Head Chatter Terms of Use
Last updated January 26, 2025
Welcome to Pine Mountain Club Resident Connect™, a service provided by Head Chatter™, a Prescott-Darling Series LLC.
This Website was created for the personal use and entertainment of the residents, former residents, and their friends and family (that reside anywhere in the U.S.), of Pine Mountain Club, California.
These Terms of Use constitute a legally binding agreement made between you ("you") and Head Chatter ("we," "us" or "our"), concerning your access to and use of the Head Chatter website at www.HeadChatter.com (the "Head Chatter Website," "Website" or "Service" or "Site") as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Website.
The following Terms of Use apply to your access, use, interaction, and membership ("Membership") to the Website by any means including by email, text or phone as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Website, and constitutes your unconditional agreement to be bound by these Terms of Use and all amendments that are made to this agreement from time to time. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
It is your responsibility to periodically review these Terms of Use to stay informed of any updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted. Your alert to any changes will be the "Last updated" date shown, and you waive any right to receive specific notice of each such changes by any means.
You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Website and you must discontinue use immediately and exit the Website.
You Must Be at Least 18 Years Old
You represent and warrant that you are at least 18 years old and are aware that the Website is solely for individuals who are at least 18 years old and are not prohibited by any law from using the Website or services it provides. Memberships obtained by anyone under 18 are prohibited and will be terminated if discovered and may include a permanent block of the IP address used to obtain the Membership.
Creating an Account
In order to access the Service, you must create an account ("Account"), provide your ten-digit tract/lot number (0000000-000) if we request it, and pay the applicable Membership fee to become a Member of the Service. You must be a resident, a former resident, or a friend or family member of a resident or former resident, of Pine Mountain Club, California.
By creating an Account and becoming a Member, you represent and warrant that you are at least 18 years old. During the account creation process, you will be required to provide certain information that includes billing information and you will establish a Username ("Username") and a password ("Password"). You agree to provide accurate, current and complete information during the account creation process and to update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your Account and Membership if any information you provide during the account creation process or thereafter proves to be inaccurate, false, not current, or incomplete. If your account is terminated, it may include a permanent block of the IP address and other information you used to obtain the Membership.
You are responsible for safeguarding your Password. You agree not to disclose your Password to any third party and to take sole responsibility for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must immediately notify us or our designated Website manager ("Manager" or "Managers"), of any unauthorized use of your Account. You are responsible for dishonored checks, inappropriate "chargebacks" or credits to your payment method and any related fees that we incur with respect to your Account.
Responsibility for Your Account
As part of the account creation process, you will be creating a unique Username and Password to gain access to the Website. You certify that when asked to choose a Username you will not choose a name that otherwise would be in violation of the rights of any third party. We reserve the right to disallow the use of any Usernames that we, in our sole discretion, deem inappropriate. We reserve the right to cancel the Membership of any Member at any time that uses their selected Username in violation of these Terms of Use or in any other way we, in our sole discretion, deem inappropriate. Your Membership Username, and Password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your Username and Password and that you will not provide access to the Service to anyone who is below the Age of 18, or otherwise does not wish to view the content on the Website.
You are solely responsible for maintaining the confidentiality of your Username and Password and you are fully and solely responsible for all activities that occur under your Username and Password. We will not release your Password for security reasons. If you forget your Password, use the "Forgot Password" link provided in the lower portion of the "Login" window. You agree to (a) immediately notify us of any unauthorized use of your Username and Password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. You are liable and responsible for any unauthorized use of the Website until you notify us through the Website "Contact Form" or by emailing us regarding that unauthorized use. Unauthorized access to the Service is illegal and a breach of these Terms of Use. You agree to indemnify the Service against all activities conducted through your Account. You may obtain access to your billing records via your Bank or Credit Card company you selected upon creating an Account and Membership by logging into your Account at the website of your financial institution, for example, Wells Fargo or Capital One or Citibank.
The Username you choose cannot be of a sexual nature, obscene, violent, or intentionally offensive, does not impersonate any person and is not a business name or commercial name unless you have a StoreFront, OfficeFront, or ServiceFront business Membership.
Your Membership Profile
You can create a unique profile for use on the Service. It should not include telephone numbers, street addresses, URLs, multimedia, email addresses, business or your company information, or any other personal contact information unless you have a StoreFront, OfficeFront, or ServiceFront Membership. Additionally, you are not required to use your "REAL" name as your Username or in your profile unless you have a StoreFront, OfficeFront, or ServiceFront Membership. No content posted to your Profile may contain links, photos, symbols, messages, art, or any other material of a sexual nature, be obscene, violent, or intentionally offensive, impersonate any person or promote or advertise a business or company unless you have a StoreFront, OfficeFront, or ServiceFront Membership. You understand and agree that anyone on the Service may be able to view any information you choose to make available in your profile. We reserve the right to remove any Content, Materials or Information in your Profile at any time and for any reason without notice to you.
Right to Use
Your right to use the Service is subject to any limitations, conditions, and restrictions established and enforced by Us and from time to time, in our sole discretion. We may alter, suspend, or discontinue any aspect of the Website and Service at any time for any reason, including the availability of any Website features, databases, links, Chat Rooms, Business Chat Rooms, or Content without notice or liability. We may also impose limits on certain Features, Chat Rooms, and aspects of the Website or restrict access to parts or all of the Website without notice or liability.
Exclusive Use
You will only use the Website and Service for your sole, personal use and not in connection with any commercial endeavors unless you have a StoreFront, OfficeFront, or ServiceFront Membership. You will not authorize others to use the Website or otherwise attempt to transfer your right to use the Website to any other person or entity.
Export Control
The Website must not be viewed or used in, or exported or re-exported to, any jurisdiction in which the access, viewing, downloading, or other use of the Website would or could reasonably constitute a violation of any law, regulation, rule, or custom. The Website must not be accessed by any country under U.S. embargo; or any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The foregoing is not exhaustive, and you are solely responsible for complying with the laws, regulations, rules, and customs in your own jurisdiction and while traveling abroad before accessing the Website.
Privacy and Use of Information
As more fully set forth in our Privacy Policy and any Supplements, your personal information will not be sold to any third party. Please note, however, all information you provide to us may be shared with other third parties as necessary to comply with applicable billing and accounting processes, our communications with you, and to generally cooperate with law enforcement and the court system in investigating any suspected criminal activities or otherwise, including, without limitation, in response to inquiries from law enforcement and regulatory agencies. Please read our Privacy Policy and our any Privacy Supplements.
Code of Conduct
You agree to use the Website in accordance with the following Code of Conduct:
You are solely responsible for any content, including, but not limited to, links to websites, text, audio or music, video recordings, photographs, graphic depictions, creative works, art, or any other type of material, data or information (collectively, the "Content") that you post or share in any communications with other Members on the Website or post or display anywhere on the Website. You will keep all Content provided to you through direct messages, private and confidential, and will not disclose such Content to anyone without the permission of the Member who provided it to you.
You will not use the Website to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive or defamatory statements; pornographic, obscene, or offensive language.
You will not post any Content or use the Service in any way that: a) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or b) is fraudulent or otherwise unlawful conduct in connection with your use of the Website or violates any law.
You will not upload to the Website any illegal or extreme content, whether real, Hentai, animations or any other medium of expression, including, but not limited to any type of Pornography, Extreme Violence, Gore, Physical Harm or Injury, Bodily Fluids, Medical Procedures, Abuse, Severely Injured Animals or People, Gun Play, Knife/Blade Play, or any other content that We deem extreme or inappropriate.
You will not use the Website to distribute, promote, sell or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services without prior permission. Chain letters, MLM schemes, and fund raising through platforms for example, GoFundMe, are prohibited.
Your use of the Website is for your own personal use. You may not allow others to use the Website with your login information and you may not transfer your Account and Membership to other people.
You will not use the Website to infringe on any privacy right, property right, or other civil right of any person or Member.
Content Posted by You and Other Members
By displaying or publishing ("Posting") any Content on the Service, you hereby grant to the Service a non-exclusive, fully paid and royalty-free, and worldwide limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content. You also authorize the Service to post any and all photographs uploaded by you throughout the Website and other associated WebApps. The Service hereby asserts immunity with respect to all Content provided by Members, any individual that gains access to the Service with or without permission or Membership or other third parties, as provided by law, including, but not limited to, under the Communications Decency Act. We will remove any Content that you or anyone may post on the Service at any time or upon being notified, as provided in these Terms of Use, that the Content you posted on the Service violates the intellectual property rights of another. We may remove any Content that you post on this Service that we believe, in our sole discretion, violates these Terms of Use without any obligation to provide you with a reason or prior notice of such removal. You may not post any Content that solicits any information or response from anyone under 18 years of age, solicits any information that might be used for unlawful purposes, or encourages unlawful activities. The Service reserves the right, in the Service's sole discretion, to immediately suspend your Account, file for injunctive relief, file for civil redress and/or report any conduct that violates these Terms of Use to any and all authorities that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Service as a result of Content you have posted on the Service, or you are engaging in any prohibited activities, as set forth in this section and in these Terms of Use, you agree to indemnify and hold the Service harmless with respect to all costs and expenses, including, but not limited to, attorneys' fees that the Service may incur as a consequence of your posting of such Content or engaging in such prohibited or unlawful activities.
Member Responsibilities
The Service does not conduct criminal background checks on its Members. We do not inquire into the backgrounds of Members or verify any of the statements made by Members. The Service makes no representations or warranties as to the conduct of Members or their compatibility with any future or current Members. We reserve the right to conduct a criminal background check or screening at any time using public database records.
The Service will not be liable for any damages whatsoever, direct or indirect, compensatory, special, general, consequential, and/or incidental, relating to your actions or conduct, the conduct or actions of any Member or anyone else in connection with the use or management of the Service. This includes without limitations, mental or emotional distress, bodily injury, and/or any other damages or losses resulting from the meeting or communication with other Members on the Service by any means. You agree to take precautionary measures in all communications and interactions of any type with anyone you meet on the Service. If you decide to meet anyone you have met on the Service face-to-face or in-person, you understand that the Service makes no guarantees, either express or implied, regarding your security or safety with those individuals you decide to contact outside the Service or to meet face-to-face. Never provide any financial information such as bank account numbers or credit card information to other Members for any reason. We will never ask you for financial or personal information, or your login/password information in a Chat Room or in a Direct Message.
Interactions with Other Members
You assume all risk when using the Service, including but not limited to all risks associated with any online or offline interactions with Members or others, including meeting and dating. There is no substitute for acting with caution when communicating with any person you do not know who may want to meet you. YOU ACKNOWLEDGE THAT WE DO NOT ROUTINELY SCREEN OUR MEMBERS, INQUIRE INTO THE BACKGROUND OF OUR MEMBERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR MEMBERS OR CONDUCT CRIMINAL SCREENINGS OF OUR MEMBERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS (INCLUDING THE SEARCH ON ANY SEX OFFENDER REGISTRIES). YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH SEARCHES OR INVESTIGATIONS. We do not make any representations, warranties or guarantees as to the conduct of Members or non-members on the Service, or any information or advice provided by any Members or non-members. You acknowledge that we may create Membership Accounts to monitor the operation of the Service. You agree to take all necessary precautions when meeting other Members on the Service and off the Service, especially if you decide to meet Member(s) in-person. IN ADDITION, YOU AGREE TO TAKE PRECAUTIONARY MEASURES FOR YOUR PERSONAL SAFETY PRIOR TO MEETING ANY MEMBER(S) FACE-TO-FACE. You agree to follow our "Community Guidelines" located and accessible from your Account Menu and other prominent areas of the Website, that provides general advice aimed at engaging in safer practices, such as not providing your last name, home address, any personal information, financial information (such as your credit card number or your bank Account number) or other identifying information to other Members. You agree to treat all Members with dignity and respect and comply with our Community Guidelines and these Terms of Use.
Use of Information
We cannot ensure the security or privacy of information you or Members of the Service provide through the Service including through postings, email, phone, direct and instant messaging or postings anywhere on the Service. You hereby release the Service from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other Members or parties.
The Service is not responsible for and cannot control the use of any information provided by anyone on the Service. You should always use caution when providing personal information to other Members or anywhere on the Service.
The Service cannot and does not assume any responsibility for the Content of any communication sent by any Member anywhere on the Service including the Content posted to Member profiles or in any Chat Room or Direct Message, and you release us from any and all liability in connection with the contents of any such communication you may receive from other Members.
You agree that you will not bring legal action against the Service or any of its employees, officers, managers, owners, service providers or agents for any damages of any kind, under any theory, as a consequence of using the Service or Content posted anywhere on the Service.
Any and all images uploaded to the Service become the property of the Service and may be used by the Service, without restriction, as marketing materials. By accepting these Terms of Use you specifically authorize Us to use any images you upload to the Service for marketing the Service at our sole discretion.
You may not use the Service for any unlawful purpose. We may refuse to grant you Membership or discontinue your use of the Service, your Username, for whatever reason, including, but not limited to, a Username you have selected or that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by Us at our sole discretion.
The Service is offered through and accessible through a number of web browsers and devices. You acknowledge and accept that all Content that you post to the Service may be searchable and available to anyone who has access to the Service.
Monitoring of Content
We reserve the right, but have no obligation, to monitor any public or private postings made by you or others to ensure they conform to these Terms of Use and our Community Guidelines, which may be updated from time to time. We also reserve the right, but have no obligation, to monitor any and all messages, conversations, and chats occurring on the Service. We are not responsible for any offensive or obscene materials or Content transmitted or posted by Members or others, including unauthorized users or "hackers." As mentioned above, we are also not responsible, under any circumstances, for the use of any personal information that you post or transmit through the Service.
Posted Content
While we do not and cannot review every communication, Content, or other material posted or sent through the Service, we are not responsible for any Content, communications, messages, or materials found on the Service. We reserve the right, but are not obligated, to delete, move, edit, modify, store, or back up any Content, communications, messages, or materials, including, but not limited to, advertisements, links, files, public or private postings, or messages, for any reason, including if we deem these Terms of Use or our Community Guidelines have been violated or if such materials are otherwise found to be unacceptable in our sole discretion. Notwithstanding our right to delete, move, or edit communications, messages, or materials, you remain solely responsible for the Content, links, videos, public and private postings, and any other materials you upload, post, or otherwise provide to Members of the Service.
No Warranty with Respect to Member-Provided Content, Shared Content, or Provided Services or Merchandise
We do not and cannot guarantee the accuracy of any Content, Services, or Merchandise offered, shared, posted, or made available by any Member or any person accessing the Service, including, but not limited to, information provided in a Member's profile or Services or Merchandise offered in StoreFront, OfficeFront, or ServiceFront Chat Rooms. You acknowledge and agree that we have no responsibility or liability for any inaccuracies, whether intentional or unintentional, made by any Member or person accessing the Service.
Furthermore, you acknowledge and agree that the Service is not a marketplace. Any contract of sale or purchase made anywhere on or through the Service is solely between you and the Member and/or seller.
Website Security
The Service may only be used for lawful purposes. Activities including, but not limited to, tampering with the Website, using agents, surveilling Members or their activities, impersonating an employee of the Service or a Member, or conducting fraudulent activities are prohibited.
You are prohibited from violating or attempting to violate the Website security, including, without limitation:
(a) using the Service for unintended purposes or attempting to alter the Website's behavior;
(b) accessing data not intended for your use;
(c) attempting to scan, probe, or test the system or network for vulnerabilities, or attempting to breach security or authentication measures without proper authorization;
(d) forging any TCP/IP packet header or any part of the header information in any email or posting;
(e) forging communications on behalf of the Service (e.g., impersonating the Service) or to the Service (e.g., impersonating a legitimate Member, user, employee, manager, or contractor of the Service); or
(f) attempting to interfere with the Service or any Member or user, host, or network, including, without limitation, submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing," or "crashing" the system; sending unsolicited and unauthorized emails on behalf of the Service or its managers, including promotions or advertisements for products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software, routine, or data to interfere or attempt to interfere with the proper operation of the Website or Service, or any activity being conducted on the Website or Service. You further agree not to use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including, but not limited to, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or Service other than the search engine and search agents that may be provided by the Service or generally available public browsers.
Availability of Service
The Service, its Managers, Service Providers, and Suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its availability for any reason, including performing maintenance activities or maintaining session control.
You acknowledge that Service outages and access to the Website can be interrupted by your Internet Service Provider (ISP) or our ISP at any time, for any reason, and without prior notice. Access to the Service requires an account with an ISP, such as Frazier Mountain Internet Service, AT&T, HughesNet, Starlink, Zito Media, or another provider. It is your responsibility to maintain your account and contact your ISP in the event of service outages or interruptions. We have no control over your ISP.
Termination of Service
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, but not limited to, a breach of these Terms of Use or our Community Guidelines. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may result in termination of your access to the Service, and we reserve the right to refer such activity to the appropriate law enforcement agencies.
Proprietary Information
The Service contains information that is proprietary to Us and/or Members of the Service. We assert full copyright protection on the Service. Any information posted by Us or any Member of the Service may be protected, whether or not it is identified as proprietary. You agree not to modify, copy, or distribute any such information in any manner whatsoever without first receiving the express permission of the owner(s) of such information.
Account Security
Your Account is private and should not be used by anyone else. You are responsible for all use and activity on the Service under your Account, including, but not limited to, any use of your Password by third parties.
Third-party Advertisements
The Service may contain advertisements and promotions from third parties, or provide information about or links to third-party products or services. Your dealings or communications with, or participation in promotions of, or purchases from, such third parties—along with any terms, conditions, warranties, or representations associated with these dealings or promotions—are solely between you and the third party. The Service is not responsible for, and does not endorse, any features, content, advertising, promotions, products, services, or other materials from third parties or third-party websites, including business Members on StoreFront, OfficeFront, or ServiceFront. You agree that the Service shall not be liable, directly or indirectly, for any loss or damage incurred as a result of dealings with such third parties or from the presence of third-party content, advertisements, or information on the Service.
Links to Third-Party Websites and Content
The Service, and any communications you receive from the Service and its Managers, may contain links to third-party websites, including but not limited to those that display or may contain trademarks. These links are provided for your convenience and are intended only to enable access to these third-party websites, and for no other purpose. The Service does not warrant or make any representations regarding the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representation about any third-party website or its content. A link to a third-party website on the Service, or provided in an email or any other communication, does not constitute sponsorship, endorsement, approval, or responsibility by the Service. The Service makes no representation or warranty as to any products or services offered or sold to you on any third-party website or by any Member of the Service promoting their business anywhere on the Service, including in StoreFront, OfficeFront, or ServiceFront Chat Rooms.
Conditions of use and privacy policies for third-party websites may differ from the legal notices that apply to your Membership and use of the Service. Please review the conditions of use for all third-party websites for more information about the Terms of Use that apply to them.
Service and Site Communications
The Service and its Managers and Service Providers may communicate with you in various ways, including direct email, text messages, phone calls, or through messages posted within the Service. We may also enhance the Member experience by offering certain individuals free Membership and other compensation for various purposes, including promoting Member involvement and participation. Additionally, we reserve the right to send electronic communications, surface mail, calls, or texts for the purpose of informing you of changes or additions to the Service, violations of these Terms of Use, any Account-related matters, or any Service-related products or services.
Feedback Rights
To the extent that you provide Us with any comments, suggestions, or other feedback regarding the Service or other Service products or services (collectively, the "Feedback"), you will be deemed to have granted the Service or its Managers exclusive, royalty-free, fully paid, perpetual, irrevocable, worldwide ownership rights to the Feedback. The Service and its Managers are under no obligation to implement any Feedback it may receive from Members.
Complaints Against Members
To report a complaint regarding a Member of the Service, you should send a message detailing your complaint using the "Report" link located in your Account Menu, or by visiting the "Contact Us" page on the Website or following the "Contact Us" link in your Account Menu. Please provide us with the details of your complaint, and we will make every effort to investigate and address the issue as expeditiously as reasonably possible.
Membership Fees
All Membership prices are inclusive. Please note that WE USE AN AUTOMATIC REBILLING CYCLE BASED ON YOUR SELECTED PAYMENT OPTION. When you purchase a Membership to the Service, unless you cancel your Membership at least forty-eight (48) hours prior to its next billing date, your Membership (also referred to as a subscription, "Subscription") will automatically renew at the then-current monthly or yearly Subscription rate. If you purchase a discounted three (3) month, six (6) month, or longer Subscription to the Service, if offered, unless you cancel your Membership at least forty-eight (48) hours prior to its expiration, your Subscription will automatically renew at the Subscription rate equivalent to the amount paid by you for the Subscription divided by the number of months in your Subscription. Membership fees for the Service are prominently displayed prior to your Subscription. You agree to pay all Membership fees when due, according to these billing terms.
At the time you become a Member, you must select a payment method. The Service reserves the right to contract with one or more third-party payment processors or financial institutions to process all payments. Such third parties may impose additional terms and conditions governing payment processing. You may need to establish an account with a payment processor such as Stripe or PayPal. Please note, your card issuer or bank agreement may contain additional terms regarding your rights and liabilities when using their bank-issued debit or credit cards. You agree to pay all amounts due to Us immediately upon cancellation or termination of your Account. We reserve the right to make changes to our Membership fees and billing methods, including the addition of supplemental charges for any content or services we may provide or that you request, with or without prior notice to you, at any time.
Discontinuation of Service for Nonpayment
Access to the Service may be denied or discontinued without notice at any time if your bank, credit card, or debit card provider denies or discontinues providing credit or debits to you for any reason, or if you fail to make a payment when due, or if you do not provide us with an updated credit card expiration date before the existing one expires, and your payment for Membership or any other service we provide is declined.
Billing Errors
If you believe that you have been billed in error, please notify us immediately so we can resolve the issue as quickly as possible. If we do not hear from you within sixty (60) days after such a billing error first appears on any Account statement, the fee will be deemed acceptable by you for all purposes, including any resolution of inquiries made by your bank or credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within sixty (60) days of its appearance on your statement.
Refund Policy
It is very important to us that you are completely satisfied with your Membership, and we are committed to ensuring you have a positive experience using the Service.
If for any reason you are not satisfied with your Membership at any time, we will gladly provide you with a full refund for up to two (2) months of your paid Membership.
To receive a refund, click the "Contact Us" link located on the Website or follow the "Cancel Membership" link in your Account Menu, and we will process a refund and cancel your Account. We may issue you a check made payable to you and send it to the name and address you provided when you created your account or process the refund through the financial institution you used to pay for your Membership.
Refunds typically take 3-5 business days to process and may take up to 7-30 business days to appear on your bank or financial institution statement. If you do not see a refund within thirty (30) days, please contact us immediately.
Membership Cancellation
You can cancel your Membership at any time by clicking the "Cancel Membership" link in your Account Menu or by using the "Contact Us" link located on the Website.
Upon receiving your request to cancel your Membership, we will notify our payment processor to stop billing and cancel your Membership. Any and all postings, including conversations, your profile, chats, and content you shared on the Service—whether still visible or archived—may, at our discretion, be deleted or removed from the Service.
Website Advertising Terms and Conditions
Advertising Standards
All ads submitted for publication or display must comply with applicable U.S. laws and may not be indecent, obscene, or defamatory. All advertising is subject to our approval. We reserve the right to refuse any advertisement at our sole discretion for any reason, including but not limited to offensive or inappropriate content.
Advertising Specifications
All accepted Advertisements must comply with the relevant advertising specifications. We reserve the right to request or make changes to an Advertisement if we reasonably believe such changes are necessary to comply with the Can-Spam Act and/or federal or state advertising laws. This includes, but is not limited to, modifying the subject line of an email advertisement or adding an "ADVERTISEMENT" label to content that appears to be editorial in nature.
Payment Terms
Current advertising rates apply and may be changed by us at any time without notice. Advertisement orders greater than $100.00 must be paid prior to placement unless credit is approved. Where credit has been approved, the Advertiser agrees to pay upon presentation of the invoice. Payments may be accepted via check or credit card (MasterCard, VISA, American Express). A penalty of 1.5% per month will accrue after 30 days.
Advertisers in Email Advertising programs must pay for their advertisement prior to the email being sent.
We shall have the right to hold Advertisers and/or their advertising agency liable for any unpaid amounts for advertising that the Advertiser or its agency ordered and which was published. Sequential liability clauses will not be accepted. The Advertiser and agency agree to hold the publisher harmless from any and all claims or suits, including attorney fees, arising out of advertising published.
Cancellation of Advertising
A written cancellation of an order must be received 48 hours prior to the renewal date to avoid billing. No cancellation, including those sent by email, will be accepted without written acknowledgment from us confirming receipt.
Due to the nature of online advertising, we generally do not offer refunds. Once an ad is posted, it will immediately gain exposure to our audience. However, no guarantees are made as to the success of the advertisement.
Advertisements cancelled prior to appearing on the Website will be refunded in full.
Advertisers should check their advertisements for errors on the first day of publication. No credit will be given for errors that do not materially affect the value of the advertisement.
No refunds are offered to Advertisers who wish to cancel enhancements to an ad posting after the advertisement has been published for the first time online.
Approved refunds for credit card transactions may be issued as bank checks.
We reserve the right to edit, classify, reject, or cancel any portion or all of an advertisement at our sole discretion. Any advertising language that does not comply with federal, state, or local laws—including those regarding the prohibition of discrimination in employment, housing, and public accommodation—will be rejected.
Intellectual Property Rights
You retain the copyright of your Advertisements. By submitting Advertisements or the contents for Advertisements, however, you hereby grant us a worldwide, irrevocable, non-exclusive, and transferable license to reproduce the Advertisement, including any trademarks therein, and including, without limitation, in any future archive or database, in any medium, now known or later invented.
Warranties and Indemnity
Advertiser warrants and represents that the Advertisement does not contain any material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless Advertiser is the owner of such rights or has permission from the rightful owner for the purpose of the Advertisement. By submitting an Advertisement, Advertiser represents and warrants that it owns or has the necessary licenses, rights, consents, and permissions. Advertiser also represents and warrants that the Advertisement is not defamatory or libelous, obscene, or contrary to applicable local, national, and international laws and regulations.
Advertiser agrees to defend, indemnify, and hold harmless the Service, our officers, managers, directors, owners, employees, service providers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including, but not limited to, attorney's fees) arising from any breach, or alleged breach, of the warranties identified in this section.
Limitation of Liability, Disputes
In no event shall the Service, its officers, managers, directors, owners, employees, service providers, or agents be liable to the Advertiser for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever relating to the Advertisement. Any liability by the Service shall be limited to the amount paid for an Advertisement. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree that any dispute arising from, relating to, or in any manner connected with this agreement shall be construed under and resolved in accordance with the laws of Wyoming, exclusive of its choice of law principles. Any such dispute shall be litigated only in Kern County, Wyoming, to the personal jurisdiction of which you hereby consent. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST PCPAL, LLC ARISING OUT OF OR RELATED TO AN ADVERTISEMENT MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous Provisions
Should any provision in these Advertising Terms of Use be deemed ineffective or unenforceable, that shall not affect the validity or enforceability of the remaining provisions of these Advertising Terms & Conditions. No alterations or variations of the Advertising Terms & Conditions shall be valid unless made in writing. Neither the failure of PCPal, LLC to enforce at any time any of the provisions of this Agreement nor the granting at any time of any other indulgence shall be construed as a waiver of that provision or of the right of PCPal, LLC afterwards to enforce that or any other provision. This Agreement may not be amended, nor any obligations waived, except in writing and signed by an authorized representative of PCPal, LLC.
Competitive Advertising Restrictions
The Service reserves the right, at its sole discretion, to refuse any advertisement that competes, or is perceived to compete, in any way with the services the Website offers. This includes, but is not limited to, advertising for businesses, products, or services that directly or indirectly compete with the Website's offerings or any other business that provides services to the Website, including the Website Management company, or any other third-party partners or service providers associated with the Website. The Service may reject such advertisements without notice and without liability.
In addition to our Terms of Use, the following Advertising Terms and Conditions shall apply to all online and offline advertising, including Banner, Chat Room, and Email Advertisements ("Advertisements") submitted to us, created by us, or created by a business of our choosing, which the Service or the Managers of the Service accept or create for display in available spaces on the website. The Advertiser ("Advertiser"), by submitting an advertisement or the content of an advertisement to us, agrees to be bound by these Advertising Terms and Conditions. "Advertiser" includes business owners, any agent, broker, creator, designer, or other intermediary submitting an Advertisement on behalf of the Advertiser, as well as the ultimate customer or Member whose products or services are advertised in the Advertisement. An Advertiser's standard terms and conditions shall not apply.
Storefront, Officefront, and Servicefront Membership Terms and Conditions
In addition to our Terms of Use, these StoreFront, OfficeFront, and ServiceFront Membership Terms and Conditions shall apply to Members with StoreFront, OfficeFront, and ServiceFront Business Memberships.
We do not pre-screen materials, content, or services, and it is at our sole discretion to refuse or remove any materials, content, or services from any part of the Website, including StoreFront, OfficeFront, ServiceFront, and By Request Chat Rooms, for any reason or if we determine, at our sole discretion, that Goods or Services you offer, promote, or sell through a StoreFront, OfficeFront, or ServiceFront Chat Room, or the content, materials, or services you upload or post to these areas, violate our Terms of Use or these Terms and Conditions.
You acknowledge and agree that the Head Chatter Website is not a marketplace, and any contract of sale made through the Website is directly between you and the purchaser, customer, or Member. You are the seller of record for all items or services you offer or sell through the Website or in a StoreFront, OfficeFront, or ServiceFront Chat Room. You are responsible for any communications and any transactions between you and anyone that visits a StoreFront, OfficeFront, or ServiceFront Chat Room connected with your Membership or contacts you by any means, including the materials and content you post, and the Goods and Services you offer and may sell on the Website or in a StoreFront, OfficeFront, or ServiceFront Chat Room.
You are responsible for all aspects of all transactions between you and a purchaser, customer, or Member. This includes, but is not limited to, authorizing charges, refunds, returns, fulfilling any sales or customer services, deliveries, fraudulent transactions, required legal disclosures, regulatory compliance, required licensing, alleged or actual violations of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of our Terms of Use or these Terms and Conditions. You represent and warrant that your materials, content, and any Goods or Services you offer and sell through the Website will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties. For the avoidance of doubt, the Service will not be the seller or merchant of record and will have no responsibility for any items or services sold to Members or Customers through the Website.
You are solely responsible for the Goods or Services that you offer and sell through the Website, Email, or a StoreFront, OfficeFront, or ServiceFront Chat Room, including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content, licenses required to sell any Goods or Services you offer, including compliance with any applicable laws or regulations.
You may not use the Website or a StoreFront, OfficeFront, or ServiceFront Chat Room for any illegal or unauthorized purpose, nor may you, in the use of the Website or a StoreFront, OfficeFront, or ServiceFront Chat Room, violate any laws (including but not limited to copyright laws), or the laws of the United States or the State of Wyoming. You agree to comply with all applicable laws, rules, and regulations, including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate and promote your business or profession on the Website, Email, or in a StoreFront, OfficeFront, or ServiceFront Chat Room or that may be held by you in your use of the Website, Email and/or a StoreFront, OfficeFront, ServiceFront Chat Room and your performance of obligations under our Terms of Use and these Terms and Conditions.
We have the right to control who we make StoreFront, OfficeFront, and ServiceFront Chat Rooms and Business Memberships available to, and we can modify them at any time. We also reserve the right to refuse or remove any materials or content from any part of the Website, including StoreFront, OfficeFront, and ServiceFront Chat Rooms. We reserve the right to provide StoreFront, OfficeFront, and ServiceFront Memberships and the Services required to create them, to your competitors and make no promise of exclusivity.
You expressly understand and agree that, to the extent permitted by applicable laws, the Service, parent, subsidiaries, owners, affiliates, service partners, officers, managers, directors, agents, members of the LLC, employees, and suppliers will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, reputation, use, data, or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms and Conditions (however arising, including negligence).
You agree to indemnify and hold the Services and (as applicable) our parent, subsidiaries, affiliates, service partners, officers, managers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your breach of our Terms of Use or these Terms and Conditions and the documents it incorporates by reference; (b) your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and a purchaser, customer, or Member, including but not limited to refunds, fraudulent transactions, alleged or actual violations of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of our Terms of Use or these Terms and Conditions.
You will be responsible for any breach of our Terms of Use or these Terms and Conditions by your affiliates, payment processors, agents, or subcontractors and you will be liable as if it were your own breach.
You understand and agree that in the event the Service receives a complaint from a Member of the Service for any reason, including poor business practices and the quality of the goods or services you provided, we reserve the right, in our sole discretion, to cancel your Membership to the Service.
You understand and agree that the Service will follow brand guidelines when it creates Chat Rooms that include but are not limited to, fonts, colors, style, website identity, photos and logo quality, material sizes and positioning, tone, and messaging.
Your use of the Head Chatter Website is at your sole risk. The Services, including StoreFront, OfficeFront, and ServiceFront Chat Rooms, are provided on an "as is" and "as available" basis without any warranty or condition, express, implied, or statutory.
We do not warrant that the Head Chatter Website will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Head Chatter Website Services or a StoreFront, OfficeFront, or ServiceFront Chat Room will be profitable, accurate, or reliable.
We are not responsible for any of your tax obligations or liabilities related to the use of the Head Chatter Website or a StoreFront, OfficeFront, or ServiceFront Chat Room.
Any services requested or required for a StoreFront, OfficeFront, or ServiceFront Chat Room after being initially created, will be charged at prevailing rates by Us or our website manager or one of our partners. You understand that you have no control over making changes to any content used to create and customize your StoreFront, OfficeFront, or ServiceFront Chat Room.
Competitive Advertising Restrictions
The Service reserves the right, at its sole discretion, to refuse any Business Membership that competes, or is perceived to compete, in any way with the services the Website offers. This includes, but is not limited to, advertising for businesses, products, or services anywhere on the Service that directly or indirectly compete with the Website's offerings, or with any business that provides services to the Website, including the Website Management company, or any third-party partners or service providers associated with the Website. The Service may reject such Business Memberships without notice and without liability.
2.Promoting your Business in Member Chat Rooms is Prohibited
We do not allow commercial or business advertising in Member Chat Rooms unless approved and placed by Us. You can only promote your business, products, or services in a StoreFront, OfficeFront, or ServiceFront Chat Rooms.
3.Using Your Business Username in Member Chat Rooms is Prohibited
Your Username, which may include your business name, cannot be used to enter Member Chat Rooms for conversation or any other reason. You will need an alternative Username that meets our Guidelines for Chat Room participation.
4.Additional Services for StoreFront, OfficeFront, or ServiceFront Chat Rooms
You understand that you have no control over making changes to any content or information used to create and customize your StoreFront, OfficeFront, or ServiceFront Chat Room. Any services requested or required for a StoreFront, OfficeFront, or ServiceFront Chat Room after it has been initially created will be charged at the prevailing rates by Us, our Website Manager, or one of our partners.
Changes and Website Errors
Despite our efforts to ensure that the information on the Service is accurate, complete, and current, there may be instances when the information about the Service contains inaccuracies or incomplete data, including data about the Membership price(s) or availability. We make no warranty or guarantee that the information on the Service is error-free, complete, or current. We reserve the right to make changes, including pricing, and to correct errors and/or update the content on the Service at any time without notice. We also reserve the right to refuse or cancel any Membership containing any error or inaccuracy, including after the Membership has been submitted, whether or not the Membership has been confirmed and your credit card has been charged. If your Membership is canceled under these circumstances after your payment has been processed, we will issue a full refund to the original payment method or send you a check made payable to you at the most recent address we have on record.
Termination of Service
Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access to and use of the Service and refuse to provide Services to you at any time, with or without advance notice or explanation and without any refund or other liability, if: (a) the Service believes that you have breached any material term of these Terms of Use or the documents it incorporates by reference, (b) you fail to pay any amount due hereunder by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our Members, or us; or (e) the Service decides to sell the Service or cease operations or discontinue any part of the Service. Further, you agree that neither the Service nor any third party acting on behalf of the Service shall be liable to you for any termination of your Membership, subscription, or access to the Service for any reason. You agree that if your Account is terminated for any reason by the Service, you will not attempt to re-register as a Member without prior written consent from the Service.
After Termination or Cancellation of Membership
You accept that when you terminate your Membership or cancel billing with the Service, your Account may be automatically removed from the Service. You will be unable to access your Account on the Service, and we may block your IP address or use other means to block entry into the Website. You also agree and accept that upon cancellation, your profile and other Membership materials may be immediately deleted from the Service and that such information will be irretrievable. The terms of this Terms of Use shall survive after termination or cancellation.
Privacy Policy
We are committed to protecting your privacy and will use the information we collect about you to process your request for services and products and provide a more personalized experience. Please read our "Privacy Policy" for more details and information by following the link provided on the Website.
Notices
Notices required under this Terms of Use by you shall be provided to the Service. Notices by the Service to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at your last-known address, or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Use and Privacy Policy will be deemed given upon posting to the pages on the Website.
With regard to electronic communications, you and the Service further agree that: (a) the Username and/or alias or User ID of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your Username, and/or alias or User ID establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it is valid proof of the authenticity of the original content of the electronic communication.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of Wyoming, without regard to its conflict of law rules. You agree that if any part of these Terms is found to be unenforceable, the remainder of these Terms will remain in full force and effect.
General Provisions
All obligations of the parties under these Terms of Use, which by their nature would continue beyond the termination, cancellation, or expiration of these Terms of Use, including, but not limited to, clauses related to Software Licenses, Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation, or expiration.
The Service will not be liable for delays, damages, or failures in performance due to causes beyond its reasonable control, including, but not limited to, power outages, internet service provider outages, acts of any domestic or foreign governmental body, acts of God, third-party actions, fires, floods, strikes or other labor-related disputes, war, or an inability to obtain necessary equipment or services.
You agree not to assign or transfer these Terms of Use, in whole or in part, including any Software or your rights or obligations under them. Any attempt to do so shall be void. We may assign all or any part of these Terms of Use without notice, and you agree to make all subsequent payments as directed.
You expressly understand and agree that all disputes will be resolved on an individual basis and that you shall have no right to bring any claim against the Service, its parent company, subsidiaries, owners, affiliates, partners, officers, managers, directors, agents, employees, or suppliers as a plaintiff or member of a class action, representative action, or any other legal proceedings conducted by a group or representatives on behalf of others.
You and the Service agree that the laws of the state of Wyoming, without regard to its principles of conflicts of law, will govern, construe, and enforce all of the rights and duties arising from or related to the subject matter of these Terms of Use. YOU AND THE SERVICE CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN A COURT LOCATED IN NATRONA COUNTY, WYOMING, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except as otherwise required by law, including Wyoming laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) month after the claim arises, or such claim shall be barred. In no event will the Service be liable for more than the cost of services you paid, if any, for the use of the Service during the six (6) months preceding any claim.
The Service's failure to insist upon strict compliance with any provision of these Terms of Use in any instance shall not be construed as a waiver of such terms in the future. If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected, and the unenforceable portion shall be construed as closely as possible to reflect the original intentions of the parties.
These Terms of Use, including all Attachments, all other policies posted on the Website, and Community Guidelines (which are fully incorporated into these Terms either by attachment or by reference), constitute the entire agreement between you and the Service with respect to the subject matter hereof and supersede any and all prior or contemporaneous agreements, whether written or oral. Any changes made by you to this Agreement, or any additional or different terms included in a purchase order, acknowledgment, or other documents (written or electronic), are void.
Proprietary Rights
All Content included on the Service and in any electronic media, including information, data, software, photographs, graphs, videos, typefaces, graphics, logos, music, sounds, and other materials ("Content"), is protected by copyright, trademark, patent, or other proprietary rights. These rights are valid and protected in all forms, media, and technologies existing now or developed in the future. All Content is copyrighted as a collective work under U.S. and international copyright laws, and the Service and its respective owners own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, or create derivative works from any Contet, in whole or in part.
The Service's logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by the Service. These trademarks may not be reproduced, copied, or manipulated in any manner without the express written approval of the trademark owner.
By using the Site, you agree that all information, materials, suggestions, ideas, or comments (including testimonials) you send or post to the Service or any third party using the Service are non-confidential. By submitting solicited or unsolicited information using the Service, you grant the Service, its officers, managers, directors, owners, employees, parent company, service providers, and agents an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever to the extent permitted by law.
Warranties and Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICE. WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, OFFER, STATEMENT, OR OTHER INFORMATION DISPLAYED, POSTED, UPLOADED, OR DISTRIBUTED THROUGH THE SERVICE BY THE SERVICE OR ANY MEMBER OR USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: "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 IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE SERVICE DOES NOT WARRANT THAT THE SERVICE OR ITS AUTHORIZED SERVICE PROVIDERS WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. THE SERVICE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE, OR OTHERWISE AFFECT ITS PERFORMANCE. THE SERVICE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. THE SERVICE MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED OR SHARED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE FOR ANY HIGH-RISK ACTIVITIES WHERE DAMAGE OR INJURY TO A PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
THE SERVICE DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ANY ITEMS OR SERVICES OFFERED BY ANY MEMBER OR INDIVIDUAL ON THE WEBSITE OR OBTAINED THROUGH THE SERVICE OR WEBSITE OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE, OR THE SERVICES OR WEBSITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL, CONTENT, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, POSTINGS, AND/OR DATA. UNDER NO CIRCUMSTANCES SHALL THE SERVICE BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES.
IN NO EVENT SHALL THE SERVICE (OR ITS OFFICERS, OWNERS, EMPLOYEES, PARENT, SUBSIDIARIES, SERIES LLCS, AFFILIATES, SERVICE PROVIDERS, MANAGERS, OR AGENTS, ITS THIRD PARTY LICENSORS, OR SUPPLIERS, INCLUDING THE SERVICE AND ITS OWNERS, MANAGERS OR MEMBERS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE, OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY. ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO ALL THIRD-PARTY LICENSORS, PROVIDERS, MANAGERS, AND SUPPLIERS, AS THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT. ANY CLAIM AGAINST THE SERVICE OR ANY THIRD PARTY, LICENSORS, PROVIDERS, MANAGERS, OWNERS, AND SUPPLIERS SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR MEMBERSHIP, IF ANY, FOR USE OF THE SERVICE DURING THE PREVIOUS SIX (6) MONTHS.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION ALSO APPLY TO THE SERVICE'S THIRD-PARTY LICENSORS, MEMBERS THAT SELL MERCHANDISE AND SERVICES, MANAGERS, SERIES LLCS, OWNERS, PROVIDERS, AND SUPPLIERS, AS THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT. YOU AGREE THAT THE SERVICE'S MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY REASON, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR MEMBERSHIP, IF ANY, FOR USE OF THE SERVICE DURING THE PREVIOUS SIX (6) MONTHS.
Indemnification
You agree to indemnify the Service, our officers, managers, directors, owners, employees, Series LLCs, parent, service providers, and agents, from any loss or damages, including without limitation, reasonable legal fees, which we may suffer from your activities while using the Service, including without limitation any breach by you of these Terms of Use or any charges or complaints made by other parties against you. You shall cooperate as fully and as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. You agree to defend and hold harmless the Service, its officers, managers, directors, owners, employees, parent, service providers, and agents, from and against all liabilities, costs, and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations, or these Terms of Use by you (or any parties who use your Account, with or without your permission, to access the Service); (b) the use of the Service or the Internet or the placement or transmission of any content, message, information, software, or other materials on the Internet by you (or any parties who use your Account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your Account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with these Terms of Use or your Membership to the Service, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from your use of the Service, Website, or the Internet.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act
If you believe that your copyrighted material may have been infringed, please provide the Service's Copyright Agent with the following information in writing:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3.Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service to locate the material.
4.Information reasonably sufficient to permit the Service to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted.
5.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Service's designated agent to receive notifications of claimed infringement can be reached at:
PCPal
DMCA Agent for Head Chatter.Com
512 Monterey Trail #535
Frazier Park, CA 93225
E-mail: DMCA.Agent@PCPalComputerServices.com
Terms of Use Modifications
We may modify these Terms of Use from time to time. Notification of changes in these Terms of Use will be posted here, on the Service, or sent via electronic communications, as we may determine in our sole discretion. We recommend that you check these Terms of Use periodically for any changes. If you do not agree to any changes or modifications at any time, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of any changes in these Terms of Use, will constitute a binding acceptance by you of the Terms of Use, or any subsequent modifications.
Terms of Use Changes
We reserve the right to change these Terms of Use in this Agreement from time to time by posting such changes on the Website. Any changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. We will not separately notify you that changes have been made, regardless of the scope and importance of the changes, and we encourage you to periodically check back and review the Terms of Use of this Agreement. This Website and the Content of the Website may change, and we may restrict access to, suspend, or discontinue any portion of the Website or the Service at any time for any reason.
Questions?
Please visit our Help Center with any questions regarding the Website, or contact us with any questions regarding these Terms of Use, your account, billing matters, or anything else [HERE].