Membership Agreement
THIS SERVICE IS FOR ADULTS ONLY (YOU MUST BE AT LEAST 18 YEARS OLD).
The Pal4pal.com service ("Pal4pal.com" or the "Service") is a way for adults to meet each
other online. Pal4pal.com is provided by Pal4pal.com, located at 14a Highland Circle Needham, MA 02494.
This is a legal agreement between you and Pal4pal.com. By registering for Pal4pal.com, you become
a member of the Service and you agree to be bound by these terms and conditions (the "Terms").
Modification
You agree that Pal4pal.com may amend or modify these Terms or impose new conditions at any time by
updating these Terms. Any use of the Services after such updating shall be deemed to constitute acceptance
of such amendments, modifications, or new conditions. Should you object to any such modifications to these
Terms or if you are dissatisfied with the Services at anytime or for any reason, your sole and exclusive remedy
is to discontinue using the Service.
International Users
The Service is offered from the operations of Pal4pal.com in the United States of America. Pal4pal.com
makes no representation that the Services are appropriate or available in other locations. If you access the
Service from other locations, you do so on your own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. As a member, you agree that Pal4pal.com may collect, use and
transfer your personal information as described in the Privacy Policy, including transfer outside the country
where you live.
Membership
MINORS MAY NOT BECOME MEMBERS. When you register, and from time to time thereafter, Pal4pal.com will
require that you provide sufficient information to indicate that you are at least 18 years old. By becoming
a member, you represent, and warrant that you are at least 18 years old. Your membership in the Pal4pal.com
service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Either you or Pal4pal.com may terminate your Pal4pal.com membership at any time, for any reason, effective upon sending written notice to the other party. Pal4pal.com reserves the right, without notice and in its sole discretion, to terminate or cancel your access rights to the Services immediately without notice. Pal4pal.com reserves the right at any time to modify or discontinue the Service and you agree that Pal4pal.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Online Conduct
You are solely responsible for the content, or information you publish or display on the Service, or
transmit to other members. You will not post on the Service, or transmit to other members, or employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal material, or any material that infringes or violates another party's rights
(including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the Service in a manner consistent with any and all applicable laws and regulations.
You will not include in your profile, any telephone numbers, street addresses, last names, URL's, e-mail
addresses, offensive anatomical, sexual references, or offensive sexually suggestive or connotative language,
and you will not post any photos containing nudity or personal information. Pal4pal.com reserves the right,
but has no obligation, to reject any profile or photo that does not comply with these prohibitions. You will not
engage in advertising to, or solicitation of, other members to buy or sell any products or services through the
Service. You will not transmit any chain letters, or junk e-mail to other members. You will not post, distribute,
or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights. You are solely responsible for your interactions with
other members. Pal4pal.com reserves the right, but has no obligation, to monitor disputes between you and other
members.
Indemnification
You will defend, indemnify, and hold harmless Pal4pal.com, its officers, directors, employees, agents and
third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to
or arising out of your use of the Service, including without limitation any breach by you of these Terms.
Online Content
Opinions, advice, statements, offers, or other information or content made available through the Pal4pal.com
service are those of their respective authors, and not of Pal4pal.com, and should not necessarily be relied upon.
Such authors are solely responsible for such content. Pal4pal.com does not guarantee the accuracy,
completeness, or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible
for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will
Pal4pal.com be responsible for any loss or damage resulting from anyone's reliance on information, or other
content posted on the Pal4pal.com service, or transmitted to Pal4pal.com members.
Personal Information
Pal4pal.com is not responsible for the use of any personal information that you may choose to disclose on the
Service. Please carefully select the type of information that you post on the Pal4pal.com service or release
to others. Pal4pal.com reserves the right, but has no obligation to monitor the materials posted in the public
areas of the Service. Pal4pal.com shall have the right to remove any such material that violates, or is alleged
to violate, the law or this agreement; however, you remain solely responsible for the content of the materials you
post in the public areas of the Service and your e-mail messages sent through the Service.
Proprietary Rights
Pal4pal.com owns and retains other proprietary rights in the Service. The Service contains the copyrighted
material, trademarks, and other proprietary information of Pal4pal.com, and its licensors. In addition,
other members may post copyrighted information, which has copyright protection whether or not it is identified
as copyrighted. Except for that information which is in the public domain, or for which you have been given
permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information. By posting information, a photograph or content to any public area of Pal4pal.com, you
automatically grant, represent, and warrant that you have the right to grant, to Pal4pal.com and other members
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and
distribute such information and content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the foregoing.
Complaints
To resolve a complaint regarding the Pal4pal.com service, you should first contact Pal4pal.com Customer
Support by using the form to the right.
Disclaimer of Warranties
Use of the Services is at your sole risk. All content and services provided by Pal4pal.com on the Services
is provided "as is" and on an "as available basis." Neither Pal4pal.com nor its affiliates, subsidiaries,
or designees nor each of their respective officers, directors, employees, agents, third-party content providers,
designers, contractors, distributors, merchants, advertisers, sponsors, licensors or the like
(collectively, "Affiliates") warrant that use of the Services will be uninterrupted or error-free. Neither
Pal4pal.com nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on
the Services. Pal4pal.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
In no event will Pal4pal.com be liable for any direct, incidental, consequential, or indirect damages
(including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute
services or service interruptions) arising out of the use of or inability to use the Service, even if
Pal4pal.com or its agents or representatives know or have been advised of the possibility of such
Pal4pal.com's liability to you for any cause whatsoever, and regardless of the form of the action, will
at all times be limited to the amount paid, if any, by you to Pal4pal.com. for the Service during the term
of membership. In addition, Pal4pal.com disclaims all liability, regardless of the form of action, for the acts
or omissions of other members or users (including unauthorized users) of the Service. Certain jurisdictions limit
the applicability of warranty, disclaimers, and limitations of liability so the above disclaimers of warranty and
limitations of liability may not apply to you.
Jurisdiction
These Terms are governed by the laws of the State of Massachusetts, without regard to rules generally applicable
to resolving conflicts of laws. You agree to both the exclusive jurisdiction and the exclusive venue of the
federal and state courts of Massachusetts, with respect to any claim or cause of action, whether in law or in
equity, arising under or relating to these Terms or use of the Service.
MANDATORY ARBITRATION TO RESOLVE DISPUTES
PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL ARBITRATE OUR
DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR
THE PROVISION OF SERVICES OR PRODUCTS TO YOU, INCLUDING ANY BILLING DISPUTES (CLAIM), SHALL BE SUBMITTED
TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). Arbitration will be conducted
under the AAA Rules and Supplemental Procedures for consumer-related disputes. You acknowledge that the Agreement
affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations
under the Agreement. Before instituting arbitration, you agree to provide us with an opportunity to resolve your
claim by sending a written description of your claim and negotiating with us in good faith regarding your claim.
If we are not able to resolve your claim within 30 days of receipt of your notice, then you may initiate
arbitration proceedings with the AAA, instead of suing in court.
CLASS ACTION WAIVER.
YOU MAY ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS
OR REPRESENTATIVE ACTION. IF AN ARBITRATOR DETERMINES THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR
REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU
AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS
COURT.