Last updated April 2, 2024
Please read these terms and conditions carefully before using the Purple Garden web site and/or mobile application (the “Service”).
THIS SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. YOU UNDERSTAND THAT BY ACCESSING, DOWNLOADING OR USING THE SERVICE, OPERATED BY BARGES TECHNOLOGIES, INC (“BARGES,” “US,” “WE,” OR “OUR”), YOU ARE SIGNIFYING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND ARE OTHERWISE CAPABLE OF FORMING LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW AND THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THESE ADVISOR TERMS AND CONDITIONS (THE “ADVISOR TERMS”) AND AGREE TO BE BOUND BY THEM.
NOTICE OF CLASS ACTION WAIVER AND ARBITRATION PROVISION: PLEASE NOTE THAT THESE ADVISOR TERMS INCLUDE A CLASS ACTION WAIVER AND A MANDATORY ARBITRATION PROVISION. OTHER THAN CERTAIN EXCEPTIONS, ANY DISPUTE, ACTION, CLAIM, OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE THE MUTUAL ARBITRATION PROVISION BELOW.
The terms and conditions below are in addition to the terms and condition contained in Our Terms of Use (“Terms of Use”) and limit our liability and obligations to You, as an Advisor, and allow Us to change, suspend or terminate your access to and use of the Platform at any time in Our sole discretion. It is your responsibility to read and agree to the following terms and conditions, along with any other policies on Our website including, but not limited to, Our Privacy Policy and Our Terms of Use BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE ADVISOR TERMS AS WELL AS ANY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN OUR TERMS OF USE AND OUR OTHER POLICIES AND AGREEMENTS THAT MAY APPLY TO YOU, INCLUDING, BUT NOT LIMITED TO INDEMNIFICATION, DISCLAIMERS, AND LIMITATIONS OF LIABILITY. This provision is further supplemented by Appendix A relating to Release of Liability.
THESE ADVISOR TERMS APPLY TO ALL ADVISORS WHO ACCESS OR USE THE SERVICE. You understand and agree that your access to and use of the Service is conditioned on your acceptance of and compliance with these Advisor Terms. If You disagree with any part of the Advisor Terms then You must not use or access the Service.
The Service is a psychic advice marketplace that brings advice-seekers and independent, psychic advisors (“Advisor(s)” or “You”) together through video, telephone, chat, and messaging. Advisors record their responses or respond in real time for telephone calls, live video or chat sessions, along with any optional text, and deliver it to the clients. If your client desires a live psychic reading via chat or telephone, You may invite them to try your services on Purple Garden, available at www.purplegarden.co, or on BitWine, available at www.bitwine.com.
To become an Advisor, You must first download the application and create an advisor profile. You will be required to submit your legal name, address, and telephone number so that We may identify You and contact You. You must also provide Us with your personal payable account information in order to receive payment through the Service. You must upload a photograph of yourself (other images, icons, or illustrations are not permitted), create a profile video and provide profile information to describe the types of services that You offer. Once You complete your profile, You will create and submit a sample reading for Us to review. After We receive your information and review your reading, You will be notified whether You have been accepted as an Advisor. We reserve the right to verify your identity and other background information at any time and You agree that You will provide Us with information to do so at Our reasonable request. You understand and agree that it is your responsibility to make sure that your profile is appropriate, and that all information that You provide is true, complete, up to date, and accurately reflects your credentials and is in compliance with all applicable laws and regulations.
By registering as an Advisor, You are not bound to continue to use the Service or to accept orders and provide readings for any length of time. You are free to use the Service when and how you choose, subject to the Advisor Terms. You may stop accepting orders for any period of time or stop using the Service all together for any reason or for no reason at all, provided that You fulfill outstanding orders and existing obligations.
If a client selects You to be their Advisor, You should receive a Platform notification and/or an email message. You must have push notifications enabled in order to receive them. We encourage You to log in often to see if You have any new orders. If You have a pending order, it will be contained in the “My Jobs” section of the app. We recommend that You respond as soon as You can to encourage repeat orders and positive client feedback. If You know that You will be unavailable to fulfill orders You may simply turn your availability status to “off” in the “My Jobs” screen and, provided that no clients were in the process of placing an order, no new orders will be received.
As You fulfill orders, keep in mind your clients will be able to provide feedback and reviews that will appear on your profile. Clients may edit their review for up to 2 weeks after it is entered and We do not remove or edit reviews except for extreme circumstances or to comply with Our Terms of Use.
We will not be liable for any delays or failures in your receipt of any push notifications or emails as delivery is subject to effective transmission from your network operator and processing by your mobile device. These services are provided on an AS IS, AS AVAILABLE basis.
You understand and agree that, as an Advisor and/or user of the Service, You are acting as an independent contractor and not as Our employee, agent, consultant or representative. You have exclusive control of the manner and means of giving your advice, subject to certain prohibited actions referenced below. As an Advisor, You do not have the right to enter into any contract on our behalf. Similarly, by your use of the Service, we are not establishing a partnership, franchise or joint venture between us. Under no circumstances shall You be considered Our employee. By using the Service, You represent and warrant that You have any and all permissions as may be required by federal, state, local, or international law, as applicable, to use the Service as an Advisor.
Charges for all interactions between Advisors and Members will be billed through the Advisor Platform. Purple Ocean will use reasonable efforts to process each Member’s chosen payment method for the amount agreed upon between Member and Advisor (subject to Purple Ocean’s fee structure below) within 7 business days of each transaction. Purple Ocean assesses a commission fee and a connection fee for each session in accordance with the Schedule of Fees and Payments described below:
The Connection Fee is based on the number of billable minutes as follows:
The Connection Fee is first applied when the session ends, and only if the total session cost to the user is greater than $0. Then the commission or platform fee of 64% is deducted from the remaining amount of the Member charge. Purple Ocean may modify the fees at any time upon notice and will use commercially reasonable efforts to provide advance notice. Administrative fees may apply for additional administrative function such as canceling checks or initiating wire transfers. Advisors are paid the net amount of the charge paid by the Member after deduction of all fees (including any applicable payment processing or other administrative fees disclosed in advance and assessed by Purple Ocean or any applicable payment processing service or provider).
Advisors will be paid each time that they timely fulfill an order for a reading. As an Advisor, You will receive all payments for fulfilling your orders through PayPal or a similar service to be chosen at Our sole discretion. Any revenue that You earn through Our service can be held for up to a period of fourteen (14) business days from the time that it is generated and there is a minimum withdrawal sum of $35. In the event that We receive a complaint about your service from a client and We find the complaint to have merit, We may choose to reverse the payment to your account and credit the client the amount paid for the order. In addition to reversing the payment to your account, depending on your behavior, You may be subject to disciplinary action in accordance with Our Advisor Terms. To withdraw money from your account, simply tap on the “Withdraw” button in the revenue screen of your account. Payment is usually deposited into your personal payable account within 2 to 4 days of your withdrawal request. If an order is placed, but You do not deliver the reading, the payment goes back to the client, You will receive zero compensation, and your account may be subject to suspension or termination.
Notwithstanding the foregoing, Barges reserves sole discretion, for any reason, to either withhold any amount due to You for completed orders or to reverse payments posted to your account.
If You fail to fulfill an order for any reason, the client’s order will be cancelled and your Advisor profile will no longer appear on the Service. You will be unable to accept any new orders until your profile is relisted. However, if for any reason You turn your availability off or You fail to fulfill an order and your profile is removed, You are still responsible for on time delivery of any orders that were pending prior to the change in status. In the event that You violate any of these Advisor Terms, the terms and conditions contained in Our other policies, or You fail to fulfill client orders, Barges retains sole discretion to either (i) suspend an Advisor’s account; (ii) take away or suspend your ability to enter earn bonus compensation through “Rush Delivery” mode; (iii) outright terminate your account; or (iv) take any other action We deem appropriate.
If You feel that your profile was wrongly removed, contact the support team and tell them why.
You, the Advisor, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made in connection with your use of the Service. We reserve the right to monitor all videos, messages, communications, and content to ensure that You are complying with these Advisor Terms, as well as the terms and conditions contained in our other policies. You understand and agree that all of your communications with clients must be exclusively carried out via the Service. If You fail to abide by this code of conduct, in addition to pursuing any and all other legal remedies available to Us, your account may be suspended or terminated at Our sole discretion.
When using the Service, the following guidelines are to be followed by all Advisors:
If We suspect that You have violated the Advisor Code of Conduct or have otherwise breached this Agreement, in addition to all other rights and remedies available to Us herein or by law, Barges reserves the right to withhold or reverse payments, levy fines, and/or suspend or terminate your account in its sole and absolute discretion.
All information disclosed to You as an Advisor by a client should be treated as private and confidential information. This information must not be shared, posted, or disclosed to any person (including other Advisors), entity, group, publication, forum, website, or any other place, whatsoever. You understand that your clients are not required to maintain confidentiality with regard to any advice that You provide to a client as an Advisor.
Any information or content that You post or transmit through the Service will not be considered your confidential information. You grant Barges an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis.
You also acknowledge that you will maintain compliance with the rules of GDPR (General Data Protection Regulation). This includes the following rights to which Clients are entitled:
This means that You are not to do anything that might infringe upon the Client’s privacy rights, including but not limited to:
The full text of the GDPR can be found here.
BY BEING AN ADVISOR ON PURPLE OCEAN AND/OR PURPLE GARDEN, YOU ACKNOWLEDGE THAT YOU ARE LIABLE FOR THE COMPLIANCE WITH THE RULES OF GDPR AS OUTLINED ABOVE. FAILURE TO COMPLY WITH THESE RULES MAY EXPOSE YOU TO MONETARY FINES OR OTHER PENALTIES BY EU AUTHORITIES, AS WELL AS TERMINATION OF YOUR PURPLE OCEAN ACCOUNT.
As an Advisor, You may be required to provide Us with completed tax forms as prescribed by law, such as a Form W-9 or Form W-8BEN. If so required, your failure to submit such forms may result in delay of payment to You and/or the termination of your account with Us. As applicable and if required by law, You will be sent a Form 1099 for You to comply with your income tax obligations. Remember, You are solely responsible for reporting, paying, and filing any and all income, taxes, and documents associated with any compensation You receive through your use of the Service.
You acknowledge and understand that, as an Advisor, You will be solely responsible and liable for any damages and/or claims suffered by or asserted by a client in connection with services that You provided.
IN THE EVENT OF YOU ARE INVOLVED IN A DISPUTE REGARDING ANY CLIENT OR TRANSACTION, YOU HEREBY RELEASE BARGES AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY’S FEES.
You agree to defend, indemnify and hold harmless Barges Technologies, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of or in connection with: (i) your use and access of the Service, by You or any person using your account and password, including, but not limited to, any interaction or communications with another user, client, advisor, or third party; (ii) a violation or breach of the Terms of Use, the Advisor Terms, or any other agreement that governs your use of the Service; (iv) a violation of any of your representations or warranties made to Us, (v) a violation of any law or the rights of any third party; or (vi) any user Content, third party content, third party sites and any other content posted on the Service.
In no event shall Barges, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any user, client, advisor, or third party on the Service; (iii) any Content obtained from or provided to the Service; (iv) reliance by any other person or entity on your recommendations or advice or the actions You take; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Barges is not responsible for (i) any Content or conduct, whether online or offline, made in connection with the Service, whether caused by visitors, users, Advisors, third parties and others; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communication lines failure, theft or destruction or unauthorized access to, or alteration of user communications or Advisor communications; (iii) any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion or downtime on the Service, including injury or damage to users or to any other person’s computer and/or mobile device; or (iv) any loss or damage, including personal injury or death, resulting from anyone’s use of the Service, any content posted or transmitted to users, or any interactions between users of the Service, whether online or offline. This provision is further supplemented by Appendix A relating to Release of Liability.
You expressly agree that these Advisor Terms and any dispute arising out of these Advisor Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in the Bergen County, New Jersey, for the resolution of any such dispute and You agree and submit to personal jurisdiction in such courts. In addition, you forever waive any argument or defense based on personal jurisdiction, venue, or forum non conveniens.
MUTUAL ARBITRATION PROVISION
1 Agreement to Arbitrate
BARGES TECHNOLOGIES, INC and you agree to enter into the arbitration agreement contained in this Arbitration Provision. This Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and evidences a transaction involving interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to these Terms of Use, your relationship with BARGES TECHNOLOGIES, INC or one of its affiliates, successors, subsidiaries, assigns, or parent companies (together, "BARGES TECHNOLOGIES, INC"), the termination of that relationship, or any other aspect of your relationship with BARGES TECHNOLOGIES, INC or any BARGES TECHNOLOGIES, INC Affiliate, regardless of such dispute's date of accrual, and this Arbitration Provision continues in effect after and survives the termination of any relationship between the parties.
2 How this Arbitration Provision Applies
Except as otherwise stated below, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or a forum other than arbitration, and you and BARGES TECHNOLOGIES, INC agree that any legal dispute or controversy covered by this Arbitration Provision, or arising out of, relating to, or concerning the validity, enforceability or breach of this Arbitration Provision, shall be resolved by binding arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures ("JAMS Rules") then in effect, to be held (unless the parties agree in writing otherwise) within 45 miles of where you last provided Services under these Terms of Use. The JAMS Rules are available online, free of charge, at www.jamsadr.com, or by searching for "JAMS Streamlined Arbitration Rules" using a service such as www.google.com or www.yahoo.com. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator. If the JAMS Rules are inconsistent with the terms of this Arbitration Provision, the terms of this Arbitration Provision shall govern.
By entering into this Arbitration Provision, you agree to arbitrate disputes with any entity or individual, and waive your right to have such disputes resolved by a trial by a jury or judge, arising out of or related to these Terms of Use, background checks, privacy, your relationship with BARGES TECHNOLOGIES, INC, the termination of that relationship, trade secrets, unfair competition, compensation, breaks and rest periods, retaliation, discrimination or harassment, defamation, slander and libel, claims arising under the Fair Credit Reporting Act, Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, California Labor Code, California Fair Employment and Housing Act, California Family Rights Act, Affordable Care Act, Genetic Information Non-Discrimination Act, city or state statutes or regulations addressing the same or similar subject matters, and all other federal or state legal claims arising out of or relating to this relationship, including, but not limited to, claims that may be asserted for any post-relationship conduct or time periods, such as defamation or retaliation.
3 Limitations on how this Arbitration Provision Applies
This Arbitration Provision does not apply to a representative action brought on behalf of others under the Private Attorneys General Act of 2004 ("PAGA"), California Labor Code § 2698, et seq., to the extent that such an action can only be brought by the state or its representatives, where any resulting judgment is binding on the state, and where any alleged monetary penalties largely go to state coffers.
This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits.
Either you or BARGES TECHNOLOGIES, INC may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief.
Regardless of any other terms of this Arbitration Provision, a claim may be brought before and remedies awarded by an administrative agency if applicable law permits the agency to prosecute or adjudicate the claim notwithstanding the existence of an agreement to arbitrate that is governed by the Federal Arbitration Act. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration.
This Arbitration Provision also does not apply to disputes between the parties that may not be subject to predispute arbitration agreement provided by an Act of Congress.
4 How Arbitration Proceedings are Conducted
In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. The statutes of limitations applicable to each claim or cause of action shall apply, and written notice of arbitration shall be initiated within the statute of limitations and other time limitations applicable to each claim or cause of action asserted. The Federal Rules of Evidence shall apply, except as modified by the arbitrator.
You and BARGES TECHNOLOGIES, INC agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective action basis ("Class Action Waiver"). The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis. Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes regarding the enforceability, revocability, or validity of this Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the dispute is filed as a class or collective action; and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Except as otherwise provided in Section 3 of this Mutual Arbitration Provision, and to the extent permitted by law, (i) you and BARGES TECHNOLOGIES, INC agree not to bring a representative action on behalf of others in arbitration; and (ii) for any claim brought on a private attorney general basis (i.e., where you are seeking to pursue a claim on behalf of a government entity) both you and BARGES TECHNOLOGIES, INC agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have been personally aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) ("PAGA Waiver"). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, the validity of the PAGA Waiver may be resolved only by a court of competent jurisdiction and not by an arbitrator. If any provision of the PAGA Waiver is found to be unenforceable or unlawful for any reason, (i) the unenforceable provision shall be severed from this Arbitration Provision; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Provision or the parties' attempt to arbitrate any remaining claims on an individual basis pursuant to the Arbitration Provision; and (iii) any representative action brought under PAGA on behalf of others must be litigated in a civil court of competent jurisdiction and not in arbitration.
5 Paying for the Arbitration
You and BARGES TECHNOLOGIES, INC shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. BARGES TECHNOLOGIES, INC otherwise shall pay all costs and expenses unique to arbitration, including without limitation the arbitrator's and/or arbitration fees.
Each party will pay the fees for his, her, or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law (e.g., a party prevails on a claim that provides for the award of reasonable attorneys' fees to the prevailing party).
6 The Arbitrator's Decision and Award.
The arbitrator must follow applicable law and may award any party any remedy to which that party is entitled under applicable law, but such remedies shall be limited to those that would be available to a party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The arbitrator's decision shall be final and binding upon the parties, must be in writing, and must contain the arbitrator's reasoning. Judgment may be entered on the arbitrator's decision in any court having jurisdiction.
7 Enforcement of this Arbitration Provision; Other Terms
Any party (including BARGES TECHNOLOGIES, INC Affiliates) to this Arbitration Provision may bring an action in a court of competent jurisdiction to compel arbitration under this Arbitration Provision, and to confirm, vacate, or enforce an arbitration award, with each party bearing its own attorneys' fees, costs and expenses in such court proceedings, subject to any remedies to which that party may later be entitled under applicable law. This Arbitration Provision replaces all prior agreements (if any) regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. Except as stated in Section 4 of this Mutual Arbitration Provision above, in the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.
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By clicking "I accept," you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of these Advisor Terms and specifically the Mutual Arbitration Provision, that you agree to be bound by the terms and conditions of these Advisor Terms, specifically including Mutual Arbitration Provision, and that you are legally competent to enter into these Arbitration Terms and the Mutual Arbitration Provision with BARGES TECHNOLOGIES, INC.
Appendix A
In addition to the general releases set forth under INDEMNIFICATION and LIMITATION OF LIABILITY, you further agree to waive any claims against BARGES TECHNOLOGIES, INC arising out of these Advisor Terms as supplemented below. In particular, You acknowledge and agree that:
In California:
You are releasing all rights under section 1542 of the California Civil Code, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.
In Montana:
You are releasing all rights under Montana Code Annotated Section 28-1-1602, which provides:
A general release does not extend to claims that the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which, if known by the creditor, must have materially affected the creditor's settlement with the debtor.
In North Dakota:
You expressly waive any and all rights that you may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to North Dakota Century Code Section 9-13-02, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in the creditor's favor at the time of executing the release, which if known by the creditor, must have materially affected the creditor's settlement with the debtor.
In South Dakota:
You expressly waive any and all rights that you may have under any state or local statute, executive order, regulation, common law and/or public policy relating to unknown claims, including but not limited to South Dakota Codified Laws Section 20-7-11, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
We reserve the right, at Our sole discretion, to modify or replace these Advisor Terms at any time. The latest Advisor Terms will be posted on Our website. It is your responsibility to review the latest Advisor Terms before You use the Service. Any changes to the dispute resolution provisions set out in the Mutual Arbitration Provision will not apply to any disputes for which the parties had actual notice before the date the change was posted on Our website. If You do not agree to the new Advisor Terms, please stop using the Service.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BARGES TECHNOLOGIES, INC. BY CLICKING ON THE “CONTINUE” OR “SAVE” BUTTON ON THE ADVISOR SIGNUP PAGE YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE ADVISOR TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE ADVISOR TERMS HEREOF.