Terms and Conditions
Effective Date: 8/27/02
Last Modified: 8/06/08
1. Preliminary Provisions:
Introduction - Welcome to our website's Terms
and Conditions (hereinafter "T&C's" of "Agreement"). The provisions of
this Agreement will govern your use of our website, and you should therefore
take some time to read it carefully. Our website is different from many other
sites on the Internet as it contains advertisements, communications and links
posted by independent third parties, over which we exert no control. We do not
get involved in any disputes that may develop between our advertisers and
others, and we do not facilitate communication between third parties. Therefore,
you are urged to use your own good judgment and common sense when responding to
such advertisements, as we are not responsible for any interactions occurring
between our Users and our advertisers. Federal law protects sites like ours
from civil claims, so we encourage you to independently research any
information found in our Advertisements, before making any decisions. We hope
that you thoroughly enjoy our services, and anticipate that you will find our
site useful and informative. Should you have any questions or comments
regarding our website, or its policies, please feel free to contact us by
clicking the "Support" link at the bottom of this page.
Additionally, through the use of these Terms and Conditions, we are
placing legal conditions on your use of this website (www.collarme.com, hereinafter the
"Website"), and making certain promises to you.
"We," are the service
provider of www.collarme.com and various other websites (collectively referred to as our "Network"). It
should be obvious, but for the sake of legal clarity, when this Agreement
uses first-person pronouns such as "us," "we," "our," "ours," etc., those
first-person pronouns are referring to us as the service provider for
"You," the User - As a User of this Website, this Agreement
will refer to the User as "You" or through any second-person pronouns,
such as "Yours," etc. Hereinafter, the User of the Website shall be
referred to in applicable second-person pronouns.
When the term "Website" is used in this set of T&C's, it means www.collarme.com. unless the Agreement
specifically says otherwise.
Consideration - Consideration for Your acquiescence to all of
the provisions in this Agreement has been provided to You in the form of
allowing You to use Our Website and Our Services. You agree that such
Consideration is both adequate, and that it is received upon Your viewing or
downloading any portion of Our Website.
Our first condition is that you must agree to all of the
conditions in this set of Terms and Conditions of use. You do not need
to use our Website, therefore if you do not wish to be bound by each and every
provision in this Agreement, then you are not welcome to use this Website and
should leave and use another service.
You may not unilaterally disregard any portion of this Agreement. However,
if there is a particular portion of this Agreement that You wish to avoid, You
may contact Us to negotiate a separate agreement BEFORE You use the Website. We
do not guarantee that such negotiations will be successful. Nevertheless, if
you wish to discuss your own personalized Agreement, please contact us or have
your attorney do so.
If you do not understand all of the terms in this Website, then you
should consult with a lawyer before using the Website.
This Website is for adults only. If You are under the age of
eighteen (18), You are not to use this Website at all.
Revisions to this Agreement
From time to time, We may revise this Agreement. We reserve the
right to do so, and You specifically agree that We have this
unilateral right. You agree that all modifications or changes to this
Agreement are in force immediately upon posting. The updated or edited
version supersedes any prior versions immediately upon posting, and the
prior version is of no continuing legal effect.
If We change anything in this Agreement, We will change the "last modified
date" at the top of this Agreement. You agree to re-visit this web page on
a weekly basis, and to use the "refresh" button on Your browser when
doing so. Upon each visit, You agree to note the date of the last
revision to this Agreement. If the "last modified" date remains unchanged
from the last time You reviewed this Agreement, then You may presume
that nothing in the Agreement has been changed since the last time You read
it. If the "last modified" date has changed, then You can be certain
that something in the Agreement has been changed, and You agree that You will
re-review the Agreement in its entirety and that You will agree to its
terms or immediately cease use of any Websites in Our Network.
Waiver - if You fail to re-review this Agreement as required
to determine if any of the terms have changed, You assume all
responsibility for such omissions and You agree that such failure
amounts to Your affirmative waiver of Your right to review the amended
terms. We are not responsible for Your neglect of Your legal rights.
2. Acceptance and Affirmation
You must agree to all of the terms in this Agreement before using
the Website or Our services.
How You can and will demonstrate Your affirmative acceptance of all
of the terms in this Agreement:
You click any link, button, or other device, provided to You in any part of
Our Website's interface, then You have legally agreed to all of these T&C's;
using any of Our services in any manner, You understand and agree that We will
consider any use of Our Website as Your affirmation of Your complete and unconditional
acceptance of all of the terms in this Agreement.
provided and not provided
The Website provides a forum through which adults may seek and
establish personal contact with one another through the use of the Website's
capabilities for displaying photographs and written materials provided by its
members. The Website contains images and content, including but not limited to
text, images, messages, and other information. All Materials displayed on the
Website are protected by the First Amendment rights to Free Speech, Free
Expression, Freedom of Association and Freedom of the Press, and parallel
provisions of state constitutions. The Website is dedicated to assisting
like-minded individuals locate, and communicate with, each other. We are not
responsible for the content of communications, statements, opinions, posting or
other information placed on the Website by third parties, via any discussion
board, forum, or public area of the Website. Such information is intended to
be protected by the immunity provided by Section 230 of the Communications
Decency Act ("CDA") which immunizes this Website, and its agents and employees,
from any claims relating to the content of information posted by third
parties. We do not act as a censor of such material. You acknowledge that the
Website may offer online content that could be deemed "adult," "offensive," or
"erotic" in nature. While We may choose to remove content that is identified
as illegal, is stolen, or which violates Our policies, We do not edit, review,
or change posts made by third parties prior to the information appearing
We do not provide advice, screening, background checks, warranties,
guarantees, or information about members. All information about members is
provided by the members themselves.
We do not accept responsibility for any information provided by Our
members. You understand that member-provided information may be inaccurate,
false, or incomplete. By using the Website, You understand and accept that
information presented in other members' profiles may be false, misleading,
inaccurate, or incomplete, and that the Website has no responsibility or
control over verifying member-provided information.
The Website does not pre-approve any of its members or users, prior
to their use of the Website. It is Your responsibility to properly investigate
the background, personality, criminal history, financial condition, or any
other relevant factor affecting Your potential compatibility with any other
member or user, prior to communicating with, or meeting such person. Most
importantly, USE COMMON SENSE! Do not provide any personal information to
individuals who may misuse that information to Your detriment. While the
Website provides a venue for the exchange of information, ideas and emotion, it
does not act as a guarantor of the accuracy of such information, and all
users/members are encouraged to approach the veracity of any communications
occurring on the Website with a healthy skepticism.
In light of the above, You hereby discharge, acquit, and otherwise
release the Website, its parent corporation, its agents, employees, officers,
directors, shareholders, attorneys, and affiliates, from any and all
allegations, counts, charges, debts, causes of action, and claims relating in
any way to the use of, or activities relating to the use of, the Website
including, but not limited to claims relating to the following:
Harassment, Copyright Infringement, Negligence, Gross Negligence,
Reckless Conduct, Alienation of Affections (to the extent recognized in
any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference
with Contract or Advantageous Business Relationship, Defamation, Statutory
Rape, Invasion of Privacy, and Misrepresentation or any claim based on Vicarious
Liability for Torts committed by individuals met on or through the Website,
including but not limited to fraud, assault, battery, stalking, rape, theft, cheating,
perjury, manslaughter, or murder.
above list is intended to be illustrative only, and not exhaustive of the types
or categories of claims released by You. This release is intended by the parties
to be interpreted broadly in favor of the Website, and thus any ambiguity shall
be interpreted in a manner providing release of the broadest claims. This release
is intended to be a full release of claims, and the parties acknowledge the legally
binding nature of this provision, and the nature of the rights given up in connection
You acknowledge that You are aware of the nature of the Materials and
content on Our Website, that You are not offended by such Materials and that
You access the Website freely, voluntarily and willingly. You also acknowledge
that this Website is intended to contain only images protected by the First
Amendment to the United States Constitution. If You are seeking information
regarding illegal activities, please leave this Website immediately. You are
further aware of the community standards of Your community, and You will only
access the content on the Website if you believe, upon diligent investigation,
that the content on the Website does not offend the community standards
prevalent in Your community. You further agree not to use or access the
Website if doing so would violate the laws of Your state, province or country.
Terms, Limitations & Conditions:
Age of Majority: You represent and warrant You are at least 18
years of age, and that You have the legal capacity to enter into this
Agreement. If you are not at least 18 years of age, You must exit the Website
immediately and may not use or access the Website or print or download any
Materials from Our Website. You may be asked to verify Your birth date on the
Birth Date Verifier(TM) form as a condition of entry onto the Website, pursuant to
28 U.S.C. §1746. You agree not to bypass any security and/or access feature on
this Website. Additionally, the Website does not assume any responsibility or
liability for any misrepresentations regarding a user's age.
Membership: Membership may not be assigned, transferred, or sold to
a third party. The Website and its affiliates disclaim any and all liability
arising from fraudulent entry and use of the Website. If a user fraudulently
obtains access, the Website may terminate membership immediately and take all
necessary and appropriate actions under applicable federal, state, and
No Illegal Conduct Allowed: You will not use the Website in any
manner inconsistent with any applicable laws or regulations. You may not
include any personally-identifying information such as phone numbers, street
addresses, Web site addresses, email addresses, Instant Messenger screen names,
or any other information that if provided may be used to circumvent the
Website's communication capabilities. You may not use the Website to advertise
products or services, nor may You use the Website in order to solicit products
or services, unless otherwise permitted by collarme.com.
Email: A key component of the services provided by the Website is
email communication sent from Us or through Us to You. By initiating
membership, You specifically and explicitly agree to accept, and You consent to
receiving commercial and personal email messages sent from Us or sent by other
members through Our services. These messages may include emails from other
members seeking contact, emails from the Website, emails from the Website
regarding potential matches, and emails from the Website regarding promotions,
events, and other commercial enterprises that may be part of the services
provided by the Website or that constitute advertisements of other services
provided by the Website or its parent corporation, subsidiaries, or partners.
You specifically agree to accept all bulk commercial email that may
be sent by the Website, its principals, Affiliates, assigns, successors, parent
company, or other persons or corporations acting in conjunction with Us. If
You commence membership You are hereby deemed to be engaging in a business
relationship with Us. Such business relationships shall permit Us to send You
unsolicited email for the purpose of promoting services provided by Our Website
or other services as may be offered from time to time by the Website, its
parent corporation, subsidiaries, or partners. Cancellation of Your account or
other business relationships with Us shall not be deemed to terminate Our
relationship with You with respect to the provision of unsolicited commercial
email. This business relationship is specifically deemed to continue
indefinitely until explicitly terminated by You.
You may become a member of the Website by completing an online registration
form. In connection with completing the online registration form, You agree
true, accurate, current and complete information about Yourself as prompted
by the registration form (such information being the "Registration Data"); and
and promptly update the Registration Data to keep it true, accurate,
current and complete at all times while You are a member. You must promptly
inform Website of all changes, including, but not limited to, changes in Your
If you provide any information that is untrue, inaccurate, not
current or incomplete, or Website or any of its authorized agents have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Website has the right to suspend or terminate Your
account and refuse any and all current or future use of the Website, as well as
subjecting You to criminal and civil liability.
In connection with completing the online registration form, You
agree NOT to register a person other than Yourself, without that person's
written permission. If You register a third party without their written
consent, You stipulate to liquidated damages of $50,000.00 per such violation,
and You agree to pay any and all fees incurred in the recovery of this amount,
including attorneys' fees and all associated costs. We expressly reserve the
right, and You stipulate, that We may assign the rights to sue for these
liquidated damages to any third party claiming injury by such violation.
Member Account, Password, and Security: As part of the registration
process, You will be issued a unique user name and password which You must
provide in order to gain access to the non-public portion of the Website. You
certify that when asked to choose a username You will not choose a name which
may falsely represent You as somebody else or a name which may otherwise be in
violation of the rights of a third party.
reserve the right to disallow the use of usernames that We, at Our sole discretion,
deem inappropriate. We reserve the right to cancel, at any time, the membership
of any member who uses their selected username in violation of these Terms
and Conditions or in any other way We, in Our sole discretion, deem inappropriate.
membership, user ID, and password are nontransferable and non-assignable.
represent and warrant that You will not disclose Your unique user name and
password to any other person and that You will not provide access to the
Website to anyone who is below the age of majority in Your state, province, or
country, or who otherwise is not eligible to view the content on the Website.
are solely responsible for maintaining the confidentiality of Your user name
and password and are fully responsible for all activities that occur under Your
user name and password. Our Website will not release Your password for security
additional password and account security, You agree to:
Notify the Website of any unauthorized use of Your user name and password or
any other breach of security using the "Support" link at the bottom of this page."
that You exit from Your account at the end of each session. You are liable and
responsible for any unauthorized use of the Website until you notify the Website
by email regarding that unauthorized use. Unauthorized access to the Website
is illegal and a breach of this Agreement. You indemnify the Website against
all activities conducted through Your account.
5. Special Considerations Regarding Minors
Age of Majority. In order to use the Website or any services
provided by Us, You must have attained the age of majority in your
jurisdiction. You represent and warrant that You are at least eighteen (18) or
twenty-one (21) years of age, depending on the age of majority in Your
jurisdiction, and that You have the legal capacity to enter into this
were asked to verify Your birth date on the Birth Date Verifier(TM) form as a
condition of entry onto certain areas of the Website containing adult content,
pursuant to 28 U.S.C. § 1746. Accordingly, if You provided incorrect information
on the Birth Date Verifier(TM) page, You committed an act of perjury, this
perjury was recorded, and this perjury may (and will) be used against You in any
court proceeding or other tribunal of any kind.
specifically disclaim any responsibility or liability for any misrepresentations
regarding a User's age.
represent and warrant that You will not allow any minor access to this Website.
Users should implement parental control protections, such as
computer hardware, software, or filtering services, which may help users to
limit minors' access to harmful material. You acknowledge that if Your computer
can be accessed by a minor, that You will take all precautions to keep Our
Materials from being viewed by minors. You additionally acknowledge that
if You are a parent, it is Your responsibility, and not Ours, to keep Our
erotic content from being displayed to Your children or wards.
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO
TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC,
OR SIMILAR RELATED ACTIVITY.
depictions of all persons on Our Website are of persons over the age of
eighteen (18) as of the date of the production of the depiction. We take
great measures to ensure that no underage models appear in any of Our materials.
You seek any form of child pornography (including so-called "virtual" child
pornography), You must exit this Website immediately. We do not
provide this kind of material and We do not tolerate those who provide this
kind of material nor do we tolerate consumers of this kind of material.
order to further Our zero-tolerance policy, You agree to report any images
which You have reason to believe depict minors on Our Website by clicking
the 'Support' link at the bottom of this page.
with Your report any appropriate evidence, including the date and time of
identification. All reports will be investigated and the appropriate
action will be taken based upon Our reasonable ability to verify the evidence
enthusiastically cooperate with any law-enforcement agency investigating child
pornography. If You suspect other outside websites are participating in
unlawful activities involving minors, please report them to http://www.asacp.org.
Our Website contains images and content, including but not limited
to text, software, images, graphics, data, messages, and other information
You acknowledge and stipulate that all of the Materials are
expressive content that is fully protected by the First Amendment to the United
You acknowledge and understand that some of the Materials contain
graphic visual depictions of sexual activity and nudity, graphic audio portions
of the same kind of content, and descriptions of sexually oriented and sexually
explicit activities. You acknowledge that You are aware of the nature of the
Materials provided by Our Website and that You are not offended by such
Materials, and to the contrary, that You are accessing this Website
specifically because You enjoy such expressive content and You wish to view
such Materials. You stipulate that you access this Website freely,
voluntarily, and willingly, and for Your own personal enjoyment.
You agree not to use or access the Website if doing so would violate
the laws of Your state, province, or country.
In the event that any court finds that any third party communication
or third party content on Our Website falls outside of the realm of Section 230
of the Communications Decency Act ("CDA"), this shall not be deemed to be a
waiver of any legal protections provided by CDA§ 230 for any and all other
content posted on Our Website.
7. Restrictions on Use of Website
You agree that You will only use the Website for purposes expressly
permitted and contemplated by this Agreement. You may not use the Website for
any other purposes without Our express prior written consent.
Without Our express prior written authorization, You may not:
any part of the Webite or the materials contained therein (except as
expressly provided elsewhere in this Agreement);
or create any derivative works based on the Website or any of the materials
contained therein. You agree that any such use is NOT "fair use";
the Website or any of the materials contained therein for any public display,
public performance, sale or rental, and You hereby agree and stipulate that
any and all such uses are NOT "fair use";
any copyright or other proprietary notices from the Website or any
of the Materials contained therein;
any encryption or other security tools used anywhere on the Website
(including the theft of user names and passwords or using another person's
user name and password in order to gain access to a restricted area of the Website);
Acceptable Use Policy: You agree and understand that Our
Website permits You to use Our services in order to post content and to
communicate with other Users. We are entitled to investigate and terminate
Your membership if You have misused the Website, or behaved in a way which
could be regarded as inappropriate, unlawful, or illegal. The following is a
partial, but not exhaustive, list of the types of actions that are illegal or
prohibited under this Agreement.
harmful, threatening, abusive, harassing, defamatory, invasive of another's
privacy or right to publicity, or harmful to minors in any way, shape, or
content or information that might be considered to be impersonating another
person or legal entity;
posts with personally identifying information about another person without
that person's prior explicit consent;
content or information that constitutes SPAM or bulk posting of commercial
advertisements for commercial interests;
content or information that infringes upon any trademark, copyright,
or other intellectual property rights of any party;
also agree to immediately cease and desist from any contact with any person
who so requests such cessation;
will not "stalk" or otherwise harass any person, and if any member or other
person requests that You cease communications with them, at any time, for any
reason, You will immediately comply with said request. Further, You stipulate
to liquidated damages of $50,000.00 per such violation, and You agree to
pay any and all fees incurred in the recovery of this amount, including attorneys'
fees and all associated costs. We expressly reserve the right, and You stipulate,
that We may assign the rights to sue for these liquidated damages to any third
party, including the party stalked or otherwise harassed by such violation.
will not post on this Website any private information such as address, phone
number or any other private identifying information, about anyone other than
Yourself, without first obtaining that person's written consent. Further, You stipulate
to liquidated damages of $50,000.00 per such violation, and You agree to
pay any and all fees incurred in the recovery of this amount, including attorneys'
fees and all associated costs. We expressly reserve the right, and You stipulate,
that We may assign the rights to sue for these liquidated damages to any third
party, including the party claiming injury by such violation.
agree that You will not use Our services in order to collect any personal
data about other users;
7.3.10. You agree that You will
not use Our services in order to conduct any illegal activities at all;
7.3.11. You agree that You will
not use Our services in order to view, transmit, traffic in, or in
any other way interact with, provide to any other person, or receive child
pornography in any way;
7.3.12. You will not use Your
profile or any other portion of the Website or Our services to
promote any other business enterprise, unless otherwise permitted by collarme.com,
nor will you attempt to use any of Our services to promote an escort
service, prostitution, web-cams, or any other form of related enterprise;
7.3.13. You agree that You will
not use Our services in order to view, transmit, traffic in, or in
any other way interact with, provide to any other person, or receive obscene
materials in any way;
7.3.14. You agree that You will
not use Our services in order to view, transmit, traffic in, or in
any other way interact with, provide to any other person, or receive drugs
or other illegal substances in any way;
7.3.15. You will not impersonate
any person or entity, and will accurately represent Your gender in
Your profile communications;
SPAM Prohibition: You agree not to use any facilities or
capabilities of the Website to solicit the performance of any activity that is
prohibited by the CAN-SPAM Act dealing with illegal distribution of unsolicited
commercial bulk e-mail ("UCBE"), commonly known as "spam," nor shall members
forge or use without authorization any mail header information from any
source. Members agree to the Website's Spam Policy
which is hereby incorporated
by reference. Any breach of the Website's Spam Policy will result in immediate
termination of Your account, and the immediate provision of Your identity and
contact information to the Federal Trade Commission and any other applicable
law enforcement agencies.
If We determine that You or any User has used Our services in
violation of any law, Your ability to use the Website may be terminated
immediately and We have every right to voluntarily cooperate with law
enforcement or private aggrieved parties that We may be legally compelled to do
so. We hereby disclaim any liability for damages that may arise from any User
providing any services for any purpose that violates any law. You do hereby
agree to defend, indemnify and hold Us harmless from any liability that may
arise for Us should You violate any law.
You also agree to defend and indemnify Us should any third party be
harmed by Your actions or should We be obligated to defend any claims
including, without limitation, any criminal or civil action brought by any
Our Website contains material that may be offensive to third
parties. You agree to indemnify and hold Us harmless from any liability that
may arise from someone viewing such material and You agree to cease review of
the Website should You find it offensive.
You agree to defend, indemnify, and hold harmless our company, its
officers, directors, shareholders, employees, independent contractors,
telecommunication providers, and agents, from and against any and all claims,
actions, loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly, indirectly,
and/or consequentially resulting or allegedly resulting from Your (or You under
another person's authority - including without limitation to governmental
agencies) use, misuse, or inability to use the Website or any of the Materials
contained therein, or Your breach of any part of this Agreement. We shall
promptly notify You by electronic mail of any such claim or suit, and cooperate
fully (at Your expense) in the defense of such claim or suit. We reserve the
right to participate in the defense of such claim or defense at Our own
expense, and choose Our own legal counsel; however, We are not obligated to do
Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. §
230(c)(1), and court decisions interpreting the scope of the CDA, You
acknowledge and understand that We operate, through the Website, as an
interactive computer service provider. Thus, We are immune from, and
cannot be held responsible for, claims arising from the publication of
third-party content (including third-party User content), appearing on the Website.
We do not create such content, and We are not responsible for the publication
or remarks of third-parties that may arguably rise to the level of being
actionable under federal or state laws including, but not limited to, the
publication of material that might be considered defamatory, or violative of
privacy or publicity rights. Note that federal law allows Us to remove any
content found to be offensive, defamatory, obscene or otherwise violative of Our
policies, without impacting Our status as a computer service provider.
Nothing contained in this paragraph is intended to limit or alter the immunity
from claims provided by Section 230 of the Communications Decency Act.
Collarme.com and the aforementioned name of the Website are Our service
mark(s) and/or trademark(s).
Other companies' product and service names referenced herein may be
trademarks and service marks of their respective companies and are the
exclusive property of such respective owners, and may not be used publicly
without the express written consent of the owners and/or holders of such
trademarks and service marks.
Copyright - This Website belongs to Us, and we either own
or have rights to display all of the materials thereupon. You may not use any
of Our materials without Our express written consent.
Photographs - In order to promote Your profile,
You may upload photographs of Yourself. The content of these pictures may be
at Your discretion, as long as they do not violate any of the other terms of
this Agreement. However, collarme.com reserves the right to reject any image,
at any time, for any reason.
uploading any photographs of Yourself, You hereby swear that You own
or control all intellectual property rights with respect to the uploaded photographs;
hereby irrevocably grant a non-exclusive right and license to the Website
Transmit, communicate, display, or distribute the photographs, on or as part of
the Website, on other Internet sites, or elsewhere, for promotional or
commercial purposes, by means of any technology, whether now known or hereafter
to become known;
Your pictures in digital form of display on the Internet (alone or in
combination with other works, including, but not limited to, text, data,
images, photographs, illustrations, animation, graphics, video, or audio
segments, and hypertext links);
modify, or alter Your photographs or otherwise create derivative works based
upon Your photographs; and for all other reasonable promotional or commercial
uses either as part of the operation of the Website, or as a promotion or
operation of any derivative or related businesses.
10. Limitation of Liability
In no event shall We (or Our licensors, agents, suppliers,
resellers, service providers, or any other subscribers or suppliers) be liable
to You, or any other third party for any direct, special, indirect, incidental,
consequential, exemplary, or punitive damages, including without limitation,
damages for loss of profits, loss of information, business interruption,
revenue, or goodwill, which may arise from any person's use, misuse, or
inability to use the Website or any of the Materials contained therein, even if
We have been advised of the probability of such damages. This is for any matter
arising out of or relating to this Agreement, whether such liability is
asserted on the basis of contract, tort or otherwise, even if We have been advised
of the possibility of such damages.
In no event shall Our maximum total aggregate liability hereunder
for direct damages exceed the total fees actually paid by You for use of a Website
for a period of no more than one (1) month from the accrual of the applicable
cause or causes of action. Because some jurisdictions prohibit the exclusion
or limitation of liability for consequential or incidental damages, the above
limitation may not apply to You.
Or Invasive Material Policy:
We provide an interactive computer service, and thus we have no
liability for user-posted content due to Section 230 of the CDA. Nevertheless,
we recognize that despite this protection, there may occasionally be content
posted by Our Users that is unappreciated by the subject of the User-posted
content. It is not Our intention to cause anguish to any person nor harm to any
entity, nor to allow through inaction such harm to occur. Accordingly, it is Our
policy to respond respectfully to any complaints about User posted content, or
about content that We might have provided.
If you feel damaged by any User-posted content, or content provided
by Us, We agree to take reasonable measures to comply with any reasonable
requests. Even if You are a public official, public figure, or libel-proof
person, We do care about Your feelings and reputation. Therefore, We have
instituted this Policy.
You agree that if You have any complaint about any content on Our
Website, including (but not limited to) a complaint or claim of defamation
(libel or slander), invasion of privacy, false light, trademark infringement,
right of publicity claims, or any related or similar tort, that You will
provide notice to Us by mail or fax to:
c/o The Tate Law Firm PLCC
1301 West Colonial Drive
Orlando, Florida 32804
Fax: (352) 275-5011
You agree that We shall have ten (10) business days after RECEIPT of
said notice to evaluate Your concerns.
After evaluating Your concerns, We will either inform You that We do
not believe Your concern is valid, or We will request Your preference regarding
an opportunity to cure Your concerns. This cure may include one of the
11.5.1. We may offer to delete
the offending material.
11.5.2. We may offer to modify
the offending material.
11.5.3. We may offer You the
opportunity to publish a rebuttal to the offending material.
11.5.4. We will engage You and
seek any other alternative resolution that will mitigate Your damaged legal
interests - whether or not We are legally required to do so.
11.5.5. We may provide You with
some or all identifying information We may have about the actual culprit (if
the content was User-posted), but We are under no obligation to do so,
and expressly reserve the right not to.
You acknowledge and agree that upon transmission of Your complaint
to Us, You will be considered to have engaged in settlement discussions with Us,
and neither party will initiate formal legal action while non-adversarial
resolution is in progress. You agree that You will not file suit unless and
until We issue a statement to You that We have taken Our final action, and that
no further action will be taken without adversarial proceedings. At that point,
You may proceed with arbitration as provided for under this Agreement.
You acknowledge that once You accept any of Our offers of non
adversarial resolution, that You irrevocably waive any and all possible claims
for any allegedly offending material on Our Website and that if You do bring
any action against Us that You hereby stipulate that You will bear Your own
costs and fees incurred in the action, regardless of the outcome of that
action, and that You stipulate that Your damages will be limited to $1, and no
more, and that You hereby acknowledge that such amount of $1 is sufficient and
You understand that no part of this Agreement obligates Us to go
beyond that required by law, and this Agreement is in place for Your
convenience. If We believe that Your requests are unreasonable, We reserve
every right to terminate discussions with or file suit against You to recover
any legal fees incurred due to harassing or unreasonable requests.
Voluntary: Closing your account
voluntarily is accomplished by clicking on "My Account" on the main menu and then clicking on the "Close Account" button.
Involuntary: Without limiting other remedies, the
Website may immediately issue a warning, temporarily suspend, indefinitely
suspend, or terminate Your access and use of the Website and refuse to provide
Our services to You at any time, with or without advance notice, if:
12.2.1. We believe that You
have breached any material term of these Terms and Conditions or the
documents it incorporates by reference;
12.2.2. We are unable to verify
or authenticate any information You provide to Us;
12.2.3. We believe that Your
actions may cause legal liability for You, Our users or Us; or
12.2.4. We decide to cease
operations or to otherwise discontinue any services or options provided
by the Website or parts thereof.
Further, You agree that neither the Website nor any third party
acting on Our behalf shall be liable to Your for any termination of Your
membership or access to the Website.
You agree that if Your account is terminated by Us, You will not
attempt to re-register as a member of the Website without prior written consent
Cancellation of Your account or other business relationships with Us
shall not be deemed to terminate Our relationship with You with respect to the
provision of unsolicited commercial e-mail. This business relationship is
specifically deemed to continue indefinitely until explicitly terminated by
You, by following the automated procedure specified in section of 12.1 of this document.
13. General Provisions
Governing Law. This Agreement and all matters arising out of,
or otherwise relating to, this Agreement shall be governed by the laws of the
state of California, excluding its conflict of law provisions. The sum of this
paragraph is that any and all disputes must be, without exception, brought to
court and litigated in Orange County, California.
13.1.1. All parties to this
Agreement agree that all actions or proceedings arising in
connection with this Agreement or any services or business interactions between
the parties that may be subject to this Agreement shall be tried and/or litigated
exclusively in the state and federal courts located in Orange County, California.
13.1.2. The parties agree to exclusive
jurisdiction in, and only in, Orange County, California.
13.1.3. The parties agree to exclusive
venue in, and only in, Orange County, California.
13.1.4. The parties additionally
agree that this choice of venue and forum is mandatory and not
permissive in nature, thereby precluding any possibility of litigation between
the parties with respect to, or arising out of, this Agreement in a jurisdiction
other than that specified in this paragraph.
13.1.5. All parties hereby waive
any right to assert the doctrine of forum non-conveniens or similar
doctrines, or to object to venue with respect to any proceeding
brought in accordance with this paragraph or with respect to any dispute
under this Agreement whatsoever.
13.1.6. All parties stipulate
that the state and federal courts located in Orange County, California shall
have personal jurisdiction over them for the purpose of litigating any
dispute, controversy, or proceeding arising out of (or related to) this Agreement
and/or the relationship between the parties contemplated thereby.
13.1.7. Each party hereby
authorizes and accepts service of process sufficient for personal
jurisdiction in any action against it, as contemplated by this paragraph by registered
or certified mail, Federal Express, proof of delivery or return receipt requested,
to the parties address for the giving of notices as set forth in this Agreement.
13.1.8. Any final judgment
rendered against a party in any action or proceeding shall be
conclusive as to the subject of such final judgment and may be enforced in
other jurisdictions in any manner provided by law if such enforcement becomes necessary.
Binding Arbitration. If there is a dispute between the parties
arising out of or otherwise relating to this Agreement, the parties shall meet
and negotiate in good faith to attempt to resolve the dispute. If the parties
are unable to resolve the dispute through direct negotiations, then, except as
otherwise provided herein, either party may submit the issue to binding
arbitration in accordance with the then-existing Commercial Arbitration Rules
of the American Arbitration Association. Arbitral Claims shall include,
but are not limited to, contract and tort claims of all kinds, and all claims
based on any federal, state or local law, statute, or regulation, excepting
only claims under applicable worker's compensation law, unemployment insurance
claims, actions for injunctions, attachment, garnishment, and other equitable
relief. The arbitration shall be conducted in Orange County, California, and conducted
by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The
arbitrator shall have no authority to award any punitive or exemplary damages;
certify a class action; add any parties; vary or ignore the provisions of this
Agreement; and shall be bound by governing and applicable law. The arbitrator
shall render a written opinion setting forth all material facts and the basis
of his or her decision within thirty (30) days of the conclusion of the
arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE
TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
The Arbitrator shall have no authority to award any punitive or
exemplary damages; certify a class action; add any parties; vary or ignore the
provisions of this Agreement; and shall be bound by governing and applicable
law. The arbitrator shall render a written opinion setting forth all material
facts and the basis of his or her decision within thirty (30) days of the
conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS
THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
No Waiver of Right to Arbitration. There shall be no waiver
of the right to arbitration unless such waiver is provided affirmatively and in
writing by the waiving party to the other party. There shall be no implied
waiver of this right to arbitration. No acts, including the filing of
litigation, shall be construed as a waiver or a repudiation of the right to
The First Amendment Applies to Arbitration Proceedings. Any
arbitration tribunal shall consider the First Amendment to the United States
Constitution to be in force and effect between the parties. Both parties
stipulate to the applicability of the First Amendment's protection of free
speech, expression, and association, and both parties stipulate that case law
interpreting the First Amendment shall be admissible and considered to be
binding authority upon the Arbitrator.
Severability. If for any reason a court of competent
jurisdiction or an arbitrator finds any provision of this Agreement, or any
portion thereof, to be unenforceable, that provision will be enforced to the
maximum extent permissible and the remainder of this Agreement will continue in
full force and effect.
Attorneys' Fees. In the event any Party shall commence any
claims, actions, formal legal action, or arbitration to interpret and/or
enforce any of the terms and conditions of this Agreement, or relating in any
way to this Agreement, including without limitation asserted breaches of
representations and warranties, the prevailing party in any such action or
proceeding shall be entitled to recover, in addition to all other available relief,
its reasonable attorneys' fees and costs incurred in connection therewith,
including attorneys' fees incurred on appeal.
Complaints - California Residents: The Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer
Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
No Waiver. No waiver or action made by Us shall be deemed a
waiver of any subsequent default of the same provision of this Agreement. If
any term, clause or provision hereof is held invalid or unenforceable by a
court of competent jurisdiction, such invalidity shall not affect the validity
or operation of any other term, clause or provision and such invalid term,
clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not
affect the meaning, construction or effect of this Agreement.
Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to Your access and use of the Website and the Materials contained
therein, and Your Membership with the Website, and supersedes and replaces all
prior understandings or agreements, written or oral, regarding such subject
Jurisdictions. We make no representation that the Website or any of the Materials
contained therein are appropriate or available for use in other locations, and
access to them from territories where their content may be illegal or is
otherwise prohibited. Those who choose to access the Website from such
locations do so on their own initiative and are solely responsible for determining
compliance with all applicable local laws.
14. Stipulated liquidated damages
In various provisions in this Agreement, We have outlined liquidated
damages amounts to be applied as penalties against You if You violate these
specific provisions. You specifically agree to pay these amounts. In agreeing
to pay liquidated damages, You acknowledge that this amount is not a penalty,
that the actual damages are uncertain and difficult to ascertain, but that this
amount represents the parties' good faith attempt to calculate an appropriate
compensation based on anticipated actual damages.
For any breach of a portion of this Agreement that does not
specifically state a liquidated damages amount, You hereby agree that any
breach of this Agreement shall result in liquidated damages of $5,000.00 per
occurrence. You specifically agree to pay this $5,000.00 in liquidated
For any breach of this Agreement resulting in liquidated damages
owed by You, You specifically agree and We expressly reserve the right to
assign Our rights to these liquidated damages to a third party.
If We are required to enlist the assistance of an Attorney or other
person to collect any liquidated damages or any other amount of money from You,
or if We are required to seek the assistance of an Attorney to pursue
injunctive relief against You, then You additionally agree that You will
reimburse Us for all fees incurred in order to collect these liquidated damages
or in order to seek injunctive relief from You. You understand that even a
nominal amount of damages may require the expenditure of extensive legal fees,
travel expenses, costs, and other amounts that may dwarf the liquidated damages
themselves. You agree that You will pay all of these fees and costs.
This document was prepared for collarme.com by Derek Brett, Esq.
Nothing more follows.