This is a legal and binding agreement between you and Pond I Go, LLC, a Nevada limited liability company (“we” or “us” our “our”). Please print a copy of this agreement for your records, or download an electronic copy by clicking here [LINK TO PDF]. This agreement is subject to change by us at any time, effective upon posting on our website, and your use of our website and our services after such posting will constitute your acceptance of any changes. Please consult the end of this agreement to determine when this agreement was last revised.
Our website and services are intended for use by single adult individuals located in the United States. By requesting to use, registering to use, or using our services, you are representing and warranting to us that: (1) you are at least 18 years of age, (2) you are not married or in a domestic partnership, (3) that you have never been convicted of a felony and are not required to register as a sex offender with any governmental entity, (4) that you have not been identified by the Treasury Department as a “Specially Designated National” or placed by the Commerce Department on the “Denied Persons List”, and (5) that you are not located in, under the control of, or a national or resident of any country which the United States has embargoed goods. WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR USERS. However, we reserve the right to conduct a criminal background check at any time, using available public records, to confirm your eligibility for our services. You may only use our website and our services in a manner consistent with all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You may not use our website or services where prohibited by law.
Information You Submit To Us Or Transmit Through Our Services
You are solely responsible for, and assume all liability regarding, the information and content that you submit to our website or post, transmit, publish or otherwise make available to other members or others through our services.
You may not include in your public profile any telephone numbers, street addresses, surnames, URLs or email addresses.
All information you include in your public profile must be accurate, current and complete. You will not provide inaccurate, misleading or false information to us or to any other user. If information you previously provided to us or another user subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
You must own all intellectual property rights, including copyrights, in the information and content you submit, or have first obtained permission from the owner(s). By posting information or content to any public area of our website, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, nonexclusive, fully paid worldwide license to use, copy perform, display, reproduce, adapt, modify and distribute such information or content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that the public posting and use of any such information or content by us will not infringe or violate the rights of any third party (including, but not limited to, intellectual property rights and rights of privacy and publicity).
Information or content that you post on our website or transmit to other users using our services must be respectful of our online community and our other users. You may not post on our website, or transmit to other members any information or content (or links thereto) through our services, that:
• is patently offensive to our online community, such as information or content that promotes racism, sexism, homophobia, bigotry, hatred or physical harm of any kind against any group or individual;
• is intended to or tends to harass, annoy, threaten or intimidate any other users of our website or our services;
• is false, misleading, defamatory, abusive, obscene, profane, offensive, sexually oriented or otherwise objectionable;
• impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
• contains images, photographs, audio or video of another person without first obtaining their permission (or in the case of a minor, the minor’s legal guardian);
• contains other(s)’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without first obtaining their permission, or contains links to pirated copyrighted images, audio or video files or software, or information on how to circumvent manufacturer-installed copy protection;
• promotes or solicits involvement in or support of a political party or platform, religion, cult or sect;
• promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, commit identity theft or create or disseminate computer viruses;
• contains viruses, time bombs, trojan horses, worms or other harmful, disruptive or malicious codes, components or devices;
• uses scripts, bots or other automated technologies to access our website or our services;
• exploits persons under the age of 18 in a sexual or violent manner or solicits personal information from anyone under the age of 18;
• solicits gambling or engages in any gambling or similar activity;
• disseminates another person’s personal information without permission, or collects or solicits personal information for commercial or unlawful purposes;
• is intended to defraud, swindle or deceive other users of our services;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; or
• is otherwise off-topic, meaningless or otherwise intended to annoy or interfere with others’ use and enjoyment of our website and our services.
We reserve the right, but do not assume the obligation, to monitor the information or content you submit to our website or transmit through our services, and to remove or delete any information, content, messages, photos or public profiles that, in our sole opinion, violate, or may violate, any applicable law, either the letter or the spirit of this agreement, or the rights of any third party, and, if we deem it appropriate or necessary, to terminate your membership to our website.
In order to maintain the integrity of our services, your use of our services must be for bona fide relationship-seeking purposes. You may not use our services to collect demographic or other information about our members, for research or for any other purpose. In addition, you may not use our services in connection with any commercial endeavors. Organizations, companies and businesses may not become members and should not use our website or our services for any purpose. You may not advertise or solicit any user to buy or sell any products or services through our website or our services. You may not transmit any “chain letters”, “junk mail” or “spam” email or messages to other users. In addition, you will not use any information you obtain from our services in order to advertise to, solicit or sell to any other user without their prior explicit consent. If you breach the terms of this paragraph, you acknowledge that you will have caused substantial harm to us, but that the exact amount of such harm will be extremely difficult to ascertain. Therefore, you and we agree that you will pay to us Fifty Dollars ($50.00) for each unsolicited commercial communication that you send through our services, and that we may revoke your membership to our website as a result of any such communication at any time. In addition, in order to protect our members from unsolicited commercial communications, we reserve the right to restrict the number of emails or messages that a member may transmit to other members in any twenty-four (24)-hour period to a number which we deem appropriate, in our sole discretion.
We reserve the right to investigate and terminate your membership if you have abused or misused our services, or behaved in a way that could be regarded as inappropriate, unlawful or illegal. By way of example, the following are types of actions that you may not engage in on our website or through the use of our services:
• You may not impersonate any person or entity.
• You may not “stalk” or otherwise harass any person.
• You may not state or imply that any statements you make are endorsed by us without our prior written consent.
•You may not post, publish, transmit, distribute, perform, display, commercially use, sell, copy, modify, create derivative works, or reproduce in any way any copyrighted material, trademarks or other intellectual property without first obtaining the permission of the owner(s) of such intellectual property. (You acknowledge that other users may post copyrighted material, which has copyright protection whether or not it is identified as copyrighted.)
• You will not remove any copyright, trademark or other intellectual property notices contained on our website.
• You will not interfere with or disrupt the operation of our website or the servers or networks connected to our website.
•You will not post, email 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 or hardware or telecommunications equipment.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our services.
• You will not use any robot, spider, site search/retrieval application or other manual or automatic devise or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of our website or its contents.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our website or our services or any software used on or for our services or cause others to do so.
• You will not “frame” or “mirror” any part of our website or our services without our prior written authorization, or use meta tags or code or other devices containing any reference to us or our website or services in order to direct any person to any other web site for any purpose.
Member Interactions and Disputes
You are solely responsible for your interactions with other members of our service. You acknowledge that we currently do not in any way screen our members, nor do we currently inquire into the backgrounds of our members or attempt to verify the information submitted to us by them, such as which college or university of which they are alumni. We make no representation or warranty as to the conduct of current or future members, or their compatibility with you. We recommend you take all necessary precautions in all interactions with other members of our services, particularly if you decide to meet offline or in person. In particular, you should not provide financial information (for example, credit card or banking information) to other members.
We also ask that you promptly report any violation of this agreement by other members to us at email@example.com. We reserve the right, but assume no obligation, to monitor disputes between you and other members.
You may become a member of our website at no cost. As a member, you may have the ability to participate in some, but not all, of our website’s features and services. In order to access additional features and services, including the ability to communicate with other members, you must become a paying subscriber to our services. We reserve the right to remove the public profiles of non-subscribers from time to time at our sole discretion.
Descriptions of the subscription plans for our services that are currently offered by us and their prices are available here [LINK]. At the time you choose a particular subscription plan, we will disclose to you the subscription policies that are associated with that plan, and those policies are incorporated into and made a part of this agreement.
Charges To Your Account
General. We bill you through an online account for the use of our services. You agree to pay us all charges at the prices then in effect for any use of our services by you or other persons using your username and password, and you authorize us to charge your chosen payment method for our services. You agree to make payment using that selected payment method. We reserve the right to correct any errors or mistakes that we make in billing you even if we have already requested or received payment.
Recurring Billing. Most subscription plans consist of an initial subscription period followed by recurring periodic charges. By entering into this agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation. WE MAY SUBMIT RECURRING PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON OUR REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR SUBSCRIPTION PLAN OR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY TAKE ACTION ON YOUR NOTICE. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR SUBSCRIPTION PLAN OR PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify us if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made in your account settings. If you fail to provide us with any of the foregoing information, you agree that we may continue charging you for any use of our services under your username and password unless you have terminated your subscription to our services (confirmed by you in writing upon our request).
Payment Method. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we do not receive payment from your payment provider, you agree to pay all amounts due on your billing account upon demand.
Change In Amount Authorized. If the amount to be charged to your billing account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the change at least ten (10) days before the scheduled date of the transaction. You agree that we may accumulate charges incurred by you and submit them as one or more aggregate charges during or at the end of each billing cycle.
Auto-Renewal. Your subscription will be automatically extended for successive renewal periods of the same duration as your original subscription term, at the then-current non-promotional subscription rate. In order to provide continuous service, we automatically renew all paid subscriptions twenty-four (24) hours before those subscriptions expire. To cancel your subscription at any time, go to your account settings. If you cancel, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid by you for the then-current subscription term.
Reaffirmation of Authorization. Your non-termination or continued use of our services will reaffirm that we are authorized to charge your payment method. We may submit those charges for payment and you will be responsible for them. Our submission of those charges will not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribe to our services.
Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to our services must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of your trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
Cancellation At Any Time With No Refund. You may cancel your subscription to our services at anytime during the term of your subscription or any renewal period by accessing your account settings. Your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive a refund for any unused portion of your subscription.
Cancellation In The First Three Days. You may cancel your subscription, without any penalty or obligation, at any time prior to midnight on the third business day following the beginning of your initial subscription period (but not including any renewal periods), by emailing Customer Care. Any refunds under this three (3)-day cancellation policy will be made within ten (10) days after our receipt of your cancellation notice. You may only take advantage of this three (3)-day cancellation policy once. After cancelling the first time, if you subscribe again using the same alumni email address, this three (3)-day cancellation policy will not be available to you.
Cancellation As A Result Of Death Or Disability. If by reason of your death or disability you are unable to receive all of the services for which you have paid, you or your estate may elect to receive a prorated refund for the portion of your subscription term following your death or disability. In the case of your death, your estate will be required to submit a copy of your death certificate to us. In the case of your disability, you will be required to submit written verification from your physician to us.
We may terminate your account at any time, for any reason or for no reason, without explanation, effective upon sending written notice to you. We reserve the right to immediately suspend or terminate your access to our website or any of our services, without notice, for any reason or for no reason. We also reserve the right to remove your account information or data from our website and any other records at any time in our sole discretion. In the event that your access to our website or to any of our services is suspended or terminated due to your breach of this agreement, you acknowledge that all fees then paid by you to us will be nonrefundable and all outstanding or pending payments will be immediately due. We also reserve the right to notify other users within whom you have corresponded following the termination of your account.
Modifications To Our Services
We reserve the right at any time to modify, suspend or discontinue, temporarily or permanently, our services or any portion thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuation of our services or any portion thereof.
You acknowledge that we own or control highly valuable proprietary information and intellectual property rights in connection with our website and our services. Our website contains copyrighted material, trademarks and other proprietary information of Pond I Go, LLC and its licensors. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display or sell any such intellectual property or proprietary information.
Digital Millennium Copyright Act Notice
If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement and is accessible on our website, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material, (2) a description of the copyrighted material that you claim has been infringed and a description of where the material is located on our website, (3) your address, telephone number and email address, (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, (5) 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 are authorized to act on the copyright owner’s behalf. You may reach our copyright agent for notice of claims of copyright infringement at firstname.lastname@example.org.
We provide assistance and guidance to our users through our customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, racist, sexist, threatening, harassing or otherwise inappropriate. If we feel that your behavior toward any of our customer care representatives or other employees is at any time inappropriate, we reserve the right to terminate your membership immediately, in which event you will not be entitled to a refund for any portion of your unused subscription.
Your pondigo.com account is for your personal use only. You may not authorize others to use your account, you are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You will immediately notify us of any unauthorized use of your username or password or any other breach of security, and ensure that you exit from your account at the end of each session. We are not responsible for any loss or damage arising from your failure to do so or otherwise from the theft or misappropriation of your username or password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password or other personal information. If you share your computer with others, you should consider disabling the auto-login feature of our website.
Blocking IP Addresses
In order to protect the integrity of our website and services and to protect our members, we reserve the right to block certain IP addresses from accessing our website at any time in our sole discretion.
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE PROVIDE OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES OR OUR WEBSITE (INCLUDING ALL THE INFORMATION CONTAINED ON OUR WEBSITE), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF OUR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THEY WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT THAT ANY DEFECTS IN OUR SERVICES WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND MAKE NO WARRANTY WITH RESPECT TO, THE CONNCTIVITY AND AVAILABILITY OF OUR SERVICES.
OPINIONS, ADVICE, STATEMENTS, OFFERS AND OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH OUR WEBSITE OR OUR SERVICES, BUT NOT DIRECTLY BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH OTHERS ARE SOLELY RESPONSIBLE FOR THEIR CONTENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON OUR WEBSITE, OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT CONTAINED ON OUR WEBSITE OR TRANSMITTED TO OR BY ANY OTHER USERS.
WE MAY INCLUDE, OR THIRD PARTIES MAY INCLUDE, LINKS TO OTHER WEBSITES OR RESOURCES ON OUR WEBSITE. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL WEBSITES OR RESOURCES AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISEMENTS, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH OTHER WEBSITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, ANY SUCH CONTENT, ADVERTISEMENTS, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH ANY SUCH WEBSITE OR RESOURCE
Limitations of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE OUR WEBSITE OR OUR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OUR WEBSITE OR OUR SERVICES, EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO US FOR OUR SERVICES DURING THE TERM OF YOUR MEMBERSHIP OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY OF OUR SERVICES, THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABILE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF OUR WEBSITE OR OUR SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR WEBSITE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
FROM TIME TO TIME, WE MAY USE VARIOUS WAYS OF VERIFYING THE INFORMATION THAT USERS PROVIDE TO US (ALTHOUGH WE ASSUME NO OBLIGATION TO DO SO). NONE OF THESE METHODS ARE PERFECT, HOWEVER, AND WE WILL HAVE NO LIABILITY TO YOU ARISING FROM ANY INCORRECTLY VERIFIED INFORMATION.
You will indemnify, defend and hold harmless Pond I Go, LLC, its members, managers, officers, employees, agents and subcontractors, for any losses, costs, liabilities, claims, demands and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use our website or our services, (ii) any use of our website or our services by you in violation of the terms of this agreement, (iii) any other breach of this agreement by you, including any breach of your warranties or representations, (iv) any violation by you of the rights of any other members of our website, or (iv) any violation by you of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any claim against us that is subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Governing Law, Jurisdiction and Venue; Injunctive Relief
This agreement has been entered into in the State of California and the validity, interpretation and legal effect of this agreement will be governed by the laws of the State of California applicable to contracts entered into and performed entirely within the State of California (without giving effect to any conflicts of laws principles of the State of California). Any controversies arising out of or relating to this agreement, our website or our services will be subject to the exclusive jurisdiction of the courts, state and federal, sitting in the County of Los Angeles in the State of California; any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere. You waive any and all objections to venue in those courts and submit to the jurisdiction of those courts. You acknowledge that any violation of this agreement may cause us irreparable harm, and you agree that we will be entitled to extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of this agreement.
This agreement went into effect on October 30, 2009.