SEXLESS MARRIAGE SUPPORT
THIS WEBSITE, OR PAGES IT LINKS TO, CONTAINS INFORMATION ABOUT AND GRAPHICALLY DESCRIBES SEXUAL BEHAVIORS OR ACTIVITY WHICH MAY BE TRIGGERING.
You must be over 18 years old to enter this Website. If you are under 18 or do not wish to view adult content, you must exit now.
ACB Services, LLC d/b/a Sexless.Marriage Support (“SMS”, “we”, “us” or “our”) operates a Website that provides information and content related to sexual and other activities within relationships or marriages, and related information, and operates web-based forums (the “Forums”) that provide opportunities to read what other SMS members are discussing with respect to sexual behaviors, sexual activity in their relationships, and other non-related topics, to share your opinions and ask questions, and obtain information on sexual behavior and sexual activity within relationships from SMS and other users who have registered an account (an “Account”) with SMS (all collectively referred to herein as the “Services”). Content in the Forums may include adult, erotic, or sexually explicit content, descriptions, or stories (collectively “Explicit Content”). By using the Services and the Website, you consent to view such Explicit Content, and expressly warrant and agree you will only do so in compliance with these Terms and Conditions.
Our Services continue to grow and change. Please refer to our Website for further information about the Services we provide.
- Disclaimer of Medical Liability.
THE CONTENTS OF THE WEBSITE AND THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. SMS IS NOT A MEDICAL PROVIDER OR THERAPIST, AND THE SERVICES SHALL NOT CONSTIUTE THERAPY OR ANY OTHER MEDICAL TREATMENT.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL
9-1-1 OR THE APPLICABLE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.
REGARDLESS OF ANY CLAIMS BY ANY USER OR INDIVIDUAL TO THE CONTRARY, SMS OR ANY FORUM USER SHALL NOT BE CONSTRUED AS A THERAPIST OR OTHER MEDICAL PROVIDER. THE SERVICES AND WEBSITE ARE NOT INTENDED FOR MEDICAL DIAGNOSIS OR DRUG PRESCRIPTION OR ADVICE CONCERNING WHICH DRUGS, THERAPY, OR TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED VIA THE SERVICES OR WEBSITE.
SMS recognizes that users of the Forums will be communicating about private, sensitive topics; however, SMS does not and cannot guarantee that the Forums or Website will be safe or secure. You are advised to exercise a high level of care and caution in the use of the Services, and in provision of information to the Website. You agree, confirm, and acknowledge that you are aware that use of the Services or Website is not a substitute for sessions with a licensed therapist or other medical provider. You should never rely on or make health or well-being decisions exclusively based on your use of the Services or information contained in the Website. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider or therapist as a result of any information or advice you received through the Services or the Website.
Furthermore, in addition to the indemnification provision hereof, SMS assumes no responsibility for any act, omission or wrongdoing of any individual or entity communicating via the Website or Services. SMS makes no representation or warranty whatsoever as to whether you will find the Services relevant, useful, correct, satisfactory or suitable to your needs.
- User Responsibilities and Forum Moderation.
Account registration to access the Forums and Services requires you to submit to certain personal information. You agree to maintain accurate, complete, and up-to-date information in your Account. You also agree to submit answers to questions once your Account is created, if applicable. You are responsible for all activity that occurs under your Account, whether or not you actually authorized that activity. You agree to maintain the security and secrecy of your Account username and password at all times, and you understand that you may only possess one Account. You shall never use another user’s Account, or set up an unauthorized Account for a third party. You will not tag users in social media or otherwise contact users of the Services without their consent.
You will immediately notify SMS in writing of any unauthorized use of your Account, or other Account-related security breach known to you. In the event of any such unauthorized use of your Account, you will take all steps necessary to terminate such unauthorized use. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request.
We reserve the right to refuse, or cancel access to the Forums, the Website or other Services in our sole discretion. You agree we may moderate your Account, and access to and use of the Forums in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate.
You agree that any material, user comments, feedback, and ideas that you transmit to the Forums or otherwise provide (“Transmissions”) shall be and remain SMS’ property. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including, but not limited to, developing, manufacturing, or marketing services incorporating such information. You further agree that we may use information about your demographics and use of the Forums and Services in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from the Forums or Website any unlawful, threatening, libelous, defamatory, inflammatory, pornographic or sexually explicit images or videos, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
- Intellectual Property.
The material provided on the Website is protected by law, including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property on the Website is owned by SMS, and nothing herein or included in the Website’s material shall be construed as a grant from SMS of a license to any copyrights, trademarks, patents or any other intellectual property rights.
- Unauthorized Access or Activities.
To maintain the integrity and functionality of the Website for users, access to the Website or activities related to the Website that are harmful to, inconsistent with or disruptive of the Website or users’ beneficial use and enjoyment of the Website are expressly unauthorized and prohibited. For example, without limitation, such prohibited activities include:
- Using the Website in violation of any federal, state, local, or international laws or regulations or would otherwise give rise to civil liability;
- Using the Website or the Services for storing, transmitting, or posting infringing, libelous, offensive, defamatory, abusive, pornographic or sexually explicit images or videos, hateful, obscene or otherwise objectionable, unlawful or tortious material, or using the Website or Services to harass, defame, or embarrass other users or individuals;
- Interfering with other users use or enjoyment of the Website;
- Using the Website for commercial purposes other than those consented to by SMS, including to advertise to others without permission;
- Collecting Website users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) for any purpose, or otherwise bullying, intimidating, or harassing any other user of the Website;
- Copying, aggregation, display, distribution, performance or derivative use of the Website or any content posted on the Website, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds);
- Accessing or using the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with the Website. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer or any electronic, wireless or mobile device, technology or product that exists now or in the future;
- Attempting to decompile, disassemble or reverse engineer all or any part of the Website in order to identify, acquire, copy or emulate any source code or object code;
- Introducing or attempting to introduce any malicious software, viruses, worms, Trojan horses, malware, spiders and/or harmful code to the Website;
- Infringing on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; and
- Attempting to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities.
This Agreement is effective and you will continue to have access to the Forums until the earlier to occur of the following: (a) we terminate your Account, at our sole discretion; or (b) you properly cancel your account in accordance with this Agreement.
You are solely responsible for properly canceling your Account. You may cancel your Account at any time by signing in to your Account, selecting “Profile,” and scroll to “WP Symposium Pro.” Select “Close Account,” and click “Update Profile.” All cancellations will be processed within forty-eight (48) hours of receipt of the request for cancellation.
We may terminate this Agreement and your rights to access and use the Forums, Website and Services for any or no reason, without liability, at our sole discretion at any time, including but not limited to if we suspect that you have violated this Agreement. We may notify you of any such termination but are under no obligation to do so. In addition, without limiting the foregoing termination rights, we reserve the right, at any time and in our sole and absolute discretion, to temporarily suspend access to the Website (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security or integrity of SMS’s network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement by you.
- Privacy and Protection of Personal Information.
YOU ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE AND HEREBY INDEMNIFY SMS AND THE SMS REPRESENTATIVES AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INJURY OR DEATH.
INFORMATION ON THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE IS PROVIDED “AS IS”, “WHERE IS”, “WITH ALL FAULTS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. SMS DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THROUGH LINKS ON THE WEBSITE.
SMS AND THE SMS REPRESENTATIVES ASSUME NO LIABILITY OR RESPONSIBILITY FOR: ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEBSITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEBSITE; OR ANY CONDUCT BY USERS OR MERCHANTS OF THE WEBSITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WEBSITE CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
SMS AND THE SMS REPRESENTATIVES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
CLASS ACTION WAIVER
Where permitted under applicable law, YOU AND SMS agree that each may bring claims against the other only in A corporate or individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both EXPRESSLY AGREED TO BY SMS, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- No Liability.
YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, ACKNOWLEDGE AND AGREE THAT SMS AND THE SMS REPRESENTATIVES ARE ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU, ON BEHALF OF YOURSELF, YOUR SPOUSE, YOUR HEIRS, YOUR NEXT OF KIN, AND ANYONE ELSE WHO MAY LEGALLY ACT ON YOUR BEHALF, AGREE NOT TO HOLD SMS OR THE SMS REPRESENTATIVES LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR MERCHANT (INCLUDING WITHOUT LIMITATION INJURY, DEATH, OR DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR MERCHANT, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SMS OR THE SMS REPRESENTATIVES OR ANY DESTRUCTION OF YOUR INFORMATION, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.
UNDER NO CIRCUMSTANCES WILL SMS OR THE SMS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SMS AND THE SMS REPRESENTATIVES DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE WEBSITE. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SMS OR THE SMS REPRESENTATIVES ARE LIABLE FOR DAMAGES IN EXCESS THESE TERMS, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).
- Age Restrictions. You must be at least eighteen (18) years old to use the Website, and would be judged as a competent adult. SMS has no intention of collecting personal information from individuals under the age of eighteen (18).
- Electronic Communications. When you use the Website, the Services, or send e-mails to SMS, you are communicating with SMS electronically and you consent to receive communications from SMS electronically. SMS will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that SMS provides to you electronically satisfy any legal requirement that such communications be in writing.
- Force Majeure. SMS shall not be responsible for any damages, delay in performance or failure to perform by SMS if caused by any act or occurrence beyond its reasonable control such as embargoes, changes in government regulations or requirements (executive, legislative, judicial, military or otherwise), acts of war or terrorism, power failure, electrical surges or current fluctuations, lightning, earthquake, flood, the elements or other forces of nature, delays or failures of transportation, or acts or omissions of telecommunications common carriers.
- Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.