Last revised on Feb. 15, 2012
Services of the site. This website allows you to search for and potentially connect with other users of the website and for other users to search for you, users like you, and to connect with you through various methods. As a Subscriber, you will be enabled to search for persons matching particular criteria and attempt to contact them. As a Subscriber, you likewise will be revealed in searches conducted by other users of the website. Subscriber is aware of the sensitive nature of information he or she is releasing to others using the website but, despite the sensitive nature of that information, Subscriber desires to accept these terms and use this Website to further Subscriber's desire to meet other adults. SUBSCRIBER UNDERSTANDS THAT PBD DOES NOT: (I) CONDUCT ANY CRIMINAL OR OTHER BACKGROUND CHECK ON SUBSCRIBERS OR USERS; (II) CROSS CHECK USERS/SUBSCRIBERS AGAINST ANY SEX OFFENDER DATABASE; (III) CONFIRM OR REVIEW HEALTH HISTORY OR MEDICAL CONDITIONS DISCLOSED BY SUBSCRIBERS OR USERS; OR (IV) CONDUCT ANY FORMAL OR INFORMAL INTERVIEW WHATSOEVER OF SUBSCRIBERS OR OTHER USERS OF THE WEBSITE. SUBSCRIBER USES THIS WEBSITE AT HIS OR HER OWN RISK AND REPRESENTS AND WARRANTS TO PBD THAT SUBSCRIBER WILL EXERCISE REASONABLE CAUTION IN HIS/HER CONTACT, INCLUDING BUT NOT LIMTIED TO EXCHANGE OF PERSONAL INFORMATION, IN-PERSON AND TELEPHONIC MEETINGS, AND SEXUAL CONTACT, WITH ANY PERSON SUBSCRIBER MEETS OR MAKES CONTACT WITH THROUGH OR IN RELATION TO USE OF THIS WEBSITE. SEE SECTION 4(D) ABOUT CONTACT WITH OTHER SUBSCRIBERS.
Electronic Form and Agreement; Email Communication.
Electronic Agreement. You consent to having this Agreement provided to you in electronic form. You have a right to receive a non-electronic version of this Agreement. If you desire to receive a hard copy print of the current copy of this Agreement, request a hard copy by email request or by mailing a self addressed stamped envelope to HeyThere™, 10645 N. Tatum Blvd. Suite 200-338, Phoenix, AZ 85032. You understand that modifications to the Agreement will be posted on the website and become effective upon posting on the website. If you request a hard copy of this Agreement and the Agreement is subsequently modified, you will not automatically receive a hard copy of the modified Agreement. It may be helpful to reference any "last revised" date on the Agreement to determine whether you have received and/or reviewed the most recent modifications to the Agreement. To retain a copy of this Agreement, print it or copy and save it to any word processing program. PDB will notify you through the website and/or email of any changes in the hardware or software necessary to access the website. If you wish to withdraw your consent to have this Agreement delivered to you in electronic form, discontinue use and request a hard copy of the Agreement in the manner described just above. You may only recommence use of this Website after providing a signed hard copy of this Agreement to us by mailing the Agreement to HeyThere™, 10645 N. Tatum Blvd. Suite 200-338, Phoenix, AZ 85032. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal. Your username and password may be disabled during the period between your withdrawal of consent to electronic delivery of the Agreement and our receipt of your signed hard copy Agreement. Client should make a point to send new hard copy of revised terms to anyone who mails in a signed agreement. In order to receive any notifications regarding changes in terms, Subscriber represents and warrants to PBD that he/she will provide accurate contact information, including mailing address and email address, to PBD. Subscriber will timely notify PBD of any changes in that contact information.
Email Communication. By creating a Profile or otherwise provide your email address to PBD, you give your consent and agree that PBD may contact you by email, both for administrative issues such as changes in the terms of the Subscriber Agreement, privacy issues, billing, and other notices and for communication concerning your activity on the website, contact with, from, or to other Subscribers.
Your Use of the Website.
Noncommercial use. You may only use the website for personal, noncommercial purposes. Only natural persons may be users or subscribers and organizations and businesses of any type are prohibited from using this website for any purpose. Unauthorized use entitles PBD to terminate subscriptions and other use by disabling user names and passwords and retain and collect all amounts of the Subscription Price owed for the then-current term of the subscription. Use of this website for linking to another website, to send unsolicited messages, to collect information about other users or subscribers, or for any business purpose is strictly prohibited. In all instances and as to all users and subscribers, PBD's permission to use this website may be revoked in PBD's sole and absolute discretion for any reason or without reason at any time.
Security. You are responsible for maintaining the confidentiality of the username and password that you designate for use on the website and with any PBD service. You will immediately notify PBD of any unauthorized use of your username or password or any other breach of security. You will ensure that you completely log off from your account at the end of each session. PBD is not liable for any loss or damage arising from your failure to comply with this provision. You will use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information and accept the risk that your username and/or password and other personal information could potetntially be interecepted by a third party by your use of public or shared computers or access of the internet through a shared or unsecured wireless network.
Access. In order to use this website, you are responsible for obtaining and paying for hardware, software, services, and all other items necessary to access website, including but not limited to a computer, internet service, and modem.
Contact with Other Subscribers/Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SUBSCRIBERS/USERS. IN NO EVENT IS PBD 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 OR ACCESS TO THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER WEBSITE USERS/SUBSCRIBERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. FURTHER, PRIOR TO INITIATING OR VIEWING ANY CONTACT BETWEEN ANOTHER USER/SUBSCRIBER AND YOU, YOU WILL READ PBD'S SAFETY TIPS. PBD IS NOT LIABLE OR IN ANY WAY RESPONSIBLE FOR YOUR CONTRACTION OF ANY DISEASE, WHETHER OR NOT DISCLOSED TO YOU. YOU REPRESENT AND WARRANT TO PBD THAT YOU WILL EXERCISE REASONABLE CAUTION BEFORE CONSENTING TO PHYSICAL AND SEXUAL CONTACT WITH ANY PERSON AND THAT YOU, BY CONSENTING TO PHYSICAL OR SEXUAL CONTACT, ACCEPT ALL RISK ASSOCIATED WITH EXPOSING YOURSELF TO THAT CONTACT. PBD MAKES ABSOLUTELY NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE, THE TRUTH OF INFORMATION PROVIDED BY THAT INDIVIDUAL (THROUGH HIS OR HER PROFILE OR OTHERWISE). YOU SHOULD NEVER PROVIDE ACCOUNT OR CREDIT CARD INFORMATION TO ANOTHER USER/SUBSCRIBER.
Appropriate Conduct by You. You are solely responsible for the content that you publish or display on the website (hereinafter, "post") and transmit to other users/Subscribers. You will not post or transmit to other users/subscribers, any defamatory, untruthful, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal material, or any material that infringes on or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to PBD or to any other user/subscriber. PBD may review and delete any content, messages, double-blind emails, photos or Profile content, in each case in whole or in part, that PBD determines, in its sole and absolute discretion, violates this Agreement or is distasteful, offensive, illegal, or that might violate the rights, harm, or threaten the safety of user/subscribers.
Prohibited Content. PBD reserves the right to investigate and take appropriate legal action, as it determines desirable in its sole and absolute discretion, against anyone who posts sends or disseminates in any fashion, content that is prohibited by PBD. Content that is prohibited by PBD, on the website and all PBD facilitated communication, includes but is not limited to communication and materials:
is violent or harassing or incites violence or harassment;
violates the intellectual property rights of any person;
constituting unsolicited contact that is "junk mail" or "spam";
patently offensive (such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual);
seeking to obtain private information such as account numbers, passwords, usernames, and the like;
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
disseminated for purposes of deceiving any person or people, including that containing hidden images or utilizing information gathering techniques;
sent for commercial or business purposes;
advertisement of any good or service;
sent with the intent to spread a computer virus or the like; and
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
Rules of Conduct. You will abide by the following "Rules" in using the website and any other materials made available to you by PBD or its agents:
Your Profile will be complete, accurate and timely updated in the event of changes to your personal information.
You will not impersonate another person or business or stalk or harass another user/subscriber.
Your Grant of License to PBD . By posting Content to any public area of the website, you automatically grant, and you represent and warrant that you have the right to grant, to PBD, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public posting and use of your content by PBD will not infringe or violate the rights of any third party.
Conduct, Communication, and Postings of other Subscribers/Users. PBD is not responsible for the content, or accuracy of content, contained in Profiles, messages, or other postings or communication by any user or subscriber through the website. PBD is not responsible for the online or offline conduct of any user or subscriber of the website. PBD assumes no responsibility for, and rather you accept and assume all responsibility for and risk of: (i) any interruption, deletion, or delay in communications between users/subscribers; (ii) any delay, unavailability or other problem impeding or preventing your access to the website, whether created by matters under the control of Subscriber, PBD, or any third party. Under no circumstances will PBD be responsible for any loss or damage, including loss of employment or other means of compensation, personal injury or death, resulting from anyone's use of the website, any Content posted on the website or transmitted to any one or more users and/or subscribers, or any interactions between users/subscribers of the website, whether online or offline. The website is made available to you "AS-IS" and PBD expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Given the nature of the website and the services provided by PBD, PBD does not and cannot guarantee or promise any specific results from use of the website. PBD does not endorse postings of users or subscribers, and the postings of any user/subscriber do not necessarily reflect the views of PBD. While PBD reserves the right to review any communication disseminated through its website and contact system, PBD may elect not to review any such communication and has no obligation to review any or all of that communication.
Disclaimer and Entertainment Purposes. PBD does not represent expertise in any field. No information, advertisements, or other content that PBD makes available to you, by email, through the website or otherwise, is intended to be or replace professional or expert treatment or advice on medical, psychological, legal, or financial issues. Rather, information and content made available to you by PBD is for entertainment purposes only.
Intellectual Property Rights. PBD holds all copyright and other intellectual property rights as to the content of the website. You may not reproduce, copy, or distribute these materials in any manner without the prior written consent of PBD. Further, you will not post or display on the website any materials to which another person holds the intellectual property rights.
Eligibility requirements. You represent and warrant to PBD that you are at least 18 years of age and that you are divorced, separated, single, or widowed. Use of this website as a Subscriber, user, or otherwise is void where prohibited. No software may be downloaded from the website or otherwise exported into a country to which the United States has embargoed goods. By using the Website, you represent and warrant to PBD that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. By signing up as a subscriber of the website, you further represent and warrant to PBD that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. You agree to fully respond to all questions and prompts for information in the preparation of your profilw.
Consent and release of Profile. As a user of this website, you fully consent to PBD's release of your Profile to other subscribers, trial members or subscribers, users of the website, and to other persons who access the website but are not formal users of, subscribers to, or members of the website. Meaning, various profiles and images, which may include Subscriber's Profile and/or pictures, may be available to internet users who merely access the website by going to www.HeyThere™.net. Subscriber specifically acknowledges the necessity of this type of release of the Subscriber's and other subscribers' profiles in order to demonstrate the website's utility and attractiveness to potential subscribers. Your "Profile" is defined as all information you input into the website. Your profile will be available to viewers in local, national, and international geographic areas.
Subscriber Interaction. You are solely responsible for your interactions with other PBD Subscribers and users. PBD reserves the right, but has no obligation, to monitor communication and disputes between you and other subscribers and users.
No guarantee of minimum subscribers. PBD does not guarantee any minimum number of total subscribers or minimum number of subscribers in a particular geographic area, with any particular medical condition, or meeting any other criteria.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement or Subscriber's use of the Website is binding arbitration administered by the American Arbitration Association. You may not under any circumstances commence or maintain against PBD any class action, class arbitration, or other representative action or proceeding.
Notice of Rights. By using the Website in any manner, you agree to the above arbitration agreement. Consequently, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert any claim against PBD or defend against any claim PBD asserts against you. FURTHER, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR OTHER CLASS PROCEEDING AGAINST PBD OR RELATED ENTITIES. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator may grant any relief able to be granted by a judge. Arbitration proceedings, however, are typically simpler and completed in less time than judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For information about the American Arbitration Association, visit www.adr.org.
Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against PBD (except for small-claims court actions) may be commenced only in the federal or state courts located in Maricopa County, Arizona. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law. This Agreement, and any dispute between you and PBD, shall be governed by the laws of the state of Arizona without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Amendments. This Agreement contains the entire agreement between you and PBD regarding your access and use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement continues in full force and effect. This Agreement is subject to change by PBD at any time without notice. If you are a non-subscribing user at the time of any change, the revised terms will be effective upon posting on the website and your use of the website after such posting will constitute your acceptance of the revised Agreement. If you are a subscriber at the time of any change, this Agreement will continue to govern your subscription until such time that you cancel your subscription as contemplated by Section 3. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you cancel your subscription and then recommence use of the Website under that or a new subscription, your use of the website after your cancellation will constitute your acceptance of the Agreement.
Third party beneficiaries. This Agreement, unless specifically stated otherwise above, does not create any third party beneficiaries.
Indemnity from Subscriber to PBD. If PBD or its agents, officers, employees, partners, or affiliates suffers ("PBD Related Parties") from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website or contact made in connection with the website, you will indemnify and hold harmless PBD and/or the PBD Related Parties, as applicable.
Limitation on liability. Unless unenforceable or prohibited by applicable law, PBD is not, in any circumstances including where PBD has notice of such potential damages, liable to you for consequential or indirect damages including any loss of profits or compensation due to your use of the website. Without diminishing the effect of the preceding sentence, in the event PBD is determined by a court of competent jurisdiction to have liability to you, PBD's liability is limited to the amount, if any, you have paid to PBD for use of the website.