Welcome to Personable.com’s Individual User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Personable.com. If you do not accept these terms and conditions or have any questions, please contact us at support@personable.com.
We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective 30 days after they are initially posted on our site. This agreement was revised on April 8, 2000.
  1. Eligibility for Membership - Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Personable.com may refuse our services to anyone at any time, at our sole discretion.
  2. Subscription Fees - Our current Subscription Fees are available at http://www.personable.com/individual/software_fees.asp, and are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.
  3. Personal Information - Personal information includes any information you provide to us during the registration process. Personable.com will only use Your Information in accordance with our Privacy Policy, http://www.personable.com/inc/privacy.asp.
  4. System Integrity - You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Personable.com site or any account on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
  5. Hazardous Activities - The Personable.com system is not designed or intended to use in any environment in which the failure of the Personable.com system could lead to death, personal injury or severe physical or environmental damage, such as the design or operation of nuclear facilities, aircraft navigation or communication system, air traffic control, direct life support machines or weapon systems or in the on-line control of equipment in any hazardous environment requiring fail-safe performance. Personable.com, its licensors and suppliers specifically disclaim any express or implied warranty of fitness for Hazardous Activities.
  6. Breach - We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us
  7. Disclaimer of Warranties - WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF OUR SERVICES.
  8. Privacy - Our then-current privacy policies, available at http://www.personable.com/inc/privacy.asp, are incorporated herein by reference.
  9. Limit of Liability - IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
    OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
  10. General Compliance with Laws - You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
  11. No Agency - You and Personable.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  12. Arbitration - Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Jose, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Personable.com may seek any interim or preliminary relief from a court of competent jurisdiction in San Jose, California necessary to protect the rights or property of you or Personable.com pending the completion of arbitration.
  13. General - This Agreement shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
  14. Disclosures - The services hereunder are offered by Personable.com, Inc., located at:
    17760 Newhope Street,
    Fountain Valley, CA 92708

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