Effective Date: January 7, 2013
IMPORTANT: THIS WEBSITE DOES NOT OFFER PROFESSIONAL THERAPY. INFORMATION FOUND ON THIS SITE OR COMMUNICATED ON THIS PLATFORM, IN EVERY AND ANY FORM, IS NOT PROFESSIONAL THERAPY AND SHOULD NOT BE USED IN PLACE OF THERAPY. THIS IS A COMMUNITY PLATFORM WHERE MEMBERS MAY EXPERIENCE A VIRTUAL AND ANONYMOUS BOND WITH OTHERS WHO MAY RELATE BY VIRTUE OF SIMILAR EXPERIENCES AND FEELINGS WITH REGARD TO A BREAKUP. EXAHOLICS OFTEN PRESENTS SPEAKERS WHO MAY PRACTICE IN AREAS OF, OR RELATED TO, PSYCHOLOGY. THESE TALKS ARE ALSO NOT CONSIDERED THERAPY AND REFLECT ONLY PERSPECTIVES OF THE SPEAKERS.
DO NOT USE THIS SITE IF CONTEMPLATING SUICIDE. IF YOU ARE THINKING ABOUT OR PLANNING TO TAKE YOUR LIFE, OR YOU FEEL YOU ARE A DANGER TO YOURSELF OR OTHERS, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY ROOM IMMEDIATELY.
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DO NOT USE THIS SITE TO GET YOUR EX BACK. IF YOUR GOAL IS TO REKINDLE YOUR RELATIONSHIP, EXAHOLICS IS NOT FOR YOU.
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DO NOT OFFER UNSOLICITED ADVICE. ADVICE IS PERMITTED ONLY WHEN ASKED FOR. RATHER, SPEAK FROM YOUR OWN EXPERIENCE AS IT RELATES TO WHAT YOU ARE READING.
DO NOT JUDGE ANOTHER MEMBER
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NEVER, UNDER ANY CIRCUMSTANCES, ASK FOR OR GIVE TO ANY MEMBER, PERSONAL INFORMATION THAT REVEALS YOUR IDENTITY. NEVER ASK FOR OR GIVE CONTACT INFORMATION. THIS IS GROUNDS FOR IMMEDIATE REMOVAL. THIS IS AN ANONYMOUS WEBSITE AND PLATFORM.
ONLY AVATARS PROVIDED BY EXAHOLICS.COM ARE PERMITTED. NO PHOTOS ARE PERMITTED ON THE PLATFORM. GENDER SPECIFIC AVATARS ARE ASSIGNED AND CONSISTENT WITH THE GENDER SELECTED UPON REGISTRATION. AVATARS MAY BE CHANGED TO GENDER NEUTRAL OR GENDER CONSISTENT OPTIONS (IE, CONSISTENT WITH REGISTRATION). AVATARS MAY NOT BE CHANGED TO AVATARS INCONSISTENT WITH THE GENDER SELECTED AT REGISTRATION. IF A MEMBER HAS MISTAKENLY REGISTERED GENDER, CONTACT SUPPORT@EXAHOLICS.COM FOR FURTHER INSTRUCTIONS. FURTHERMORE, ANY MEMBER FOUND TO HAVE WITTINGLY REGISTERED THEIR GENDER FALSELY WILL HAVE THEIR ACCOUNT TERMINATED.
ANY ACTIONS OR BEHAVIOR FOUND TO BE DECEITFUL WILL RESULT IN ACCOUNT TERMINATION.
TO CANCEL MEMBERSHIP, PLEASE CLICK THE "CANCEL SUBSCRIPTION" OPTION AT THE BOTTOM OF THE HOMEPAGE. IF YOU HAVE ANY QUESTIONS ABOUT CANCELLATION PLEASE EMAIL SUPPORT@EXAHOLICS.COM. SOME MEMBERS MAY BE REQUIRED TO CANCEL THROUGH THEIR PAYMENT PROCESSOR LIKE PAYPAL, DEPENDING ON THE POLICY OF THE COMPANY THEY ARE USING TO PROCESS PAYMENTS.
Exaholics LLC ("Exaholics", "we," or "us") operates the website located at www.exaholics.com (the "Site"). We offer the Site to you, the user, conditioned on your acceptance of the terms, conditions, and notices contained or incorporated by reference herein and such additional terms and conditions, agreements, and notices that may apply to any page or section of the Site.
Restrictions on Use of the Site
By uploading files of any kind, posting messages, inputting data or posting any other form of User Content to or through this Site, you represent and warrant that you are the owner of such User Content or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose. You grant Exaholics and its successors and assigns an irrevocable, perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your User Content, in any and all media now known or later developed. You waive all rights to any claim against us for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with the User Content.
As a condition of using the Site, you agree that you will not:
- Without the prior written consent of Exaholics, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
- Other than for your use of the Site, access or attempt to access any system or servers on which the Site is hosted or modify or alter the Site in any way;
- Submit, display, or transmit any User Content via the system or services on which the Site is hosted in violation of any copyright, trademark rights, rights of publicity or privacy or other proprietary rights of any third party, or your contractual obligation to any third party, or in violation of applicable, law, rules, and regulations;
- Submit, display, or transmit any User Content that exceeds Exaholic’s capacity limits or that you do not own or have the necessary and appropriate rights to submit, display, or transmit;
- Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
- Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or User Content transmitted to or via the Site;
- Use the Site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
- Publish, post, display, offer, or disseminate any profane, obscene, indecent, offensive, unlawful, terroristic, violent, or hateful User Content or any User Content reflecting negatively on the Site or the operators of the Site;
- Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the Site;
- Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs; or
- Restrict or prevent any other user from using the Site and/or any products or services offered on or through the Site.
Modification of the Site and These Terms & Conditions
Everything on this Site is copyrighted, unless otherwise noted, and may not be used except with the express written consent of Exaholics. Unless otherwise agreed in writing by Exaholics, you may not copy, display, or post any Content offered via this Site on any network computer, web site, bulletin board, or any other publicly accessible medium. You must keep intact, and may not remove or alter, any copyright notices on any Content offered via this Site.
Digital Millennium Copyright Act
Exaholics expects all users to respect the intellectual property rights of others. Exaholics may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify our copyright agent, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work or works claimed to have been infringed;
- A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
- Your address, telephone number and e-mail address;
- A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
- A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
Our copyright agent can be reached at:
Richard Roth, Esq.
The Roth Law Firm, PLLC
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Exaholics, or the other respective owners of such Marks. You may not display or reproduce the Marks without the prior written consent of Exaholics, and you may not remove or otherwise modify any trademark notices from any Content offered or received through the Site.
Third Party Content
Exaholics does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any opinion, statement or material displayed or distributed through this Site by a third party. You understand that by using this Site you may be exposed to material you find offensive or objectionable, and in this respect your use of the Site and your reliance upon any third party opinion, statement or material displayed or distributed through this Web Site is at your own risk. Exaholics shall have no responsibility for the conduct, on-line or off-line, of any user, visitor to or participant in the Site.
Interactions With Others
You are solely responsible for your interactions, both on-line and off-line, with other users, visitors to or participants in this Site, and with persons you meet through such users, visitors or participants. You understand and acknowledge that Exaholics does not screen our users, visitors or participants, inquire into their backgrounds or attempt to verify the information they provide. In all interactions, whether on-line or off-line, with other users of, visitors to or participants in this Site and with persons you meet through such visitors or participants, you agree to take all precautions necessary to protect yourself, your property and your personal and financial information. IN NO EVENT SHALL EXAHOLICS OR ANY EXAHOLICS OFFICER, EMPLOYEE, AGENT, OR REPRESENTATIVE BE LIABLE FOR, AND YOU AGREE TO RELEASE EXAHOLICS , LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, EMOTIONAL DISTRESS, BODILY INJURY OR DEATH RESULTING FROM YOUR COMMUNICATIONS OR OTHER CONTACT, WHETHER ON-LINE OR OFF-LINE, WITH VISITORS TO OR PARTICIPANTS IN THIS WEB SITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS OR PARTICIPANTS
Links to Third Party Sites
The Site may contain links to web sites operated by third parties other than Exaholics. Such links are provided for your reference only. Exaholics does not control such web sites, and is not responsible for the content of such web sites. Exaholic’s inclusion of links to such web sites does not imply any endorsement of the content on such web sites. If you decide to access any third party web sites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such third party web sites.
Forms, Registrations, and Passwords
If any of the services or Content provided on or through this Site require you to open an account, register, or provide certain information, you agree to complete the account initiation, registration, or other process by providing Ehaholics with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Exaholics is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Exaholics.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Exaholics immediately of any unauthorized use of any Password that is not issued directly to you or approved by Exaholics. You acknowledge and agree that Exaholics, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you.
Exaholics cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
The Site makes available to users certain community-based features that allow users to post articles or blogs, exchange messages with other Site users, and participate in chat rooms, newsgroups, and other similar forums for the exchange of information of interest to the Exaholics community (collectively the "Exaholics Forums"). If you use, access, or post content to the Exaholics Forums, your use will be governed by the Exaholics Community Standards.
ALL CONTENT OR USER CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXAHOLICS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY EXAHOLICS OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, EXAHOLICS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXAHOLICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR EXAHOLICS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXAHOLICS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Personal & Non-Commercial Use Limitations
This Site is for your personal and non-commercial use. Except with the prior written consent of Exaholics, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer or sell any Content, information, software, products, or services obtained from this Site. The Content available through this Site is the sole property of Exaholics or its licensors and is protected by patent, copyright, trademark, trade secret and other applicable intellectual property laws. Except as otherwise explicitly agreed in writing, Exaholics-owned Content received through this Site may be downloaded, displayed, and printed for your personal, non-commercial use only.