Terms of Use

PLEASE CAREFULLY READ THIS “TERMS OF USE AGREEMENT”, ALONG WITH THE “SAFETY" and “BEHAVIOR POLICY” BEFORE USING OUR WEBSITE SERVICES. (AS DEFINED BELOW)PLEASE NOTE THAT THE "ARBITRATION AGREEMENT" SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN THE USER (HEREINAFTER SOMETIMES REFEERRED TO AS “YOU”, AND FY&M CORPORATION (HEREINAFTER SOMETIMES REFERRED TO AS “COMPANY”) UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND (ii) YOU AND COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ PARAGRAPH 27, TO REVIEW THE ARBITRATION AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

UNAUTHORIZED USE: Friendsyouandme.com is a private website open for public use under the  “Terms of Use” agreement, herein. 

Written Content and Advertisements can only be entered through our website by approved members under the guidelines of this agreement. Any attempt to bypass this agreement and insert written content  or advertisements is expressly forbidden. Any person or business that inserts unauthorized written content or advertisments agrees to pay us $1,000.00 per day per written content, and or $1,000.00 per day for each individual item that makes up the advertisement.

“Friendsyouandme.com” does not verify any information provided by members other than their email and mobile telephone numbers, and makes no warranty, representation or endorsement to the validity of members as to their character, integrity, honesty, and background information.  When dealing with other members, you are responsible to independently confirm any and all such information provided by them including but not limited to: character, integrity, honesty, and background information, or anything else that may put you in peril.
Welcome to “FriendsYouAndMe.com or fyam.app”, (hereinafter sometimes referred to as “Website”) an online service for adults 18 years or older, that are interested in meeting new friends in person, online or simply wish to express an opinion about certain matters. You are solely and exclusively responsible for your use of the online services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
 
1.    By using the friendsyouandme.com website, you agree to be bound by this “Terms of Use Agreement". If you object to anything in this Agreement, or the   “Privacy and Behavior Disclosures”, do not use this Website or our Services.
This Agreement and the terms herein may be changed by the Company at any time and at its sole discretion. The effective date of any such change is the date of posting on the friendsyouandme.com website. Your use of the Service after such posting will constitute acceptance by you of such changes.
     If you live in the Continental United States, the internet service FriendsYouandMe.com is operated and provided to you by Friends You And Me, LLC., a Florida Limited Liability Corporation. Located at: 7901 4th Street North, St Petersburg, Florida 33702.
In this agreement, the words: “website”, “service”, “FY&M”, “company”, "we", "us", "our”, or “friendsyouandme.com”, "fyam.app" means “Friends You and Me, LLC.” and the words “Member”, “Guest”, “User”, "You”, “Your”, “Yourself" means the person who registers to become a member in the Service, and accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by us. 

2.    When you use our website you agree to the terms and conditions we have set out in this agreement.

3.    This “Terms of Use Agreement", “Behavior and the “Privacy Disclosure Policy” (collectively “Agreements”), are the entire agreements between you and us and it supersedes all other communications.
4.    Waiver. We may waive any term or provision of this agreement at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future.
5.    Assignment. We reserve the right in our sole discretion to assign the rights and delegate the duties under this Agreement to a company affiliated with us or to any other party without notice to you.
     6.    Governing Law. These terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to Florida’s conflict of law provisions,  and both parties to this agreement, agree to be bound to the jurisdiction of the Federal Court in the middle district of Florida
     (a)    Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in “friendsyouandme.com”. By accessing this Website or becoming a Member, you accept this “Terms of Use Agreement”, “Privacy Disclosure”, and “Behavior Policy” set forth separately on this Website and agree to the terms, conditions and notices contained or referenced therein.
(b)    Electronic Form. By accessing the Website or becoming a Member of FriendsYouandMe.com, you consent to have this Agreement, the Privacy Disclosure and Behavior Policy, and all amendments and changes thereto, provided to you in electronic form.
(c)    Non-electronic Copy. You have the right to receive this Agreement in non-electronic form by printing this Agreement. 

(d)    Withdrawing Your Consent. You have the right at any time to withdraw your consent to receive this Agreement in written form.
(e)    Should you decide to withdraw your consent after you have printed this Agreement, then simply sign off the website, which will terminate your then-current username and password. This means that you will no longer have the right to use the Website. If you desire to use the Website, you will have to reregister and we will issue you a new username and password provided you then accept these Agreements.
(f)    Notice. To withdraw your consent of this Agreement, simply sign off the website which will terminate your then-current username and password.
(g)    Prospective Nature. Your withdrawal of consent shall be effective immediately. However, 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.    
(h)    Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
8.    Eligibility. You must be at least eighteen (18) years of age to register as a member of “friendsyouandme.com” or use the Website. Membership and use of the Website 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.
9.    Membership and Subscription; Pricing. You may become a member of the Service at no cost. Only members are permitted to use this website. A guest or user is a person that uses and other members’ Email and Password to enter “friendsyouandme.com” and illegally use it.
Members agree not to provide illegal access to the website.
10.    Term. This Agreement will remain in full force and effect while you use the Website. You may terminate your Membership at any time, for any reason, by un-subscribing on the website. “FY&M” may terminate your Membership by sending notice to you at the email address you provided, or such other email address as you may later provide to us. All decisions regarding the termination of membership shall be made at the sole discretion of “FY&M”. 
     “FY&M” is not required to provide you notice prior to terminating your Membership, and is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your Membership 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. 
11.    Non-commercial Use by Members. The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not be 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 or 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 is with the permission of “FY&M”, which may be revoked at any time, for any reason, in “FY&M” sole discretion.
12.    Account Security.  You are responsible for maintaining the confidentiality of your Email and Password that you designated during the Registration process, and you agree to be fully responsible for all activities that occur under your username and password. You agree to: (a) Protect and keep secure from others your email and password and to immediately notify “FY&M” of any unauthorized use of your username or password or any other breach of security.
(b)    “FY&M” will not be 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 if you have linked your browsers Live ID to your friendsyouandme.com account. 
13.    Your Interactions with Other Members. Providing you have a dispute with another member, hopefully you will be able to work it out amicably. You are solely responsible for your interactions with other Members. You understand that “FY&M” does not in any way screen its Members, inquire into the backgrounds of its Members, nor confirm Member information provided. “Friendsyouandme.com” makes no representations or warranties as to the accuracy, truthfulness or completeness of content posted by Members, nor as to the behavior or conduct of Members, or their compatibility with any current or future Members. In no event shall the Company, its officers, directors or employees 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 Website, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other members or illegal users and Members of this Website or persons you meet through use of this Website.
You agree to take reasonable precautions in all interactions with other Members of friendsyouandme.com particularly if you decide to meet offline or in person. In addition, you agree to review and adhere “FY&M” “Behavior Policy” prior to using the website. You understand that “FY&M” makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. We strongly suggest you not provide your financial information, your credit card or bank account information to other Members, however you agree that under no circumstances will you use the Website to provide such information.
California residents hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
14.    Content on FriendsYouAndMe.com. (a) Proprietary Rights. “FY&M” owns and retains all proprietary rights in and on friendsyouandme.com. The Website contains the copyrighted material, trademarks, and other proprietary information of “FY&M”, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, deconstruct, or sell any such proprietary information.
(b)          Reliance on Content, Advice, Opinions, Etc., advice, statements, offers, or other information or content made available through the website, but not directly by “FY&M”, are those of their respective authors or members.
              Any use or reliance on any Content or materials posted on our website or obtained by you through our site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on our service or endorse any opinions expressed on our website. You understand that by using our website, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We do not actively monitor or control the Content posted on our website.
             Under no circumstances will “FY&M” or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Member or anyone.
15.    Content Posted by You, on friendsyouandme.com. (a) You are solely responsible for the Content that you publish or display (hereinafter, "post") on our website, or transmit to other Members. You will not post on the website, 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 Company or to any other Member. If information provided to friendsyouandme.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly repost the corrected information.
(b)    You understand and agree that “FY&M” may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of “FY&M” violates this Agreement or which might be offensive, illegal, or that might do mental or physical harm to anyone. 
(c)    The following is a partial list of the kind of Content that is illegal or prohibited on the Website. “FY&M” reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the website, terminating the membership of such violators, and without notice to Member, notifying the appropriate law enforcement agencies. It includes, but is not limited to, Content that: (1a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  (2a)    Harasses or advocates harassment of another person;
  (3a)     Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  (4a)     Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  (5a)    Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  (6a)    Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  (7a)    Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and 
  (8a)    Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
(e)    Your use of friendsyouandme.com, including but not limited to the Content you post on the website, must be in accordance with any and all applicable laws and regulations.
(f)    You may not include in your Member profile any false information including, but not limit to: telephone numbers, street addresses, last names, URLs, and etc.
(g)    You may not engage in any advertising that is not permitted on the website, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other members. “FY&M” cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from friendsyouandme.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period.
(h)    All information you include in your Member profile must be accurate, current and complete.
16.    Prohibited Activities. “FY&M” reserves the right to investigate and terminate your membership. and contact appropriate law enforcement agencies if you have misused the website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial but not exhaustive list of the type of actions that you may not engage in with respect to the Service:
(a)    You will not impersonate any person or entity.
(b)         You will not "stalk" or otherwise harass any person.
(c)         You will not express or imply that any statements you make are endorsed by “FY&M” without our specific prior written consent.
(d)    You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
(e)     You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.         
(f)    You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
(g)    You will not interfere with or disrupt friendsyouandme.com, servers or networks connected to the site.
(h)         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.
(i)    You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
(j)    You will not "frame" or "mirror" any part of the Service or the Website, without ““FY&M” prior written authorization.
(k)    You also shall not use Meta tags or code or other devices containing any reference to friendsyouandme.com or the Service or the site in order to direct any person to any other web site for any purpose.
(l)    You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
17.    Customer Service. “FY&M” assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right in our sole discretion to immediately terminate your membership.
18.    Modifications to friendsyondme.com. “FY&M” reserves the right at any time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that “FY&M” shall not be liable to you or to any third party for any modification, suspension or discontinuance of friendsyouandme.com. 
19.    You have the right to any Content you submit, post or display on or through the website. However, once posted on the website your right and ability to control your Content and restrict its further use and distribution (incorporated audio, photos and videos are considered part of the Content) may be limited.  You agree that Company has no responsibility or liability for any such use or distribution of your Content third parties including but not limited to other Members.
(b1)    License to use your content.  By posting, submitting or displaying Content to any public area of friendsyouandme.com, you automatically grant, and you represent and warrant that you have the right to grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating).
     This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for “FY&M” to provide, promote, and improve the website and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by “FY&M”, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the website as the use of friendsyouandme.com by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
     You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant “FY&M” the license described above. Furthermore you represent and warrant that public posting and use of your content by friendsyouandme.com will not infringe or violate the rights of any third party.
(b2)    License to Use Our Services. “FY&M” gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of your membership. This license has the sole purpose of enabling you to use and enjoy the benefit of     our services as provided by “FY&M” in the manner permitted by these Terms of Agreement. 
     The website friendsyouandme.com is protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms of Agreement gives you a right to use our name and any of our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to “FY&M” (excluding Content provided by users) are and will remain the exclusive property of “FY&M” and its licensors.
20.    Blocking of IP Addresses. In order to protect the integrity of the of website freindsyouandme.com, “FY&M” reserves the right at any time in its sole discretion and for any reason to block Members, and anyone from certain IP addresses from accessing the Website.  
21.    Removal of Material that Infringes Copyrights: The Company respects the intellectual property of others and requires that our users and Members do the same. “FY&M” has a policy that provides for the termination in appropriate circumstances of members and account holders of our services who are repeat infringers. Company also reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
     If you believe that any material residing on or linked to from friendsyoundme.com infringes your copyright, you must send Company's designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b)    Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on our website (such as the URL(s) of the claimed infringing material);
(c)    Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address;
(d)    A 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;
(e)    A statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and 
(f)    Your physical or electronic signature. Company's Agent for notification of claimed infringement can be reached  at:   
DMCA Notice
Friends You and Me, LLC., 630 Woodbridge Drive, Ormond Beach, Fl 32174.
(g)    If you posted material to friendsyouandme.com that “FY&M” removed due to a notice of claimed infringement from a copyright owner, Company will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the Company Sites or by written or electronic communication to such address you have provided to “FY&M”, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following: (i) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court in Middle Florida. If your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person's agent; and (iv) your physical or electronic signature.  Your filing of such counter notice does not require “FY&M” to reinstate any postings unless and until a final and binding order has been issued by a court of appropriate jurisdiction. 
(h)    Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
22.    Disclosures: (a)    Real Estate: Member dealing in real estate on our website agree to the following: “FriendsYouAndMe.com” is a free advertising media that provides a platform for buyers and sellers, landlords and tenants/renters, to connect to meet their respective real estate needs. “FriendsYouAndMe.com” is a free advertising media that provides a platform for buyers and sellers, landlords and tenants/renters, to connect to meet their respective real estate needs.                                                            
     “FriendsYouandMe.com” is not as an authority on real estate.
Real Estate Advertisements for sale or rent may be incomplete and not all conclusive. Completing the advertisement accurately and completely is the sole responsibility of the seller and landlord, and not “FriendsYouandMe.com”. “FriendsYouandMe.com” does not verify any information provided and posted by Seller or Landlord and makes no warranty, representation or endorsement to the validity of homes and personal property listed for sale or the rental thereof, as to the properties: condition, title, value, nor anything else and everything associated with the purchase or rental of real estate.  All buyers and renters are responsible to independently confirm any and all such information provided by Sellers and Landlords.

(b)    “FriendsYouAndMe.com” is a free advertising media that introduces buyers and sellers or givers and recipients of personal property to meet for their respected needs.
     “FriendsYouAndMe.com” is not an authority on personal items of any type nor related commercial transactions related to the transfer of ownership. The descriptions and content describing any features and prices for free items, and items for sale, are the givers or sellers responsibility and not “FriendsYouAndMe.com”. “FriendsYouAndMe.com” does not verify anything and makes no endorsement to the validity of the products, condition, safety, title, value, and everything associated with personal property, and the transfer of title.
     “FriendsYouAndMe.com” is not a party to any Personal Property transactions occurring between Members and thus expressly disclaims all warranties and liability for any such Personal Property transaction between Members.

(c)    Member creating comments and re-comments agrees to the following: No advertising is permitted in the comment area. 
     A two sentence recommendation for a business, plus their name and telephone number that you would like to inform others about, is allowed. Anything more than that is considered a paid advertisement, at a charge of $2,500.00, payable on demand to the person placing the advertisement. 
(d)    No advertising is permitted in the “Free Listing Area (Free Items For Sale). 
All areas listing items for sale are exclusively for members personal items. Any business or individual promoting a service, offering items for sale for money in the free listing area, is considered a paid advertisement, at a charge of $2,500.00, payable on demand to the person placing the advertisement.
23.    Disclaimers.
(a)    The “FY&M” is not responsible for any incorrect or inaccurate Content posted on friendsyouandme.com or in connection with the website, whether caused by illegal users of the Website or Members, by any of the equipment or programming associated with or utilized in the website, and advertisers of the website. “FY&M” is not responsible for the conduct, whether online or offline, of any user of the website or member of the Service. “FY&M” assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. “FY&M” is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer or any devise related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will “FY&M”, its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the website or, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The website friendsyouandme.com is provided "AS-IS" and “FY&M” expressly disclaims any warranty of fitness for a particular purpose or non-infringement. “Friendsyouandme.com” cannot guarantee and does not promise any specific results from use of the Website or its content. 

(b)     In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. “FY&M” makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist. 
24.    Links. The website friendsyouandme.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because “FY&M” has no control over such sites and resources, you acknowledge and agree that “FY&M” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, hacking of your information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that “FY&M” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource. 
25.     Limitation on Liability. In the event of a breach of this Agreement by “FY&M” resulting in damages to you, it is mutually agreed that you may recover limited damages. Further, the parties agree that this provision is intended to restrict claims for damages, even though they may be inadequate. If any proceedings is necessary to enforce or interpret the terms of this agreement; then, under this agreement, both parties agree that your liability shall be limited to Five hundred dollars ($500.00) and the maximum liability shall never exceed Five hundred ($500.00) dollars, which sum shall be considered liquidated damages and reasonable compensation in the event of a breach of this agreement by us. Notwithstanding the foregoing, in no event shall our liability ever exceed the sum of five hundred ($500.00.) dollars. Said sum shall serve as full and complete damages. You hereby waive any claim or claims currently existing or arising in the future, which arise out of your activities in connection with this agreement or otherwise, including, but not necessarily limited to, any personal injury claim or contractual liability. 
26.    U.S. Export Controls. Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) 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 (ii) 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. 
27.    Arbitration Agreement and Class Action Waiver
(a)     “FY&M”, including its Company Affiliates, agents, employees, predecessors in interest, successors, and assigns, and You agree that any Dispute (as defined herein) between you and “FY&M”, regarding any aspect of your relationship with Company, will be resolved in a binding, confidential, individual and fair arbitration process, and not in court. Company and You agree to give up the right to sue in court.
(b)    The term "Dispute" is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term "Dispute" specifically includes, but is not limited to, any disputes, actions, claims, or controversies between you and the Company that arise from or in any way relate to or concern any Content, products or services provided by “FY&M” including but not limited to the “FY&M” services (as defined above), this Arbitration Agreement, any other aspect of these Terms of Use (including their applicability and their conformance to applicable law), any billing disputes, and any disputes relating to blogging and posting on Companies website, telephonic, text message, or any other communications either of us received from the other. The only exceptions to this Arbitration Agreement is that Company and You retain the right to sue in small claims to enjoin infringement or other misuse of intellectual property rights. Paragraph 25 shall apply. Disputes over whether these exceptions apply shall be resolved by the court. All other disputes over arbitrability shall be resolved by the arbitrator.
(c)    “FY&M” and You agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of You and Company
(d)    There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow this Agreement. The arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages); provided that they are recoverable under these Terms of Use.
(e)    These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement shall survive termination of the Terms of Use.
(f)    Any arbitration between you and Company will be conducted by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules"), as modified by this agreement to arbitrate. The arbitration shall be conducted by a single, neutral arbitrator, and if Company and You cannot reach agreement on who that arbitrator will be, JAMS Rules 12 will apply. See JAMS Rules on its website.
(g)    If either you or Company wish to arbitrate a claim, you or Company must first send by mail to the other a written Notice of Dispute ("Notice") that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Company Service to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by U.S. Mail Registered to: Arbitration Notice of Dispute, Company will send any Notice to you at the contact information we have for you or that you provide. It is the sender's responsibility to ensure that the recipient receives the Notice. During the first 45 days after you or we send a Notice to the other, you and we may try to reach a settlement of the Dispute.
(h)    If you and we do not resolve the Dispute within 45 days, either you or we may initiate arbitration in accordance with the JAMS Rules. Further instructions on submitting a Demand for Arbitration may be found at: http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. 
(a1)    You and the Company acknowledge and agree to abide by the following rules for arbitration:
(a2)    YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF;
(a3)    The arbitrator may award any individual relief or individual remedies that are permitted by these Terms of Use;
(a4)    Each side pays his, her or its own attorneys' fees, except as otherwise provided in paragraph (a7) below.
(a5)    JAMS charges filing and other fees to conduct arbitrations. The claimant has to pay the filing fee to initiate arbitration.
(a6)    Regardless of how the arbitration proceeds, each of you and Company shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision sufficient to explain his or her findings and conclusions.
(a7)    Each of you and Company may incur attorneys' fees during the arbitration. Each side agrees to pay his, her or its own attorneys' fees. If Company wins the arbitration, you will be responsible for your own attorneys' fees. In addition, if the arbitrator, at the request of the winning party, finds that the losing party brought a claim or asserted a defense frivolously or for an improper purpose, then regardless of the amount in dispute, the arbitrator must order the losing party to pay both sides of the arbitration fees and may order the losing party to pay the winning party's reasonable attorneys' fees, unless such an award of fees is prohibited by applicable law.
(a8)    Paragraph 25 shall prevail in arbitration. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief not allowed under this Arbitration Agreement. The arbitrator also may not order Company to pay any monies to or take any actions with respect to persons other than you, unless Company explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order. Further, unless Company expressly agrees, the arbitrator may not consolidate other persons' claims with yours, and may not otherwise preside over any form of a representative, multi-claimant or class proceeding.
(a9)    You and Company agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any mediation, proceedings of the arbitration, the arbitrator's decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, You and Company agree that an order confirming award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.
(a10)    If any part of this Arbitration Agreement is deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained.
28.    Indemnity by You. You agree to indemnify and hold “friendsyouandme.com”, the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
29.    Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. 
30.    Other. This Agreement contains the entire agreement between you and “friendsyouandme.com” regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement. “friendsyouandme.com” is a trademark of Friends You and Me, LLC.