Terms and Conditions; Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Last Modified On: [September 1, 2022]
These Terms of Use (these “Terms of Use”) create a contract between you and Higher Bond, LLC, a Nevada limited liability company (the “Company” “we” or “us”). Your use of this website (the “Platform”) to access the Singles Service (defined below) and related information (as more fully described below) offered by the Company, or any of its subsidiaries or affiliates, is predicated upon your acceptance of these Terms of Use. In these Terms of Use, both you and the Company may be referred to individually as a “party” and collectively as the “parties.”
These Terms of Use, together with the Company’s Privacy Policy, collectively referred to as “Platform Policies,” govern your use of the Singles Service and the Platform generally. If you choose to accept these Platform Policies, you must do so as written, without modification. If you do not accept these Platform Policies, you will not be allowed to receive the Singles Service and may not utilize the Platform.
Please read these Platform Policies carefully before you start to use the Platform. By using the Platform, or by clicking to accept or agree to these Platform Policies when this option is made available to you, you accept and agree to be bound and abide by these Platform Policies, and warrant and represent that you are at least 18 years of age and that you have the legal authority to enter into these Terms of Use as an individual or on behalf of an entity. Such acceptance date shall become the effective date of these Platform Policies (“Effective Date”).
1 . Singles Service. The Company grants access to the Platform to seek romantic, Christian relationships and articles related to the same (the “Singles Service”). By accepting these Platform Policies, you agree to provide the information requested on the respective registration page of the Platform completely and accurately, and to update your information as necessary. The Company routinely maintains and updates personally identifying information which may include business and/or personal credit card accounts, bank accounts, other financial accounts, address information, telephone information, email information, and personal details pertaining to children, prior marriages, frequency of drinking and/or substance use (if any), hobbies, and preferences in a significant other. Further, the Company may require you to submit reasonable confidential information as requested by the Company (“Customer Information”). The Company will provide the Singles Service in accordance with its then-current pricing, as set forth on the Platform. The Company makes no warranties or guarantees whatsoever pertaining to the Singles Service or the authenticity of any content uploaded by any recipient of the Singles Service; the content on the Platform is provided by recipients of the Singles Service.
2. Intellectual Property Rights. The Company hereby grants to you during the Term (as defined below) a non-exclusive, non-assignable, non-transferable, non-sublicensable, limited license (“License”) to use the Platform and the Singles Service. You shall not be entitled to a License to the Company’s trademarks, service marks, trade dress, patents, patents pending, or other intellectual property (the “Intellectual Property”). You shall not copy or reverse engineer, in whole in or part, the Platform, Singles Service, or any Intellectual Property. All rights not expressly granted by the Company to you under these Platform Policies are expressly reserved to the Company. To the extent you upload content in connection with the Platform or a Singles Service, including any and all communications that you make with the Company through the Singles Service, you grant the Company a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license, to copy, distribute, display publicly, make available to the public, adapt, sub-license, process and translate such content, combine such content with or incorporate such content into other content and modify and create derivative works of such content; in each case in connection with the Company’s operation of the Platform and/or a Singles Service, and in the Company’s other media platforms, applications and Singles Service, and those of its affiliated entities. You further waive and forever disclaim all rights of attribution with respect to the use of your content.
(a) Modification of Other Profiles. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any other third-party proprietary information available on the Platform.
(b)License to Use Posted Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your account with the Company to any of your social network subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, 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 sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Singles Service in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
3. Use of the Singles Service. You must follow any policies made available to you when you purchase the Singles Service. Do not misuse the Singles Service. For example, you agree not to interfere with the Singles Service or try to access them using a method other than the interface and the instructions that we provide. You may use the Singles Service only as permitted by law, including applicable export and re-export control laws and regulations. The Company may temporarily or permanently deny, limit, suspend, or terminate the Singles Service, remove content and take technical and legal measures to keep you off the Singles Service at any time and for any reason. In connection with your use of the Singles Service, we may send you Singles Service announcements, administrative messages, and other information. You may opt out of some of those communications. The Singles Service may be available on mobile devices. Do not use such Singles Service in a way that distracts you and prevents you from obeying traffic or safety laws.
(a) Eligibility. By registering to use or using the Singles Service, you represent and warrant that you are single or (if legally married) separated. If you are married and not separated, you may not register to use or use the Singles Service. You may create one unique, bona fide relationship-seeking profile. The Singles Service requires your completion of a compatibility quiz for the Company to find highly compatible matches for you. By requesting to use, registering to use, and/or using the Singles Service, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. THE COMPANY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, the Company reserves the right to conduct any criminal background checks, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
(b) Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that the Company is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.
(c) Risk Assumption and Precautions. You assume all risk when using the Singles Service, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Singles Service.
(d) Prohibited Uses. You agree not to engage in the following prohibited uses:
- You shall not use the Singles Service to bully, abuse, harass, embarrass, or threaten any person.
- You shall not copy, publish, distribute, rent, or resell the Singles Service or Intellectual Property, in whole or in part.
- You shall not post a video, audio, or images of another person.
- You understand and agree that we monitor usage on the Platform and the Singles Service and that we may share your use of the Platform and Singles Service with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Platform and Singles Service is for an unlawful purpose. We may also share your use of the Platform and Singles Service as required by law, a court order, a subpoena, or as the Company determines is necessary or advisable to protect its interests.
- You shall not use the Singles Service as the basis for making decisions to consumers or businesses concerning loans, credit, insurance, employment, leasing, or other decisions. The Singles Service are not to be relied upon by any person, including you, for any purpose. You are solely responsible for all decisions you make in any way utilizing the information generated as a result of using this Singles Service.
- You shall not provide inaccurate, misleading or false information to the Company. If information previously provided to the Company subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
4. Updates. THE COMPANY RESERVES THE RIGHT TO AMEND THE PLATFORM AND THESE WEBSITE POLICES IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE PLATFORM FOR UPDATES TO THESE PLATFORM POLICIES. The Company may, but is not obligated to, offer upgrades, updates, and improvements to the Platform and Singles Service, and to add or discontinue any Singles Service. These Platform Policies control the relationship between the Company and you. They do not create any third-party beneficiary rights.
5. Other Websites. The Platform may contain links to other websites or mobile applications (“Other Websites”). The Company may or may not own, operate or monitor such Other Websites, their services or content. The information and content posted on any of the Other Websites may not be compatible with your requirements, you may object to their content, or find such content to be objectionable, improper, unlawful or immoral. By linking to any Other Websites, the Company does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. The Company assumes no responsibility or liability for any third-party services or contents, or their availability. The Singles Service and/or the Platform may include paid advertisements, sponsored links and commercial information (“Advertisements”). By clicking links to Advertisements, you may be transferred to a service of an advertiser or receive any other messages, information or offers from the advertiser and from others. The Company is not responsible for any of an advertisers’ practices, including their privacy practices, or for the content of their services, information, messages or offers. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR ACCESSED VIA THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
6. Payment. All sales on the Platform are final. The Company has no obligation whatsoever to issue refunds or credits for purchases on the Platform, or otherwise. The Company assumes no responsibility for delays in credit or debit card processing or any other form of payment. You warrant and represent that your use of any credit, debit, or other permitted form of payment is authorized by the holder of such form of payment.
7. Taxes. You are responsible for paying all applicable taxes in connection with your purchase of the Singles Service.
8. Term and Termination. These Terms of Use, including any updates thereto, shall be effective and remain in place throughout the duration of your access to the Platform or receipt of Singles Services (the “Term”). You may terminate your access at any time by delivering an e-mail to support@higherbond.com. The Company may immediately terminate your access as required by law or due to your breach of any provision of these Terms of Use in the Company’s determination. Termination will become effective immediately. Upon termination, all license rights granted herein shall immediately terminate and be revoked, and you will not be allowed to use the Platform or receive the Singles Service. You shall be permitted to use the Singles Service you purchased before termination, provided that your continued use will be subject to these Terms of Use. You will not receive any refund as a result of any such termination.
9. Renewals. In order to provide continuous service, the Company will automatically renew your term to use the Singles Service unless you terminate the term at least twenty-four (24) hours before the end of the current term.
10. Independent Parties. Nothing in these Platform Policies shall create an employer-employee, partner, joint venturer or agent relationship between you and the Company.
11. Indemnification. You shall defend, indemnify, and hold harmless the Company and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, consultants, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including attorney fees and court costs) arising out of your (a) unauthorized use of the Platform or Singles Service, (b) breach of these Terms of Use, or (c) otherwise prohibited or illegal activity.
12. Disclaimer of Warranty. THE COMPANY: (A) PROVIDES THE SINGLES SERVICE ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR GUARANTEES, (B) MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SINGLES SERVICE, AND (C) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THE COMPANY DOES NOT WARRANT THAT ANY OF THE SINGLES SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEIR CONTENT OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SINGLES SERVICE OR WEBSITE, SINGLES SERVICE LEVELS, DOWNLOAD SPEED, AND WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY), OR THAT DEFECTS THEREIN SHALL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. Limitations of Liability. THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY’S TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM, UNDER THESE PLATFORM POLICIES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH IN WHICH A CLAIM GIVING RISE TO LIABILITY HEREUNDER OCCURS. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SINGLES SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE PLATFORM. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. CONTENT IS UPLOADED TO THE PLATFORM BY USERS, NOT BY THE COMPANY, AND YOU EXPRESSLY ACKNOWLEDGE THAT THE COMPANY WILL NOT BE HELD LIABLE FOR ANY SUCH CONTENT OR THE IMPACT OF ANY SUCH CONTENT.
13. Notice of Copyright Infringement. We will do our best to ensure compliance with all federal laws governing copyrights. If you believe that any content available through our Platform or Singles Service infringes a copyright claimed by you, you may request removal of those materials (or access to them) from the Platform by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
[J. Wesley]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
14. No Guarantees. The Company may not be able to provide matches for everyone seeking to use the Singles Service. Further, the Company makes no guarantees as to the number or frequency of matches through the Singles Service, or to such matches’ ability, desire or criteria to communicate with any user. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Singles Service or as to the conduct of such individuals. The Company may, but is not required to, verify information provided to the Company.
15. Compliance with Applicable Law. You shall comply with all applicable international, federal, state, and local laws, rules, and regulations in your use of this Platform and the Singles Service.
16. Notice. All notices provided for herein shall be given either by electronic mail, recognized international express courier, postage pre-paid, or by First Class United States Mail, postage pre-paid, to the address listed on the Platform in our case, and to the address(es) you listed on our registration page. Notice shall be deemed received two days following tender to such courier and three days following posting by mail.
17. Dispute Resolution. The Platform Policies shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to any applicable conflicts or choice of law provisions. You hereby agree to waive any right you may have to participate in any class, group, or representative action or proceeding, and further hereby agree to waive any right you may have to a trial by jury. In the Company’s discretion, the parties hereto irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts of competent jurisdiction located in Clark County, Nevada and the parties hereby waive any objection that venue in such courts is inconvenient, Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. In any action at law or in equity or arbitration to enforce or interpret any provision of these Platform Policies, the prevailing party shall be entitled to collect from the non-prevailing party, in addition to any damages and injunctive relief, whether at law or in equity, all reasonable costs, fees, and expenses, including, without limitation, attorney fees, costs, and expenses, expert witness fees, deposition transcript fees, postage, long-distance telephone charges, and travel costs.
18. Severability. If any provision of these Terms of Use is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.