EXfileZ.com is a place for adults to come and share their experiences with past relationships, and in order to create an enjoyable and lawful experience users must abide by certain guidelines.   

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of EXfileZ.com services (the “Service”).  By using this Site, whether as a “Visitor” (which means a person who simply browses the Website) or as a “Member” (which means a person who registers as a member with EXfileZ.com), you are agreeing to be bound by this Agreement.  Please read the Agreement carefully and save it.  If you do not agree with it or any part, you must exit the Site and discontinue the use of EXfileZ.com services immediately. 

In addition to this Agreement, you must abide by the terms of our Privacy Policy and any other posted guidelines, rules, or notices applicable to the Service; which may be posted from time to time.  All such polices, guidelines, rules, and notices are hereby incorporated by reference into the Agreement.   

EXfileZ.com reserves the right to modify the terms and conditions of the Agreement without prior notice.  If we do so, we will post the amended Agreement on the Site.  It is one’s own responsibility to review the Agreement for any changes and to save an updated version.  If one does not agree to, or cannot comply with, the Agreement as amended, they must stop using the Service.  One’s continued use of the service, after any amendments are posted, will indicate one’s acceptance of the Agreement as amended.   

Please be very cautious about the information you post on EXfileZ.com, and that you provide to other Users.  Your EXfileZ.com profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.  Despite this prohibition, information provided by other EXfilez.com members (for instance, in their profile or post) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and EXfileZ.com assumes no responsibility or liability for this material  If one becomes aware of the misuse of the Services by any person, please contact EXfileZ.com to report inappropriate content. 

              1. Eligibility Age and Legal Access Certification

You must be an adult to use the Services.  By using this Site or the Services, you certify that you are 18 years of age (21 in AL, MS, NE, or WY) or older.  Your profile may be deleted and Membership may be terminated without warning, if EXfileZ.com believes that you under 18 years of age.   

   2.  Term

EXfileZ.com may terminate your membership should you violate this Agreement or fail to pay for the Service as required. If your Service membership is terminated for any reason, you shall not be entitled to a refund of any unused portion of subscription fees, should any exist.

  

3. Password

Members may be asked to choose a password.  You are solely responsible for maintaining the security and confidentially of your password or other Member Account information.  You agree that EXfileZ.com shall not be responsible for any loss or damage arising out of the unauthorized use of your password or other Member Account information.  You agree to indemnify and hold harmless EXfileZ.com, it officers, directors, agents, employees, subsidiaries, and affiliates for any unauthorized, improper, or illegal use of that information.  You and not EXfileZ.com are solely responsible for all content (defined below) published or displayed through one’s account, including, without limitation, any e-mail messages, posts, or tags, and for one’s interactions with other Members or Users.  You further represent and warrant that one’s use of the EXfileZ.com service will not violate any applicable law or regulation.    

  

4. Non-commercial use only

The Services are for personal use of individual Members only and may not be used in connection with any commercial endeavor, except those that are specifically approved or endorsed in writing by EXfileZ.com management.  Member or user names, passwords, links, photographs and any other content may not be transferred or copied from the Service for use with any other product or service.  EXfileZ.com reserves all right, title, and interest in the Service not expressly granted under this Agreement to the fullest extent possible; any use of the Service not specifically permitted under this Agreement is prohibited. 

5. Content
1. The Service enables members to upload, archive, post, publish, e-mail or otherwise transmit to EXfileZ.com Web pages, text, code, software, music sound, photographs, graphics, video, audio, messages, tags, and other information, data, or material (“Content”).  All Content made available through the Service, but not directly by EXfileZ.com, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for the content provided to EXfileZ.com public archives, blogs, message boards, classified ads, Member profiles, categories, groups, or other part of the Service.
2. YOU MUST NOT POST OR TRANSMIT ANY CONTENT THROUGH THE SERVICES THAT IS DEFAMATORY OR OTHERWISE ILLEGAL, AND YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT YOU POST OR TRANSMIT.
3. You represent and warrant that (1) You own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, (2) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights or any other rights of any person and (3) have the rights and permission to transmit Content to any person to whom you send Content through use of the Service.  You have the written consent, release, and/or permission of every person identifiable in the Content as contemplated by the Service and this Agreement.  You agree to pay all royalties, fees, and any other monies owing any person by reason of any Content posted by you or through the Service.
4. EXFILEZ.COM DOES NOT: (1) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (2) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN EXFILEZ.COM.  UNDER NO CIRCUMSTANCES WILL EXFILEZ.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO OR BY ANY USERS.
5. By displaying or publishing any content you retain all your ownership rights to the Content you post to EXfileZ.com.  However, by “posting” the content to EXfileZ.com you hereby grant to EXfileZ.com a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, fully sub-licensable (through multiple tiers), and transferable license to copy, distribute, prepare derivative works or, adapt, publicly perform, publicly display, and use the Content in connection with the Service and EXfileZ.com, including without limitation promotion and redistribution of the Service and derivative work thereof, through any media channel and in any media format known now or in the future.    
6. While using the Service, one may access or be exposed to Content posted by others that is inaccurate, incomplete, indecent, offensive, or otherwise objectionable.  Content encountered is the sole responsibility of the individual who posted it.  You will not hold EXfileZ.com responsible for the actions or inactions of Members or Users, including without limitation any posted Content.  If you become aware of the misuse of the Services by any person, please contact EXfileZ.com at:  abuse@EXfileZ.com to report inappropriate content.
7. EXFILEZ.COM WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.  EXfileZ.com does not pre-screen, edit, or review Content posted on or through any of the services.  One is solely responsible for the Content that they post on or through any of the Services, and any material or information that you transmit to other members and for their interactions with other Users.  EXfileZ.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that one transmits to other members. 

 
 

6. Code of Conduct

The following is a partial list of the kind of content that is illegal or prohibited to post on the site or through the Services.  EXfileZ.com has the right to investigate and take appropriate legal action against anyone who, in EXfileZ.com’s sole discretion violates this provision, including, without limitation, removing or relocating the offending communication or Content or otherwise blocking or restricting any Content from the Services and terminating the membership of such violators. Prohibited Content includes, but not be limited to, content that, in the sole discretion of EXfileZ.com that:

1. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person or invades their privacy;
3. contains nudity, violence, or offensive subject matter
4. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
5. promotes information that is knowingly false or misleading;
6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. 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; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
8. provides material of anyone under the age of 18 in any manner, or solicits personal information from anyone under 18;
9. provides material involving sex with animals; exploits people in a sexual or violent manner
10. provides instructional information about illegal activities such as making or buying illegal weapons,
11. violates someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
12. engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent
13. provides telephone numbers, street addressed, URLs or email addresses;
14. includes a photograph of another person that you have posted without that person’s consent.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through one’s use of the Services.  EXfileZ.com reserves the right to investigate and take appropriate legal action against anyone who, in EXfileZ.com sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

15. Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spimming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft or trade secrets;
16. Use of the Service in any way to provide material support or resources (or to conceal or disguise the source, location, nature, or ownership of material support or resources) to any organization designated by the U.S. government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act, 8 U.S.C. P 1189
17. Covering or obscuring the banner advertisement on your personal profile page, or any EXfileZ.com page via HTML/CSS or any other means;
18. Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
19. Attempting to impersonate another Member or person;
20. Selling or otherwise transferring your profile.

One must use the EXfileZ.com service in a manner consistent with any and all applicable laws and regulations.   

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 consent of the owner of such proprietary rights or otherwise have a valid basis under law, including “fair use”.  Without limiting the foregoing, if you believes that copyrighted work has been copied and posted on EXfileZ.com service in a way that constitutes copyright infringement please provide us the following information consistent with the Digital Millennium Copyright Act (DMCA):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material you claim is infringing, is located on the site including the URLs of web pages and/or hyperlinks
4. your address, telephone number, and email address;
5. 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. EXfileZ.com Copyright Agent for Notice of claims of copyright infringement can be reached at copyrightagent@EXfileZ.com
6. It is EXfileZ.com intention to fully comply with the DMCA, including the Notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent by law, and to the extent the Notice and “take down” requirements above deviate from the requirement under DMCA then the Notice requirements as provided by the DMCA, shall control and are herein incorporated by reference.
2. You may not "frame" or "mirror" any part of the Site, without EXfileZ.com’s prior written authorization.

8. Member Disputes 
   EXfileZ.com does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other EXfileZ.com members. Because EXfileZ.com is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on the EXfileZ.com site, you release EXfileZ.com, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  EXfileZ.com reserves the right, but has no obligation, to monitor disputes between you and other members.
9. Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

10. Disclaimer

The materials on EXfileZ.com are provided "AS IS" without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property or fitness for a particular purpose.  Any and all of use of the service is at one’s own risk.  EXfileZ.com offers no assurance of uninterrupted or error free service.  Under no circumstances shall EXfileZ.com be held liable for any error, omission, interruption, deletion, loss, corruption, defect, delay, theft, destruction, unauthorized access to, or alteration of communication, or any other delay or failure in performance.  EXfileZ.com does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this web site. EXfileZ.com makes no commitment to update the information found at this site. In no event shall EXfileZ.com be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on this site, even if EXfileZ.com has been advised of such damages (as some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.)

EXfileZ.com makes no claims in regards to the accuracy or suitability of any information found on this web site. EXfileZ.com is not responsible for any information found on this web site. EXfileZ.com has no right to change any information submitted to this web site into the database by third parties.  Rules of Conduct must be followed on the Message Board; otherwise your post may be deleted by a moderator.  EXfileZ.com may contain links to other websites.  It is not responsible for Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by EXfileZ.com.  Inclusion of any linked website by EXfileZ.com does not imply approval or endorsement of the linked website by EXfileZ.com.  When one accesses these third party sites, one does so at their own risk.  EXfileZ.com takes no responsibility for third party advertisements which are posted on this website or through its Services, nor does it take any responsibility for the goods or services provided by its advertisers. 

By posting Content on EXfileZ.com one acknowledges that any Content posted to EXfileZ.com is done at your own risk. EXfileZ.com shall not be held liable for any loss, damage, or injury relating to such Content in any way. EXfileZ.com shall not be held liable for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by users, Members, or any equipment or programming associated with or used in the Service.  EXfileZ.com shall not be held liable for the conduct of any Member or user. One’s interactions with Members, other individuals, and/or organizations found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such Members, individuals, and/or organizations. One should make whatever investigation one feels is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Under no circumstances shall EXfileZ.com be held liable for any loss, damage, or injury, including, without limitation, personal injury or death, resulting from any use of the Service, any Content posted on the Service or transmitted to Members, or any interaction or dealings between Members or users, whether online or offline. 

11. Limitation on Liability

IN NO EVENT WILL EXFILEZ.COM BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR AN OTHER TANGIBLE OR INTANGIBLE LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE EXFILEZ.COM SERVICE, EVEN IF EXFILEZ.COM OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU.  NO ADVICE OR INFORMATON, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXFILEZ.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH ADVICE OR INFORMATION.  YOU SPECIFICALLY ACKNOWLEDGE THAT EXFILEZ.com SHALL NOT BE LIABLE FOR CONTENT POSTED BY MEMBERS OR USERS, OR FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER, USER, OR OTHER THIRD PARTY, AND YOU BEAR THE ENTIRE RISK OF DAMAGE OR HARM FROM THE FOREGOING. SUCH LIMITATION SHALL ALSO APPLY, WITH RESPECT, TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH EXFILEZ.COM OR THE SERVICE OR ANY LINKS ON EXFILEZ.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH EXFILEZ.COM OR THE SERVICE OR ANY LINKS ON EXFILEZ.COM.  SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO LIMITATIONS AND EXCLUSIONS HEREIN MAY OR MAY NOT BE APPLICABLE TO YOU.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXFILEZ.COM LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EXFILEZ.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

      12.  Indemnity

You agree to defend (at EXfileZ.com’s request), indemnify, and hold harmless EXfileZ.com, its officers, directors, employees, agents, subsidiaries, affiliates, and partners from any loss, costs, liability, claim, demand, or damages and expenses, including, without limitation attorney's fees, made by any third party due to or arising out of Your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of their representations and warranties set forth above an/or in any Content that one posts on the Website or through the Services cause EXfileZ.com to be liable to another. 

13.  Disputes

These Terms of Use and/or one’s relationships with EXfileZ.com, shall be governed by the laws of New York State without regard to conflict of law provisions.  You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York.  Either EXfileZ.com or you may demand that any dispute between EXfileZ.com and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Associate in New York, New York. 

            14.  Notices

EXfileZ.com may provide members and users with notices, including, without limitation, regarding changes to the Agreement, by email, regular mail, or postings on the Service.  Unless the notice states otherwise it will become effective immediately. 

            15.  Miscellaneous

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.  

Contact Us:  If there are any questions about these terms of use, the privacy statement, the practices of this site, or one’s dealings with this Web site, you can Contact Us at: privacy@ExfileZ.com.

COMPLAINTS: To attempt to resolve a complaint regarding the Service, Contact Us at: info@EXfileZ.com

EXfileZ.com reserves the right to modify the terms and conditions of the Agreement without prior notice.  If we do so, we will post the amended Agreement on the Site.  It is one’s own responsibility to review the Agreement for any changes and to save an updated version. 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.