Terms and Conditions

Effective Date: January 01, 2025

Welcome to Baltar the Mystic Horoscopes (“Company”, “we”, “our”, or “us”). Please read these Terms and Conditions (“Terms”) carefully. By accessing or using this website (the “Site”), you agree to be legally bound by these Terms. If you do not agree, please do not use the Site.

Use of Site Content

Content, including but not limited to horoscopes, birth charts, zodiac interpretations, numerology data, text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Site or presented to you through this Site (collectively, “Content”), is protected by copyright, trademarks, service marks, Site marks, patents or other proprietary agreements and laws (collectively, “Intellectual Property Rights”). You are only permitted to use Content as expressly authorized herein or in writing by the Site owner (“Company”). These Terms do not transfer any right, title, or interest in the Site or the Content to you, and Company and its third party advertisers and affiliates retain all of its and their respective right, title and interest to the Site and Content.
Except as provided in these Terms, you may not use, download, upload, copy, modify, print, display, perform, reproduce, publish, license, rent, lease, loan, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, including without limitation by way of framing or hyper-linking, without Company’s permission. Requests for such permission should be made to webmaster at askbaltar.com. No rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Baltar the Mystic Horoscopes or its licensors.
Except as expressly provided in these Terms, nothing contained in these Terms or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. All rights not expressly granted herein are reserved.

General Information

This Site is for entertainment purposes only. Astrology, horoscopes, and numerology do not constitute scientific or professional advice. By using this Site, you agree that the content is intended for personal insight and self-reflection, and you understand we do not guarantee outcomes based on astrological readings. This Site is not affiliated with, endorsed by, authorized by, or associated in any way with any government (whether federal or state), government agency, military, or country. The Site and Content have been prepared for general information purposes only. By using this Site, you expressly agree that any such use is solely for personal, non-commercial use. The Site provides links to other websites and access to content, products and services of third parties, including without limitation, Company’s third party advertisers, affiliates and strategic partners (“Third Party Sites”). You should refer to the separate terms of use, privacy policies, and other rules posted on Third Party Sites before you use them. Company is not responsible for and expressly disclaims responsibility for (a) the availability of, or content provided on, Third Party Sites; (b) third party content accessible through the Site, including opinions, advice, or statements (and you understand that you bear all risks associated with the use of such content); (c) any loss or damage of any sort you may incur from dealing with any third party; or (d) your dealings with any third parties found on or through the Site, including your participation in promotions, the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. Company’s inclusion of a link to a Third Party Site does not imply that Company endorses the Third Party Site or any content or statements made therein, or vice versa. You are under no obligation to transact business with any of the Third Party Sites. Interactions with Third Party Sites are at your own risk and subject to their individual terms and policies.

Registration

In order to access personalized features of the Site, including e-mail services and/or SMS marketing messages, You must register on the Site. In consideration of registering for the personalized features of our Site, You agree to:

Provide complete, accurate and current information as requested;
Maintain updated and accurate information in Your account.

You are responsible for safeguarding your login credentials and any activity under your account. You may not assign or transfer your account without our written permission.

Company may use third parties to provide You with features and services from the Site. Company reserves the right to maintain security of the Site by any reasonable means. This includes, but is not limited to, terminating your account, changing your password, or limiting your use of the Site and/or any of the features provided.

User Registration Data:

Upon registration, including your provision of Registration Data, you will receive a Company identification (“ID”) and a password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You may change your password by following instructions on the Website. You agree that your account, ID and password may not be transferred or sold to another party. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security known to you.

Account Termination

The Company may modify or discontinue (in whole or in part) the Services or your account with us, with or without notice, for any reason without liability to you, any other user, or any third party. Without limiting the foregoing, we reserve the right to terminate your account immediately if:

We are unable to verify or authenticate your Registration Data or other information provided by you
We believe that your actions may cause legal liability for you, the Company, or all or some of our other users,
We believe you have provided false or misleading Registration Data or other information, interfered with other users or the administration of the Services, or violated the Terms, or
Payment failure.

Fees and Payment Terms

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider“) as a condition to signing up for any of the Services. By providing the Company with your credit card number and associated payment information, you agree that the Company is authorized to immediately invoice your account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required. You agree to immediately notify the Company of any change in your billing address or the credit card used for payment hereunder. We reserve the right at any time to change our prices and billing methods, by e-mail delivery to you. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.

Cancellation and Refunds

You may cancel any recurring membership at any time, and you will retain access until the end of your billing cycle. If you cancel your membership, your account will automatically close at the end of your current billing period. Refunds are not permitted. All purchases are final. No refunds will be issued for any services once they have been initiated or delivered.

Prohibited Use of the Site

You may not:

Send unsolicited commercial email to the email addresses provided on the Site;
Send spam or unsolicited messages to any contacts listed on the Site;
Engage in unlawful, harassing, or offensive behavior on the Site;
Infringe upon the intellectual property rights of others;
Submit false information, impersonate others, or use misleading data;
Delete, modify or attempt to change or alter any of the Content on the Site;
Use any device, software or routine that interferes with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with another’s use of the Site;
Use the Site or the Content, intentionally or unintentionally, in any manner inconsistent with or in violation of any applicable laws or regulations or in violation of the rules of any other website providers, websites, chat rooms or the like, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission;
Use any “robot,” “spider” or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine; or
Use any Company name, service marks, or trademarks without prior written consent, including as metatags or hidden text;

Termination

Company reserves the right to modify or terminate your access to the Site (or portions of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. These Terms shall survive termination of these Terms or your right to access to the Site. You acknowledge and agree that Company shall not be liable to you or any third party in the event that it exercises its right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms.

Cancellation: You can cancel your membership at any time, and you will continue to have access to the service through the end of your billing period. If you cancel your membership, your account will automatically close at the end of your current billing period. Refunds are not permitted.”

Copyright Infringement

In accordance with the Digital Millennium Copyright Act (“DMCA”), https://www.copyright.gov/dmca/ provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

Company has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed. When notifying Company of the alleged copyright infringement, please include all of the following information:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A declaration under penalty of perjury that the information is accurate.

Requests, Notices, and counter-notices should be sent to:

Baltar the Mystic Horoscopes
ATTN: Copyright Agent
PO Box 635
Blue Springs, MO. 64013
Email: requests@askbaltar.com

We suggest that you consult your legal advisor before submitting a notice or counter-notice.

If material is believed in good faith by Company to infringe a copyright or otherwise violate any intellectual property rights, Company will remove or disable access to any such material. If you believe that a notice of copyright infringement has been wrongly filed against you and you would like to submit a counter-notification, you may file a Counter-Notification in Response to Claim of Copyright Infringement with Company’s copyright agent, identified above. You may want to seek independent legal counsel before filing a notification or counter-notification.

Disclaimer

The Content on the Site is intended to provide entertainment only and is not legal advice of Company. Any opinions expressed through Content on the Site are the opinions of the particular author and may not reflect the opinions of Company.

Astrology content is subjective and provided solely for entertainment and reflection. We do not guarantee the accuracy or usefulness of any interpretations or predictions.

To the fullest extent permissible pursuant to applicable law, the site and all content, materials, information, products and services provided on the site, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Company expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, integration, non-interference with enjoyment, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Company makes no warranty, and expressly disclaims any obligation, that:

(A) The site will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basic;
(B) The content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
(C) The results that may be obtained from the use of the site or any services offered through the site will be accurate or reliable;
(D) The quality of any products, services, information, or other material obtained by you through the site will meet your expectations; or
(E) That defects, if any, will be corrected. You understand and agree that any content, material and/or data downloaded or otherwise obtained through the use of the site us used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material and/or data.

Modifications to Terms

We reserve the right to change these Terms at any time by posting an updated version on the Site.

Company may change these Terms from time to time, without prior notice, by posting the modified Terms on the Site, which may be accessed by clicking the “Terms and Conditions” link at the bottom of the homepage. Changes are effective immediately upon posting. Continued use of the Site after changes constitutes your acceptance of the revised Terms. If you object to any provision of these Terms or any subsequent modification, or become dissatisfied with the Site in any way, your sole recourse is to immediately terminate your use of the Site.

Company’s failure to act with respect to a breach by any person using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Company may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of Company. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Company on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the state of Missouri without regard to its choice of law rules. You consent to personal jurisdiction by the state and federal courts located in Jackson County, Missouri. Any dispute arising out of or in connection with these Terms or your use of any Content or this Site or your access to or links to this Site, shall be resolved by binding arbitration before a neutral arbitrator administered in Kansas City, MO, in accordance with its applicable arbitration rules, as then in effect. You waive the right to participate in class actions or jury trials related to this agreement.

Arbitration

MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS (“ARBITRATION AGREEMENT”)
PLEASE READ THIS SECTION CAREFULLY – THIS ARBITRATION AGREEMENT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (HEREINAFTER “CLASS ACTION”).
ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OR TO FILE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION SUBJECT TO THE LIMITED EXCLUSIONS BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY.

Most concerns can be resolved by reaching out to our internal legal department by emailing requests@askbaltar.com. In the event the legal department is unable to resolve a complaint to your satisfaction, this section explains how any Dispute (as defined below) will be resolved through arbitration.
In this Arbitration Agreement, the terms “Baltar the Mystic Horoscopes”, “askbaltar.com”, “our,” “we,” or “us” includes Company, and of its present or future affiliates or subsidiaries, and any persons or entities (including agents or employees) related to Company or its present affiliates or subsidiaries.
YOU AND COMPANY AGREE THAT ANY DISPUTE (DEFINED BELOW) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ELECT TO HAVE INDIVIDUAL CLAIMS HEARD IN SMALL CLAIMS COURT IF THOSE CLAIMS OTHERWISE QUALIFY FOR SMALL CLAIMS COURT AND AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE BASIS).
You and Company agree that these Terms affect interstate commerce and the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a Dispute is subject to arbitration.
This Arbitration Agreement applies to any “Dispute.” For purposes of this Arbitration Agreement, “Dispute” shall include, but is not limited to, any claims or controversies between you and Company that are related in any way to these Terms, including, but not limited to, your use of any of the Websites, privacy-related matters, advertising, and/or any communications between you and Company, whether occurring on the Websites (or any of them), in a mobile application or by phone or email, even if the Dispute arises after the termination of your relationship with Company. “Dispute” also includes, without limitation, claims that:

(a) you bring against our employees, agents, affiliates, or other representatives;
(b) Company brings against you;
(c) in any way relate to or arise out of any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory;
(d) arose before these Terms or out of a prior agreement with Company (including, without limitation, claims relating to advertising);
(e) are subject to ongoing litigation where you are not a party or a class member; and/or
(f) arise after the termination of these Terms.

“Dispute” will be given the broadest possible meaning permitted by law. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property, which shall not be subject to arbitration or the notice and informal process described below. The arbitrator shall decide all issues except those relating to the scope, validity, and enforceability of the Arbitration Agreement or any issues arising from or relating to the arbitrability of any Disputes. These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency.

Pre-Arbitration Informal Dispute Resolution

You and Company agree to make a good faith effort to resolve any Dispute informally prior to you or Company initiating an arbitration proceeding. You or Company must first send a written notice to the other party providing a detailed description of the Dispute; your name and contact information (address, telephone number, and email address); sufficient information to enable you or us to identify any transaction at issue; and a detailed description of (1) the nature and basis of any claims, and (2) the nature and basis of the relief sought with a detailed calculation for that relief. Your notice to us must be personally signed by you (and your attorney if you are represented). Our notice to you will be personally signed by a Company representative (and our attorney if we are represented).
Your notice to Company must be sent to Baltar the Mystic Horoscopes, Legal Department, PO Box 635 Blue Springs, MO 64013, with a copy by e-mail to requests@askbaltar.com. Our notice to you will be sent based on the most recent contact information that you have provided to us. If no such information exists or if such information is not current, then we have no obligation under these Terms. For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together in an effort to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you must personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss potential resolution. If requested by you in connection with a notice initiated by us, a Company representative must personally participate in an individualized telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended if you and we agree), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a prerequisite to commencing arbitration.
The party initiating arbitration must include as part of the demand for arbitration a signed certification of compliance with the informal dispute resolution process. If you initiate arbitration, then the certification must be signed by you (and by your attorney, if you are represented). If we initiate arbitration, then the certification must be signed by a Company representative (and our attorney, if we are represented).
Any applicable statute of limitations shall be tolled while the parties engage in this informal dispute resolution process.
If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. You or we may also elect to raise non-compliance with this informal dispute resolution process with a Process Arbitrator (as applicable) or with the Merits Arbitrator.

Waiver of Jury Trial; Waiver of Class Actions.

YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. YOU AND COMPANY ARE INSTEAD CHOOSING TO HAVE ALL DISPUTES RESOLVED BY ARBITRATION. ARBITRATION PROCEEDINGS ARE TYPICALLY MORE LIMITED, MORE EFFICIENT, AND LESS COSTLY THAN PROCEEDINGS COURT. ARBITRATION PROCEEDINGS ARE ALSO SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN ANY LITIGATION BETWEEN YOU AND COMPANY OVER WHETHER TO VACATE OR ENFORCE AN ARBITRATION AWARD, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.
YOU AND COMPANY WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN COURT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW. UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND COMPANY AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF). THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS.

Arbitration Rules; Procedures; Fees.

To begin an arbitration proceeding, you must send an arbitration demand that contains the information set forth in the informal dispute resolution section (required for the notice) along with all information required by the American Arbitration Association (AAA) to the AAA with a copy to Baltar the Mystic Horoscopes, Legal Department, located at: PO Box 635 Blue Springs, MO 64014, with a copy by e-mail to requests@askbaltar.com, or we must send an arbitration demand to you that contains this same information set forth above to the AAA with a copy to the most current address we have on file for you.
The arbitration demand must be accompanied by a signed certification of completion of the informal dispute resolution process referenced above and be personally signed by you (and your attorney, if you are represented) if you are initiating arbitration or by a Company representative (and our attorney, if we are represented) if we are initiating arbitration. By signing the arbitration demand, you or Company (and our attorneys, if applicable) certify to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on the parties and their counsel.
The arbitration will be administered by the AAA under its rules, including the AAA’s Consumer Arbitration Rules as applicable. The AAA’s rules are available at www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Arbitration Agreement, the parties shall seek to agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court to appoint an administrator that will administer the arbitration consistent with this Arbitration Agreement. Payment of all arbitration fees will be governed by the AAA’s rules. Company will reimburse the consumer portion of the arbitration fee following the proceeding upon your sufficient demonstration of financial hardship (1) if the AAA declines your request for a fee waiver; (2) provided you comply with the provisions of the Arbitration Agreement including the informal dispute resolution process referenced above; and (3) provided your claim is not deemed by the arbitrator to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding the foregoing, if Company is required to pay the consumer portion of the arbitration fee for this Arbitration Agreement to be enforceable, it shall do so. The provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
Except as specifically provided herein, you may choose to have the arbitration conducted by phone, video, in-person or through written submissions, except any Dispute over $75,000 shall have an in-person or video hearing. Company reserves the right to request a hearing in any matter from the arbitrator. If you initiate arbitration, then you agree to personally appear at any in-person, video, or telephonic hearing (along with your attorney if you are represented). If we initiate arbitration, then Company agrees to have a representative appear at any in-person, video, or telephonic hearing (along with our attorney if we are represented). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed location. The arbitrator shall be located in reasonable proximity to you or the mutually agreed location if a hearing is required or requested consistent with the above.
The arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may negotiate with the AAA for reduced fees and costs and for streamlined procedures designed to reduce the costs and increase the efficiencies of arbitration.

Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Company by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Company shall each select five (5) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial ten (10) proceedings, each side shall select another five (5) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Dispute Resolution section from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Company.
Opt-out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Baltar the Mystic Horoscopes, Legal Department, PO Box 635 Blue Springs, MO 64013 postmarked within 30 days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the Arbitration Agreement contained in these Terms of Use.
Severability and Survival. Except as specifically provided in the Arbitration Agreement, if any part or parts of this Arbitration Agreement is/are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth in section 16.2 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with Company.
Future Changes to Arbitration Agreement. Company agrees that if we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending us written notice to the address provided above within 30 days of the change. This is not an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the language of this Arbitration Agreement section.

Severability and Survival

Except as specifically provided in the Arbitration Agreement, if any part or parts of this Terms is/are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth in section 16.2 is void or unenforceable for any reason or that an arbitration can proceed on a class basis, and all appeals from that decision have been exhausted (or the decision is otherwise final), then the Arbitration Agreement shall be deemed null and void in its entirety. This Arbitration Agreement will survive the termination of your relationship with Site.

Indemnification

You agree to indemnify, defend and hold harmless Company, its affiliates, licensors, shareholders, directors, officers, co-branders, subsidiaries, parents, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Site, your use of the Content, any content you submit, post, or transmit through the Site, your linking to the Site, or your violation of these Terms.

Limitation of Liability

You agree to use this Site at your own risk. In no event shall Company be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or damages for cost of procurement of substitute services, loss of profits, revenue, data, goodwill, or use, incurred by you or any third party, whether in an action in contract or tort (including negligence and strict liability), arising from your access to or inability to access, or use of, the site or any services provided in connection with the site, or otherwise resulting from:

(1) The cost of procurement of substitute services, goods, or websites;
(2) Unauthorized access to or alteration of your transmissions or data;
(3) The statements or conduct of any third party on the site; or
(4) Any other matter relating to the site, even if company was advised that such damages were likely not possible.

This limitation on liability applies to, but is not limited to, the transmission of any disabling device or viruses which may infect your equipment or system, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any force majeure. Some jurisdictions do not allow certain limitations or exclusions of liability in some circumstances. Accordingly, some of the foregoing limitations may not apply to you.

Release

YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.

Limitation of Actions

You agree that any claim or cause of action arising out of your use of the Site or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

Privacy Policy

Company will treat any information it collects, stores, and uses from you in accordance with its Privacy Policy, which is incorporated by reference herein.

Acknowledgment

You acknowledge

(a) that you have read and understood these Terms; and
(b) that these Terms have the same force and effect as a signed agreement.

Contact Information

For any questions regarding these Terms or the Site, please contact Company at:

📧 Email: requests@askbaltar.com
📬 Mailing Address:
Baltar the Mystic Horoscopes
PO Box 635
Blue Springs, MO
64013