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Terms & Agreement

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By using the HeyIMissYou search engines or other HeyIMissYou services ("HeyIMissYou Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").

Content in IMissYou Profiles. IMissYou profiles displayed are developed by people over whom HeyIMissYou has limited control. HeyIMissYou take every effort to screen the IMissYou profiles prior to including them in search results for objectionable, inappropriate, or offensive content. We cannot guarantee that a HeyIMissYou search will not locate unintended or objectionable content and assume no responsibility for the content of IMissYou profiles included in any search results. IMissYou profiles may not contain adult content, nude pictures, explicit language, stalking, harassing, threatening or embarrassing information.

General Restrictions. You agree to use our service only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that our information and service may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use the service to look up celebrities or other public persons, or to locate individuals under the age of 18 other than official missing children. Information shall not be provided or resold to any other person or entity without our prior written consent. All searches of our databases are tracked, and you consent to such tracking and to the provision of all information about your use of our databases to law enforcement and others as may be useful to respond to allegations that our service or information has been misused. Our service may not be used to find or identify persons with or involved with criminal activities.

Misuse. In the event that HeyIMissYou suspects that the databases or our information has been misused, we will contact law enforcement agencies (as appropriate) and will provide them with all data needed to conduct an investigation. You consent to the provision of its information (including search key data) for such investigative purposes. You further agree to fully cooperate with all audits of our members and our services generally. HeyIMissYou services may not be electronically accessed by automated programs or other data extraction systems without prior authorization. HeyIMissYou reserves the right to cancel or not offer its service to any user that it deems is inappropriately using its services.

Fees and Refund Policy. Fees for use of HeyIMissYou search engine are free. Fees for HeyIMissYou membership are posted on the "FAQ", "Homepage" and "Sign Up" page. These membership fees are subscriptions and billed annually. You agree to pay the membership fees associated with a HeyIMissYou account by providing us with a valid credit card. You hereby certify that you are an authorized user of the credit card. You understand that we take credit card fraud and non-payment very seriously, and we may work with law enforcement agencies and private parties to address these issues if they occur. We further reserve the right to suspend service to any delinquent account without notice. If you have questions about our fees, please contact us before you complete the membership application on the "Sign Up" page. Members are responsible for (and must pay for) all use of our databases made by individuals using your account. If you suspect that unauthorized use of your account is taking place, you must notify us immediately. HeyIMissYou will use reasonable efforts to deliver the information services to its users, however, users accepts all information "AS IS". All membership subscription purchases are final with no refunds. Fees are automatically drafted from credit card annually. Members wishing to cancel their membership must submit to HeyIMissYou in writing a service cancellation letter 30 days prior to their membership expiration date to avoid the automated fee draft.

Disclaimer of Warranties. HeyIMissYou disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the HeyIMissYou SERVICES results. HeyIMissYou disclaims any responsibility for the deletion, failure to store, misdeliver, or untimely delivery of any information or material. HeyIMissYou disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the HeyIMissYou SERVICES. THE HeyIMissYou SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE HeyIMissYou SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. HeyIMissYou AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. HeyIMissYou AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE HeyIMissYou SERVICES. HeyIMissYou AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE HeyIMissYou SERVICES. HeyIMissYou AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HeyIMissYou SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE HeyIMissYou SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE HeyIMissYou SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HeyIMissYou SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. You assume all risks associated with the use of our services.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HeyIMissYou OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE HeyIMissYou SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF HeyIMissYou OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE HeyIMissYou SERVICES, FROM INABILITY TO USE THE HeyIMissYou SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HeyIMissYou SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HeyIMissYou SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HeyIMissYou SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE HeyIMissYou SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HeyIMissYou SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE HeyIMissYou SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE HeyIMissYou SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall HeyIMissYou or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Term. The term of this Agreement for members shall begin on the day that you agree to these terms and shall continue until terminated by either of us upon notice, which may be given by email. The term of this Agreement for non-members using our services shall begin on the date that user use our services and shall continue until user terminated use of service by exiting the website. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from HeyIMissYou until all copies of that information are destroyed by you.

Changes In Terms and Agreement. We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Third Party Advertisers. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.

These Terms of Service will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by HeyIMissYou.
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