Our
Terms and Agreement

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. 

Welcome to WhatIfYouWereMe.com.  For purposes of this Agreement, “WhatIfYouWereMe.com” is defined to include Alohas, Inc., its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, distributors, affiliates, advertisers, and/or promoters, as well as any references to “us,” “we,” and “our.”

By using the WhatIfYouWereMe.com Website (the “Website”), you agree to be bound by these Terms of Use (the “Agreement”), whether or not you register as a member of WhatIfYouWereMe.com (“Member”) or make use of the WhatIfYouWereMe.com service (the “Service”).  Please read these Terms of Use.  If you object to anything in this Agreement or the WhatIfYouWereMe.com Privacy Policy {Insert Link}, do not use the Website or the Service.

  1. Acceptance of Terms of Use Agreement.
    1. Electronic Agreement.This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the the Service. This Agreement may be modified by WhatIfYouWereMe.com from time to time, such modifications to be effective upon posting by WhatIfYouWereMe.com on the Website. This Agreement includes WhatIfYouWereMe.com's Acceptable Use Policy for Content Posted on the Website, WhatIfYouWereMe.com's Privacy Policy, WhatIfYouWereMe.com's subscription policies and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein.
    2. Electronic Form.By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
    3. Non-electronic Copy.You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us.
    4. Withdrawing Your Consent.You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
      1. Effect.Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Website or the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
    5. Notice.To withdraw your consent and/or request a non-electronic copy of this Agreement, please Contact Us.
      1. Effective Timing.Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
    6. Access and Retention.In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
  2. Eligibility.

You must be at least eighteen (18) years of age to register as a member of WhatIfYouWereMe.com or use the Website or the Service.  Membership in the Website or the Service is void where prohibited. By using the Website or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. {SIGN UP PAGE CAN’T LET ANYONE UNDER 18 BECOME A MEMBER}

  1. Membership and Subscription.

You may become a Member of the Website or the Service at no cost. As a Member, you will have the ability to participate in all of the features and services available within the Website or the Service.

      Mobile and Other Devices

1.         We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

2.         In the event you change or deactivate your mobile telephone number, you will update your account information on WhatIfYouWereMe.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

3.         You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on WhatIfYouWereMe.com.

  1. Term.

This Agreement will remain in full force and effect while you use the Website, the Website or the Service, and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on the Resign pages in “Account Settings” on your profile page, or you may Contact Us.  {ALSO, DO WE HAVE A CANCELLATION OPTION?  THAT SENDS AN EMAIL THANKING THEM FOR TRYING US AND HOPE THEY COME BACK SOON?}  WhatIfYouWereMe.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to WhatIfYouWereMe.com. All decisions regarding the termination of accounts shall be made in the sole discretion of WhatIfYouWereMe.com. WhatIfYouWereMe.com is not required to provide you notice prior to terminating your membership and/or subscription. WhatIfYouWereMe.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

  1. Non-commercial Use by Members.

The Website is for the personal, entertainment use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Website or the Service for any purpose. Illegal and/or unauthorized uses of the Website or the Service, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website or the Service is with the permission of WhatIfYouWereMe.com, which may be revoked at any time, for any reason, in WhatIfYouWereMe.com's sole discretion.

  1. Account Security.

You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify WhatIfYouWereMe.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WhatIfYouWereMe.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

  1. YOUR INTERACTIONS WITH OTHER MEMBERS/DISCLAIMERS
    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT WHATIFYOUWEREME.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. WHATIFYOUWEREME.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. WHATIFYOUWEREME.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, POSTINGS, COMMENTS AND ANY OTHER SUBMISSIONS MADE BY ITS MEMBERS. WHATIFYOUWEREME.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
    2. WHATIFYOUWERME.COM AND THE SERVICES ARE FOR ENTERTAINMENT PURPOSES ONLY, AND YOU USE THE WEBSITE AND THE SERVICE AT YOUR OWN RISK.  IN NO EVENT SHALL WHATIFYOUWEREME.COM 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 WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE WEBSITE OR THE SERVICE, COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS WEBISTE OR SERVICE, OR PERSONS YOU MEET THROUGH THIS WEBSITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE WEBSITE OR THE SERVICE.  YOU UNDERSTAND THAT WHATIFYOUWEREME.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE ADVICE, INQUIRIES, POSTINGS, OR COMMENTS YOU GIVE OR RECEIVE.  YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) ON THE WEBSITE OR TO OTHER MEMBERS.
    3. WHATIFYOUWEREME.COM IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE WEBSITE OR THE SERVICE, WHETHER CAUSED BY USERS OF THE WEBSITE, MEMBERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE OR THE SERVICE. WHATIFYOUWEREME.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR MEMBER OF THE WEBSITE OR THE SERVICE. WHATIFYOUWEREME.COM 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, USER OR MEMBER COMMUNICATIONS. WHATIFYOUWEREME.COM 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 EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE WEBSITE OR THE SERVICE. UNDER NO CIRCUMSTANCES WILL WHATIFYOUWEREME.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE OR SERVICE, WHETHER ONLINE OR OFFLINE. THE WEBSITE OR THE SERVICE ARE PROVIDED “AS-IS” AND WHATIFYOUWEREME.COM EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WHATIFYOUWEREME.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR THE SERVICE.
    4. IN ADDITION TO THE PRECEDING PARAGRAPH AND OTHER PROVISIONS OF THIS AGREEMENT, ANY ADVICE THAT MAY BE POSTED ON THE WEBSITE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. WHATIFYOUWEREME.COM MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, ACTION BY, OR EFFECT ON ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR THE SERVICE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION ARISES IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST.
    5. WE TRY TO KEEP WHATIFYOUWEREME.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING WHATIFYOUWEREME.COM AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT WHATIFYOUWEREME.COM WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT WHATIFYOUWEREME.COM WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WHATIFYOUWEREME.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE WHATIFYOUWEREME.COM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
  2. Content on WhatIfYouWereMe.com.
    1. Proprietary Rights.

WhatIfYouWereMe.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of WhatIfYouWereMe.com, 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.

  1. RELIANCE ON CONTENT, ADVICE, ETC.

OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE WEBITE OR THE SERVICE, BUT NOT DIRECTLY BY WHATIFYOUWEREME.COM, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. WHATIFYOUWEREME.COM DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE OR THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WHATIFYOUWEREME.COM BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO OR BY ANY MEMBERS.

3.   About Advertisements and Other Commercial Content Served or Enhanced by WhatIfYouWereMe.com

WhatIfYouWereMe.com’s goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:

We do not give your content or information to advertisers without your consent.

      You understand that we may not always identify paid services and communications as such.
 

  1. Content Posted by You on WhatIfYouWereMe.com.
    1. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Website or the Service, or transmit to other Members. You will not post on the Website or the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to WhatIfYouWereMe.com or to any other Member. If information provided to WhatIfYouWereMe.com, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify WhatIfYouWereMe.com and/or the Member that such information is inaccurate, misleading or false, and will correct the information as soon as practicable.
    2. You understand and agree that WhatIfYouWereMe.com may review and delete any and all content, messages, double-blind emails, photos or profiles (collectively, “Content”), in each case in whole or in part, that in the sole judgment of WhatIfYouWereMe.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
    3. By posting Content to any public area of WhatIfYouWereMe.com, you automatically grant, and you represent and warrant that you have the right to grant, to WhatIfYouWereMe.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by WhatIfYouWereMe.com will not infringe or violate the rights of any third party.
    4. The following is a partial list, that is, some, but not all, of the kind of Content that is illegal or prohibited on the Website. WhatIfYouWereMe.com 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 Website or the Service and terminating the membership of such violators without refund. It includes, but is not limited to, Content that:

§  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;

§  harasses or advocates harassment of another person;

§  involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;

§  promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

§  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 images, audio or video, or links to pirated images, audio or video files;

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

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

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

§  solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or

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

                       Your use of the Website or the Service, including but not limited to the Content you post on the Website or the Service, must be in accordance with any and all applicable laws and regulations.

                       You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

                       You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Website or the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although WhatIfYouWereMe.com 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 Website or 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.

                       All information you include in your Member profile must be accurate, current and complete.

10. Prohibited Activities.

WhatIfYouWereMe.com reserves the right to investigate and terminate your membership if you have misused the Website or the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website or the Service:

o    You will not impersonate any person or entity.

o    You will not provide any false personal information on WhatIfYouWereMe.com, or create an account for anyone other than yourself without permission.

o    You will not create more than one personal account.

o    If we disable your account, you will not create another one without our permission.

o    You will not use WhatIfYouWereMe.com if you are under eighteen (18).

o    You will not use WhatIfYouWereMe.com if you are a convicted sex offender.

o    You will not “stalk” or otherwise harass any person.

o    You will not express or imply that any statements you make are endorsed by WhatIfYouWereMe.com without our specific prior written consent.

o    You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or the Service or its contents.

o    You will 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.

o    You will not remove any copyright, trademark or other proprietary rights notices contained in the Website or the Service.

o    You will not interfere with or disrupt the Website or the Services or the site or the servers or networks connected to the Website or the Services or the site.

o    You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

o    You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website or the Service.

o    You will not “frame” or “mirror” any part of the Website or the Service or the Website, without WhatIfYouWereMe.com's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to WhatIfYouWereMe.com or the Website or the Service or the site in order to direct any person to any other web site for any purpose.

o    You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Service or the Website or any software used on or for the Website or the Service or cause others to do so.

o    You will not post unauthorized commercial communications (such as spam) on WhatIfYouWereMe.com.

o    You will not collect users' content or information, or otherwise access WhatIfYouWereMe.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

o    You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on WhatIfYouWereMe.com.

o    You will not upload viruses or other malicious code.

o    You will not solicit login information or access an account belonging to someone else.

o    You will not bully, intimidate, or harass any user.

o    You will not post content that is: hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

o    You will not use WhatIfYouWereMe.com to do anything unlawful, misleading, malicious, or discriminatory.

o    You will not do anything that could disable, overburden, or impair the proper working or appearance of WhatIfYouWereMe.com, such as a denial of service attack or interference with page rendering or other WhatIfYouWereMe.com functionality.

o    You will keep your contact information accurate and up-to-date.

o    You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

o    You will not transfer your account to anyone without first getting our written permission.

o    If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe such action is appropriate.

o    You will not use our copyrights or trademarks, or any confusingly similar marks without our prior written permission.

You will not facilitate or encourage any violations of this Statement or our policies.

11. Customer Service.

WhatIfYouWereMe.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership.

12. Modifications to Service.

WhatIfYouWereMe.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that WhatIfYouWereMe.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Service.

13. Blocking of IP Addresses.

In order to protect the integrity of the Website or the Service, WhatIfYouWereMe.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

14. 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. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website or the Service in a way that constitutes copyright infringement, please provide WhatIfYouWereMe.com 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.

15.Member Disputes.

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

16. Privacy and Communications.

Use of the Website and/or the Website or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website or the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the WhatIfYouWereMe.com Privacy Policy{INSERT LINK} for more information regarding these communications.

17. Links.

The Website or the Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WhatIfYouWereMe.com has no control over such sites and resources, you acknowledge and agree that WhatIfYouWereMe.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that WhatIfYouWereMe.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

18. RELEASE FROM AND LIMITATION ON LIABILITY.

1.         YOU RELEASE, TO THE FULLEST EXTENT PERMITTED BY LAW, WHATIFYOUWEREME.COM FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICE.

2.         EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL WHATIFYOUWEREME.COM BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF WHATIFYOUWEREME.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.         IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

4.         NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATIFYOUWEREME.COM'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM OR CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT PAID, IF ANY, BY YOU TO WHATIFYOUWEREME.COM FOR THE WEBSITE OR THE SERVICE DURING YOUR TERM OF MEMBERSHIP.

5.         APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, WHATIFYOUWEREME.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
 

19. U.S. Export Controls.

Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

20. Arbitration and Governing Law.

  1. Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Website or the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against WhatIfYouWereMe.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against WhatIfYouWereMe.com any class action, class arbitration, or other representative action or proceeding.
  2. Notice of Rights.By using the Website or the Service 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 WhatIfYouWereMe.com (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. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
  3. Court Proceedings.Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against WhatIfYouWereMe.com (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, NY. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  4. Governing Law.This Agreement, and any dispute between you and WhatIfYouWereMe.com, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
  5. If anyone brings a claim against WhatIfYouWereMe.com related to your actions, content or information on WhatIfYouWereMe.com, you will indemnify and hold WhatIfYouWereMe.com harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although WhatIfYouWereMe.com provide rules for user conduct, WhatIfYouWereMe.com does not control or direct users' actions on WhatIfYouWereMe.com and WhatIfYouWereMe.com is not responsible for the content or information users transmit or share on the Website or the Service. WhatIfYouWereMe.com is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on WhatIfYouWereMe.com. WhatIfYouWereMe.com is not responsible for the conduct, whether online or offline, or any user of WhatIfYouWereMe.com.

21. Indemnity by You.

You agree to indemnify and hold WhatIfYouWereMe.com harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website or 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.

22. No Third Party Beneficiaries.

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

23. Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for WhatIfYouWereMe.com, WhatIfYouWereMe.com can stop providing all or part of WhatIfYouWereMe.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

24. Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with WhatIfYouWereMe.com outside the United States:

1.  You consent to having your personal data transferred to and processed in the United States.

2.  If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on WhatIfYouWereMe.com (such as advertising or payments).

25. Other and Amendments.

1.      This Agreement contains the entire agreement between you and WhatIfYouWereMe.com regarding the use of the Website or the Service, and supersedes any prior agreements.

2.      If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

3.      This Agreement is subject to change by WhatIfYouWereMe.com at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the WhatIfYouWereMe.com website and your use of the Website or the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Website or the Service after your termination will constitute acceptance by you of the Agreement.

4.      If WhatIfYouWereMe.com fails to enforce any of this Statement, it will not be considered a waiver.

5.      Any amendment to or waiver of this Agreement must be made in writing and signed by WhatIfYouWereMe.com.

6.      You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.

7.      All of WhatIfYouWereMe.com’s rights and obligations under this Agreement are freely assignable by WhatIfYouWereMe.com in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

8.      Nothing in this Agreement shall prevent WhatIfYouWereMe.com from complying with the law.

9.      This Agreement does not confer any third party beneficiary rights.

10.  WhatIfYouWereMe.com reserves all rights not expressly granted to you.

11.  You will comply with all applicable laws when using or accessing WhatIfYouWereMe.com.

Please Contact Uswith any questions regarding this agreement. WhatIfYouWereMe.com is a trademark of Alohas, Inc.

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