OF LIKE HEART & MIND, LLC

The Entire Contents of this Document Should be Regarded as
"The Service Agreement", but not limited to, and including, the following:

PRIVACY STATEMENT(1)
COPYRIGHTS, INTELLECTUAL PROPERTY &
TRADEMARKS, PRODUCTS & RELATED PROGRAMS(2)
TERMS & CONDITIONS OF SERVICE, THE USER AGREEMENT(3)

Privacy Statement(1)
Collection of Personal Information
from what will hereinafter be known as a "Member" will be performed on a voluntary basis, where requested by what will hereinafter be known as "The Company", a wholly owned Limited Company, whose legal name as formed in the State of Delaware is "Of Like Heart & Mind, LLC". Acquisition of this information will be secured via an operating condition known as a "Website" and will be clearly identified, wherever requested, with the identifying marker (*). This marker will be footnoted in the text of the pages wherever it appears with the statement: Information supplied wherever an asterisk appears adjacent to the requested information, will not viewed by or any time supplied to individuals who will hereinafter be indicated by a term known as "Users" and or "Members" of the site. This information is considered "Restricted". This information may include Member's legal name, address, telephone number(s), e-mail address, Member name or "screen name", areas of interest, password, method of payment, and if applicable, credit card numbers. Of Like Heart & Mind, LLC reserves the right to request any additional information in establishing and maintaining Member's account for use of the "Restricted Information".

Disclosure of Information to Third Parties. Of Like Heart & Mind, LLC will not share, rent, sell or otherwise disclose personally identifiable information to third parties without obtaining User's consent. Of Like Heart & Mind, LLC will disclose to third parties only: a) information knowingly and voluntarily disclosed by Users as being disclosable to third parties; b) information to the financial institution that processes Members' credit card transactions; c) information that does not include personally identifiable information; and/or d) information that is publicly available. Additionally, through the use of third party Internet cookies, advertiser may be electronically notified when Users view or click on its advertisements.

Advertisements and Postings to Forums, Bulletin Boards and Chat Groups. All User advertisements and postings to public areas of the Of Like Heart & Mind, LLC Website including without limitation Forums, Chat Rooms and Bulletin Boards (collectively, the "Public Areas"), should be conducted using User's pseudonymous "screen name." All postings to the Public Areas become public and, therefore, care should be taken in disclosing personal information. Postings made in the Public Areas may not be changed or deleted by Users or Members. Users should never disclose personally identifiable information (including without limitation name, email address, phone number, and real world address) in the Public Areas. When communicating directly with another Member, Members may exchange personally identifiable information at Member's discretion. However, Users are strongly cautioned to be prudent in deciding whether and how to reveal personally identifiable information. Of Like Heart & Mind, LLC disclaims all liability for damages arising from User's disclosure of personally identifiable information. Any information disclosed to other Members or third parties, in the Public Areas, through email or outside of our system, can be used by others and may result in unsolicited email messages or other communication from third parties.

The User Access to Information Collected. Member may access his/her Registration Data at any time through the Member Profile section of the Of Like Heart & Mind, LLC Website. This area is password-protected. Once a Member registers, Member may review & change certain personally identifiable information such as email address, city, state, zip code and country, and the User profile. Please promptly update information as necessary.

Control of Password. Passwords should be: a) non-obvious; b) regularly changed; and c) not disclosed to any third parties. If a third-party learns of a password, the password's owner may lose control over his/her postings and/or personally identifiable information, and may be subject to legally binding actions taken on his/her behalf. If, for any reason, a password is suspected to have been compromised, it should be changed immediately. Member is responsible for maintaining the confidentiality of their account name, number, and password. User shall be responsible for all uses of their account, whether or not authorized by User. User agrees to immediately notify The Company of any unauthorized use of their account.

Lost or Stolen Information. If Member's credit card or password is stolen or used without Member's permission, Member should immediately notify Of Like Heart & Mind, LLC. Upon proper notification, Of Like Heart & Mind, LLC will cancel appropriate credit card number and/or password and update its records. Member may be unable to access certain services while Of Like Heart & Mind, LLC processes the change.

Of Like Heart & Mind, LLC's Right to Contact The User. Notwithstanding anything to the contrary herein, Of Like Heart & Mind, LLC reserves the right to contact Users regarding account status, changes to the Member agreement, privacy policy, or any other agreements or policies, or for any non-promotional reason.

Member Conduct. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through Of Like Heart & Mind, LLC. By way of example, and not as a limitation, you agree not to:

  1. Use Of Like Heart & Mind, LLC in connection with chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  2. Harvest or otherwise collect information about others, including email addresses, without their consent;
  3. Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
  4. Transmit through Of Like Heart & Mind, LLC unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
  5. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
  6. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  7. Violate any U.S. law regarding the transmission of technical data or software exported through Of Like Heart & Mind, LLC;
  8. Interfere with or disrupt networks connected to Of Like Heart & Mind, LLC or violate the regulations, policies, or procedures of such networks;
  9. Attempt to gain unauthorized access to Of Like Heart & Mind, LLC, other accounts, computer systems or networks connected to Of Like Heart & Mind, LLC, through password mining or any other means;
  10. Interfere with another member's use and enjoyment of Of Like Heart & Mind, LLC or another entity's use and enjoyment of similar services.
  11. Of Like Heart & Mind, LLC is an intangible product/service designed for heterosexual use. An example of this is that the site in its design does not request of its Members to divulge and make Public, the Member's sexual preference/identity. There is the additional limitation that when conducting a Search for other Members within our database, that the use of this feature only allows a search to be conducted as a Man Seeking a Woman and vice versa. Any individual who does not consider themselves strictly heterosexual from the standpoint of sexual preference and sexual identity should not use this service or attempt to make contact with Members of this service. In doing so, the individual will be in violation of our Terms & Conditions of Use. Of Like Heart & Mind will in no way will be held responsible and/or liable for any such violations.

    Of Like Heart & Mind, LLC's choice to design its product/service in the above manner, is in no way an act of sexual- preference-discrimination. The individual's choice to use this service is purely voluntary and adhering to the said guidelines of Use is likewise a voluntary requirement with the individual's full knowledge of the Terms & Conditions of Use. Of Like & Mind, LLC, therefore will in no way be held responsible and/or liable for any such claims of sexual-preference-discrimination.

Partners, Affiliates and Links. Of Like Heart & Mind, LLC is affiliated with many other sites, businesses and service providers, all of whom have privacy practices independent of Of Like Heart & Mind, LLC. Of Like Heart & Mind, LLC disclaims any responsibility or liability for any other sites' privacy policies or activities. Once a User clicks on an link within the Of Like Heart & Mind, LLC Website or utilizes or purchases any third party service or product, User may be entering a relationship with a third party or another website where Of Like Heart & Mind, LLC's privacy policy does not apply.

No Liability for Acts of Third Parties. Computers, computer networks and transmission made by means of the Internet and computer networks cannot be made absolutely secure. Of Like Heart & Mind, LLC will have no liability for damages arising from disclosure of information and/or registration data arising from: a) Member's disclosure of such information in public areas; b) Errors in transmission; c) Unauthorized acts, intrusions or interceptions; and/or d) Compliance with this Privacy Policy.

Disclosure in Event of Suspected Improper Use. Notwithstanding anything herein to the contrary, Of Like Heart & Mind, LLC shall be permitted to disclose information and Registration Data, including personally identifiable information, to third parties as follows: A) in response to a request by law enforcement authorities; B) in response to any court-ordered subpoena or other process under color of law; and/or C) when Of Like Heart & Mind, LLC reasonably believes that a User or Member has breached the terms of any agreement with Of Like Heart & Mind, LLC or a third party, violated the rights of any third party, or violated any law, statute or regulation.

Ownership of Information. All information collected, including Registration Data and Photos, is the property of Of Like Heart & Mind, LLC, and is subject to and protected by state and federal law. At absolutely no time will any of this information be improperly used for any reason by Of Like Heart & Mind. Pictures submitted to this web site will be used with the Member's profile only

Updates. Of Like Heart & Mind, LLC reserves the right to change or update at any time this Privacy Policy, or any other Of Like Heart & Mind, LLC policy or practice. Any changes or updates will be effective immediately upon posting to the Of Like Heart & Mind, LLC Website.

Copyrights, Intellectual Property Rights & Trademarks(2). The materials on this web site are Copyright Ó2001. All rights reserved. You are hereby authorized to view, copy, print and distribute these materials subject to the following conditions:

  1. The materials may be used for internal purposes only.
  2. Any copy of these materials or any portion thereof must include the above copyright notice.
  3. Of Like Heart & Mind, LLC also known herein and hereinafter as "The Company" may revoke or modify any of the foregoing rights at any time.

Any product, process or technology described in these materials may be the subject of other intellectual property rights reserved by Of Like Heart & Mind, LLC and are not licensed hereunder. Of Like Heart & Mind, LLC and the Of Like Heart & Mind, LLC logo are trademarks or registered trademarks of Of Like Heart & Mind, LLC.

Products & Related Programs. Of Like Heart & Mind, LLC may make improvements and/or changes in the products and/or programs described in this material at any time. Additionally, Of Like Heart & Mind, LLC makes no representations or warranties whatsoever about any other website which you may choose access through this website-a process also known as links. Links provided by Of Like Heart & Mind, LLC to such website are provided solely for your convenience and should not be deemed to imply that Of Like Heart & Mind, LLC endorses those Website, their functions or any contents therein. In no event will Of Like Heart & Mind, LLC be liable to any party for any direct, indirect, special or other types of consequential damages for use of this website or any other hyper linked website including specifically, but not exclusively, any list profits, business interruption or loss of data, even if Of Like Heart & Mind, LLC is expressly advised about the possibility of such damages.

Regarding submitting information to Of Like Heart & Mind, LLC, see our Terms and Conditions of Service for getting information. By transmitting to Of Like Heart & Mind, LLC information via this website or otherwise through electronic means, you grant to Of Like Heart & Mind, LLC an unrestricted irrevocable license to use, reproduce, display, modify, perform and distribute such information and Of Like Heart & Mind, LLC is free to use the information, including any ideas, know-how or techniques contained therein free of charge for any purpose whatsoever.

This website may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed.

TERMS & CONDITIONS OF SERVICE (also referred hereinafter as The Service)(3)

The User Agreement. Of Like Heart & Mind, LLC should solely be used for entertainment purposes. The following is a legal contract between you (hereinafter referred to as The User Of Like Heart & Mind, LLC (hereinafter referred to as The Company), which is a wholly owned subsidiary of the Of Like Heart & Mind, LLC Company. This contract (hereinafter referred to as The User Agreement) commences when you begin using The Company's service.

By signing up for The Company's service (Service), The User is confirming that he/she has read and does agree to abide by the Terms and Conditions of Service specified within this The User Agreement. Violation of any one of these terms could result in termination of your membership without refund.

By registering for The Company, The User confirms that he is at least 18 years of age. Those under the age of 18 are prohibited from using The Company's Service. The Company will not be responsible or held liable for any screening as to proof of The User's age.

The Company reserves the right to change prices and otherwise modify the Terms and Conditions of Service at any time upon notice to The User. The Company may modify or discontinue Of Like Heart & Mind, LLC (or User's account) with or without notice to any User, without liability to any User or any third party. The User has the right to terminate this The User Agreement at any time immediately after giving written notice.

The User will not post on The Company's Service or transmit to other Company members or employees any defamatory, inaccurate, fraudulent, abusive, offensive, obscene (including references to sex or body parts, animal or human), threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party's rights. In addition The User will not violate any state, copyright or trademark laws while using The Company's Service.

The User will not use The Company as an avenue for selling, advertising, recruiting for any product or any group. Nor will it be tolerated for The User to send e-mail SPAM, chain letters or what is generally considered "junk" e-mail.

The User will defend, indemnify and hold harmless The Company, its officers, directors, employees, agents and third parties for any claims, demands, losses, costs and expenses (including reasonable attorney fees) relating to or arising out of The User's or any other user of User's account, use of The Company's Service, including any breach by The User or any other user of User's account, of the terms of this Agreement, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.

The Company strongly recommends that The User remains anonymous while using The Company's Service. The User agrees to assume all of the risks associated with making himself or herself known to another The User also known hereinafter as a "Member" or acting in a state of "Membership". Last names, addresses of any kind, phone numbers, URL's, e-mail addresses, offensive-suggestive material or pictures will be interpreted as a violation of these Terms and Conditions of Service. No written language that The Company deems in any way offensive-suggestive will be tolerated. The Company reserves the right to discontinue The User's Service/Membership without refund, if following at least one (1) written-warning to The User, repeat offenses continue to occur. The User also agrees to hold harmless The Company should they involuntarily be subjected to material or language which they deem offensive. In addition The Company disclaims all liability, regardless of the form of action for the acts or omissions of other Members or The Users (including unauthorized the Users ("hackers") of The Company's Service.

In the event that The Company receives a complaint, The Company reserves the right to remove any and all material that is located on The Company's servers regardless of who authored or uploaded the material, to include discontinuance of The User Membership without refund.

The Company owns and retains proprietary rights in the Service. The Service contains the copyrighted material, trademarks and other proprietary information of The Company and its licensors.

By posting information or content to any public area of The Company The User automatically grants, represents and warrants that The User has the rights to grant The Company 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.

The Company will keep confidential all information supplied by The User to The Company, including credit card numbers and e-mail addresses, and shall use or disclose such information only for the purposes for which such information was collected, or as required by law, subpoena or court order. Child pornography or complaints of criminal activity will be forwarded to the proper law enforcement agency. The Company will comply with any court orders, summons, subpoena whether criminal or civil requesting information supplied by The User and only in this situation will a client's confidentiality be compromised.

The Company shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use The Company or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through The Company or resulting from unauthorized access to or alteration of user's transmissions or data including, but not limited to, damages for loss of profits, use, data or other intangible, even if The Company has been advised of the possibility of such damages.

Refund Policy. The Company's offer of a free trial period of thirty (30) days of The Service will be for a limited time only-with a fixed offering period from September 1, 2001 to October 1, 2001. If The User should choose to pay for Membership for continued use of The Service, said Membership can be terminated by The User at any time. The Company does not offer refunds for any unused portion of The Service Membership under any circumstances, with the exception of the following condition(s):

The Company fails to provide The Service as agreed in These Terms & Conditions of Service due to Technical Interruption and or Disruption caused by The Company or the resources used by The Company necessary to perform The Service for a period more than 10 business days. Under this condition, The Company reserves the right to perform whatever investigations they deem necessary to ensure The User has in no way caused said condition(s). The investigation period, should one arise, will not exceed a period of more than 90 days. However, if any time during or the completion of the investigation period, it is proven The User in any way caused or created the said condition, The Company reserves the right to deny a refund as well as assess and collect any monetary damages or cost incurred by such damages, including legal fees associated with any legal representation secured by The Company in defense of its claims.

The User agrees that Delaware law (regardless of conflicts of law principles) shall govern the Agreement and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in the applicable state. This Agreement, accepted upon registering for The Company's Service, contains the entire agreement between The User and The Company regarding the use of the Service. Unless otherwise explicitly stated, the Terms and Conditions of Service will survive termination of The User's Membership to the Service. If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect.

The user expressly agrees that use of The Company is at the user's sole risk. The Company is provided on an "as is" and "as available" basis. The Company expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

The Company does not make any warranty that The Company will meet the user's requirements or that The Company will be uninterrupted, timely, secure or error free; nor does The Company make any warranty as to the results that may be obtained from the use of The Company or as to the accuracy or reliability of any information obtained through The Company.

The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of The Company is at the user's own discretion and risk and that the user will be solely responsible for any damage to the user's computer system or loss of data that results from the download of such material and/or data. The Company does not make any warranty regarding any goods or services purchased or obtained through The Company or any transactions entered into through The Company.

To resolve a complaint regarding The Company's Service The User should first contact Of Like Heart & Mind, LLC via e-mail at: customerservice@OfLikeHeartandMind.com or call The Company at 703-329-3393.

Use of The Company's Service constitutes acceptance of these Terms and Conditions of Service.

To report a violation of these Terms and Conditions of Service to Of Like Heart & Mind, LLC, please send an e-mail to: violations@OfLikeHeartMind.com or call The Company at 703-329-3393.

 

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