TERMS OF USE

As of May 11, 2009

This Agreement is between you, the user of the FixMyLove web site, and FixMyLove, Inc., a Delaware corporation (“Company”). This Agreement sets forth the terms and conditions governing your use of Company’s web site currently located at www.fixmylove.com (the “Site”) and your use of Company’s systems and services, and is in addition to any executed agreements you may have with Company. This Agreement also incorporates by reference the terms of Company’s Privacy Policy. BY ACCESSING, USING OR SUBMITTING INFORMATION TO THE SITE, YOU AGREE TO, AND ARE BOUND BY, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THIS SITE. Company may amend this Agreement at any time by posting the amended terms on the Site and such terms shall be effective for all use of this Site and services once they are posted. Your continued use of this Site after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Company, in its sole discretion, may also add, delete or change some or all of the features of the Site or Company’s services at any time.

User Eligibility

Company’s services and this Site are available only to individuals who are eighteen (18) years of age or older. You represent that you are at least 18 years of age. This Site and the services are available only to individuals or businesses who can form legally binding contracts under applicable law.

The Content on this Site

The Site is intended only as a source of information on relationships for your personal use. Transmission of the information contained on the Site is not intended to provide legal advice, therapy, counseling or advice of any kind, and receipt thereof does not constitute formation of an attorney-client or therapist-client relationship. Internet subscribers and online readers should not rely upon this information for any purpose without seeking legal advice from a licensed attorney or counseling from a licensed therapist or counselor in the reader's state. The information contained in this website is provided only as general information; accordingly, information on this website is not promised or guaranteed to be correct or complete. Nothing contained on the Site should be considered a substitute for professional advice. We do not select, screen, approve, endorse or limit who can post information, including those who contribute responses to legal or counseling questions posted on the Site.

You understand that questions and answers or other postings to fixmylove.com will not be treated as privileged or confidential.

Although we reserve the right to review, remove or edit any content from fixmylove.com, we do not routinely screen, monitor, review, remove or edit the content generated by users. As a result, we have no control over and we do not warrant or guarantee the accuracy, adequacy, applicability, completeness or quality of any such information or the qualifications of those posting user generated content.

FIXMYLOVE EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED ON ANY OR ALL THE CONTENTS OF THIS WEBSITE.

Links to Third-Party Web Sites / Dealings with Advertisers and Service Providers

There may be provided on fixmylove.com links to other web sites belonging to the Company’s advertisers, business partners and other third parties. Company does not review or monitor any web sites linked to the Site and is not responsible for the content of any such linked web sites. Company is providing these links solely as a convenience and inclusion of such links is not meant to imply that Company endorses any third party site or any content, products or services available on a third party site. Your linking to such web sites is at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers, sponsors or service providers found on or through the Company’s services (including any payment and delivery of goods or services, any personal information or opt-in contact information voluntarily given to advertisers, sponsors or service providers, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertisers, sponsors or service providers. You agree that FixMyLove will not be responsible or liable for any loss or damage of any sort incurred as the result of such dealings, including the sharing of information you supply to FixMyLove with advertisers, sponsors or service providers, or as the result of the presence of such advertisers and service providers on the Company’s Site and services. Please visit our Privacy Policy to learn more about how we use your information.

Conduct as a User

As a user on our Site or a user registered to use any of our services, you agree to the following:

You will represent yourself accurately and truthfully at all times. You grant Company the right to independently verify any information that you post on our Site about yourself, although Company does not routinely undertake any verification.

Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.

You are solely responsible for, and assume all liability regarding the information and content you post, transmit, publish, or otherwise make available through our services, and your interaction with other users.

You agree that any information or other material that you post, transmit or otherwise make available through the Company and its services will follow the guidelines listed below. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on the Site or through the Company and its services, that:

• - is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or our services;


• - promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;


• - is defamatory, inaccurate, abusive, obscene, profane, offensive or otherwise objectionable;


• - contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;


• - contains video, audio photographs, or images of another person without his or her permission;


• - promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;


• - intended to defraud, swindle or deceive other users of our services;


• - contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;


• - promotes or solicits involvement in or support of a political platform, religion, cult, or sect;


• - disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;


• - is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Site;


• - impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;


• - solicits gambling or engages in any gambling or similar activity;


• - uses scripts, bots or other automated technology to access the Site or our services;


• - uses the Site or our services for chain letter, junk mail or spam e-mails; or


• - is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

You will promptly report to the Company any violation of the Agreement by others.

Attorney and Counselor Advertising and Communications

It is solely the responsibility of attorneys, therapists and counselors to ensure that any information or advertisements they post or place on fixmylove.com (including, without limitation, any responses to questions posted on fixmylove.com and any other comments, opinions, recommendations, answers, analysis, references, referrals or other content), and any communications they may have with prospective clients through fixmylove.com, fully comply with all applicable laws.

Your Information

“Your Information” includes any information you provide to us, including but not limited to, any information you provide (i) during your enrollment with the Site, (ii) in any public message area or (iii) through any email feature.

Subject to the privacy policy described below, by posting Your Information on or through the Site and our services, you automatically grant Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display Your Information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others.

You are solely responsible for Your Information. We act as a passive conduit for the online distribution and publication of Your Information. However, we may take any action we deem necessary or appropriate in our sole discretion if we believe Your Information creates a risk of liability to Company. Company may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Site or through services that infringes on the rights of third parties or is otherwise harmful to Company. Company may also, at its sole discretion, terminate your access to the Site or our services for posting material that infringes upon the rights of third parties.

If you believe that Your Information has been used on the Site in a manner that constitutes copyright infringement, please provide Company’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

• - an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;


• - identification of the copyrighted work claimed to have been infringed;


• - a description of where the material that you claim is infringing is located on the Site;


• - your address, telephone number, and e-mail address;


• - a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and


• - a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Company’s Copyright Agent for notice of claims of copyright infringement on this Site is:

Designated Copyright Agent FixMyLove, Inc. 1840 W. Whittier Blvd. #111 La Habra, CA 90631 copyright@fixmylove.com

Privacy Policy

Company will only use and disclose Your Information in accordance with its then current Privacy Policy, available on this Site, which is incorporated herein by reference.

Intellectual Property and Submissions

The information used and displayed on the Site or available through the Company’s services are the property of Company or its licensors and are protected by copyright, trademark and other laws. In addition to Company’s and its licensors’ and suppliers’ rights in individual elements of the content within the Site, Company owns a copyright in the selection, coordination, arrangement and enhancement of such content.

Unless Company has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to Company in connection with this Site or Company’s services (“Submissions”) will be deemed to be provided to Company on a non-confidential and non-proprietary basis and will become and remain the property of Company. Company shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that Company shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on Company’s Site. You may not take any action which imposes an unreasonable or disproportionately large load on Company’s infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

No Warranty

COMPANY PROVIDES THE SITE AND ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. Company does not guarantee continuous, uninterrupted or secure access to its services, and operation of Company’s Site may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Nor does Company guarantee the accuracy, timeliness or completeness of any information on its Site or the results of your use of Company’s Site and services. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR THROUGH COMPANY’S SERVICES, OR TRANSMITTED TO OR BY ANY USERS. From time to time, Company may offer new “beta” features or tools with which its users may experiment on the Site or through Company’s services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Company’s sole discretion. The provisions of this disclaimer of Warranty section apply with full force to such features or tools.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR COMPANY’S SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SITE (INCLUDING THIRD PARTY SERVICE PROVIDERS). THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

Company and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Company and its contractors will have no liability to you arising from any incorrectly verified information.

Indemnification

You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or Company’s services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.

Communication and Privacy

We may use your email address to send you messages notifying you of important changes to the Site, Company’s services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Company’s services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.

Termination

Company reserves the right to terminate your access to the Site for any reason or for no reason.

General Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and the Company’s services.

Integration and Severability

This Agreement, the Privacy Policy and any other terms referenced in this Agreement constitute the entire agreement between you and Company with respect to your access and use of this Site and Company’s services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Company with respect to this Site or Company’s services. The failure of Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Applicable Law

This Site is controlled by Company from its offices within the State of California, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of California, USA, and applicable federal law, without regard to any conflict of law provisions. Company makes no representation that the content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute to the state and federal courts of the State of California and County of Los Angeles, USA.

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You acknowledge and agree that any violation of this Agreement may cause Company irreparable harm, and therefore agree that Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Company may have for a breach of this Agreement.

FIXMYLOVE, and several other marks, colors, and images are trademarks of FixMyLove, Inc. Other trademarks and brands are the property of their respective owners.