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TERMS OF SERVICE POLICY AGREEMENT AGREEMENT YOUR USE OF THE SOCIALANXIETYMATCH.COM SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. These Terms of Service form independent agreements between User and Social Anxiety Match, Inc. ("SocialAnxietyMatch.com"). (Names Social Anxiety Match, Inc. and SocialAnxietyMatch.com may be used interchangeably throughout this document.) The Parties shall be liable to the other for any breach of these Terms of Service, and User agrees that User’s sole recourse in case of such breach shall be against the breaching party. TERMS AND CONDITIONS You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply. SocialAnxietyMatch.com may modify or discontinue this Site and the services available at the Site without notice or liability to you. MEMBER CONDUCT You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service. You should carefully choose the information you post on SocialAnxietyMatch.com and that you provide to other members. Your SocialAnxietyMatch.com posted profile may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses. MEMBERSHIP ELIGIBILITY You must be eighteen years old or over to register as a member of or use this site. Our services are not available to individuals whose account has been temporarily or permanently suspended. If you do not qualify, please do not use our services. Further, your account and User ID may not be transferred or sold to another party. CONTENTS OF MESSAGES You are responsible for the contents of your messages and postings and the consequences of any such messages or postings. You agree that you will not use SocialAnxietyMatch.com for chain letters, junk mail, “spamming”, solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use SocialAnxietyMatch.com to send or post any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. SocialAnxietyMatch.com reserves the right to terminate User’s account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines. The information provided by other SocialAnxietyMatch.com members may contain inaccurate, inappropriate or offensive material, products or services for which SocialAnxietyMatch.com assumes no responsibility or liability. FEES/TERMINATION SocialAnxietyMatch.com reserves the right to change fees at any time, for any reason at its sole discretion. Furthermore, SocialAnxietyMatch.com reserves the right to terminate your membership at any time, for any reason, at its sole discretion. Should SocialAnxietyMatch.com terminate your membership due to your violation of any part of this Agreement, SocialAnxietyMatch.com shall not refund any unused membership fee paid by you. PAYMENT TERMS An acceptance by SocialAnxietyMatch.com of any partial payment is not a waiver by SocialAnxietyMatch.com of the remainder of the amount (including interest, if any) due. SocialAnxietyMatch.com shall not refund any money, for any reason. ACCOUNT AND PASSWORD You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify SocialAnxietyMatch.com of any unauthorized use of your account. RELEASE By using the SocialAnxietyMatch.com website or it’s functions, or by participating in any on-line or off-line SocialAnxietyMatch.com event, you agree to release and hold SocialAnxietyMatch.com harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your use of or participation in any such SocialAnxietyMatch.com website, function, or event. LINKS The links on the SocialAnxietyMatch.com Web Site may let you leave the SocialAnxietyMatch.com website. You acknowledge that the linked sites are not under the control of SocialAnxietyMatch.com and SocialAnxietyMatch.com is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. SocialAnxietyMatch.com is not responsible for web casting or any other form of transmission received from any linked site. SocialAnxietyMatch.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SocialAnxietyMatch.com of the linked site or any association with their operators. UNLAWFUL OR PROHIBITED USE As a condition of your use of the SocialAnxietyMatch.com website you warrant to SocialAnxietyMatch.com that you will not use the SocialAnxietyMatch.com website for any unlawful purpose. DISCLAIMER This website is designed for social and recreational purposes only and should not be relied upon for medical, psychological or psychiatric purposes. Please consult with your physician and/or mental health professional regarding any decisions involving your physical or mental health. Please consult a mental health professional regarding and prior to any decision to use this website. MEMBER DISPUTES SocialAnxietyMatch.com does not control the information provided by other users that are made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other SocialAnxietyMatch.com members. Because it is not involved in member interactions, you release SocialAnxietyMatch.com, its officers, directors, agents, subsidiaries and employees, from claim demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you may have with one or more members of the SocialAnxietyMatch.com site. RIGHTS GRANTED TO SOCIALANXIETYMATCH.COM By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the SocialAnxietyMatch.com website, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant SocialAnxietyMatch.com the licenses set forth below. You hereby grant SocialAnxietyMatch.com and its affiliated companies permission to:
The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to SocialAnxietyMatch.com’s or its sub-licensee’s use of the materials contained within such communication. SocialAnxietyMatch.com is under no obligation to post or use any materials you may provide, and may remove such materials at any time in SocialAnxietyMatch.com’s sole discretion. RELATIONSHIP OF THE PARTIES Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY THE SOCIALANXIETYMATCH.COM SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOCIALANXIETYMATCH.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SOCIALANXIETYMATCH.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SOCIALANXIETYMATCH.COM, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SOCIALANXIETYMATCH.COM, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOCIALANXIETYMATCH.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE SOCIALANXIETYMATCH.COM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SOCIALANXIETYMATCH.COM RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT SOCIALANXIETYMATCH.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM SOCIALANXIETYMATCH.COM AND ITS AFFILIATES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) FIVE HUNDRED DOLLARS ($500). THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. COPYRIGHT AND TRADEMARKS All contents of the SocialAnxietyMatch.com Web Site are proprietary to SocialAnxietyMatch.com, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. SocialAnxietyMatch.com reserves any rights not expressly granted herein. PROMOTIONAL MESSAGES SocialAnxietyMatch.com and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc. Such e-mail will be sent to mailbox(es) as submitted by User upon sign up. SocialAnxietyMatch.com does not make any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that SocialAnxietyMatch.com shall not have any liability with respect thereto. GOVERNING LAW California law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of California or to any Federal Court located within the State of California. ARBITRATION Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California, as the parties to this agreement agree to be governed by the laws of California. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in California necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney’s fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of California with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to one thousand ($1000) dollars. SEVERABILITY If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. SURVIVABILITY The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment. INDEMNIFICATION You agree to defend, indemnify and hold harmless SocialAnxietyMatch.com against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys’ fees) arising from your violation of these Terms and Conditions or any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with SocialAnxietyMatch.com. FORCE MAJEURE If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of SocialAnxietyMatch.com, SocialAnxietyMatch.com is unable to perform in whole or in part its obligations as set forth in this Agreement, then SocialAnxietyMatch.com shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make SocialAnxietyMatch.com liable to User. HEADINGS Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action. ASSIGNMENT In the event of a merger or consolidation of SocialAnxietyMatch.com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement. ENTIRE AGREEMENT Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto. MODIFICATION OF TERMS SocialAnxietyMatch.com reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the SocialAnxietyMatch.com website. You are responsible for regularly reviewing these documents. Continued use of the SocialAnxietyMatch.com website after any such changes shall constitute your consent to such changes. SocialAnxietyMatch.com does not and will not assume any obligation to notify you of any changes to the Terms of Service.
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