Effective on July 21, 2024
Welcome to FRIENDTOO LLC. As used in this Agreement, the terms “FRIENDTOO LLC,” “FriendToo”, “us,” “we,” the “Company”, and “our” shall refer to FRIENDTOO LLC (including subsidiaries and affiliates), as appropriate.
By accessing or using our Services on FriendToo.com (the “Website”), the FriendToo mobile application (the “App”), or any other platforms or services FriendToo may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your use of our Services is also subject to our Privacy Policy and any other terms disclosed and agreed to by you when you use features, products, or services from us, which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.
We may modify, amend, or change the Terms at any time at our sole discretion. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you agree to regularly check this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your affirmative acceptance of any change and you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you should stop using our Services.
By using our Services, you represent and warrant that:
You agree to:
You agree that you will not:
If at any time you cease to meet these requirements, you must immediately delete your account.
We reserve the right to modify or discontinue, for any time, and for any reason, any of our Services to any user with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
While using our Services, you may have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that FriendToo provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You covenant that the information you provide to us or any other user is accurate, including any information submitted through any third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The following is a partial list of the kind of Content that is prohibited. FriendToo prohibits you from posting, uploading or sharing content that:
The uploading or sharing of content that violates these Terms may result in the immediate suspension or termination of your account.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing users to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
We own and retain all proprietary rights in, and related to, our Website and Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited license to access and use Our Content as provided below, and we reserve all other rights.
Nothing in this Agreement grants you a license of any kind to or in FriendToo’s proprietary material or intellectual property, other than the right to use the Services. You agree to no copy, modify, transmit, create any derivative works from, make use of, or reproduce, in any way, any copyright material, trademarks, trade names, service marks, distinctive branding feature, or other intellectual property or proprietary information owned by FriendToo.
For as long as you have an active account and are allowed to use the Services, FriendToo grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable license to access and use our Services for purposes as intended by FriendToo and permitted by these Terms and applicable laws.
By creating an account, you grant to FriendToo, its affiliates, licensees and successors, a worldwide, irrevocable, perpetual, transferable, sub-licensable, fully paid-up, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from a third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. You also grant FriendToo the right to prepare derivative works of Your Content or incorporate Your Content into other works. You also grant and authorize sublicenses of the foregoing in any media now known or hereafter created. FriendToo’s license to Your Content is non-exclusive.
In consideration for FriendToo allowing you to use our Services, you agree that we and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to FriendToo regarding our Services, you agree that FriendToo may use and share such feedback for any purpose without compensating you.
You understand and agree that we may monitor, restrict, or review any Content you post as part of the Service. We may delete, edit, or manage any Content, in any way, that in our judgment violates this Agreement, may harm our reputation or that we feel is detrimental to the Services. We may suspend or terminate your membership for violation of this Section 5.
You agree that FriendToo may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
You can delete your account at any time and for any reason by logging into the Website, going to “Settings” (the gear/pencil icon in the top right corner), and following the instructions to cancel your membership.
At its sole discretion and without notice to you, FriendToo reserves the right to investigate and, if appropriate, terminate or suspend your account if you have violated these Terms, misused our Services, or behaved in a way that FriendToo regards as inappropriate or unlawful, on or off our Services. We are not required to disclose, and may be legally prohibited from disclosing, the reason we terminated or suspended your account.
You acknowledge and agree that FriendToo does not currently conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users. FriendToo makes no representations or warranties (unless otherwise given elsewhere in this Agreement) as to the conduct, identity, intentions, legitimacy, or veracity of users. FriendToo reserves the right to conduct—and you authorize FriendToo to conduct—any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. You are solely responsible for your interactions with other users. Screenings and other tools do not guarantee your safety and are not a substitute for following sensible safety precautions. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Communications received through the Service, including automatic notifications sent by FriendToo, may result from users engaging with the Service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.
Except as otherwise provided in this Agreement, FriendToo provides our Services on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to our Services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. FriendToo does not represent or warrant that (a) our Services will be uninterrupted, secure, or error free, (b) any defects or errors in our Services will be corrected, or (c) that any content or information you obtain on or through our Services will be accurate. Furthermore, FriendToo makes no guarantees as to the number of active users at any time; users’ ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the Services.
FriendToo takes no responsibility for any content that you or another user or third party posts, sends, or receives through our Services nor does FriendToo take any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate through FriendToo. Any material downloaded or otherwise obtained through the use of our Services is accessed at your own discretion and risk. FriendToo is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
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.
If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
Any DMCA Takedown Notices should be sent to 336 East University Parkway #1170, Orem, Utah 84058.
FriendToo will terminate the accounts of repeat infringers.
There are ads on our Websites. Services may contain advertisements and promotions offered by third parties and links to other websites or resources. FriendToo may also provide non-commercial links or references to third parties within its content. FriendToo is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, FriendToo is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. FriendToo is not responsible or liable for such third parties’ terms or actions.
To the fullest extent permitted by applicable law, in no event will FriendToo, its affiliates, business partners, employees, licensors, or service providers be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly even if foreseeable or if FriendToo has been advised of the possibility of such damages, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the services, (ii) the conduct or content of other users or third parties on, through, or following use of the services; (iii) unauthorized access, use, or alteration of your content; (iv) any incorrect or inaccurate content posted through our services, whether caused by any member or any of the equipment or programming associated with or used in our services; (v) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications, or personalization settings; (vi) any action taken connected to an investigation by us or law enforcement authorities regarding your or any other party’s use of our services; (vii) any action taken with copyright or other intellectual property owners; (viii) any error, omission, defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any member communications; or (ix) any damage to user’s computer, mobile device, or other equipment, including without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work delay, accuracy of results, or computer failure. In no event will FriendToo’s aggregate liability to you for all claims relating to the services exceed the amount paid, if any, by you to FriendToo for the services while you have an account.
In no event will we be liable to you or anyone else for loss, damage, or injury, including, without limitation, death or personal injury.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or services or terms of this agreement must be filed within one year after such claim or cause of action arose or be barred.
The limitation of liability provisions set forth in this Section 11 shall apply even if your remedies under this Agreement fail with respect to their essential purpose.
If you are dissatisfied with our Services for any reason, please contact FriendToo Customer Service at support@friendtoo.com first so that we can try to resolve your concerns without the need of outside assistance.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be binding arbitration administered by Judicial Arbitration and Mediation Services ("JAMS") under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. By using our Services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). You also give up your right to participate in a class action or other class proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute.
Except where our arbitration agreement is prohibited by law, the laws of Utah, U.S.A., excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 13 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Utah governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Salt Lake County, Utah, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with FriendToo that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Salt Lake County, Utah, U.S.A. You and FriendToo consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.
You agree to indemnify and hold FriendToo, its affiliates, and their officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising from the use of the Services or violation of these Terms.
You will fully cooperate, as required, with FriendToo in the defense of any claim. FriendToo reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without prior written consent.
These Terms, with our Privacy Policy and any additional terms you agree to in the Services, contain the entire agreement between you and FriendToo regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your FriendToo account is non-transferable and all your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not represent that you have any authority to bind the Company.
Download a copy of this agreement for your records.
Download Terms of Use (PDF)