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TERMS & CONDITIONS
(YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THE Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) WEBSITE. ACCESS OR USE OF THIS SITE OR ITS
CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.)
Please read this Member Terms and Conditions Agreement (the "Agreement")
carefully. The Agreement sets out the terms under which Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) (the "Services") are provided to you by us
(Aspire, Inc. (dba FriendshipExpress.com or tfexp.com)) through the Aspire, Inc.
(dba FriendshipExpress.com or tfexp.com) website (the "Site"). By registering
with Aspire, Inc. (dba FriendshipExpress.com or tfexp.com), you become a member
of the Service (a "Member"), and you agree to be bound by the terms and
conditions of this Agreement (the "Terms") for as long as you continue to be a
Member. If you do not agree to the Terms, please do not register for the Aspire,
Inc. (dba FriendshipExpress.com or tfexp.com) Service or otherwise access or use
this Site.
We reserve the right at any time to:
· Change the terms and conditions of this Agreement;
· Change the Site, including eliminating or discontinuing any content on or
feature of the Site; or
· Change any fees or charges for using the Site.
Any changes we make will be effective immediately upon notice, which we may
provide by means including, without limitation, posting on the Site or email.
Your use of the Site after such notice will be deemed acceptance of the changes.
Be sure to review this Agreement periodically to ensure familiarity with the
most current version. Upon our request, you agree to sign a non-electronic
version of this Agreement.
REGISTRATION. To become a Member you must register with us.
When and if you register to become a Member, you agree to provide accurate,
current and complete information about yourself as prompted by our registration
form ("Registration Data"), and to maintain and update your information to keep
it accurate, current and complete. You agree that we may rely on your
Registration Data as accurate, current and complete. You acknowledge that if
your Registration Data is untrue, inaccurate, not current or incomplete in any
respect, we reserve the right to terminate this Agreement and your use of the
Site.
By becoming a Member, you represent and warrant that you are at least 18
years old, which is the minimum required age to become a Member. However, we
cannot guarantee that each Member is at least the required minimum age, nor do
we accept responsibility or liability for any content, communication or other
use or access of the Site by persons under the age of 18 in violation of these
Terms.
We reserve the right to immediately suspend or terminate your access to the
Service, without notice, upon any breach of this Agreement by you which is
brought to our attention.
Your membership in the Service is for your sole, personal use. You may not
authorize others to use your membership, and you may not assign or otherwise
transfer your account to any other person or entity.
USERID AND PASSWORD. As part of the registration process,
you will be asked to select a userid and password. We may refuse to grant any
userid that impersonates someone else, is or may be illegal, is or may be
protected by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as we determine in our sole discretion. You
are responsible for the confidentiality and use of your userid and password and
agree not to transfer or resell your use of or access to the Site to any third
party. If you have reason to believe that your account is no longer secure, you
must promptly change your password by updating your account information,
available at the 'My Account'.
ONLINE CONDUCT. As a Member, you agree that:
You are solely responsible for the content or information you publish or display
(hereinafter, "post") on the Service, or transmit to other Members.
You will not post on the Service, or transmit to other Members or employees,
any defamatory, inaccurate, abusive, obscene, profane, offensive sexually
oriented, threatening, harassing, racially offensive, or illegal material, or
any material that infringes or violates another party's rights (including, but
not limited to, intellectual property rights, and rights of privacy and
publicity). Please notify us by sending an email to support@Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) of any material contained in the Service
that you believe infringes these rules.
You will use the Service in a manner consistent with any and all applicable
laws and regulations. You will not include in your profile any telephone
numbers, street addresses, last names, URLs, e-mail addresses, offensive
anatomical or sexual references, or offensive sexually suggestive or connotative
language, or any confidential information of any third person, and you will not
post any photographs or other images containing nudity or such personal
information. Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) reserves the
right, but has no obligation, to reject any profile or photograph or image that
does not comply with these prohibitions.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other Members to buy
or sell any products or services through the Service. You will not transmit any
chain letters, spam or junk email to other Members.
You will not express or imply that any statements you make are endorsed by us,
without our specific prior written consent.
You will not harvest or collect personal information about other Members whether
or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data mine", or in any
way reproduce or circumvent the navigational structure or presentation of the
Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices
contained in the Site.
You will not interfere with or disrupt the Services or the Site or the servers
or networks connected to the Services or the Site.
You will not post, e-mail or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment. Please notify us by sending an e-mail
to sysop@Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) of any material
contained in the Service that you believe infringes these rules.
You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site, without our prior written
authorization. You also shall not use metatags or code or other devices
containing any reference to Aspire, Inc. (dba FriendshipExpress.com or
tfexp.com) or the Service or the Site in order to direct any person to any other
website for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Site or any
software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members. Aspire,
Inc. (dba FriendshipExpress.com or tfexp.com) reserves the right, but has no
obligation, to monitor disputes between you and other Members.
We do not exclude any liability for death or personal injury due to our
negligence.
INDEMNITY BY MEMBER. You agree to indemnify, defend and hold
us, our officers, directors, employees, agents and representatives harmless from
and against any and all claims, damages, losses, liabilities, costs (including
reasonable attorneys' fees) or other expenses that arise directly or indirectly
out of or from (i) your breach of this Agreement; (ii) any allegation that any
materials that you submit to us or transmit to the Site infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual property or
other rights of any third party; and/or (iii) your activities in connection with
the Site. This indemnity shall be applicable without regard to the negligence of
any party, including any indemnified person.
ONLINE CONTENT. Opinions, advice, statements, offers or
other information or content made available through the Service are those of
their respective Member-author and not of Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com), and should not necessarily be relied upon.
Such Members are solely responsible for such content. Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) does not guarantee the accuracy,
completeness or usefulness of any information on the Service and neither adopts
nor endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made. Under no circumstances will Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) be responsible for any loss or damage
resulting from anyone's reliance on information or other content posted on the
Service or transmitted to Members.
The Site may contain links to other Internet websites or resources. We neither
control nor endorse such other websites, nor have we reviewed any content that
appears on such other websites. You acknowledge and agree that we shall not be
held responsible for the legality, accuracy or inappropriate nature of any
content, advertising, products, services or information located on or through
any other websites or for the operation or policies of any such websites, nor
for any loss or damages caused or alleged to have been caused by the use of or
reliance on any such websites or such content or other information.
WARNING - PLEASE READ: It is possible that other Members or
users (including unauthorized users, or "hackers") may post or transmit
offensive or obscene materials on the Service and that you may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others
to obtain personal information about you due to your use of the Service, and
that the recipient may use such information to harass or injure you. Aspire,
Inc. (dba FriendshipExpress.com or tfexp.com) is not responsible for the use of
any personal information that you may choose to disclose on the Service. Please
carefully select the type of information that you post on the Service or release
to others.
Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) reserves the right, but
has no obligation, to monitor the materials posted in any area of the Service.
Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) shall have the right but
not the obligation to remove any such material that violates, or is alleged to
violate, the law or this Agreement. Notwithstanding this right of Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com), you remain solely responsible for the
content of the materials you post in any area of the Service and your private
email messages. E-mails sent between you and other Members that are not readily
accessible to the general public will be treated as private by Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) to the extent required by applicable law and
pursuant to the commercially reasonable efforts of Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com).
PROPRIETARY RIGHTS. Aspire, Inc. (dba FriendshipExpress.com
or tfexp.com) owns and retains other proprietary rights in the Services and the
Site. The Services and the Site contain the copyrighted material, trademarks and
other proprietary information and software of Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) and its licensors. In addition, other
Members may post copyrighted information, which has copyright protection whether
or not it is identified as copyrighted. Except for that information which is in
the public domain or for which you have been given permission, you will not
copy, modify, publish, transmit, distribute, perform, display or sell any such
proprietary information.
By posting information or content to any area of Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com), you automatically grant, and you represent
and warrant that you have the right to grant, to Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) and other Members an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform, display and
distribute such information and content and to prepare derivative works of, or
incorporate into other works, such information and content, and to grant and
authorize sublicenses of the foregoing.
INFORMATION SUPPLIED BY MEMBER. We will respect your
personal information and undertake to comply with all applicable data protection
legislation in Minnesota and other jurisdictions in which we offer the Service,
subject to the Privacy Policy of Aspire, Inc. (dba FriendshipExpress.com or
tfexp.com).
The personal information (including sensitive personal information) you provide
to us will be stored on computer. You consent to us using this information to
build up a profile of interests, preferences and browsing patterns and to allow
you to participate in the Aspire, Inc. (dba FriendshipExpress.com or tfexp.com)
Service. All Members also agree to uphold and maintain our Privacy Policy and to
the terms and conditions thereof.
DISCLAIMER OF WARRANTY. Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) PROVIDES THE SERVICE AND THE SITE ON AN "AS
IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
IN ANY COMMUNICATION WITH Aspire, Inc. (dba FriendshipExpress.com or tfexp.com)
OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE.
Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT. Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) DOES NOT
WARRANT THAT YOUR USE OF THE SERVICE OR THE SITE WILL BE SECURE, UNINTERRUPTED,
ALWAYS AVAILABLE OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY
DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED. Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS
MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE, INCLUDING COVERAGE, RANGE, OR
ANY INTERRUPTION IN TELEPHONE OR OTHER SERVICE.
LIMITATION OF LIABILITY. IN NO EVENT WILL Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) BE LIABLE (i) TO YOU FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR
SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE
OR THE SITE, EVEN IF Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) OR
ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (ii) TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY
PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL
EVENTS Aspire, Inc. (dba FriendshipExpress.com or tfexp.com)'S LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP.
In addition, Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) disclaims all
liability, regardless of the form of action, for the acts or omissions of other
Members or users (including unauthorized users, or "hackers") of the Service.
Certain jurisdictions limit the applicability of warranty disclaimers and
limitations of liability so the above disclaimers of warranty and limitations of
liability may not apply to you.
We do not exclude any liability for death or personal injury due to our
negligence.
COPYRIGHT POLICY. We respect the intellectual property of
others, and we ask our Members to do the same. If you believe that a copy of
your work is available on the Service without your consent or that a copyright
infringement has otherwise occurred, please supply us with the following
information:
· A description of the copyrighted work that you claim has been infringed;
· Details of where the infringing material is located on the Site;
· Your address, telephone number and e-mail address;
· A statement by you that you believe in good faith that the use of the work on
the Site is not authorized by the copyright owner or any person entitled to act
on their behalf or by law; and
· An affidavit executed by you that the information you provide concerning the
copyright infringed is accurate and that you are the copyright owner authorized
to act on their behalf.
COMPLAINTS. To resolve a complaint regarding the Service or
the Site, you should contact Aspire, Inc. (dba FriendshipExpress.com or
tfexp.com) Customer Support at support@Aspire, Inc. (dba FriendshipExpress.com
or tfexp.com)
This Agreement, accepted by you upon registering for the Service, contains
the entire agreement between you and Aspire, Inc. (dba FriendshipExpress.com or
tfexp.com) regarding the Service and the Site, including the Aspire, Inc. (dba
FriendshipExpress.com or tfexp.com) Privacy Policy. In the event of any conflict
between the Privacy Policy and this Agreement, this Agreement shall control.
Unless otherwise explicitly stated, the Terms will survive termination of your
membership to the Service. This agreement shall terminate immediately and
without notice if you breach any of the Terms, subject to the survival of all
rights and reservations of Aspire, Inc. (dba FriendshipExpress.com or
tfexp.com). If any provision of this Agreement is held invalid, the remainder of
this Agreement shall continue in full force and effect.
The Member certifies that the Member has read and agrees to be bound by these
Aspire, Inc. (dba FriendshipExpress.com or tfexp.com) Member Terms and
Conditions.
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