EFFECTIVE DATE 8/15/2009

TALKBETWEENFRIENDS™.COM TERMS & CONDITIONS

NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, ANY PAGES THEREOF AND/OR ACCESSING TALKBETWEENFRIENDS™ ENTERTAINMENT SERVICES ("SERVICES") VIA THE TELEPHONE, YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO COMPLY WITH, AND BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT"), AS WELL AS OUR PRIVACY POLICY. CLICK HERE TO VIEW OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS WEBSITE, ANY PAGES THEREOF AND/OR TALKBETWEENFRIENDS™ SERVICES VIA THE TELEPHONE OR INTERNET.

Welcome to the TalkBetweenFriends™ website located at www.talkbetweenfriends.com (the "Website"). The Website is brought to you by TalkBetweenFriends™ ("TalkBetweenFriends™," "we" or "us"). The services provided via the Website are for entertainment only and are only available to individuals who are 18 or older, and who are legal residents of the United States, the District of Columbia or Canada.

  1. Acceptance of Agreement. This Agreement constitutes the entire agreement between TalkBetweenFriends™ and users of the Website and/or TalkBetweenFriends™ Services, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, whether written or oral, with respect to the subject matter of this Agreement. We may amend this Agreement from time to time, in our sole discretion, without specific notice to you. The most recent version of the Agreement will be posted on the Website. Your continued use of the Website and/or TalkBetweenFriends™ Services constitutes your acceptance of all of the terms and conditions contained within the Agreement effective at that time, as well as your acknowledgment of the reasonableness of these standards for notice of changes. We encourage you to review the Website and this Agreement periodically for any updates or changes.
  2. Description of Services. TalkBetweenFriends™ connects its users with individuals ("friends") specializing in the arts of listening and communication. Users can speak with friends on a toll free number.

    The opinions expressed by the friends are not necessarily those of TalkBetweenFriends™. Friends providing services via the toll free number are independent contractors of TalkBetweenFriends™, and are neither employees of, nor supervised by, TalkBetweenFriends™.
  3. Registration is not required for use of the services. Said services are purchased on demand. You agree that you are responsible to TalkBetweenFriends™ for any and all charges resulting from the use of the services.
  4. Pricing & Billing of Services. You agree to be bound by the pricing and billing practices of TalkBetweenFriends™. All charges are payable in United States Dollars. All Services provided via our toll free numbers are offered on a per minute basis. Currently, TalkBetweenFriends™ provides for a single payment options; credit card. Payments to TalkBetweenFriends™ will appear on your credit card statement as "CTJ". TalkBetweenFriends™ reserves the right to change its pricing and/or billing practices at any time, in its sole discretion. If TalkBetweenFriends™ deems the change to be material we will make reasonable efforts, such as updating these terms and conditions, sending you an e-mail or posting the change on the Website, to notify you of such change.
  5. Per Minute Billing: All calls to Friends are billed at the rate of $1.99 per minute. The call will be billed to the credit card number you provided during registration. If the charge is declined, you will be unable to use the service until the balance is paid.
  6. Online Conduct. In order to continue to enjoy the privileges of being a user of TalkBetweenFriends™, you must follow the guidelines set forth in this Agreement. As a registered user, you agree that, among other things, you will not: 1) attempt to obtain the personal contact information of a friend; 2) divulge your personal contact information to a friend and request to be contacted directly; 3) use vulgar, harassing, obscene, privacy invading, or defamatory language during a the use of the services; 4) do anything to disrupt the operation of the TalkBetweenFriends™ website, services or network; 5) attempt to gain unauthorized access of the network to transmit "junk mail" or other mass mailings; 6) advertise or market any services or products; 7) post, upload or transmit false or misleading information or take any action that violates the rights of third parties; or 8) make false statements or attempt to use financial or other information that you are not authorized to use. Additionally, as a condition of your use of the Website, you represent and warrant to TalkBetweenFriends™ that you will not use the Website for any purpose that is unlawful or prohibited by the applicable terms, conditions notices of this Agreement. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not attempt to obtain any materials or information through any means not intentionally made available or provided for through TalkBetweenFriends™.
  7. Termination & Cancellation. You agree that TalkBetweenFriends™, in its sole discretion, may terminate this Agreement and/or suspend your access (or any part thereof) at any time, without notice to you, in the event that TalkBetweenFriends™: 1) reasonably believes that you are in breach of the Agreement; 2) decides to discontinue offering the service. You may cancel your account at any time. Upon cancellation, your license to use TalkBetweenFriends™ services, as set forth herein shall immediately terminate. If TalkBetweenFriends™ terminates this Agreement, or suspends your account for any of the reasons set forth in this Agreement, TalkBetweenFriends™ shall have no liability or responsibility to you, and TalkBetweenFriends™. You understand and agree that not using the service is your sole right and remedy with respect to any dispute with TalkBetweenFriends™.
  8. License Grant. As a visitor to the website, you are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Website (and its associated content) and/or Services in accordance with this Agreement. TalkBetweenFriends™ may terminate this license at any time for any reason whatsoever. You may use the Website and/or Services for your own personal, noncommercial use. No part of the Website and or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Services, Website content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Services. TalkBetweenFriends™ reserves any rights not explicitly granted in this Agreement.
  9. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software and other matters related to the Website and/or Service are protected under applicable copyrights, trademarks and other proprietary (including, without limitation, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through this Website. The posting of information or material at the Website by TalkBetweenFriends™ does not constitute a waiver of any right in such information and/or materials.
  10. Third Party Websites. The Website and/or third parties may provide links to other Internet websites and/or resources. TalkBetweenFriends™ is not responsible for the content, terms and conditions and/or privacy policies on such websites. If you choose to link to a website not controlled by TalkBetweenFriends™, TalkBetweenFriends™ makes no warranties, either express or implied, concerning the content of such website, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does TalkBetweenFriends™ warrant that such website or content is free from any claims of copyright, trademark or other infringement or the rights of third parties or that such website of content is free from viruses or other contamination.
  11. Privacy Policy. Use of the Website and/or Services is subject to our Privacy Policy, which is hereby incorporated hereto and made a part of this Agreement. We reserve the right to use all information regarding your use of the Website and/or Services and any and all other personally identifiable information provided by you in accordance with the terms of our Privacy Policy. CLICK HERE to view our Privacy Policy.
  12. Indemnification. You agree to indemnify, defend and hold harmless, TalkBetweenFriends™ and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or relating to your use of the Website and/or Services, and any material that you submit to or transmit through the Website, your violation of this Agreement, your infringement or violation of the rights of another, or termination of your access to the Website and/or Services.
  13. Disclaimer of Warranties. THIS WEBSITE AND/OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TALKBETWEENFRIENDS™ MAKES NO WARRANTY THAT: 1) THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; 2) THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; AND 3) THE RESULTS THAT MAY BE OBTAINED FROM THE SUE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE. THE WEBSITE AND/OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TALKBETWEENFRIENDS™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET OR TELEPHONE CONNECTION AND/OR ANY AND ALL SERVICES PURCHASED ON THE WEBSITE. TALKBETWEENFRIENDS™ ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES OR PERSONALIZED SETTINGS. NO ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY THE MEMBER FROM TALKBETWEENFRIENDS™ OR THROUGH USE OF THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  14. Limitation of Liability. YOU AGREE THAT TalkBetweenFriends™ AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF, THE WEBSITE OR ANY SERVICES OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR SERVICES, EVEN IF TALKBETWEENFRIENDS™ AND ITS PARENTS AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES; IN SUCH STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
  15. Choice of Law & Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida, County of Pinellas. Any and all disputes arising out of this Agreement or the Services referenced herein shall be resolved by mediation, and if such mediation is unsuccessful, by binding arbitration under the auspices of, and pursuant to the commercial arbitration rules of, JAMS before a single arbitrator at its Atlanta, Georgia office.
  16. Legal Warning. Any attempt by any individual, whether or not an TalkBetweenFriends™ member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website and/or Services, is a violation of criminal and civil law and AskNowT will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
  17. Customer Service. You may contact TalkBetweenFriends™ customer service via e-mail at CustomerService@talkbetweenfriends.com.