OKAYAMIGO TERMS AND CONDITIONS
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT
ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree tobe bound by all the terms set forth below, do not use this web site.
YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER ON OR USE THE OKAYAMIGO WEB SITE. ACCESS OR USE OF THIS SITE OR ITS CONTENTS BY ANY PERSON UNDER THE AGE OF 18 IS STRICTLY PROHIBITED.
Please read this Terms and Conditions Agreement (the "Agreement") carefully. The Agreement sets out the terms under which OkayAmigo.com services (the
"Services") are provided to you by OkayAmigo (also referred to as “we”) through the OkayAmigo.com web site (the
"Site"). By registering with the Site, you become a member of the Services (a "Member"). You agree to be bound by
this Agreement as long as you are a Member or access or use the Site.
We reserve the right, in our
sole discretion, at any time to change:
- the terms and conditions of this Agreement;
- the Site, including eliminating or discontinuing site content and/or features of the Site; and
- any fees or charges for using the Site.
Any changes we make will be effective immediately upon published notice, which may include
posting such changes on the Site or by e-mailing our subscribers
notice of such changes. Your continued use of the Site after such
published notice will be deemed acceptance of the changes. Be sure to
review this Agreement periodically to ensure your familiarity with
the most current version of this Agreement.
REGISTRATION. To become a Member you must register with us by providing accurate,
current and complete information about yourself as prompted by our
registration form ("Registration Data"). You are further
required to maintain and update your Registration Data 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 your use
of the Site. Upon registering, you will also need to provide us with
a profile of yourself by answering certain questions relating to your
likes, dislikes and personality (the “Profile”).
The minimum age at which you may become a Member is 18 years. By becoming a Member, you represent and
warrant that you are at least 18 years of age.
OkayAmigo may terminate your membership at any time, for breach of this Agreement or for any
reason in our sole discretion. You may terminate your membership at
any time, for any reason, by logging in to the Web site, clicking on
the “Help” link and following the posted instructions.
However, please note that all membership fees paid are nonrefundable.
Certain provisions of this Agreement will survive termination of
your membership to the Service or your use of the Site, including,
without limitation, indemnifications, disclaimers, and limitations on
liability.
Your membership in the Service solely is for your personal use. You may not authorize others to use
your membership nor may you assign or otherwise transfer your
membership to any other person or entity. This Site may not be used
in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not become Members and should not
use the Service or the Site for any purpose. Illegal and/or
unauthorized uses of the Site, including collecting usernames and/or
e-mail addresses or Members by electronic or other means for the
purpose of sending unsolicited e-mail, will be investigated, and
appropriate legal action will be taken, including, without
limitation, civil, criminal and injunctive redress.
USERNAME AND PASSWORD. As part of the registration process, you will be asked to select a
username and password. We may refuse to grant any username, at our
sole discretion, including, without limitation, any username 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. If you have reason to
believe that your account is no longer secure, you must promptly
change your password by updating your Registration Data after logging
on to the Site, and immediately notify us by e-mailing us at
support@okayamigo.xyz
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR PASSWORD AND RESTRICTING ACCESS TO YOUR COMPUTER SO THAT OTHERS
MAY NOT ACCESS THE PASSWORD PROTECTED PORTIONS OF THE SITE USING YOUR
NAME IN WHOLE OR IN PART AND FOR ALL ACTIVITIES THAT ARE CONDUCTED
THROUGH YOUR ACCOUNT.
ONLINE CONDUCT. As a Member, you agree that:
- you are solely responsible for the content and information you publish or display (hereinafter "post") on the Service, or transmit to other Members;
- you will use the Service in a manner consistent with all applicable laws and regulations. You will not post on the Service, or transmit to other Members any defamatory, inaccurate, abusive, obscene,
profane, offensive, threatening, harassing, racially offensive, illegal, pornographic, or otherwise inappropriate material, or material that infringes or violates another party's rights including,
but not limited to, intellectual property rights, rights of privacy and publicity. Therefore, in the event any submissions you make to the Web Site include any third party names or images or any locations
or other materials that require third party permissions, you represent and warrant that you have obtained the necessary permissions from such parties and have the right to grant us the
right to use such third party names and images, locations and other materials as set forth herein. In addition, you will not include in your Profile any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any
third person, and you will not post any photographs or other images containing nudity or any restricted content. OkayAmigo reserves the right, but has no obligation, to reject, remove or edit any Profile,
photograph, image or other submission that does not comply with these standards. Please notify us of any material contained at the Site that you believe breaches this Agreement. Such notification is to be
made in writing and mailed via snail mail (U.S.P.S.) to OkayAmigo, 1220-G Airport Freeway #447 Bedford, TX 76022 or by sending an e-mail to support@okayamigo.xyz
- you will not impersonate any person or entity;
- you will not "stalk" or otherwise harass any person;
- you will not use the Site to solicit other Members to buy or sell any products or services;
- you will not transmit any chain letters, spam or junk e-mail to other;
- you will not express or imply that any statements you make are endorsed by us;
- you will not harvest or collect personal information about other Members without their express consent;
- you will not use any robot, spider, site search/retrieval application, 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 written 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, the Site, 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, hardware or telecommunications equipment;
- 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," "mirror" or "spoof" any part of the Site. You also shall not use metatags, code or other devices containing any reference to OkayAmigo.com or the Service or the Site in order to
direct any person to any other Web site 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; and
- you are solely responsible for your interactions with other Members. OkayAmigo reserves the right, but has no obligation, to monitor disputes and communications between you and other Members.
COMMUNITIES: The Web Site will contain private communities that you may create for
your personal use. If you create a community, you will be the
community leader. Other users may access a community only upon the
invitation of the community leader. Community leaders will be solely
responsible for any postings, conduct or other content on his/her
community and will have the right to reject, remove or edit content that is posted within his/her community.
OkayAmigo is not responsible for any postings, conduct or other
content on any such community.
INDEMNITY BY MEMBER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, including
LIQUIDGENERATION, INC. and Comstock Data Mining, Inc., AND EACH OF
OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND MARKETING PARTNERS AND
REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED PARTIES”)
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 OR VIOLATION OF ANY LAW; (II) ANY ALLEGATION
THAT ANY MATERIALS THAT YOU SUBMIT TO US OR TO OTHER MEMBERS 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; (III) YOUR ACTIVITIES IN CONNECTION WITH
THE SITE; AND/OR (IV) OKAYAMIGO’S USE OF YOUR REGISTRATION DATA
OR PROFILE. 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 and/or content made available through the Service are those of their
respective Member-author and not of OkayAmigo and should not
necessarily be relied upon. Such Members are solely responsible for
such content. OkayAmigo 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
and/or reliability of any opinion, advice or statement made. Under no
circumstances will OkayAmigo 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.
LINKING. This Site contains intellectual property that is protected from
unauthorized use, copying and dissemination by U.S. copyright,
trademark and other laws. If you link to this Site, we require that
you follow these guidelines. The link to this Site must not damage,
dilute or tarnish the goodwill associated with any OkayAmigo names
and/or intellectual property, nor may the link create the false
appearance that your web site and/or organization is sponsored,
endorsed by, affiliated and/or associated with OkayAmigo. Under no
circumstances may you “frame” this Site or alter its
intellectual property in any other way. OkayAmigo reserves the
right, in its sole discretion, to terminate a link with any web site
that it deems inappropriate or inconsistent with this Site and/or
this Agreement.
The Site may contain links to other Internet web sites and resources. We neither control nor endorse such
other web sites, nor have we reviewed any content that appears on
such other web sites. 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 Web sites or for the operation or
policies of any such web sites, or for any loss or damages caused or
alleged to have been caused by the use of or reliance on any such web
sites or such content or other information.
INFORMATION POSTING.
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. OkayAmigo is not responsible for the use of
any personal information that you choose to disclose on the Service.
Please carefully select the type of information that you post on the
Service or release to others.
OkayAmigo reserves the right, but has no obligation, to monitor the materials posted in any area of the Service. OkayAmigo shall have the right,
but not the obligation to, remove or edit any material that violates
or is alleged to violate the law or this Agreement. Notwithstanding
these rights of OkayAmigo, you remain solely responsible for the
content you post in any area of the Site and your private e-mail
messages. E-mails sent between you and other Members are not readily
accessible to the general public.
PROPRIETARY RIGHTS. OkayAmigo 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 OkayAmigo 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 OkayAmigo you grant, represent and warrant
that you have the right to grant OkayAmigo and Members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license
to use, copy, perform, display and distribute such information and
content. Furthermore, you authorize that anyone may prepare
derivative works, or incorporate into other works, such information
and content and grant sublicenses of the aforementioned material.
INFORMATION SUPPLIED BY MEMBER. We will respect your personal information and undertake to comply with all applicable data protection laws and privacy laws of the
United States of America. Please also review the terms of the
Privacy Policy of the Site.
DISCLAIMER OF WARRANTY. OKAYAMIGO PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR
STATUTORY, OR THOSE ARISING OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OF TRADE, IN ANY COMMUNICATION WITH OKAYAMIGO OR ITS
REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE
SITE. OKAYAMIGO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
OKAYAMIGO 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. OKAYAMIGO DISCLAIMS LIABILITY FOR, AND
NO WARRANTY IS MADE WITH RESPECT TO, TELEPHONE OR OTHER SERVICE,
INCLUDING, WITHOUT LIMITATION, COVERAGE, RANGE, OR ANY INTERRUPTION
IN TELEPHONE OR OTHER SERVICE, COMPUTER ONLINE SYSTEMS, SERVERS OR
PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF E-MAIL,
INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGE TO USERS AND/OR
MEMBERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR
RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION
WITH THE INTERNET AND/OR IN CONNECTION WITH THE SERVICE OR THE SITE.
LIMITATION OF LIABILITY. IN NO EVENT WILL OKAYAMIGO OR THE AFFILIATED PARTIES BE LIABLE (i) TO YOU FOR ANY DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE
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 OKAYAMIGO OR ITS AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES; OR (ii) TO ANY PERSON OTHER THAN YOU. OKAYAMIGO IS NOT
RESPONSIBLE FOR THE CONDUCT OF ANY USE OR MEMBER OF THE SITE, WHETHER
ONLINE OR OFFLINE. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT
SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS
OKAYAMIGO'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 OKAYAMIGO FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS,
AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE
MAY NOT APPLY TO YOU.
BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT
ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH
WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY
EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF
CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH
PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNKOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
In addition, OkayAmigo 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.
OkayAmigo makes no representation or warranty whatsoever regarding
the completeness, accuracy, currency or adequacy of any information,
facts, views, opinions, statements or recommendations contained on
this Site. Reference to any product, process, publication or service
of any third party by trade name, domain name, trademark, service
mark, logo, manufacturer or otherwise does not constitute or imply
its endorsement or recommendation by OkayAmigo. Views and opinions
of users of this Site do not necessarily state or reflect those of
OkayAmigo. Users are responsible for seeking the advice of
professionals, as appropriate, regarding the information, opinions,
advice or content available at this Site.
COMPLAINTS. To resolve a complaint regarding the Service or the Site, you should first contact OkayAmigo.xyz Customer Support at
support@okayamigo.xyz
APPLICABLE LAW AND CHOICE OF FORUM. OkayAmigo operates this Site in the United States. Information
contained on this Site may not be appropriate or available for use in
other locations, and access to this Site from territories where the
content of the Site may be illegal is prohibited. If you access this
Site form other locations, you do so on your own initiative and you
are solely responsible for compliance with applicable local laws.
This Agreement shall be construed and enforced in accordance with the
laws of the State of Illinois, without regard to its conflicts of law
principles and will specifically not be governed by the United
Nations Conventions on Contracts for the International Sale of Goods,
if otherwise applicable. All actions, proceedings or litigation
brought by a Member or user on behalf of the Member or user shall be
instituted and prosecuted in either the state or federal courts
located in County of Cook, Illinois. The parties acknowledge their
agreement that the state and federal courts sitting in the County of
Cook, Illinois shall be the exclusive forum for all actions,
proceedings or litigation between or among the parties and the
subject matter, and that service of process shall be valid if in
compliance with Illinois Law. Any cause of action with respect to
this Agreement and/or your use of this Site must be brought by you
within ninety (90) days after the occurrence of the facts giving rise
to the cause of action, otherwise the cause shall be forever barred.
No software from the Site may be downloaded, exported or re-exported: (i) into (or to a national or
resident of) any countries that are subject to U.S. export
restrictions; or (ii) to anyone on the U.S. Treasury Department’s
list of Specially Designated Nations or the U.S. Commerce
Department’s Table of Deny Orders. You represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country on any such list.
This Agreement, including the Site’s Privacy Policy, accepted by you upon accessing or using
the Service, contains the entire agreement between you and OkayAmigo
regarding the Service and the Site. OkayAmigo If any provision of
this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You certify that you have fully read and understand this Agreement and agree to be bound by this Agreement.