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Terms of Use

Welcome to Phone Buddies! Phone Buddies (a site of the Bliss Wellness company) offers the coordination of recreational services via this web site. Phone Buddies does not provide psychotherapy services, nor do we arrange for the provision of psychotherapeutic services. The peer counseling sessions Phone Buddies helps members arrange are provided strictly for recreational purposes.

Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions.

Attention: This Site and these Terms and Conditions may be changed by Phone Buddies with or without notice. Please review this link on a regular basis for changes. Continued use of this web site following any change constitutes your acceptance of the change. This page was last updated on: 4/16/06

Terms and Conditions
All information and services on this worldwide web site (together with the underlying HTML source files that implement the hypertext features) may be used solely under the following Terms and Conditions. Phone Buddies may revise these Terms and Conditions at any time by updating this posting. Your continued use of the Phone Buddies web site constitutes your binding and continued acceptance of these Terms. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Phone Buddies in any way, your only recourse is to immediately discontinue use of Phone Buddies.

Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for all content that you make available via the Service. You understand that Phone Buddies does not control, and is not responsible for content made available through the Service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Phone Buddies site and content available through the Service may contain links to other websites, which are completely independent of Phone Buddies. Phone Buddies makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Phone Buddies be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the Service. You acknowledge that Phone Buddies does not pre-screen or approve content, but that Phone Buddies shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

Privacy Policy
Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. Your use of the Phone Buddies website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Phone Buddies may, in its sole discretion, preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any content violates the rights of third-parties; or protect the rights, property, or personal safety of Phone Buddies, its users or the general public.

Conduct and User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of you submit. You acknowledge that any reliance on material submitted by other users will be at your own risk. All information, data, text, software, photographs, graphics, messages or other materials publicly posted or privately transmitted are the sole responsibility of the originator or person from which such material emanates. You also permit any subscriber or user to access, display, view, store and reproduce such content for personal use. You agree not to post, email, or otherwise make available content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that impersonates any person or entity, including, but not limited to, a Phone Buddies employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • that includes personal or identifying information about another person without that person's explicit consent;
  • that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  • that constitutes or contains any form of advertising or solicitation other than normal contact to arrange services in the days or weeks immediately following a match, particularly if emailed to Phone Buddies users;
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;
  • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone for any purpose other than arranging emotionally supportive phone sessions;
  • "stalk" or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;
  • or attempt to gain unauthorized access to Phone Buddies's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Phone Buddies website.

When you submit information, upload a file, or otherwise provide us with material for display on the web site, you are granting Phone Buddies a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

User Information
The Site acts as a passive conduit for the on-line distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material sumitted by users. If notified of communications, which allegedly do not conform to the Terms and Conditions, the Company may investigate and determine in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

To use certain features of the Site, you must register with Phone Buddies and create a username and password through the Site's registration process. You agree (a) to provide true, accurate, current and complete information about yourself (though it is permissable to use an assumed first name in your profile to increase confidentiality), and (b) to maintain and promptly update the information you provide. You are responsible for maintaining the confidentiality of your password and account information and are responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. If you provide or Phone Buddies has reasonable grounds to believe you have provided untrue or inaccurate information or not current or incomplete information, Phone Buddies has the right to suspend or terminate your access through your username and password.

In order to use the Site's services you will be required to provide a valid email address. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Such consent to provide information to legal authorities if a confirmed threat to self or others is identified is, however, implicit in your use of the site. Please see our Privacy Policy for further details regarding your account information.

Except for any disclosure by you for technical support purposes or as specified in our Privacy Policy, all communications from you to this Site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Phone Buddies will be deemed the property of the Company and the Company shall be entitled to full rights of ownership, including, without limitation, unrestricted right to use or disclose such feedback in any form, medium or technology known now or developed later, and for any purpose, commercial or otherwise, without compensation.

Limitations on Service
You acknowledge that Phone Buddies may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the Service, the maximum number and size of images or other content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Phone Buddies has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You acknowledge that Phone Buddies reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Phone Buddies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination and Agreement Components
Phone Buddies reserves the right, at its sole discretion, to pursue all of its legal remedies to delete your postings from this Site, to immediately terminate your registration with this Site if any of the Terms and Conditions are violated. In addition, if the Company is unable to verify or authenticate any information you submit to the Site your registration can be terminated. Termination may occur without prior notice or liability. You will not misuse or share your username/password for Phone Buddies. If you are in violation of your obligations under the Terms and Conditions, you may be subject to prosecution.

Linking
The Site contains references to outside Internet sites as a convenience to you. Phone Buddies is not responsible for the availability of these outside resources or their contents. The inclusion of such a link does not imply endorsement of the site or its contents or any association with its operators. Phone Buddies is not responsible for the accuracy, copyright compliance, legality, decency or appropriateness of the content, nor the advertising, products or other materials on such sites. Under no circumstances shall Phone Buddies be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use or reliance on any content, goods or services available on such third party sites. If you decide to access referenced third party web sites, you do so at your own risk. Any concerns regarding any third-party web site should be directed to its respective site administrator or webmaster. Phone Buddies reserves the right to terminate the website referencing feature at any time.

You may provide links only to the homepage or Features page of Phone Buddies, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the Site or the advertisements, the copyright notice, or other notices on this site, and (b) you discontinue providing hot links to Phone Buddies if notified by the Company.

Phone Buddies disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.

Copyright and Trademark Notice
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Copyright © 2006 Bliss Wellness. All rights reserved.

Limitation of Liability
Phone Buddies is merely an information coordination center. This Site currently acts as a location for members to connect with each other. Phone Buddies does not screen or censor the submitted information. Further, the Company is not involved in the actual transaction or decisions of its users. As a result, the Company has no control over the quality, safety or legality of the information provided, the truth or accuracy of the listings, the ability of members to supply high quality service, the ability of members to make skillful use of services, or the guarantees and offerings that are announced in member postings or emails. There are risks involved in conducting business through the Internet, including but not limited to the risk of physical harm, of dealing with strangers, underage persons masquerading as adults, or people acting under false pretenses. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this web site. By using Phone Buddies you assume all risks associated with dealing with other users with whom you come in contact through the web site.

The Site's content may contain inaccuracies, out-of-date information or typographical errors. Phone Buddies makes no representations about the accuracy, reliability, completeness or timeliness of the posted information. The use of the Site and its content is at your own risk. Changes are periodically made to the Site and may be made at any time. Phone Buddies makes no commitment and expressly disclaims any duty to update any of the posted content on this Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job, or material contained therein placed by you on the Site. Individuals are solely responsible for their postings on Phone Buddies.

Phone Buddies is not to be considered to be an employer or agent with respect to your use of the web site and the Company shall not be responsible for any decisions, for whatever reason, made by any entity using the Site.

Phone Buddies does not warrant that the web site will operate error-free or that the web site and its server are free of computer viruses or other harmful mechanisms. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHONE BUDDIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

PHONE BUDDIES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO INFORMATION OBTAINED BY YOU FROM PHONE BUDDIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHONE BUDDIES SHALL NOT 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 (EVEN IF Phone Buddies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW 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."

IF YOU ARE DISSATISFIED WITH ANY PHONE BUDDIES MATERIALS, PRODUCTS OR SERVICES OR WITH ANY OF PHONE BUDDIES'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PHONE BUDDIES.

Indemnification
Your use of the Phone Buddies web site constitutes your agreement to defend, indemnify and hold harmless Phone Buddies (including its' employees, owners, contractors, officers and directors), as well as its affiliated companies, from any claim or demand (including reasonable attorneys' fees), arising out of your use or misuse of the Site or the use or misuse of the Site by a third party using your password.

Applicable Laws
The federal laws of the United States and the state of Hawaii shall govern all matters relating to your access and use of this Site. These Terms and Conditions are governed by the internal substantive laws of the Hawaii, without respect to its conflict of laws or principles. You and Phone Buddies agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Hawaii. The failure of Phone Buddies to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside or access this site.

Violations of Terms and Liquidated Damages

Please report any violations of the Terms by using the contact information provided in the members area of this site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Phone Buddies liquidated damages as follows:

a. If you submit information that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Phone Buddies five thousand dollars ($5,000) for each such misuse.

b. If Phone Buddies establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Phone Buddies one thousand dollars ($1,000) for each site visit in excess of such limits or for each day on which you access Phone Buddies in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to Phone Buddies email addresses or through Phone Buddies computer systems, you agree to pay Phone Buddies one hundred dollars ($100) for each such email.

d. If you use the service in violation of these Terms of Use, other than as described above, you agree to pay Phone Buddies one hundred dollars ($100) for each such misuse. In its sole discretion, Phone Buddies may elect to issue a warning before assessing damages. Otherwise, you agree to pay Phone Buddies's actual damages, to the extent such actual damages can be reasonably calculated.

General
THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO ITS USE. REVISIONS TO THESE TERMS AND CONDITIONS SHALL BE IMMEDIATELY ANNOUNCED IN THIS DOCUMENT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Thank you for using Phone Buddies. We look forward to serving you.