Bareback.net (the “Website”) is a social networking/dating service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is owned and operated by Bareback.net which is owned and operated the operators of tpgwebsite.com. By using the Website you, the user (hereinafter referred to as “you” or “Subscriber”) agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. Bareback.net may modify this Agreement from time to time and such modification shall be effective upon posting by on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Bareback.net's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and 's Privacy Policy.

Please choose carefully the information you post on and that you provide to other Members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and assumes no responsibility nor liability for this material.

Bareback.net shall have the right, but not the obligation, to monitor the content of Bareback.net, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Bareback.net and to satisfy any law, regulation or authorized government request. Bareback.net shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Bareback.net website. Without limiting the foregoing, Bareback.net shall have the right to remove any material that Bareback.net, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Bareback.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

By participating in any offline event, you agree to release and hold harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline event.

Terms of Use

By using this website and the services provided at this website you agree that you, the user, have read and agree to be bound by all terms and conditions contained within this document. If you do not agree to the terms and conditions contained within this document you must leave this site immediately, continuing to use this site and its services constitutes your consent and agreement to this agreement. Please read agreement carefully.

ALL MATERIALS, INCLUDING GRAPHIC FILES, AUDIO FILES, VIDEO FILES, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, AND OTHER SOFTWARE THAT COMPANY PROVIDES CONTAINED AT THIS SITE (COLLECTIVELY "MATERIALS") ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS WHO ARE IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE COMMUNITY STANDARDS OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION. THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY.

YOU HEREBY WARRANT AND AFFIRM THAT IT IS LEGAL TO VIEW THE MATERIALS WHERE YOU ARE LOCATED.

YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM THIS SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.

NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THIS SITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.

1) Your Interactions.

You are solely responsible for your interactions and communication with other Members. You understand that Bareback.net does not in any way screen its Members, nor does Bareback.net inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Bareback.net makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. We do however recommend that if you choose to meet or exchange personal information with any member of Bareback.net then you should take it upon yourself to do a background check on said person.

In no event shall Bareback.net be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service.

This Agreement, which incorporates by reference other provisions applicable to use of the Bareback.net website, including, but not limited to sets forth the terms and conditions that apply to use of Bareback.net by Subscriber. By using the Bareback.net website (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use Bareback.net is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

Bareback.net shall have the right at any time to change or discontinue any aspect or feature of the Bareback.net website, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Bareback.net shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Bareback.net, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Bareback.net website, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the Bareback.net website by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

2) Eligibility.

Membership in the Service where void is prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Bareback.net shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all content published or displayed through your account, including any email messages, and for your interactions with other members.

Subscriber shall use Bareback.net for lawful purposes only. Subscriber shall not post or transmit through Bareback.net any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Bareback.net's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Bareback.net's discretion restricts or inhibits any other Subscriber from using or enjoying Bareback.net will not be permitted. Subscriber shall not use Bareback.net to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Bareback.net.

Bareback.net contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Bareback.net are copyrighted as a collective work under the United States copyright laws. Bareback.net owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Bareback.net and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

Subscriber shall not upload, post or otherwise make available on Bareback.net any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Bareback.net, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Bareback.net the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Bareback.net the right to edit, copy, publish and distribute any material made available on Bareback.net by Subscriber.

The foregoing provisions of Section 5 are for the benefit of Bareback.net, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

3) Term/Fees.

This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time. Bareback.net may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your Membership application or other email address as you may subsequently provide to Bareback.net. By using the Service and by becoming a Member, you acknowledge that Bareback.net reserves the right to charge for the Service and has the right to terminate a Member's Membership if Member should breach this Agreement or fail to pay for the Service, as required by this Agreement.

Payment for the Service provided to you at and/or through this site may be made by automatic credit card or check debit and you hereby authorize the Company and/or its authorized agents to transact such payments on your behalf. Unless you have good reason to believe the credit card (or other approved facility) you use to purchase your subscription is lost or stolen, you agree not to report that credit card (or other approved facility) as lost or stolen. Subscriber shall not dispute any authorized charge by Company and/or its authorized agents. You agree and acknowledge that if you fraudulently report the credit card (or other approved facility) used to obtain the Service or goods from the Service as stolen, or if you fraudulent report that an authorized charge by the Company and/or its authorized agents is unauthorized, you shall be liable to the Company and/or its authorized agents for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Failure on behalf of Subscriber's part to cancel their membership period before the next billing shall never constitute an unauthorized charge on part of the Company. Subscriber shall be liable for liquidated damages as set forth above if subscriber reports an unauthorized charge to their credit card company due to Subscriber's failure to properly cancel their account.

(A) Subscription: If you purchase a subscription you authorize the Company and/or its authorized agents to charge your credit card (or other approved facility) for periodic subscription fees according to the then-current billing terms for the Service. You are responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are earned upon receipt and are non-refundable whether or not termination is at your request. For your convenience and satisfaction, all Subscriptions will automatically renew until canceled. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of the Service.

(B) Cancellation: Subscriber may cancel their membership at any time. Subscriptions are based on a monthly basis and no pro-ration shall occur. Subscriber shall have access to subscription benefits until the end of their subscription period.

(C) Refund Policy: The Company manages the credit and refund policy for these websites on a case-by-case basis to determine the best course of action pursuant to the customer's issue. Please contact Company concerning a refund by using the Contact Us link at the bottom of every page on Bareback.net.

(D) Terminating Subscriptions: the Company and/or its authorized agents may terminate your Subscription at any time, and without cause. You agree to be personally liable for all charges incurred by you during or through the use of this site. Your liability for such charges shall continue after termination of your membership for any reason.

(E) Subscriptions Are Non-Transferable: Subscriptions may not be assigned or transferred to any other person or entity nor may you provide any other person or entity access to your subscription, either directly or indirectly. This includes, but is not limited to, sending your username and/or password to other parties and making your username and/or password available where others may access them. You must keep your password strictly confidential. Allowing others to gain unauthorized access to this site is a breach of this Agreement and a violation of law.

(F) Notice To The Company: You must promptly inform the Company and/or its authorized agents of the following: changes in the expiration date of any credit card used in connection with this site; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until the Company and/or its authorized agents are notified, by email, web-site form, fax or by telephone to this site's Customer Service Department (888) 357-3693 of a breach in security, you will remain liable for any unauthorized use of this site. The Company and/or its authorized agents will provide you, upon request, access to billing records that support charges for use of this site

4) Non Commercial Use by Members.

The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Bareback.net. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Bareback.net for any illegal or unauthorized use of the Website.

5) Proprietary Rights in Content on Bareback.net.

Bareback.net owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of Bareback.net and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

6) Content Posted on the Site.

a. You understand and agree that Bareback.net may review and delete any content, messages, Bareback.net Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of Bareback.net violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.

b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

c. By posting any Content to the public areas of the Website, you hereby grant to Bareback.net the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website.

 

d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Bareback.net reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:

i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

ii. harasses or advocates harassment of another person;

iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although Bareback.net cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Bareback.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Bareback.net deems appropriate in its sole discretion.

g. You may not cover or obscure the banner advertisements on your personal profile page, or any Bareback.net page via HTML/CSS or any other means.

h. Any automated use of the system, such as using scripts to add friends, is prohibited.

i. You may not attempt to impersonate another user or person who is not a member of Bareback.net.

j. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.

k. You may not sell or otherwise transfer your profile.

7) Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Bareback.net to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Bareback.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Bareback.net 's Copyright Agent for notice of claims of copyright infringement can be reached by following the instructions at this page DMCA.

8) Member Disputes.

You are solely responsible for your interactions with other Bareback.net Members. Bareback.net reserves the right, but has no obligation, to monitor disputes between you and other Members.

9) Disclaimers.

Bareback.net is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Bareback.net is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Bareback.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. Bareback.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Bareback.net be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Bareback.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bareback.net cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

10) Disclaimer of Warranty; Limitation of Liability.

(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF BAREBACK.NET IS AT SUBSCRIBER'S SOLE RISK. NEITHER Bareback.net, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT the Bareback.net WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF the Bareback.net WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH the Bareback.net WEBSITE.

(B) Bareback.net IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Bareback.net IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.

(D) IN NO EVENT WILL Bareback.net, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BAREBACK.NET OR THE BAREBACK.NET SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Bareback.net. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON BACK.NET.

(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Bareback.net, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN BAREBACK.NET, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. Bareback.net, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, Bareback.net, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

11) Disputes.

If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.

12) Indemnity.

You agree to indemnify and hold Bareback.net, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

13) Other.

This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Bareback.net regarding the use of the Website and/or the Service. The failure of Bareback.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement Bareback.net is a trademark of Bareback.net.

14. Arbitration.

You, the subscriber, agree that in the event a dispute shall arise between the parties to this agreement and the use of Bareback.net and its services or any services provided by Bareback.net, it is hereby agreed that the dispute shall be Arbitrated by the American Arbitration Association in the Atlanta, Georgia office. Arbitration shall be conducted in accordance with the applicable American Arbitration Association rules of Arbritration. The arbitrator's decision shall be final and legally binding and judgment may be entered theron.

Each party shall be responsible for its share of the arbitration fees in accordance with the applicable rules. In the vent that the subscriber fails to proceed with arbitration, uncessucessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, Bareback.net shall be entitled to costs of suit, including full attorney's fees for having to compel arbitration or defend or enfroce the award.

15. Monitoring.

Bareback.net shall have the right, but not the obligation, to monitor the content of Bareback.net, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Bareback.net and to satisfy any law, regulation or authorized government request. Bareback.net shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Bareback.net. Without limiting the foregoing, Bareback.net shall have the right to remove any material that Bareback.net, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

16. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless Bareback.net, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Bareback.net by Subscriber or Subscriber's Account.

17. Termination.

Either Bareback.net or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Bareback.net shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Bareback.net, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.

18. Trademarks.

Bareback.net website is trademarks of The Pixyl Group, Inc., a Georgia Corporation. All rights reserved. All other trademarks appearing on Bareback.net are the property of their respective owners.

19. Third Party Content.

Bareback.net is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Bareback.net has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the Bareback.net website, are those of the respective author(s) or distributor(s) and not of Bareback.net. Neither Bareback.net nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through Bareback.net represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Bareback.net. Bareback.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Bareback.net by anyone other than authorized Bareback.net employee spokespersons while acting in their official capacities. Under no circumstances will Bareback.net be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the Bareback.net website. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Bareback.net. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

20. Miscellaneous.

This Agreement and any operating rules for Bareback.net established by Bareback.net constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Georgia , without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

If the Company should at any time provide any service which enables you to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this site or other services provided to you by Company. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Agreement entitling Company to immediately terminate all rights to access to this site. You are solely responsible for all information that you submit, publish, display, disseminate or otherwise communicate through this site even if a claim should arise after termination of service. If the Company provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access this site and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Company directly or through this site can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).

Notices from this site to Subscribers may be given by means of e-mail, by general posting on this site, or by conventional mail. Communications from you to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to this site may be sent in the following manner:

a. By means of the website form

You are responsible for providing all personal computer and communications equipment necessary to gain access to you Subscription. Access to and use of you Subscription is through the use of a password.

This Agreement contains the entire agreement between the Subscriber and Company regarding Subscribers' use of this site, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of Georgia and the United States as applied to agreements between Georgia state residents entered into and to be performed within the State of Georgia, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

 

 

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The following statement is required for one of our payment processors:
If you have any legal questions regarding any of our services, please contact us at:

TPGWEBSITE.COM
5805 State Bridge Rd
Suite G163
Duluth, Georgia 30097
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