The following describes the terms on which hitameeting.com offers you access to our
website and services.
Hitameeting.com provides its website and services (“Service”) subject to the terms
of service set forth in this Terms of Service Agreement (“Agreement”). A statement
of our privacy policy may be found at
http://www.hitameeting.com/PrivacyPolicy.aspx. We may amend this Agreement
at any time or times by posting the amended terms on our website. All amended terms
shall automatically be effective to existing users 30 days after they are initially
posted on our website and effective immediately to users registered after amendments
are posted. This Agreement is effective for all users of our Service.
General hitameeting.com is based in Scottsdale, Arizona, USA. hitameeting.com
provides a directory for 12 step meetings in the United States, and assumes content
is to be downloaded inside the United States. Any access to hitameeting.com from
outside of the United States may be defined as illegal by the governing body of
certain regions/countries. Access to hitameeting.com from outside of the United
States will be at the users own risk and the user is responsible for determining
compliance with laws of your region/country. hitameeting.com does not endorse any
vendor nor recommends any specific 12-meetings, nor will it guarantee results or
success for attending meetings found on our website.
Privacy Protection for Children. In compliance with the Children’s Online
Privacy Protection Act (COPPA), hitameeting.com will not knowingly provide service
to persons under the age of thirteen (13). If hitameeting.com later learns that
any subscriber is under the age of thirteen (13), we will take appropriate steps
to remove and will restrict access to our Web site. hitameeting.com is committed
to defending the privacy of adolescents. This site is not aimed to attract adolescents
under the age of 13. We do not collect identifiable information from any person
we know to be under the age of 13.
Your Information. “Your Information” is defined as any information posted
or other material you provide (directly or indirectly), including the use of our
Service, in any public message board (to include the personal introduction or each
topic group) or through email. You are solely responsible for Your information,
and we act as a passive conduit for your online distribution and publication.
Any of Your information that, through the use of our Service or otherwise which
you submit or make available for inclusion on publicly accessible areas of our website
is referred to as “Public Information” (your name (if provided) and location are
considered Public Information); any other portion of Your Information shall be referred
to as Private Information. Publicly Accessible areas (for example: chat rooms) of
our website are those areas that are available to either some or all of our members
(i.e. not restricted to your viewing only) or to the general public.
You and not hitameeting.com are entirely responsible for all of your information.
We do not control information posted by you or other users and do not guarantee
the accuracy, integrity or quality of your information or the information of or
posted by other users. Or do we endorse any opinions expressed by you or other users.
You understand we do not have any obligation to monitor, nor do we take responsibility
for your information, public information or information of or posted by other users.
You agree that under no circumstances will hitameeting.com, its directors, officers,
shareholders, employees, agents, advisors, affiliates, subsidiaries or its third-party
partners will be liable in any way for any information including, but not limited
to, for any errors or omissions in your information or the information of or posted
by other users, or for any loss or damage of any kind incurred as a result of the
use of your information or information of or posted by other users that is posted,
emailed, transmitted or otherwise made available in connection with our Service,
or for any failure to correct or remove information.
Legal Responsibility of hitameeting.com. hitameeting.com assumes no legal
responsibility for or involving the delay, failure, interruption, or corruption
of any data or other information transmitted in connection with the use of hitameeting.com.
In no instances shall hitameeting.com, its affiliates, its suppliers, or any third
party mentioned or assisting with the hitameeting.com website, be held responsible
for any damages (including but not limited to; incidental and consequential damages,
personal injury/wrongful death, lost profits, or damages resulting from lost data
or business interruption) resulting from the use or inability to use the hitameeting.com,
its affiliates, or its content, whether based on warranty, contract, tort, or any
other legal theory, and whether or not hitameeting.com is advised of possibility
of such damages. hitameeting.com is not responsible for any personal injury, including
death caused by misuse of its site and any information contained inside.
Indemnity. You agree to indemnify and hold hitameeting.com and its officers,
directors, shareholders, agents, employees, consultants, affiliates, subsidiaries
and third-party partners harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of
your representations and warranties or this Agreement or documents it incorporates
by reference, your use of Services, Your information, your violation of any law,
statement, ordinance or regulation or the rights of a third party, or your participation
in any event found on our directories and voluntarily chose to attend (to include
whether the claim or demand is due to or arising out of your transportation to or
form, attendance at, or the actions of you or other users).
Disclaimer of Warranties. Your use of our Service is at your sole risk. Our
Service is provided to you “as is” and on an “as available” basis. We specifically
disclaim all warranties and conditions of any kind, whether express or implied or
statutory, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We disclaim any warranties
regarding the security, reliability, timeliness and performance of our Service.
We disclaim any warranties for any information or so called “advice” obtained through
our Service or received through any links provided by our Service, as well as any
information or advice received through any links provided through our Service. In
addition, no information or advice (written or oral) obtained by you from us shall
create any warranty. You understand and agree that you download or otherwise obtain
material or data through the use of our Service at your own discretion and risk
and that you will be solely responsible for any damages to your computer system
or loss of data that results from the download of such material or data.
Limitation of Liability. You agree that in no event shall hitameeting.com
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 arising out of or in connection with our Service
or this Agreement or the inability to use our Service (however arising, including
negligence) arising out of or in connection with Third Party Transaction or arising
out of or in connection with your use of our Service or transportation to or from
any meeting found on our Service. Our liability to you or any third parties in any
circumstances is limited to the greater of (a) any amount of fees, if any, paid
to hitameeting.com in the twelve (12) months prior to the action giving rise to
alleged liability, and (b) $50. You and hitameeting.com each agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to the use of our Service or this Agreement must be filed within twelve
(12) months after the claim or cause of action arose or be forever barred. Exclusions.
Some jurisdictions do not allow the exclusion or limitation of certain warranties
or of incidental or consequential damages. Accordingly, some of the limitations
in this Agreement doe not apply to you.
Links and Ads hitameeting.com does not endorse the content found on any third-party
websites, or advertisements. We may provide, or third parties may provide, links
to other websites or resources. Because we have no control over such websites or
resources, you acknowledge and agree that we are not responsible for the availability
of such websites or resources. hitameeting.com is not liable for information found
on third-party websites or advertisements. The use of third-party websites and advertised
links are at the users own risk, and the users are bound by the third-party websites
and advertisements Terms of Service agreement(s). hitameeting.com assumes no liability
for the accuracy or content found at such sites. hitameeting.com does not endorse
any product advertised on its website, nor are we responsible or liable for any
content, advertising, products or other materials on or available from such websites
and resources. You also acknowledge and agree that hitameeting.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such websites or resources.
Proprietary Rights. You acknowledge and agree that our Service contains proprietary
and confidential information that is protected by applicable intellectual property
and other laws. You also acknowledge and agree that content contained in sponsor
advertisements or information presented to you through our Service or advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as consented to by hitameeting.com or advertisers in writing,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on our Service, in whole or in part.
No Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of our Service, use of our Service or access
to the Service for any sales of goods or services or promotion of a company, good
or service unrelated to the topic or spirit or hitameeting.com.
Release. Because we do not supervise or control any services listed on our
directory or interactions among or between users and other persons or companies,
and because we are not involved in any way with physical transportation to or from
these gatherings or with the actions of any individuals at any meets, gatherings
or events, and because we do not control Paypal, credit card companies or other
payment processing companies, and because we cannot guarantee the true identify,
age, nationality of Service users, and because we have very limited control, if
any, over the quality, safety, morality, legality, truthfulness or accuracy of various
aspects of the Service you agree that you bear all risk and you agree to release
hitameeting.com (and its officers, directors, shareholders, agents, employees, affiliates,
subsidiaries and third-party partners) from claims, demands and damages (actual
and consequential) of any kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, now and in the future, arising our of or in any way connected
with your use of the Service, your third-party transactions, any disputes among
users, and/or your transportation to or from, attendance at, or the actions of you
or other persons at any event you chose to attend from use of our Service. You further
3waive any and all rights and benefits otherwise conferred by any statutory or non-statutory
laws of any jurisdiction that would purport to limit the scope of a release or waiver.
You waive and relinquish all rights and benefits you have or may have under Section
1542 of the Civil Code of the State of California or similar provision of the statutory
or non-statutory law of any other jurisdiction (including without limitation the
states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully
waive all such rights and benefits.
Incorporated by Reference. Our privacy policy statement (http://www.hitameeting.com/privacy/
is incorporated herein by reference. We may change our privacy policy statement
at any time or times and our changes are effective after we have provided you with
at least thirty (30) days notice as provided in our privacy policy statement.
Entire Agreement. This Agreement contains the entire agreement between you
and hitameeting.com and supersedes any prior agreements between you and hitameeting.com.
To the extent that you have provided Your Information, this Agreement now governs
how your information is used hereto with respect to the subject matter contained
herein. There are no promises, covenants, or undertakings other than those expressly
set forth herein.
Severability. If any provisions of this Agreement shall be held by any Court
of competent jurisdiction to be illegal, invalid or unenforceable, the remainder
of the Agreement shall not be affected by such decision, and the remaining provisions
hereof shall be enforceable as if such illegal, invalid or unenforceable provision
were never a party hereof.
Binding Effects: Benefits. This Agreement shall be binding upon and shall
operate for the benefit of the parties and their respective executors, administrators,
successors and assigns.
Interpretation of Agreement. The parties acknowledge that this Agreement
is the product of mutual efforts by the parties and their respective agents. This
Agreement shall be interpreted neither more favorable in favor of one party, nor
less favorably in favor of another party.
Headings/Titles. Headings or titles in this Agreement are for convenience
only and shall not be used to interpret or construe its provisions.
Governing Law. This Agreement shall be governed by the laws of the State
of Arizona (without regard to the laws that might be applicable under principles
of conflicts of law) as to all matters, including, but not limited to, matters of
validity, construction, effect and performance.
No Guaranty. We do not guarantee continuous, uninterrupted or secure access
to our Service, and operation of our website may be interfered with by numerous
factors outside of our control.
No Waiver. Failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision and hitameeting.com
does not waive its right to act with respect to subsequent or similar breaches.
Assignment. You agree that this Agreement, all rights herein, and all incorporated
agreement may be automatically assigned by hitameeting.com in our sole discretion,
to one or more parties in the event of a merger, acquisition, corporate reorganization,
sale or all or substantially all of hitameeting.com’s assets, or similar transaction.
Communications. You understand and agree that we may send you certain communications,
such as service announcements, newsletters and other administrative messages, and
that these communications are considered to be part of our Service. Your ability
to opt out of these communications, if any, will be governed by our privacy policy.
(http://www.hitameeting.com/PrivacyPolicy.aspx)
|