the District of Columbia or Canada.
- Acceptance of Agreement. This Agreement constitutes the entire agreement between AskNow® and users of the Website and/or AskNow® Services, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, whether written or oral, with respect to the subject matter of this Agreement. We may amend this Agreement from time to time, in our sole discretion, without specific notice to you. The most recent version of the Agreement will be posted on the Website. Your continued use of the Website and/or AskNow® Services constitutes your acceptance of all of the terms and conditions contained within the Agreement effective at that time, as well as your acknowledgment of the reasonableness of these standards for notice of changes. We encourage you to review the Website and this Agreement periodically for any updates or changes.
- Description of Services. AskNow® connects its registered users with psychics specializing in areas such as tarot, love and romance, money and finance, career and goals, numerology, i-ching, dream analysis, pet psychics and more. Registered users can speak with psychics via one-on-one online chat, a callback, a toll free number. In addition to the aforementioned Services, AskNow® also provides horoscopes for registered users and non-registered users of the Website.
The opinions expressed by psychics are not necessarily those of AskNow®. Psychics providing services via the Website and/or the toll free number are independent contractors of Circle of Stars, LLC, and are neither employees of, nor supervised by, AskNow®. Circle of Stars, LLC is neither owned nor operated by AskNow®.
- Registration & Your Account. To obtain an account and become a registered user of AskNow®, you must first either complete our online registration form located at the Website, or contact an AskNow® representative via our toll free number at 1-800-2ASKNOW (1-800-227-5669) to complete your registration over the telephone. The information you must supply during the registration process includes: 1) full name; 2) billing address; 3) call back telephone number (i.e., the telephone number at which you desire to be contacted to speak with a psychic); 4) e-mail address; and 5) credit card information (collectively referred to as "Registration Data"). You agree to provide true, accurate, current and complete Registration Data.
You must also select a User Name and password (or PIN if you register by telephone) that will be used to access your account information on the Website or via the telephone. You are responsible for updating, and agree to keep current, your account information as necessary. AskNow® will verify and approve all accounts in accordance with its standard verification procedures.
For online registrations, once your registration is complete, a confirmation e-mail containing your User Name and password will be sent to the e-mail address provided during registration. You must keep your User Name and password confidential. AskNow® will not release passwords for any reason, other than to the applicable member himself or herself, except as may be specifically required by law or court order. You agree that you will not authorize and/or permit others to use your account. AskNow® is not responsible for unauthorized use of your account. Your account is non-transferable. You may continue to use your account so long as you remain a member in good standing. You agree that you are responsible to AskNow® for any and all charges resulting from the use of your account, even after your account is terminated.
Pricing & Billing of Services. You agree to be bound by the pricing and billing practices of AskNow®. All charges are payable in United States Dollars. All Services provided via the Website and our toll free numbers are offered on a per minute basis. Currently, AskNow® provides for a single payment options; credit card. Payments to AskNow® will appear on your credit card statement as "Asknow.com". AskNow® reserves the right to change its pricing and/or billing practices at any time, in its sole discretion. If AskNow® deems the change to be material we will make reasonable efforts, such as updating these terms and conditions, sending you an e-mail or posting the change on the Website, to notify you of such change.
Per Minute Billing:
All calls to Top Rated Psychics are billed at the rate of $3.29 per minute, except Platinum Founders, who are billed at $1.00 per minute.
All calls to Master Psychics are billed at the rate of $4.29 per minute, except Platinum Founders, who are billed at $2.00 per minute.
The call will be billed to the credit card number you provided during registration. If the charge is declined, you will be unable to use the service until the balance is paid.
AskNow® Platinum Program:
AskNow® users have the option of joining our Platinum Program. Platinum Program members will receive 40 minutes per month for $40.00. The Platinum membership is a monthly recurring charge. It is automatically billed each month to the credit card selected during registration. You may cancel your Platinum status at any time by either logging in to your account at the Website, clicking on "My Account," selecting "My Club," and "Cancel Club," or by calling our toll free number and speaking with an AskNow® representative. Cancellations will become effective upon the end of the current billing month. No credit will be given for partial months.
AskNow®Platinum Program II:
AskNow® users have the option of joining our Platinum Program II. Platinum Program II members will receive 20 minutes per month for $19.95. The Platinum membership is a monthly recurring charge. It will automatically be billed each month to the credit card selected during registration. You may cancel your Platinum status at any time either by logging in to your account at the Website, clicking on "My Account," selecting "My Club," and "cancel Club," or by calling our toll free number and speaking with an AskNow® representative. Cancellations will become effective upon the end of the current billing month. No credit will be given for partial months.
AskNow® Platinum Founders Program:
AskNow® Platinum members who joined prior to April 10, 2006 are considered Platinum Founders.
Platinum Founders receive the same monthly service as our normal Platinum Program (described hereinabove);
however, as a "Thank you" for being one of our founding members, Platinum Founders
will receive the discounted per minute rate of $1 per minute for calls to Top Rated psychics and $2 per minute for calls to Master Psychics for any minutes used in excess of the 40 minutes
per month received in the Platinum Founders Program.
Minutes purchased can be used interchangeably via the telephone or one-on-one online chat.
However, as a Platinum, Platinum Program II member or Platinum Founder, if your account remains inactive (i.e., you do not access your account and/or use your minutes) for any ninety (90) day period, AskNow® will terminate your Platinum status and will cease monthly billing for the AskNow® Platinum Program. Any unused minutes will remain in your account. AskNow® reserves the right to terminate your account and unused minutes if you do not utilize AskNow®'s services for a one-year period.
- Recharging Your Account. If you purchased a prepaid bulk package prior to September 28, 2006, you have the opportunity to add additional prepaid packages of minutes to your account at any time. To recharge your account at any time, call our toll-free number 1-800-2ASKNOW or simply log in to your account and click on "Add Minutes." You will have the opportunity to select the package with the number of minutes you wish to add, as well as your payment method. Alternatively, if you run out of minutes during a psychic reading (either via the telephone or one-on-one online chat) you will be asked whether you would like to continue your reading by adding additional minutes to your account. If you are receiving your reading over the telephone, you will first hear a notification that you have one (1) minute remaining in your account. You will then hear several recharge options, and will have the ability to select the recharge package of your choice by pressing a number on the telephone keypad. Following your package selection, your preferred payment account (e.g., credit card, PayPal® or checking account) will be charged. If you receive notification that you have one (1) minute remaining and you do not wish to recharge, your call will be automatically disconnected when you have used up the remaining minutes in your account. If you are receiving your reading via one-on-one online chat, you will receive a notification message on your computer screen that you have one (1) minute remaining in your account. You will then have the opportunity to select a recharge package and click to purchase using your preferred payment account. Following the recharge, you will be automatically reconnected with the psychic with whom you were previously speaking unless too much time has elapsed or the psychic is no longer available for some other reason.
Recharges for prepaid bulk users are currently available in the following increments and prices; but are subject to change at any time:
1) 20 minutes for $49.95; or
2) 50 minutes for $99.95.
Online Conduct. In order to continue to enjoy the privileges of being an AskNow® registered user, you must follow the guidelines set forth in this Agreement. As a registered user, you agree that, among other things, you will not: 1) attempt to obtain the personal contact information of a psychic; 2) divulge your personal contact information to a psychic and request to be contacted directly; 3) use vulgar, harassing, obscene, privacy invading, or defamatory language during a psychic reading or in a psychic rating; 4) do anything to disrupt the operation of the AskNow® website, services or network; 5) attempt to gain unauthorized access of the network to transmit "junk mail" or other mass mailings; 6) advertise or market any services or products; 7) post, upload or transmit false or misleading information or take any action that violates the rights of third parties; or 8) make false statements or attempt to use financial or other information that you are not authorized to use. Your psychic rating shall be accurate and may be posted and/or edited, in our sole discretion, and should not contain vulgar or defamatory language. Additionally, as a condition of your use of the Website, you represent and warrant to AskNow® that you will not use the Website for any purpose that is unlawful or prohibited by the applicable terms, conditions notices of this Agreement. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not attempt to obtain any materials or information through any means not intentionally made available or provided for through AskNow®.
Promotions and Introductory Offers. The following offers are subject to availability and may not be available to you when you register for an account:
10 for $10; 20 for $20; or 30 for $30:
This offer may be available at the time of registration to select new customers who register using a credit card. By joining AskNow® you may be entitled to purchase any one of the following packages of time: 1) 10 minutes for $10; 2) 20 minutes for $20; or 3) 30 minutes for $30. As always, your time may be used via the telephone or one-on-one online chat. After your initial minutes have been used, you may purchase additional minutes in a prepaid bulk package. See Sections 3 and 4 for pricing details.
10 for $1.99:
This offer may be available at the time of registration to select new customers who register using a credit card. By joining AskNow® you may be entitled to purchase 10 minutes for $1.99. As always, your time may be used via the telephone or one-on-one online chat. After your initial minutes have been used, you will hear a tone and will have the option to continue your call at the rate of $3.29 per minute, or you can end the call, thus avoiding additional charges by hanging up. You may purchase additional minutes in a prepaid bulk package. See Section 4 and 5 for pricing details.
Five Minutes Free:
This offer may be available at the time of registration to select new customers who register using a valid credit card. By joining AskNow® you may entitled to receive 5 free minutes with a psychic. As always, your time may be used via the telephone or one-on-one online chat. At the end of your 5 free minutes you will hear a tone and can choose to continue your call at the rate of $3.29 per minute by staying on the phone, or you can end the call, thus avoiding additional charges by hanging up. You may purchase additional minutes in a prepaid bulk package. See Sections 4 and 5 for pricing details.
Three Minutes Free:
This offer may be available at the time of registration to select new customers who register using a valid credit card. By joining AskNow® you may entitled to receive 3 free minutes with a psychic. As always, your time may be used via the telephone or one-on-one online chat. At the end of your 3 free minutes you will hear a tone and can choose to continue your call at the rate of $3.29 per minute by staying on the phone, or you can end the call, thus avoiding additional charges by hanging up. You may purchase additional minutes in a prepaid bulk package. See Sections 4 and 5 for pricing details.
Platinum Trial Membership Offer-10 Minute Psychic Reading for $1.95:
This offer may be available at the time of registration to select new customers that register using a valid credit card. By joining AskNow® you may be entitled to receive a 10 minute psychic reading for only $1.95 with your Platinum Trial Membership. If you do not cancel your Platinum Trial Membership within twenty-four (24) hours, you will become a Platinum Club Member. You must cancel within twenty-four (24) hours to avoid being charged $40. Each month, you will be billed $40 for 40 minutes. The monthly price is subject to change upon notice to you. The payment method, such as a credit card, provided during registration will be charged. You can cancel your Platinum status at anytime before or after your 24-hour trial membership. Any unused minutes will remain in your account as provided in Section 3 hereinabove.
Platinum Trial Membership Offer-10 Minute Psychic Reading for $0.99:
This offer may be available at the time of registration to select new customers, who register using a valid credit card. By joining AskNow® you may be entitled to receive a 10 minute psychic reading for only $0.99 with your Platinum Trial Membership. If you do not cancel your Platinum Trial Membership within twenty-four (24) hours, you will become a Platinum Member. You must cancel within twenty-four (24) hours to avoid being charged $40. Each month, you will be billed $40 for 40 minutes. The monthly price is subject to change upon notice to you. The payment method, such as a credit card, provided during registration will be charged. You can cancel your Platinum status at anytime before or after your 24-hour trial membership. Any unused minutes will remain in your account as provided in Section 3 hereinabove.
Platinum Trial Membership Offer-10 Minute Psychic Reading for $1.95:
This offer may be available at the time of registration to select new customers who register using a valid credit card. By joining AskNow® you may be entitled to receive a 10 minute psychic reading for only $1.95 with your Platinum Trial Membership. If you do not cancel your Platinum Trial Membership within twenty-four (24) hours, you will become a Platinum Member. You must cancel within twenty-four (24) hours to avoid being charged $40. Each month, you will be billed $40 for 40 minutes. The monthly price is subject to change upon notice to you. The payment method, such as a credit card, provided during registration will be charged. You can cancel your Platinum status at anytime before or after your 24-hour trial membership. Any unused minutes will remain in your account as provided in Section 3 hereinabove.
Platinum Bonus Offer-80 Minutes for $40 for your First Month:
This offer may be available at the time of registration to select new customers who register using a valid credit card. By joining the AskNow® Platinum Program, you may be entitled to receive 80 minutes your first month for only $40. Each month thereafter, you will be billed $40 for 40 minutes. The monthly price is subject to change upon notice to you. The payment method, such as a credit card, provided during registration will be charged. You can cancel your Platinum status at anytime before or after your 24-hour trial membership. Any unused minutes will remain in your account as provided in Section 3 hereinabove
Termination & Cancellation. You agree that AskNow®, in its sole discretion, may terminate this Agreement and/or suspend your account (or any part thereof) at any time, without notice to you, in the event that AskNow®: 1) reasonably believes that you are in breach of the Agreement; 2) reasonably believes that you have provided incomplete, inaccurate or untrue Registration Data; or 3) decides to discontinue offering the service. You may cancel your account at any time. Upon cancellation, your license to use AskNow® services, as set forth herein shall immediately terminate. If AskNow® terminates this Agreement, or suspends your account for any of the reasons set forth in this Agreement, AskNow® shall have no liability or responsibility to you, and AskNow® will not refund any amounts previously paid and you forfeit all unused pre-paid minutes in your account. You understand and agree that cancellation of your account is your sole right and remedy with respect to any dispute with AskNow®.
License Grant. As a visitor to the website and/or member, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Website (and its associated content) and/or Services in accordance with this Agreement. AskNow® may terminate this license at any time for any reason whatsoever. You may use the Website and/or Services for your own personal, noncommercial use. No part of the Website and or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Services, Website content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Services. AskNowT reserves any rights not explicitly granted in this Agreement.
Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through this Website. The posting of information or material at the Website by AskNow® does not constitute a waiver of any right in such information and/or materials.
Third Party Websites. The Website and/or third parties may provide links to other Internet websites and/or resources. AskNow® is not responsible for the content, terms and conditions and/or privacy policies on such websites. If you choose to link to a website not controlled by AskNow®, AskNow® makes no warranties, either express or implied, concerning the content of such website, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does AskNow® warrant that such website or content is free from any claims of copyright, trademark or other infringement or the rights of third parties or that such website of content is free from viruses or other contamination.
Privacy Policy. Use of the Website and/or Services is subject to our Privacy Policy, which is hereby incorporated hereto and made a part of this Agreement. We reserve the right to use all information regarding your use of the Website and/or Services and any and all other personally identifiable information provided by you in accordance with the terms of our Privacy Policy. Click Here to view our Privacy Policy.
Indemnification. You agree to indemnify, defend and hold harmless, AskNow® and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or relating to your use of the Website and/or Services, and any material that you submit to or transmit through the Website, your violation of this Agreement, your infringement or violation of the rights of another, or termination of your access to the Website and/or Services.
Disclaimer of Warranties. THIS WEBSITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ASKNOW® MAKES NO WARRANTY THAT: 1) THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; 2) THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND 3) THE RESULTS THAT MAY BE OBTAINED FROM THE SUE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ASKNOW® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET OR TELEPHONE CONNECTION AND/OR ANY AND ALL SERVICES PURCHASED ON THE WEBSITE. ASKNOW® ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED SETTINGS. NO ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY THE MEMBER FROM ASKNOWT OR THROUGH USE OF THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Satisfaction Guarantee: We at asknow® want you to have a rewarding experience while enjoying our services. If for any reason your experience at asknow® does not meet with your satisfaction then we ask that you do the following is order to receive a refund of your money or refund of your time in order that you can speak with another advisor. In order to receive this refund we ask that you do the following:
• Leave detailed, written feedback at customerservice@asknow.com as to why your experience was unsatisfactory. Please provide as much information as possible including the advisors name and time of the call. Please provide this information within 72 hours as it is our position that the sooner we can address this problem the better the service we can provide our customers. You can also call customer service at 800-227-5669 and provide our friendly agents with the detail described above.
Once we receive your detailed information we will review your claim. We reserve the right to credit your Member account either fully or partially by refunding your credit card account or providing you with the same number of minutes into your account as you previously used on the call that was the subject of the complaint.
In order for us to credit your account you must have a registered credit card on file with asknow®
Limitation of Liability. YOU AGREE THAT ASKNOW® AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF, THE WEBSITE OR ANY SERVICES OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR SERVICES, EVEN IF ASKNOW® AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
Choice of Law & Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida, County of Pinellas. Any and all disputes arising out of this Agreement or the Services referenced herein shall be resolved by mediation, and if such mediation is unsuccessful, by binding arbitration under the auspices of, and pursuant to the commercial arbitration rules of, JAMS before a single arbitrator at its Atlanta, Georgia office.
Legal Warning. Any attempt by any individual, whether or not an AskNow® member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website and/or Services, is a violation of criminal and civil law and AskNowT will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
Customer Service. You may contact AskNow® customer service via e-mail at CustomerService@AskNow.com, by writing to 3665 East Bay Drive, Suite 204E, Largo, FL 33771-1965, or by calling 1-800-227-5669..