Terms of Use




 

WHOTOTALKTO.COM TERMS OF USE


Acceptance of Terms

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

These "Terms and Conditions" govern your use of WhoToTalkTo.com. If you do not accept the Terms and Conditions stated here, do not use WhoToTalkTo.com or its services. By using any of the services found at www.WhoToTalkTo.com, you are indicating your acceptance to be bound by these Terms and Conditions. WhoToTalkTo.com reserves the right to revise these Terms and Conditions at any time at its sole discretion by updating this posting. Your continued use of this website after any such updates or changes constitutes your acceptance of the new terms. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

Eligibility

Use of and membership of WhoToTalkTo.com is void where prohibited. By using WhoToTalkTo.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of WhoToTalkTo.com does not violate any applicable law or regulation.

You are solely responsible for your interactions with other WhoToTalkTo.com members. WhoToTalkTo.com reserves the right, but has no obligation, to monitor disputes between you and other members.

Content

Please choose carefully the information you post on WhoToTalkTo.com and that you provide to other users. You are solely responsible for the content that you post on or through the WhoToTalkTo.com site, any material or information that you transmit to other members, and for your interactions with other users. WhoToTalkTo.com does not endorse and has no control over the content. Content is not necessarily reviewed by WhoToTalkTo.com prior to posting and does not necessarily reflect the opinions or policies of WhoToTalkTo.com.

WhoToTalkTo.com makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.

WhoToTalkTo.com may delete any content that in the sole judgment of WhoToTalkTo.com violates this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. WhoToTalkTo.com assumes no responsibility for monitoring the WhoToTalkTo.com site for inappropriate content or conduct. If at any time WhoToTalkTo.com chooses, in its sole discretion, to monitor the WhoToTalkTo.com site, WhoToTalkTo.com nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.

WhoToTalkTo.com is not responsible for the exchange, release or making public of any personal or contact information, either posted on its site, or exchanged as information between its members.

Your Responsibilities

You are responsible for all activity occurring under your User accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Service, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify WhoToTalkTo.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to WhoToTalkTo.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you to be in violation of the TOS. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Service itself (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Service. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Indemnity

You agree to indemnify and hold WhoToTalkTo.com, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.

Conduct

You agree not to post, exchange, or otherwise make available Content, including, but not limited to content that:
  1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  2. harasses or advocates harassment of another person;
  3. exploits people in a sexual or violent manner;
  4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  5. solicits personal information from anyone under 18;
  6. provides personal or identifying information about another person without that person's explicit consent;
  7. impersonates any person or entity, including, but not limited to, WhoToTalkTo.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  8. you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  9. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  10. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  11. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  12. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  13. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  14. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. involves commercial activities and/or sales without our prior written consent such as advertising, or pyramid schemes;
  16. includes a photograph of another person that you have posted without that person's consent; or
  17. uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.


DISCLAIMER OF WARRANTIES


YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHOTOTALKTO.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) WHOTOTALKTO.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHOTOTALKTO.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHOTOTALKTO.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHOTOTALKTO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

WHOTOTALKTO.COM IS ONLY A VENUE. THE WEB SITE ACTS AS A VENUE FOR JOB SEEKERS TO EXCHANGE INFORMATION PERTAINING TO JOB LEADS. WHOTOTALKTO.COM DOES NOT SCREEN OR CENSOR POSTINGS OR INFORMATION EXCHANGES MADE VIA THE WEBSITE. WHOTOTALKTO.COM IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN MEMBERS. AS A RESULT, WHOTOTALKTO.COM HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE LEADS OR INFORMATION POSTED. WHOTOTALKTO.COM HAS NO CONTROL OVER THE TRUTH OR ACCURACY OF THE LEADS OR INFORMATION POSTED. IN ADDITION, NOTE THAT THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM, OF DEALING WITH STRANGERS, FOREIGN NATIONALS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENSES. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE WEB SITE. BECAUSE USER AUTHENTICATION ON THE INTERNET IS DIFFICULT, WHOTOTALKTO.COM CANNOT, AND DOES NOT, CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. BECAUSE WHOTOTALKTO.COM CANNOT, AND DOES NOT, BECOME INVOLVED IN USER-TO-USER DEALINGS OR CONTROL THE BEHAVIOR OF PARTICIPANTS ON WHOTOTALKTO.COM, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE WHOTOTALKTO.COM (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU ACKNOWLEDGE THAT WHOTOTALKTO.COM DOES NOT CONTROL, AND IS NOT UNDER ANY LEGAL OBLIGATION TO CONTROL THE INFORMATION THAT IS MADE AVAILABLE THROUGH THE WHOTOTALKTO.COM WEB SITE, AND IS PROVIDED BY OTHER USERS. BY ITS VERY NATURE, OTHER PEOPLE'S INFORMATION MAY BE OFFENSIVE, HARMFUL OR INACCURATE, AND IN SOME CASES WILL BE MISLABELED OR DECEPTIVELY LABELED. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE.

Modification to Terms

WhoToTalkTo.com reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

Assignment

This Agreement may not be assigned, whether by operation of law or otherwise, including without limitation in connection with a merger, acquisition, or sale of assets, by you without the prior written approval of WhoToTalkTo.com. Any purported assignment in violation of this section shall be void.

General

This Agreement shall be governed by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Ann Arbor, Michigan. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and WhoToTalkTo.com as a result of this agreement or use of the Service. The failure of WhoToTalkTo.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WhoToTalkTo.com in writing. This Agreement comprises the entire agreement between you and WhoToTalkTo.com with respect to your use of the Service and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.