MingleLink.com

Terms of Use

Revised March 25, 2010

Welcome to www.minglelink.com (hereinafter "Website"). This Website is Singles Social Portal and presented as a forum for adults to meet each other online. MingleLink, Inc., is hereinafter referred to as "Company" "we," "us," or "our". Before you register to use the Website, please take a moment to review these terms and conditions ("Agreement") which is a legal agreement. By registering for membership or submitting any information on this Website, you agree to be bound by these terms and conditions. The Agreement describes the terms and conditions which govern your use of the Website and the products and services provided through or in connection with the Website (collectively, "Service"), which may be updated by us from time to time without further notice to you. We may also offer other services that are governed by different terms and conditions. You must read and agree with all of the terms and conditions contained in this Agreement and the posted Privacy Policy ("Privacy Policy"), which is incorporated by reference, each time before you use the Service. If you do not agree to be bound by the terms and conditions and/or the Privacy Policy, you may not use or access the Service.

1. Subscription, Charges to Account, Auto-renewal, Trial Periods.

General. You agree to be billed by Us through an online account (my "Billing Account") for use of the Service. You agree to pay all charges at the prices then in effect for any use of the Service by me or other persons (including my agents) using my Billing Account, and authorize us to charge Your chosen payment provider (my "Payment Method") for the Service. You agree to make payment using that selected Payment Method. You understand that We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Recurring Billing. YOU AUTHORIZE MINGLELINK TO SUBMIT PERIODIC CHARGES (E.G., EVERY 30 DAYS) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROPERLY PROVIDE PRIOR NOTICE BY SPEAKING WITH A MINGLELINK CUSTOMER CARE REPRESENTATIVE BY PHONE BETWEEN THE HOURS OF 7 A.M. AND 10 P.M. (CENTRAL) MONDAY THROUGH FRIDAY, AND BETWEEN THE HOURS OF 9 A.M. AND 6 P.M. (CENTRAL) ON SATURDAY AND SUNDAY (IN THE UNITED STATES AND CANADA, DIAL OR FOR INTERNATIONAL CALLERS DIAL 1-949-325-3033 (TOLL CHARGES APPLY)) THAT YOU ARE CANCELLING THIS AUTHORIZATION, THAT YOU WISH TO CHANGE MY PAYMENT METHOD OR THAT YOU WISH TO CANCEL MY SUBSCRIPTION. YOU MAY ALSO CANCEL YOUR SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS AT THE LINK "CANCEL MY SUBSCRIPTION" PROVIDED ON THE "MY ACCOUNT" PAGE. YOU AGREE THAT SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MINGLELINK REASONABLY COULD ACT. YOU AGREE TO PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU AGREE TO 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 AGREE TO PROMPTLY NOTIFY MINGLELINK IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT), UNAVAILABLE TO ACCEPT YOUR CHARGES OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF MY USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE MINGLELINK ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT MINGLELINK MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNLESS YOU PROPERLY CANCEL YOUR SUBSCRIPTION FOR THE SERVICE.

Payment Method. You understand the terms of my payment will be based on my Payment Method and may be determined by agreements between me and the financial institution, credit card issuer or other provider of my chosen Payment Method (the "Payment Method Provider"). If We do not receive payment from my Payment Method Provider, You agree to pay all amounts due on your Billing Account upon demand.

Reaffirmation of Authorization. You acknowledge and agree that your non-cancellation of my subscription or continued use of the Service reaffirms that MINGLELINK is authorized to charge my Payment Method. You agree that We may submit those charges for payment and I will be responsible for such charges. You understand this does not waive Our right to seek payment directly from You. You agree Your charges may be payable in advance, in arrears, per usage, or as otherwise described.

Free Trials Periods. You understand that any free trial period or other promotion that provides subscriber-level access to the Service must be used within the specified time of the free trial. You understand that if you sign up for a "free trial", Your free trial will automatically convert into a continuous paid monthly subscription at the end of the applicable free trial period unless You properly cancel before the end of the free trial period by speaking with a MINGLELINK Customer Care representative by phone between the hours of 7 a.m. and 10 p.m. (Central) Monday through Friday, and between the hours of 9 a.m. and 6 p.m. (Central) on Saturday and Sunday (in the United States and Canada, dial 1-949-325-3033 or for International callers dial1-949-325-3033 or You may follow the instructions at the link "Cancel My Subscription" provided on the "My Account" page to cancel. You understand that You must properly cancel Your free trial before the end of the free-trial period in order to avoid being charged a subscription fee.

2. ELECTRONIC LEGAL AGREEMENT.

YOU ARE ENTERING INTO AN ELECTRONIC CONTRACT AND AS SUCH YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS AND THE POSTED PRIVACY POLICY IN THEIR ENTIRETY THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE FOR ANY PURPOSE AND DO NOT REGISTER OR PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF THE WEBSITE OR PRODUCTS AND SERVICES OFFERED. YOU MUST BE 18 YEARS OF AGE AND POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS WEBSITE.

This Agreement is an electronic contract and by accessing the website or becoming a Member you consent to have the Agreement provided to you in electronic form. You have the right to request a the Agreement in non-electronic form. To receive a hard copy of the Electronic Contract, please send an email to administrator@minglelink.com. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to administrator@minglelink.com.

Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

This Agreement may be modified by Company from time to time which modifications are effective upon posting on the Website.

3. USER AGREEMENT.

General Terms. By using this Website, you agree to be bound by and to comply with these Terms and Conditions and the posted Privacy Policy which is incorporated herein as though fully set forth herein. You must be at least eighteen (18) years of age and single or separated from your spouse to register as a member of 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. Either you or MingleLink, Inc. may terminate your www.minglelink.com membership at anytime, for any reason, effective upon sending written notice to the other party. MingleLink, Inc. reserves the right to immediately suspend or terminate your access to the www.minglelink.com service, without notice, upon any breach of this Agreement by you which is brought to MingleLink, Inc.'s attention. Your membership in the www.minglelink.com service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

Term and Termination. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on by sending MingleLink, Inc. email notice of termination to administrator@minglelink.com and thereafter receiving confirmation of such termination from MingleLink, Inc. Should you not receive confirmation, please be sure to send another email request to ensure that we have received your request, We may terminate your membership at any time in our sole discretion with or without cause by sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. We are not required to provide you notice prior to terminating your membership. We are not required, and may be prohibited, from disclosing the reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

User Representations and Warranties. You represent and warrant that: (i) You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with these Terms and Conditions; (ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You understand and agree that We may share personally identifiable information and other information provided by, and aggregated information about you and other users with its vendors, sponsors, providers, service providers and marketers, lookup and reference services, other unaffiliated third parties, and other entities that We believe are able to provide you with offers and opportunities, as more fully described in Our posted Privacy Policy; (iv) You understand that abuse of this Website may result in your being denied access to such Website, as determined by Us in our sole discretion; (v) Your use of the Services on this Website is subject to all applicable federal, state and local laws and regulations; (vi) You also give Us permission to send you periodic updates of services and products which may be of interest to you through email, mail, or telemarketing; You understand that our providers may maintain the information you submitted to us whether you elect to use their services or not. In the event you no longer want to receive communications from one of our providers, you agree to notify the partner directly. You further Represent and Warrant that you will use this Website for your personal use only and will not use it in connection with any commercial activities. Organizations and businesses may not become a member and may not register for the Website.

Security. You are responsible for maintaining the confidentiality of the username and password that you are provided and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with this provision. 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 password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature on Window's.

User Content. You are solely responsible for the content or information you publish or display (hereinafter, "post") on the Website or when using the Service services, or transmit to other Members. You understand and agree that We may review and delete any content, messages, emails, photos or profiles or other content or information provided by you which we, in our sole discretion, believe violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other Members. By posting Content to minglelink.com, you have granted, and you represent and warrant that you have the right to grant, to Us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, 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 sublicenses of the same.

Prohibited User Conduct. You are prohibited from any conduct that, in Company's sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.

You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on the Website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means. You will NOT post on the Website or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, 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 use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in your profile any telephone numbers, street addresses, last names, URL's, E-mail addresses, offensive references, or offensive, suggestive or connotative language, and you will not post any photos containing personal information. We reserve the right to reject any profile or photo that does not comply with these prohibitions when they are brought to our attention. Nothing hereinabove is intended to imply or express an obligation on Our part to actively monitor the Website for violations.

You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

Non-commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website may be revoked at any time, for any reason, in MingleLink.com's sole discretion.

4. Member Interactions. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WE DO NOT IN ANY WAY SCREEN THE MEMBERS, NOR DO WE INQUIRE INTO THE BACKGROUNDS OF THE MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF THE MEMBERS. WE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU AGREE THAT WE MAKE NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH OTHER MEMBERS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR PERSONAL OR FINANCIAL INFORMATION TO OTHER MEMBERS.

5. Online Content. Opinions, advice, statements, offers, or other information or content made available through the www.minglelink.com service are those of their respective authors and not of MingleLink, Inc., and should not necessarily be relied upon. Such authors are solely responsible for such content. MingleLink, Inc. does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither adopts nor endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made. Under no circumstances will MingleLink, Inc. be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the www.minglelink.com Service, or transmitted to www.minglelink.com members.

6. CHANGES TO TERMS AND CONDITIONS AND POLICIES.

We reserves the right, in our sole discretion, to change, modify or otherwise alter these Terms and Conditions and the posted Privacy Policy, which appear on this Website at any time for any reason which change, modification or alteration is effective upon posting on the Website without further notice to you. It is your responsibility to review the Terms and Conditions and the posted Privacy Policy, for changes periodically. Your continued use of the Website or submission of information following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of notice of changes.

7. MARKETING MATERIALS.

By signing up at the Website, you are giving your consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone, you may simply use our convenient opt-out form by entering your email at http://minglelink.com/logins/unsubscribe. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.

8. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.

The Website may display and make available content, promotions, advertisements, and offers provided by third parties ("Third Party Promotions"), as well as goods and services offered by third parties ("Third Party Products"). You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites for whom Company displays offers ("Third Party Website Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.

9. RELATIONSHIP WITH MARKETING PROVIDERS.

This is an independent Website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating service providers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any providers.

10. LINKED WEBSITES.

You may be able to link to third parties Websites ("Linked Websites") from the Website. Linked Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website's administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.

11. INTELLECTUAL PROPERTY RIGHTS.

The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Website Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website content solely for your personal , non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens.

Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.

12. DISCLAIMER OF WARRANTIES.

Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Website or Website Content.

THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS , ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITATION OF LIABILITY.

IN NO EVENT WILL MINGLELINK, INC., ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.

14. EXCLUSIONS AND LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. MONITORING WEBSITE USAGE.

You agree that We may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.

16. INDEMNITY.

You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.

YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; "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 IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

17. RELEASE.

YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.

18. DISPUTE RESOLUTION.

This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in San Diego, California. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys' fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, San Diego County, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, San Diego County, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Company's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief.

RIGHT TO OPT OUT- If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within 60 days after signing this Agreement or your rejection of arbitration will not be effective. You must send your request to: administrator@minglelink.com. Your request must include your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the Company's Website Terms and Conditions."

19. WAIVER AND SEVERABILITY OF TERMS.

The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

20. ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.

21. STATUTE OF LIMITATIONS.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.