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Set forth below are the
terms and conditions (these "Terms and Conditions") governing the
Profilehelper.com.com web site located at, or linked to through, the root URL
www.Profilehelper.com, which may expand or change from time to time (the
"Website"). As used herein, the term "Profilehelper.com"
refers to Profilehelper.com.com, Inc., the sole owner and operator of the
Website; the term "you" or "your" refers to an individual,
representing yourself or, if applicable, acting as legal representative for a
group, business entity or corporation.
CAREFULLY READ THESE TERMS
AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU
ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE
MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
1. Use of this Web site is
conditioned on the acceptance, without modification, of all terms and
conditions of this agreement. By using this Web site you represent that you
have read and understand the terms and conditions and that you agree to be
bound by these terms and conditions as set forth below.
2. Profilehelper.com may
modify these Terms and Conditions from time to time in its sole discretion.
When such modification is made, Profilehelper.com.com will post a revised
version of these Terms and Conditions on the Website. Modifications will be
effective when they are posted. Profilehelper.com.com is not required to
provide you with notification that any such modification has been made. It is
your responsibility to review these Terms and Conditions from time to time to
be aware of any such modifications. Each time you log on to the Website, you
will be deemed to have accepted any such modifications.
3. If you do not agree with
the terms and conditions of this Web site and do not wish to be bound by them,
please do not use this Web site or download any materials from this Web site.
4. Profilehelper.com.com
reserves the right to modify, update, suspend, discontinue, or restrict the use
of or access to this Web site or any portion of this Web site, at any time and
without notice or liability.
5. ALTHOUGH ALL INFORMATION
AND MATERIALS CARRIED ON THIS WEB SITE IS BELIEVED TO BE RELIABLE,
PROFILEHELPER.COM MAKES NO REPRESENTATION, NEITHER EXPRESSLY NOR IMPLIEDLY, AS
TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR
ANY INFORMATION ON THIS WEB SITE. BY USING THIS WEB SITE OR BY RELYING ON ANY
OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE
RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE.
PROFILEHELPER.COM EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. PROFILEHELPER.COM SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT
NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS
WEB SITE OR ANY SERVICES OFFERED ON OR IN AFFILIATION WITH THIS WEB SITE.
The information, artwork, text, video, audio, pictures, software and other
intellectual property (collectively, "Materials") contained on the
Website are protected by copyright and international laws. You may only access
and use the Materials for personal or educational purposes or as expressly
provided for in applicable Profilehelper.com.com program terms and conditions.
You may not otherwise reproduce, distribute, publicly perform, publicly
display, modify or create derivative works of the Materials, unless authorized
by the appropriate copyright owner(s). In the event that you print Materials
found on the Website, you must include any copyright notice originally included
with the Materials on all copies. Any computer software downloadable or
otherwise available on the Website is provided subject to the terms of the
applicable license agreement.
Profilehelper.com.com; MAKE and other marks indicated on our site are
trademarks of Profilehelper.com.com or its subsidiaries, in the United States
and other countries. Profilehelper.com's trademarks may not be used in
connection with any product or service that is not Profilehelper.com' in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits Profilehelper.com.com. All other trademarks not owned
by Profilehelper.com.com or its subsidiaries that appear on this site are the property
of their respective owners, who may or may not be affiliated with, connected
to, or sponsored by Profilehelper.com.com or its subsidiaries.
Profilehelper.com grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Profilehelper.com.com or
unless that page explicitly allows redistribution (e.g. - personal essays
and/or online dating profiles). This license does not include any resale or
commercial use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the benefit
of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of
Profilehelper.com.com. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Profilehelper.com.com and our affiliates
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing Profilehelper.com's name or trademarks
without the express written consent of Profilehelper.com.com. Any unauthorized
use terminates the permission or license granted by Profilehelper.com.com. You
are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of Profilehelper.com so long as the link does not portray
Profilehelper.com.com, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any Profilehelper.com.com logo or other proprietary graphic or trademark as
part of the link without express written permission.
If you use this site, you
are responsible for maintaining the confidentiality of your account information
for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account. Profilehelper.com.com does
sell products or services for people under age 18, but it sells them to adults,
who can purchase with a credit card. If you are under 18, you may use
Profilehelper.com.com only with involvement of a parent or guardian.
Profilehelper.com.com and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
All items purchased from
Profilehelper.com.com are sent through email. Profilehelper.com.com will make
every possible effort to deliver your order to you on time to your email
address, but we cannot be responsible for technical difficulties related to the
checking of your personal email account. We will make every effort to send your
order to another email account specified by you if you encounter email
difficulties.
Profilehelper.com.com is committed to providing exceptional editing and writing
services for active participants in the internet dating community; however,
Profilehelper.com is under no legal obligation to refund the purchase price of
any editing or writing service under any circumstance unless explicitly put
forth by Profilehelper.com. Profilehelper.com.com will seek to satisfy every
customer in a reasonable way through extended consultant interaction, editing
and/or writing by multiple consultants, etc.
Profilehelper.com.com and
its affiliates attempt to be as accurate as possible. However,
Profilehelper.com does not warrant that service descriptions or other content
of this site is accurate, complete, reliable, current, or error-free. If a
product offered by Profilehelper.com.com itself is not as described, your sole
remedy is to contact Profilehelper.com.com as soon as possible and allow us to
try to satisfy your demands.
Visitors may send comments and other content; send other communications; and
submit suggestions, ideas, questions, or other information, so long as the
content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters, mass mailings,
or any form of "spam."
If you do post content or
submit material, and unless we indicate otherwise, you grant
Profilehelper.com.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to edit, use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display such content subject to the Privacy Agreement. You
represent and warrant that you own or otherwise control all of the rights to
the content that you write; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify Profilehelper.com.com or its
affiliates for all claims resulting from content you supply.
Profilehelper.com.com has the right but not the obligation to monitor and edit
or remove any activity or content. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any
content. Profilehelper.com.com reserves the right (but not the obligation) to
remove or edit such content. Profilehelper.com.com takes no responsibility and
assumes no liability for any content posted by you or any third party.
All e-mail sent to the
e-mail addresses of Profilehelper.com.com becomes the property of
Profilehelper.com.com. Profilehelper.com.com reserves the right, but shall not
be obligated to, publish any email message received, in whole or in part, or
make such other use as Profilehelper.com.com in its sole discretion sees fit.
Parties other than
Profilehelper.com.com and its subsidiaries may operate stores, provide
services, or sell product lines on this site. In addition, we provide links to
the sites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant the offerings
of, any of these businesses or individuals or the content of their Web sites.
Profilehelper.com.com does not assume any responsibility or liability for the
actions, product, and content of all these and any other third parties.
Profilehelper.com.com does not intend any such links to third-party web sites
to imply Profilehelper.com's sponsorship or endorsement thereof. Your use of
such web sites is at your own risk and you should carefully review their
privacy statements and other conditions of use.
You shall use the Website
for lawful purposes only. You shall not post or transmit via the Website any
material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without Profilehelper.com's
express prior approval, contains advertising or any solicitation with respect
to products or services.
YOU
EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE
RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. PROFILEHELPER.COM.COM MAKES NO
REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS
THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF
COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION,
PROFILEHELPER.COM.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE. PROFILEHELPER.COM.COM WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY
OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN
CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE
ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH
OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL
PROFILEHELPER.COM.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE
ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER
APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO
SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN
SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS
PERMITTED UNDER APPLICABLE LAW.
By
availing yourself of the Website, Materials or related services, you agree to
release and hold Profilehelper.com.com and the employees, officers, directors,
shareholders, agents, representatives of Profilehelper.com.com, its affiliates,
subsidiaries, advertising, promotion and fulfillment agencies, any entity
controlling, controlled by or under common control with Profilehelper.com.com,
any third-party providers or sources of information or data and legal advisers
(collectively, "Profilehelper.com.com Affiliates") harmless from any
and all losses, damages, rights, claims and actions of any kind arising from or
related to the Website, Materials or related services including but not limited
to: (a) telephone, electronic, hardware or software, network, Internet or
computer malfunctions, failures or difficulties of any kind; (b) failed,
incomplete, garbled or delayed computer transmissions; (c) any condition caused
by events beyond the control of Profilehelper.com.com that may cause the
Website or related services to be disrupted or corrupted; (d) any injuries,
losses or damages of any kind arising in connection with or as a result of your
use of the Website, Materials or related services; or (e) any printing or
typographical errors in any materials associated with the Website, Materials or
related services. In addition, you agree to defend, indemnify and hold
Profilehelper.com.com Affiliates harmless from any claim, suit or demand,
including reasonable attorney's fees, made by a third party due to or arising
out of your utilizing the Website, Materials or related services, your
violation or breach of these Terms and Conditions, your violation of any rights
of a third party, or any other act or omission by you. IN NO EVENT WILL
PROFILEHELPER.COM.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, EDITORS, AND
REPRESENTATIVES BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT
LIMITATION COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF
INCOME OR DATA, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, AND CLAIMS OF
CUSTOMERS OR THIRD PARTIES ARISING FROM ANY CUSTOMERS' INTERACTION,
INVOLVEMENT, AND RELATIONSHIP WITH MEMBERS OF THE ONLINE AND/OR OFFLINE DATING
COMMUNITY OF ANY KIND, EVEN IF PROFILEHELPER.COM WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU SUBMIT ESSAYS AND INFORMATION AT YOUR OWN RISK. FURTHER,
CLIENTS AGREE TO HOLD PROFILEHELPER.COM.COM HARMLESS FROM ANY ADMINISTRATIVE, CRIMINAL,
OR CIVIL PROCEEDINGS.
This agreement will be
governed and construed in accordance with the laws of the State of California
without regard to its conflicts of law provisions. You agree to submit to the
personal jurisdiction of the state and federal courts located in Los Angeles
County in the State of California, and any cause of action which arise from use
of this Web site or from interpretation of these terms and conditions must be
filed in the state and federal courts located in Los Angeles County, State of
California. If any provision of this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable from
this agreement and shall not affect the validity and enforceability of any
remaining provisions. Any remaining provisions shall be given effect to the
fullest extent possible.
You
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside. Your correspondence or business dealings with, or participation in
promotions of or with parties found on or through the Website, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations applicable to such dealings, are
solely between you and such parties. These Terms and Conditions are governed in
all respects by the laws of the State of California as such laws are applied to
agreements entered into and to be performed entirely within California between
California residents. Legal proceedings related to the matters herein shall be
brought in and adjudicated solely in the courts of Los Angeles, California,
United States of America. Both parties consent to extra-territorial service of
process and submit to the jurisdiction of said courts. If any provision of
these Terms and Conditions is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
Profilehelper.com's failure to act with respect to a breach by you or others
does not waive its right to act with respect to subsequent or similar breaches.
These Terms and Conditions set forth the entire understanding and agreement of
the parties as to the subject matter hereof and supersede all prior proposals,
discussions or agreements with respect thereto. A printed version of these
Terms and Conditions and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these
Terms and Conditions to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form
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