Aspirago LLC Terms of Use Agreement

This Agreement, sets forth the terms of use of the Aspirago LLC Online Service. By using the Aspirago.com website (the “Website”), you agree to be bound by this Agreement, whether or not you register as a member of the Website. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form. If you do not agree to this Agreement, you should immediately cease all usage of the Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of this Agreement as modified.

1. Description of Service and Eligibility

Aspirago LLC is providing registered members (each being a “Member”) with an internet site that provides for a means to contact other members, learn about events, workshops, tele-seminars and other services of interest to singles (collectively, the “Service”). Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

You must be at least eighteen (18) years of age and single or separated from your spouse to register as a Member or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2. Disclaimer of Warranties.

THE WEBSITE IS PROVIDED BY ASPIRAGO LLC ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASPIRAGO LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ASPIRAGO LLC SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. ASPIRAGO LLC DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ASPIRAGO LLC DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. ASPIRAGO LLC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.

3. Limitation of Liability

ASPIRAGO LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ASPIRAGO LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ASPIRAGO LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Notwithstanding anything to the contrary contained herein, Aspirago LLC's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Aspirago LLC for the Service during the term of membership.

4. Indemnification

Member agrees to indemnify and hold Aspirago LLC, its parents, subsidiaries, affiliates, officers, contractors, experts and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Members Account

All Members of the Service shall receive a password and an account. 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. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Aspirago LLC of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Aspirago LLC.

Each Member is solely responsible for, and assumes all liability regarding, (a) the information and content the Member contributes to the Service; (b) the information and content you post, transmit, publish, or otherwise make available through the Services; and (c) your interactions with other members through the Services. 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 others, including dating. You understand that Aspirago LLC does not in any way screen its Members, nor does Aspirago LLC inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Aspirago LLC makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members.

You may cancel your membership at any time during the term of such membership upon written or electronic notice to Aspirago LLC. In such case, your membership will terminate at the end of the membership term for which you have paid, and you will not receive any refund for any unused days of such term.

Aspirago LLC may terminate your membership by sending notice to you at the email address you provide in your registration, or such other email address as you may later provide to Aspirago LLC. If Aspirago LLC terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund. All decisions regarding the termination of accounts shall be made in the sole discretion of Aspirago LLC. Aspirago LLC is not required to provide you notice prior to terminating your membership. At its option, except as required by applicable law, Aspirago LLC may refuse to disclose the reason(s) for the termination of a Member’s account. Even after a Member’s membership is terminated, this Agreement will remain in effect. Similarly, all terms that by their nature appear intended to survive termination of this Agreement shall be deemed to survive such termination.

6. Modifications and Interruption to Service

Aspirago LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Aspirago LLC shall not be liable to Member or any third party should Aspirago LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Aspirago LLC does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Each Member is solely responsible for the content that such Member publishes or displays on the Service, or transmits to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Aspirago LLC or to any Member. If information provided to Aspirago LLC or a Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Aspirago LLC of such change.

By posting information or content to the Website, you automatically grant, and you represent and warrant that you have the right to grant to Aspirago LLC and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display 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. Aspirago LLC reserves the right, but has no obligation, to monitor the information or material you submit to the Website. Aspirago LLC will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

7. Third-Party Sites

The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Aspirago LLC is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Aspirago LLC is not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information

Vendor information, product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Aspirago LLC makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.

Aspirago LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.

9. Governing Jurisdiction of the Courts

This Website is operated and provided in the State of Georgia. As such, we are subject to the laws of the State Georgia, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Website or Services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Website you agree to do so subject to the internal laws of the State Georgia.

If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Georgia, in DeKalb County, for the resolution of any such dispute.

Software from this Website (the "Software") may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (bi) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

10. Compliance with Laws; Disclosures.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

You acknowledge and agree that Aspirago LLC may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (a) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (b) protect or defend Aspirago LLC’s, or a third party’s rights or property; or (c) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

Notwithstanding any other provision of this Agreement or the Privacy Statement, Aspirago LLC reserves the right, but has no obligation, to disclose any information that you submit to the Website, if in its sole opinion, Aspirago LLC suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Aspirago LLC, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials.

11. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Aspirago LLC, with all rights reserved, or is the property of Aspirago LLC and/or third parties protected by intellectual property rights. Any use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Aspirago LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Aspirago LLC.

Aspirago™ and Aspirago.com™ are proprietary marks of Aspirago LLC.com. Aspirago LLC’s trademarks may not be used in connection with any product or service that is not provided by Aspirago LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aspirago LLC.

All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those trademark owners. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Aspirago LLC.

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Aspirago LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:
Steven Kane
President
Aspirago, LLC
226 Ashford Circle
Atlanta, GA 30338

By Telephone: 770-331-1380 By Email: info@Aspirago.com

13. Botnets and Other Prohibited Activities.

Aspirago LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Aspirago LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Aspirago LLC reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:

14. Member Behavior and Site Guidelines

Aspirago LLC reserves the right to edit and/or delete any information submitted by a Member or visitor to the Website, including but not limited to their profile, forum posting, and forum responses due to sexually explicit or inappropriate references, pictures or language. Additionally, Aspirago LLC reserves the right to suspend membership at any time for sexually explicit or inappropriate references, pictures or language, or for predatory, harassing or unprofessional language or behavior. In the event of suspension from the site, the Member will forgo any refund for fees already paid to Aspirago LLC.

15. Ask the Experts, Aspirago LLC Workshops and Tele-seminars

Aspirago LLC provides the “Ask the Experts” feature as well as workshops and tele-seminars for educational, informational and entertainment purposes only. They are not, nor are they intended to be psychotherapy or a substitute for psychotherapy or other mental health and related techniques and services, or a substitute for professional advice from an accountant, legal or accounting professional. Members or visitors looking for professional assistance are encouraged to seek treatment and or advice from a qualified professional such as but not limited to a medical or mental health professional, lawyer, accountant, or financial advisor.

16. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Aspirago LLC, in our sole discretion, to a third party in the event of a merger or acquisition. The failure of Aspirago LLC to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in the Aspirago LLC Privacy Policy.