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Terms-of-Service Agreement

 

Last Updated: January 28, 2020

This terms-of-service agreement is entered into between you and TeleMainia, LLC dba FreeChatGirls®. The following agreement, together with any documents it expressly incorporates by reference (collectively, this “agreement”), governs your access to and use of the FreeChatGirls® phone chat line service (the “Service”). This agreement between you and us explains your legal rights and duties and governs your use of the Service. Please read this agreement carefully before using the Service because it creates a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) use of prerecorded messages (section 7.2); (2) disclaimer of warranties and limitation of liability (section 13); (3) exclusive forum for resolving disputes (section 17); (5) mandatory arbitration (section 18.2); and (6) waiver of class action rights (section 18.7). Using the Service or purchasing minutes forms your acceptance of this agreement even if you do not read it. If you do not agree to this agreement, you cannot use the Service.

 

Warning: The Service contains adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may use the Service. We prohibit all persons who do not meet these age requirements from using the Service.

 

We drafted this agreement in a relaxed question and answer format for the most part. We did this for your convenience, not ours. By drafting this agreement in question and answer format, we do not imply or suggest that it does not form a binding agreement between you and us. This agreement is just as binding as if we drafted it in a stuffy legal format.

  1. Summary of Agreement. You should read this agreement in full because they apply every time you visit the Website or use the services. But just in case you ever need a reminder of the salient points, here’s a brief summary:
    1. If you are under 18-years old or the age of majority where you live, then you can’t use the Service yet because it’s for adults only.
    2. We’re not responsible for anything that you say while using the Service and we don’t monitor the content of the Service, but if we do hear or someone tells us that you have said something that we think is inappropriate then we may remove it.
    3. We do not conduct criminal background screening of users of the Service (including paid actors).
    4. Some of the users of the Service are paid actors.
    5. We use prerecorded messages to stimulate interaction and conversations among users. So not all communications you receive are specifically directed to you.
    6. All disputes are subject to mandatory online arbitration unless the dispute is to collect a debt you owe us or meets all of the requirements for the small claims court in your state. If your state does not have a small claims court, the dispute is subject to mandatory online arbitration.
    7. We may change this agreement from time to time, but changes will not apply retroactively.
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  3. Compliance with Laws. We provide the Service for use only be persons located in the United States of America or Canada. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
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  5. Governing Law. Washington law governs this agreement without regard for any choice-of-law provisions that might direct the application of the laws of any other jurisdiction. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.”
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  7. Place for Resolving Disputes. Except for disputes subject to arbitration or the small claims exception, all disputes arising under these terms or your access to the Website or use of the services will be subject to the exclusive jurisdiction and venue of the courts in the State of Washington. You hereby submit to the personal jurisdiction of the courts in the State of Washington to resolve all disputes not subject to arbitration or the small claims exception. You hereby waive any right to seek another forum or venue because of improper or inconvenient forum.
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  9. Dispute Resolution; Exception for Small Claims
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    1. Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. FreeChatGirls® may elect to litigate billing or payment disputes or collection matters. You may elect to litigate any claim that meets the jurisdictional requirements for small claims court subject to section 18.3.
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  12. General
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    1. Entire Agreement. This agreement constitutes the entire agreement between you and us about your access to and use of the Service and supersedes all earlier or contemporaneous agreements between you and us about access to and use of the Service.
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    4. Assignment and Delegation. We may assign any rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without our advanced written consent. Any attempted assignment or delegation in violation of this provision is void.
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    6. Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
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    8. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
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    10. Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
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    12. Feedback. We encourage you to provide feedback about the Service. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
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    14. Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
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    16. Notices
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      1.  
      2. Sending Notice to You¬—Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the FreeChatGirls.com website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive.
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    19. Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the FreeChatGirls.com website or the Service to send or receive messages you only intend the sender and named recipients to read. Users or operators of the FreeChatGirls.com website or the Service may read all messages you send to FreeChatGirls® regardless if they are intended recipients.
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    21. Electronic Signatures. Any affirmation, assent, or agreement you transmit through the Service will bind you. You acknowledge that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
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    23. Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
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    25. TeleMainia, LLC
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All models are at least 18 years of age at the date of production.  You must be 18 years of age or older to use FreeChatGirls®

*Free trial is for first time callers to (509) 676-1400  (duration of free trial is subject to change).  Long distance charges may apply.

 

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