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Tagged: #scheduling
Kai.KaiThoughts about scheduling?
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Welcome to It’s Just Complicated! This Site provides an interactive service for individuals pending divorce,(legally) separated, singles, and widowed users. These Terms of Service (“Agreement”) constitute a legal agreement between You and It’s Just Complicated, LLC. By visiting, registering, or using any of the Service accessible by www.itsjustcomplicated.com (the “Site”), you agree and are bound by the terms and agreement set forth. SHOULD YOU NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR ITS SERVICES.
“IJC” reserve the right to revise THIS AGREEMENT and subject to change at any time. Changes will be made known and posted on the Site. Continuing to use the Site after amendment will constitute your approval of modifications. You are obligated to review the Agreement and become aware of any modifications.
AGREEMENT DEFINITIONS:
In this Agreement, the following terms have the following meanings:
“Agreement” – means agreement established by You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in the manner set forth herein:
“We”, “Us”, and “Our”, the “Company” – means IJC (It’s Just Complicated)
“You”, “Your”– means the person that registers and utilizes the Service
“Member” – means an individual who provides information to IJC on our service or who participates in the Service in any manner whether such individual uses the Service as a free Member or a subscriber.
ELIGIBILITY:
1. ADULT USERS ONLY
You must be eighteen (18) years of age or older to visit and/or register to this Website. By visiting this Site or accepting the terms and conditions You represent and warrant that You are at least 18 years old and that You have authority and capacity in understanding and abiding by the Agreement to this Website.
2. MARITAL STATUS
By registering to this Service you represent and warrant that you have a LEGAL divorce pending with mutual consent of the other party; divorced; single; or widowed.
If you are married and NOT separated, DO NOT register to use or use this Service.
3. CRIMINAL HISTORY:
By accepting the Terms of Use of IJC you represent and warrant that you have never been convicted of a felony and /or are not required to register as a sex offender with any government entity.
IJC DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENING ON ITS MEMBERS.
IJC however, reserves the right to conduct any criminal background check, at any time and using available public records to confirm your compliance. AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE SUCH CHECK.
RIGHT TO USE:
Your right to use the Service is subject to any limitations, restrictions, and conditions established by us from time to time, including the availability of any Service feature database or content.
USER AGREEMENT:
This agreement constitutes Your agreement as a “Registered User” with IJC with respect to Your use of the Service. You must abide by all of the terms and conditions of this Agreement and therefore bound by and agree to these (i) terms of use, (ii) our Privacy Policy, and Safety Tips in order to become or remain an authorized user of the Service.
EXCLUSIVE USE:
Your account provided to you through the Service will be used for personal use only. You will keep all information private and confidential as you will not give, assign, nor transfer your account to any other person or entity. You acknowledge that IJC is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
COMMUNICATIONS AND POSTING RESTRICTIONS:
1. You will not use the Service to engage in ANY activity that is intended or tends to harass, annoy, threaten or intimidate any other users of the Site or Services through libelous, slanderous, abusive or defamatory statements.
2. You will not use the Service to engage or promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
3. You will not use the Service to engage, promote, or aid in unlawful activities such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harass or harm another person, obtain others’ identity information.
4. You will not use the Service to distribute or upload any virus, time bombs, cancelbots, worms , or malicious software of any type, or do anything else that might cause harm to the Service, the Website, IJC, its systems, or any others members’ systems in any way.
5. You will not use the Service for spamming, spimming, phishing, trolling, or any other similar activity maliciously.
6. You will not use copyrighted content owned by others’ (examples: music, movies, videos, photographs, images, software, etc) without obtaining permission first;
7. You will not use any video, audio photographs, or images of another person without his or her content (or in the case of a minor, the minor’s legal guardian).
8. You will not use other people’s personal information for promulgation without the person/s content, or collect or solicit another person’s personal information for commercial or unlawful purpose;
9. You will not use the Service with intend to defraud, swindle or deceive other users of the Service;
10. You will not promote or solicit support or involvement of a political platform, religion, cult, or sect;
11. You will not collect or solicit personal information about an individual
under 18 years of age;
12. You will not solicit gambling or engage in any gambling or similar
activity;
13. You will not use the Service to forward chain letters through the Site
UNIQUE AND BONA FIDE PROFILE:
As a Member of the Service, you will create only one profile. In addition, your use of the Service must be for a bona fide relationship-seeking purpose in order to maintain the integrity of the Service. Not all members are available for matching.
INACCURATE INFORMATION:
You will not intentionally mislead or provide false information to IJC or to any other user. If accurate information is now expired you are obligated and will promptly notify IJC of such change.
GEOGRAPHIC LIMITATIONS:
If you use the Service outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Service.
COMMERICAL SOLICITATION OR ADVERTISING:
You will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services. Parties responsible for the distribution, promotion or publication of any material containing any solicitation for funds, advertising or solicitation for goods or services agree to pay IJC One Thousand US Dollars ($1000.00) per account involved with such activities to cover expenses involved with investigation and prosecution of such activities.
NO USE OF CONFIDENTIAL INFORMATION:
You will not post messages, pictures or recordings or use the Service in any way that (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
OTHER USERS’ INFORMATION:
Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell in any manner whatsoever without having first received the express written permission of the owner of such material or information.
TERMINATION OF MEMBER ACCESS TO SERVICE:
We are entitled to investigate and terminate Your membership if you have misused Our Services or behaved in a manner that is deemed inappropriate. We may, in our sole discretion, terminate or suspend Your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of Your access to all or part of the Service at our sole discretion, and You may be referred to appropriate law enforcement agencies.
REMOVAL OF CONTENT:
We reserve the right, but have no obligation to monitor the information or material you submit to the Service or post in the public areas of the Service. We have the right to delete, move or edit profiles, public postings, messages and other such materials and information that in Our sole opinion violates, or may violate, any applicable law or either the letter or spirit of the Agreement or upon the request of any third party. We further reserve the right to remove matches previously delivered to You, in our reasonable discretion, in order to assure that you have a quality experience with our Service.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
IJC PROVIDES ONLINE PERSONALS SERVICE AND TOOLS PRIMARILY FOR INDIVIDUALS PENDING DIVORCE AND OTHER ELIGIBLE AND SIMILARLY INTERESTED INDIVIDUALS, AS WELL AS FORUMS FOR DISCUSSION AND COMMENTARIES TO SUBSCRIBERS THROUGH THE WEBSITE AND OTHER MEANS OF DISTRIBUTION.
IJC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON THE WEBSITE.
DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY IJC IS OBTAINED, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY IJC, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY.
YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL IJC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY IT’S JUST COMPLICATED AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER IJC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF FIFTY U.S. DOLLARS ($50.00).
EACH PARTY AGREES THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, NO CLAIM MAY BE CONSOLIDATED OR JOINED WITH MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. UNLESS BOTH PARTIES AGREE OTHERWISE, NEITHER PARTY MAY JOIN ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, EITHER PARTY MAY ONLY SEEK AND/OR ACCEPT AN AWARD OF RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND/OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S)
RISK ASSUMPTIONS:
We are not responsible for the conduct, whether online or offline, of any Member of the Service. You assume ALL risk when using the Service, including, but not limited to, all of the risks associated with any online or offline interactions with other Members, including meeting up and dating with another Member You meet on the Service. You agree to take all necessary precautions if You choose to contact, communicate and/or meet an individual through the Service. You understand that we make no guarantee, either express or implied, regarding Your ultimate compatibility with individuals You meet through the Service or as to the conduct of such individuals.
You promise to never send money, ask another Member for money, or share financial information with anyone you meet on the Service. In addition, you pledge to report anyone who asks You for money or for Your financial information. Further, you agree to review and follow the recommendations set forth by our Safety Tips prior to using the Service.
YOUR INDEMNITY TO US:
You hereby agree to indemnify, defend and hold harmless IJC and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. IJC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
RELEASE:
If You have a dispute with one or more of Our members, You release IJC from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
NOTICE OF PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT:
If You believe that any material or content distributed by IJC constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on our Website; Your address, telephone number and email address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
The above information must be submitted to the following DMCA Agent:
IJC Copyright Agent
IT’S JUST COMPLICATED, LLC
3S101 Rockwell Street #1002
Warrenville, IL 60555
copyrightlegal@IJC.com
Note: IJC will terminate the account of repeat infringers.
Pre-Arbitration Dispute Resolution:
For all Disputes you must first give It’s Just Complicated an opportunity to resolve the Dispute as we are interested in providing a resolution in an amicable and efficient matter. You must commence and explain your compliant by mailing a written notification that must include (1) your name, (2) your address, (3) a written description of the Dispute, (4) a written description of the relief you are seeking. This notification can be mailed to 3S101 Rockwell Street Suite 1002, Warrenville, IL, 60555.
RESOLUTIONS OF DISPUTES – ARBITRATION:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court).YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER
CLASS PROCEEDING.
Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. If the Dispute is not resolved after the Pre-Arbitration Resolution either you or It’s Just Complicated may initiate through arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement.
LOCATION – ARBITRATION:
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Will County, Illinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
ARBITRATION FEES:
You are responsible for paying your portion of the fees set forth in the AAA’s fee schedule for consumer disputes. It’s Just Complicated will pay all remaining fees. If your claim against IJC is for less than $500, we will pay all fees. If you believe you cannot afford the AAA’s fee, you may apply to the AAA for a fee waiver.
ARBITRATION AWARD:
The arbitrator will render a written decision within 14 days after the hearing or, if no hearing was held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award.
MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. You may not assign, transfer or sublicense this Agreement without the prior written consent of It’s Just Complicated, LLC. IJC may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
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