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TERMS AND CONDITIONS OF SERVICE WEB SITE SERVICE AGREEMENT The Utah corporation, The Promise Companies LLC. (the “Company”), provides the service described on its web site at ldspromise.com (the “Service”). The following information constitutes a legal agreement ("Agreement") between you and the Company. 1. Your Agreement. Before registering for the Service, you must carefully read this Agreement. To complete your registration, click on the “Accept” button below. Clicking the “Accept” button enables you to become a registered user of the Service (a “Registered User”) and signifies that you agree to abide by the terms and conditions of the Agreement (the “Terms”) for the duration of your use of the Service. Your use of the Service is conditional upon your continued compliance with the Terms. 2. Terms of Agreement. The Company reserves the right to change the Terms at any time by notification of the changes on the Service. You agree that your continued use of the Service shall constitute your acceptance of such changes. 3. Status of Registered Users. You agree that you are 18 years of age or older, and that you are single, divorced, widowed or legally separated. You agree that you are and shall be the sole user of your account. 4. Fees and Payments. You agree to pay all membership and monthly fees required for the Service, as posted on the Service. The Company reserves the right to change the fees, at its sole option, by posting a notice to that effect on the Service. 5. Online Conduct. As a Registered User of the Service, you agree to abide by the following conditions and make the following representations: b. You shall not post any material on the Service that is offensive, obscene, slanderous, profane, harassing, discriminatory, sexually or racially oriented, or illegal, all of which are strictly prohibited. c. You shall not solicit any illegal or immoral activity on the Service. You understand that the Company will fully cooperate with law enforcement officials in prosecuting any actions that are obscene, harassing or otherwise illegal. d. You shall not post any false, inaccurate or misleading information on the Service. e. You shall not post anything on the Service that violates another person or entity’s rights of privacy, publicity, or intellectual property rights, including copyright. f. You shall abide by all applicable local, state, federal, and international regulations. You may not be a national or resident of any country of which the United States has embargoed goods, labeled a “"Specially Designated National,” or included on the Commerce Department's Table of Deny Orders. The Service is void where prohibited. g. You shall only create one profile with the Service. You shall not include in this profile and any subsequent posts any inaccurate, misleading, or false information provided to either the Company or other Registered Users. If at any time, you become aware of inaccurate, misleading, or false information, you must contact the Company to inform them and inform them of needed changes. The Company has the right to edit your profile if necessary so that it will comply with the Terms of this Agreement. h. You shall not use the Service to engage in advertising or solicitation of any kind. You shall not post a hyperlink of any kind on the Service. i. You shall not use the Service to send junk e-mail, spam email or chain letters. j. You are responsible for taking normal precautions in all interactions with individuals you meet through the Service. You must read and follow the recommendations provided by ldspromise’s Safety Tips which will be provided to you before engaging in Open Communication with other Registered Users. k. You agree that you have the sole responsibility of blocking or not accepting the receipt of messages from unwelcome Users. You will not involve the Service in any dispute regarding an unwelcome message, unless the sender of the message violates one of the Terms of this Agreement, in which case you shall immediately report such violation to the Service. l. If you become aware of any violations of these Terms by other Registered Users, you agree to report such violations to the Company. 6. Online Content. a. YOU ARE ENTIRELY RESPONSIBLE FOR CONTENT OF ALL OF YOUR POSTED MATERIALS ON THE SERVICE, INCLUDING IN THE PUBLIC PORTION AND PRIVATE E-MAIL MESSAGES. b. The Company will consider private, to the extent permitted by law, e-mail messages that are sent between you and other Registered Users. c. The Company does not assume responsibility for the accuracy, completeness, or usefulness of any information on the service. THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM RELIANCE ON POSTED CONTENT ON THE SERVICE OR TRANSMITTED CONTENT TO OR BY ANY REGISTERED USERS. d. The Service is a privately owned enterprise, and you have no governmentally protected rights of privacy or freedom of speech on the Service which would excuse any violation or breach of any Term in this Agreement. 7. Web Site Operation. The Company maintains the right, but not the obligation, to monitor all posted materials in public domains of the Service, including the right to remove any material that, in the sole opinion of the Company, violates, or appears to violate any of the Terms or the spirit of this Agreement, or any applicable laws or regulations. The Company has the right to modify, change, restrict access, impose limits, suspend or discontinue the Service at any time, including any feature, content or database on the Service. The Company does not endorse or recommend any sites that are linked to the Service or that have a link on the Service. 8. Dealings With Advertisers. The Company is not responsible or liable for any losses or damages associated with your correspondence, business dealings, or promotions participation with advertisers found on or through the Service. This includes payment and delivery of related goods or services, and all other terms, conditions, warranties or representations associated with such dealings. 9. Unauthorized Users. The Company is not responsible for offensive or obscene content posted by authorized or unauthorized (“hackers”) users. The Company is not responsible for the misuse (including harassment or injury) of any personal information that you disclose by other users. You must carefully select the type of information that you disclose while using the Service. 10. Proprietary Rights. You agree to the following: a. All proprietary rights in the Service, including copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees (“Proprietary Rights”) are owned by the Company. Nothing herein gives you a license or other right in the Proprietary Rights, except as expressly stated herein. Excluding information in the public domain or for which you have been given permission, you agree to not copy, modify, publish, transmit, distribute, perform, display, or sell any proprietary material, including any copyrighted information posted by Registered Users, regardless of whether or not it is identified as copyrighted. b. You represent and warrant that you have the right to grant and do grant an irrevocable, perpetual, fully-paid, worldwide, non-exclusive license to use, copy, publicly perform, publicly display and distribute information and content posted by you to any public area of the Service. This information and content may also be used to prepare derivative works or be incorporated into other works and you hereby grant and authorize sub-licenses to do so. c. With respect to all information that you post on the Service, you hereby waive any claims against the Company with respect to any rights of privacy or publicity, any rights of intellectual property, and any other proprietary rights you might otherwise allege or claim. 11. Confidentiality. a. The Company agrees to keep confidential all information you supply to the Company, including credit card number(s) and other financial information. Such information will be used or disclosed only for the purposes for which it was collected, or as required by court order or applicable law. Information provided to other Registered Users pursuant to the terms of the Service is an exception to this term. Please click on the Trust-E logo at the bottom of the home page for information on the Company’s privacy policy. b. You agree that information about you and your experiences with ldspromise.com may be used anonymously by the Company for research into successful relationships by psychologists and behavior research scientists. This research may be published in academic journals; however, all responses will be anonymous and will not include personal identifying information. To learn more about the standards we follow in conducting scientific research, go to the following site: http://www.hhs.gov/ohrp/humansubjects/guidance/belmont.htm. 12. WARRANTIES. YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING: A. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT YOUR RELATIONSHIPS, CORRESPONDENCE, MESSAGES, INFORMATION, COMPATIBILITY OR OTHER INVOLVEMENT OR ACTIVITIES WITH OTHER USERS OF THE SERVICE. B. THE SERVICE, AND ALL CONTENT, FUNCTIONS, INFORMATION, AND MATERIALS ARE PROVIDED “AS IS,” AND THE COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THE INFORMATION OR CONTENT OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE, NON-INFRINGEMENT OF ANY RIGHTS OF OTHERS OR ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY YOU OR ANY OTHER PERSON BY USING THE SERVICE. 13. LIMITATION OF LIABILITY. THIS SECTION DESCRIBES THE FULL EXTENT OF THE COMPANY’S LIABILITY AND RESPONSIBILITY FOR ANY CLAIMS YOU MAY MAKE WITH RESPECT TO THE SERVICE. YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING: THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, ARISING FROM (A) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, LOSS OR CORRUPTION OF SERVICE, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE INFORMATION OR CONTENT ON THE SERVICE OR THE DELIVERY OF THE SERVICE TO YOU, (B) ANY CONTENT POSTED BY YOU OR ANY OTHER USER THAT IS OFFENSIVE, OBSCENE, SLANDEROUS, PROFANE, HARASSING, SEXUALLY OR RACIALLY ORIENTED, DISCRIMINATORY OR ILLEGAL, (C) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED ON THE SERVICE. THE COMPANY IS NOT LIABLE FOR ANY LOSS OF REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SIMILAR DAMAGES CLAIMED BY YOU OR OTHERS, INCLUDING BUT NOT LIMITED TO BODILY INJURY, EMOTIONAL DISTRESS OR ANY OTHER DAMAGES FROM MEETINGS OR COMMUNICATIONS WITH A REGISTERED USER OR ANYONE ELSE ASSOCIATED WITH THE SERVICE. IN NO EVENT SHALL THE LIABILITY OF THE COMPANY EXCEED THE FEES PAID BY YOU FOR THIS SERVICE. 14. Indemnity By Registered User. You agree to hold harmless and fully indemnify the Company and the Company’s officers, directors, employees, agents, and third parties for all loss, damage, expenses, cost, liability, and expense (including reasonable attorneys’ fees), settlement payments and costs, and other liability with respect to any claims, settlements or judgments by others related to or resulting from (a) your use of the Service, or (b) any actions or nonactions by you in connection with meeting or communicating with anyone on the Service, and (c) your breach of any of the Terms of the Agreement. 15. Complaints. You may submit any complaints you may have regarding the Service by clicking on the “Contact Us” button or by emailing us at support@ldspromise.com. 16. Termination. Your account on the Service may be terminated at any time by either you or the Company without explanation or reason, by sending written notice to the other party. If you breach any term of the Agreement, the Company has the right to immediately suspend or terminate your Service access without notice, and all fees paid by you to the Company will be nonrefundable. The Company reserves the right to terminate the Service to you at any time, with or without reason, in its sole option. In the event that the Company chooses to terminate your Service without reason, you are entitled to a refund of any prepaid membership fees in proportion to the unused days in your membership period. 17. Death, Disability or Relocation. In the event that death or disability prevents you from receiving all services for which you contracted, you or your estate may choose to be relieved of making payments for services other than those received before death or disability, except as provided in section c, below. If you have prepaid for the Service, any amount paid for service not received will be refunded to you or your estate. “Disability” is defined as a condition that prevents you from using the Service for the duration of the disability. The condition must be verified in writing by your physician and presented to the Company. If your physician verifies that the duration of your disability will be less that six (6) months, the Company may choose to extend the contract for the same period, rather than cancel the contract. 18. Remedies. You acknowledge that compliance with the Terms herein are necessary to protect the business interests and goodwill of the Company and that a breach of any of these Terms will irrevocably and continually damage the Company, for which money damages may not be adequate. Consequently, in the event of such breach, the Company shall be entitled to a preliminary and permanent injunction prohibiting you from violating this Agreement in order to prevent the continuation of such irreparable harm. The Company shall also be entitled to pursue any other available remedy, including money damages. 19. Attorney's Fees. If either party brings legal action to enforce its rights under this Agreement, by arbitration or otherwise, the prevailing party in such action shall be entitled to receive all costs and expenses, including but not limited to reasonable fees of attorneys, accountants, and other experts, incurred by the prevailing party in investigating and prosecuting (or defending) such action. 20. General Provisions. This Agreement will be governed by Utah law, notwithstanding conflicts of law principles. Any dispute relating to or arising from this Agreement shall be subject to the exclusive jurisdiction of the state courts of Utah County, State of Utah and the federal courts having jurisdiction for Utah County, State of Utah. These terms represent the entire agreement between you and the Company. The Terms in Sections 1—14, 18-20 shall survive termination of this Agreement for any reason. In the event that any Term of this Agreement is found invalid or of no effect by any court, the remainder of this Agreement shall continue in full effect. Any waiver of a Term of this Agreement or of any breach by you must be in writing and signed by an authorized representative of the Company to be effective. 21. Cancellation. You may cancel the agreement without penalty or obligation any time before midnight of the Company’s third business day following the date of the contract, Sundays and holidays excepted. To cancel the agreement, you may mail or deliver an email stating that you, the buyer, are canceling the agreement. Send the notice to the following email address: support@ldspromise.com
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