This LdsPals.com Internet Web Site Use Agreement ("Agreement") is between you and LDS Pals, LLC., ("LdsPals.com"), with a principal place of business in Salt Lake County, Utah, United States of America. Use of the LdsPals.com Internet Web Site (the "LdsPals.com Web Site" and "Web Site") signifies your agreement to the terms and conditions of use set forth below in this Agreement:
1. Use of Web Site Conditioned Upon Agreement.
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THE LDSPALS.COM WEB SITE. (Your failure to read this Agreement will not
excuse you from its terms and conditions of use.) If you do not agree to
these terms and conditions of use, you may not access or otherwise use the
Web Site. By using the Web Site, you acknowledge that you have read this
Agreement and that you agree to be contractually bound by it.
2. Fees. LDS Pals is a free site offering premium membership to all members and
has been free since early 2009.
3. Account Cancellation. You may cancel your account
at any time using the unsubscribe option on the LdsPals.com Web Site.
4. Right to Terminate. LdsPals.com reserves the right to
terminate your membership if you violate any of your obligations under this
Agreement.
5. Right to Refuse Service. LdsPals.com reserves the right
to refuse service to any person at any time. If LdsPals.com does refuse
service without alleging a breach of this Agreement.
6. Right to Modify the Agreement. LdsPals.com reserves
the right, at its sole discretion, to change, modify, add, or remove any
portion of this Agreement, in whole or in part, at any time. Notification
of changes in the Agreement will be posted on the LdsPals.com Web Site.
You agree that your continued use of the Web Site shall constitute acceptance
of the revised agreement.
7. Purpose of the Web Site. LdsPals.com provides a service
to facilitate interaction between single members of The Church of Jesus
Christ of Latter-day Saints ("The Church of Jesus Christ"). You
understand that LdsPals.com is neither affiliated with nor endorsed by
The Church of Jesus Christ. You agree, however, to comport your behavior
on the LdsPals.com Web Site with the standards of The Church of Jesus
Christ.
8. Right to Modify Web Site. LdsPals.com may change, suspend,
or discontinue any aspect of the LdsPals.com Web Site at any time, including,
without limitation, the availability of any Web Site feature, database,
or content. LdsPals.com may also impose limits on certain features and
services or restrict your access to parts or all of the Web Site without
notice or liability.
9. Monitoring Web Site and Disclosing Information. You acknowledge
that with few exceptions transmission to and from the LdsPals.com Web
Site are not confidential and your communications may be read or intercepted
by others. You acknowledge that by submitting communications to LdsPals.com,
no confidential, fiduciary, contractually implied, or other relationship
is created between you and LdsPals.com other than the explicit contractual
relationship created by this Agreement. LdsPals.com may monitor your
use of the LdsPals.com Web Site and, without notice or permission, may
freely use and disclose, for any lawful reason or purpose, including, without
limitation, to law enforcement agencies, any information and materials received
from you or collected through your use of the Web Site. LdsPals.com uses
encryption technology to secure your credit card information, and LdsPals.com
will keep your credit card information confidential in so far as it is required
to by the law.
10. Copyright and Fair Use of Web Site Information. The contents
of the LdsPals.com Web Site are the proprietary property of LdsPals.com
and are only for your personal, non-commercial use. The Web Site is protected
by copyright as a collective work or a compilation, or both, pursuant to
U.S. copyright laws, international conventions, and other copyright laws.
All materials contained on the Web Site are owned or controlled by LdsPals.com
or the party credited as the provider of the content. You hereby transfer
to LdsPals.com ownership of the copyright for any and all profile data
that you will submit or have submitted to the Web Site. You agree that any
reproduction, duplication, distribution, or transmission of the contents
of the Web Site without the prior written consent of LdsPals.com is prohibited.
11. User Grants License to LdsPals.com. By posting messages,
uploading files, inputting data, or engaging in any other form of communication
(individually or collectively "Communications") to the LdsPals.com
Web Site, you hereby grant to LdsPals.com a perpetual, worldwide, irrevocable,
unrestricted, nonexclusive, royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit, and otherwise exploit such Communications in all media now
known or hereafter developed. You hereby waive all rights to any claim against
LdsPals.com for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and rights of attribution
in connection with such Communications.
12. Users Representations, Warranties, and Covenant.
You represent, warrant, and covenant that:
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a. You are a member of The Church of Jesus Christ in
good standing; b. You are at least 18 years of age; c. All information you provide to LdsPals.com and the other Users (as defined herein) of the LdsPals.com Web Site is current, truthful, and accurate; d. You are legally single without exception or contingency, which means that if you are divorced or your marriage is annulled, the decree of divorce or the decree of annulment, whichever the case may be, has been finalized and entered by the court on its docket; e. If you are divorced or your marriage is annulled, you are current on all financial obligations required of you under the decree of divorce or the decree of annulment without exception or contingency. This includes, without limitation, obligations of child support, child care expenses, child medical expenses, and alimony; f. You neither have a pending appearance for nor have been convicted of a criminal felony, or a worldwide equivalent, within the past seven (7) years, and you neither have a pending appearance for nor have been convicted of a Class A or B misdemeanor, or worldwide equivalent, within the past five (5) years, except for minor traffic violations; g. You are not on any government registry of sex offenders; h. You shall not upload, post, transmit to, distribute, or otherwise publish through the LdsPals.com Web Site any materials that
j. You shall not use or include hyperlinks anywhere on your Web Site profile or include or display in your profile graphics not provided by or through the Web Site; k. You shall not use the contents of your Web Site profile, its chat features, the e-mail addresses obtained via LdsPals.com, or any other feature of LdsPals.com to promote any type of product, service, or other commercial venture unless you are specifically allowed to by notices posted in the Web Site and within the restrictions allowed by those notices (which notices are incorporated into this Agreement by this reference); and you agree to pay damages to LdsPals.com in the amount of one thousand U.S. dollars ($1,000.00) for each instance of violating this covenant or applicable notice; l. You shall not use LdsPals.com's services to send chain letters, junk or spam email, or solicit illegal or immoral activity; and m. You shall not allow anyone else to use your account, including, without limitation, to log onto the LdsPals.com Web Site under your username. Your rights and duties under this agreement are personal to you; therefore, you may not assign or transfer your profile or account to any other person or entity. |
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a. If LdsPals.com's negligence causes damage to person
or property, LdsPals.com will be liable for no more than the amount
of direct damages to the person or property. For any other claim, LdsPals.com
will not be liable for more than the amount of LdsPals.com's charges
for the services during the affected period. For all claims, LdsPals.com
will not be liable for indirect or consequential damages, including,
without limitation, lost opportunities, lost profits, or revenue. LdsPals.com
also will not be liable for punitive, reliance, or special damages.
These limitations apply even if the damages were foreseeable or LdsPals.com
was told they were possible, and they apply whether the claim is based
on contract, tort, statute, fraud, misrepresentation, or any other legal
or equitable theory. b. LdsPals.com will not be liable for any damages if the LdsPals.com Web Site is down, interrupted, or there is a problem with the interconnection of the Web Site with the services or equipment of some other party. c. You understand that if you become dissatisfied with the LdsPals.com or the Web Site, your sole and exclusive remedy will be to discontinue your membership in accordance with section 3 of this Agreement. |
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a. Time Limitation to Bring Claims and Disputes. YOU
AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT
MUST BE BROUGHT WITHIN ONE YEAR AFTER THE DATE THE BASIS FOR THE CLAIM
OR DISPUTE FIRST ARISES, WHETHER KNOWN OR UNKNOWN AT THAT TIME. THIS
TIME LIMITATION APPLIES TO ALL MATTERS SUBMITTED TO A COURT OR ARBITRATION.
b. Small Claims Court and Binding Arbitration. You agree to resolve all claims of $5,000.00 or less in a small claims court located in Provo, Utah, U.S.A. (In the case of court action, you agree to pay all court costs and reasonable attorney fees incurred by LdsPals.com necessary to enforce its rights under this Agreement.) All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service, or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described below. If any portion of this Dispute Resolution section is determined to be unenforceable, then the remainder shall be given full force and effect. c. Rules of Arbitration. The arbitration of any dispute involving more than $5,000.00 shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (�AAA�), as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. At your expense, you have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. d. No Joinder Allowed. NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT OR, IN AN ARBITRATION, WITH A DISPUTE OF ANY OTHER PERSON OR BE RESOLVED ON A CLASS-WIDE BASIS. YOU WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. e. Duty to Attempt to Resolve Disputes. Before you take a dispute to arbitration or to small claims court, you must first contact LdsPals.com or write to LdsPals.com and give it an opportunity to resolve the dispute. If the dispute cannot be satisfactorily resolved within sixty days from the date you or LdsPals.com is notified by the other of a dispute, then either party may, as the case may be, file a small claims case or contact the AAA in writing at American Arbitration Association and request arbitration of the dispute. f. Arbitration Information and Filing Procedure. Information about the arbitration process and the AAAs Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org or by contacting LdsPals.com at Webmaster@LdsPals.com. The arbitration shall be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAAs telephonic, online, or in-person procedures. Any in-person arbitration will be conducted in Salt Lake City, Utah. Any arbitration shall remain confidential. Neither you nor LdsPals.com may disclose the existence, content, or results of any arbitration or award, except as may be required by law or to confirm and enforce an award. g. Fees and Expense of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAAs filing fee and administrative expenses for a document arbitration will be allocated according to the AAAs Rules. If you elect an arbitration process other than a document (or desk) arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including, without limitation, attorney's fees and expenses for witnesses, document production, and presentation of evidence. The prevailing party may, however, seek to recover the AAAs fees and the expenses of the arbitrator from the other party. h. Exceptions to Informal Dispute Resolution and Arbitration. The requirement of attempting to informally resolve the matter prior to filing with the small claims court or the AAA will not apply if: (i) the expiration of the statute of limitations for a cause of action is imminent or (ii) injunctive or other equitable relief is necessary to enjoin an ongoing injury or to mitigate damages. Further, the requirement that matters be submitted to arbitration shall not prohibit a party from seeking injunctive relief pending arbitration. LdsPals.com may at its sole discretion discontinue a User's membership, including, without limitation, a user's instant messenger and chat use, and remove the User's profile pending the resolution of any dispute with a User. |
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a. Section 4 Returned Checks and Chargebacks; b. Section 10 Monitoring Web Site and Disclosing Information; c. Section 11 Copyright and Fair Use of Web Site Information; d. Section 12 User Grants License to LdsPals.com; e. Section 13 Users Representations, Warranties, and Covenant; f. Section 14 Users Violation of Representations, Warranties, and Covenants is Not Protected Speech; g. Section 16 Right to Edit Profile; h. Section 17 Users Duty to Indemnify, Defend, and Hold Harmless; i. Section 18 No Representation, Warranty, or Endorsement of Accuracy or Reliability; j. Section 19 Not Responsible for Posted Information; k. Section 21 No Endorsement of Linked Sites; l. Section 23 User Accepts Web Site AS IS; m. Section 24 Limitations of Liability; n. Section 25 Choice of Law; o. Section 26 Dispute Resolution; p. Section 30 Waiver; q. Section 31 Binding Effect; r. Section 32 Survival of Terms. |