Terms & Conditions

Your access to and use of NiteConnect (the "Website/Service”) is governed by these Terms of Use and any notices and consent provided or obtained in connection with the Website/Service (collectively, the "Agreement"). As used in this Agreement "NiteConnect," "We," "Us," or "Our" refers to NiteConnect. "You" or "Your" refers to you, the user of this Website/Service. For help at anytime text HELP. You can opt out at any time by sending STOP, END or QUIT. For additional help please feel free to call 888-730-0707 or email [email protected]

1. Description of Service.

NiteConnect is a social networking platform in which you create an account, record a personal greeting and exchange messages with other users of the system. NiteConnect Alerts provides you with the option to receive text message alerts whenever another user leaves you a new message..

2. Access To Service, Registration, and Use.

1. Your right to access and use the Service is strictly limited to your personal, non-commercial use on a mobile communications device designated at the time of your registration with NiteConnect, and this right is not transferable by you to any other person or entity. You are only entitled to access and use the Website and the Services for lawful purposes and pursuant to the terms and conditions of this Agreement.

2. If you opt to register for the Service on our Website or through our IVR system, you agree to: (i) complete the registration form truthfully, accurately and completely (collectively "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If NiteConnect has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, NiteConnect has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and our Services and, furthermore, that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about your account or the Service. You further agree that we, either directly or indirectly via third-party service providers, are authorized to verify such Registration Data.

3. If you opt to register for the Service on our Website or through our IVR system, you (i) may be required to establish an account and obtain a username and password; (ii) authorize us to process any and all account transactions initiated through the use of your username and password; (ii) will be solely responsible for maintaining the confidentiality of your username and password; (iii) will immediately notify us of any unauthorized use of your username and password; (iv) acknowledge and agree that you are solely responsible for any ad all unauthorized activities, charges and/or liabilities made through the use of your username and password; (iv) acknowledge and agree that NiteConnect will not be liable under any circumstances and for any reasons for the unauthorized use or misuse of your username and/or password. NiteConnect may need and reserves the right to change usernames allocated to certain of its Services, in which event, you will be promptly informed in writing of such change.

4. Under certain circumstances, NiteConnect may provide you with access to some Services without you requiring you to register as a user (e.g., sign-up via SMS), in which case, your identification will be based on your mobile telephone number and any other reasonable means of identification that we deem appropriate.

5. You are responsible for having and maintaining a subscription with a participating carrier or to otherwise have access to a mobile communications network for which NiteConnect makes the Service available and are responsible for the payment of any and all service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with NiteConnect's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and NiteConnect shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

3. Privacy

Please review our Privacy Policy located at http://www.niteconnect.com/privacy.html

4. Termination.

1. To cancel the Service, please (i) send a text message with the text STOP or such other number as may be designated on our Website or (ii) send an e-mail to [email protected]. Such cancellation shall become effective at the end of the service period in which you gave your notice of termination to NiteConnect.

2. Termination of this Agreement. You may terminate this Agreement at any time upon providing written notice thereof to NiteConnect, which termination shall be effective at the conclusion of the then-current Service Period. Except as provided in Section 4, NiteConnect may terminate this Agreement at any time upon providing you with written notice, which termination shall be effective at the conclusion of the then-current Service Period, unless otherwise provided in such notice. NiteConnect may terminate this Agreement immediately, without notice, if you fail to comply with any term or condition of this Agreement, in the event of which breach, termination is effective immediately. Upon termination under this Subsection, NiteConnect may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NiteConnect shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account for any reason, NiteConnect will not refund any of your fees paid to date, except as expressly provided in this Agreement.

3.No refund will be made in the event of termination of Purchaser's membership due to a violation of the Terms and Conditions of Service as outlined in there in.

4.All disputes resulting from the purchase of membership or any other purchase made within the NiteConnect shall be brought to a binding arbitration in accordance with the rules of the Better Business Bureau and all such arbitration shall take place in Las Vegas, Nevada.

5.By submitting a membership purchase, purchaser hereby acknowledges, that this is a one-time only time transaction and NiteConnect will not renew the Purchaser's membership automatically, every month, at the guaranteed renewal rate that applies to the purchase option chosen by Purchaser, until such time as Purchaser instructs NiteConnect to renew.

5. Interruptions or Discontinuation of Service.

NiteConnect reserves the right at any time and from time to time to modify, suspend, discontinue or permanently cancel the Service, or portions thereof, with or without notice to you. If the Service, or any part thereof, is permanently discontinued or canceled by NiteConnect, NiteConnect will cancel your Service and reimburse any pre-paid fees related to such Service, except for termination in the event of your breach in accordance with Section 4.

6. Third-Party Products and Services.

NiteConnect may offer, make available or provide access to products and/or services of independent third parties either directly or via links to websites operated by such third parties. If you are interested in purchasing any such products and/or services, such products and/or services shall be purchased and/or obtained by you directly from such third parties. You acknowledge and agree that NITECONNECT IS NOT AND SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS AND/OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS AND/OR SERVICES OF THIRD PARTIES. You have the right to opt-out of such third-party product and/or service announcements.

7. Your Account Information.

You acknowledge that NiteConnect may collect and process certain personal information (e.g., your full name, physical and/or postal address, telephone number(s) e-mail address, and/or any other contact information), financial information (e.g., credit card numbers, bank account information and/or passwords), or demographic and usage information for the proper functioning and billing of the Service in connection with the Service. By entering into this Agreement, you grant to NiteConnect the permission to pass on any such information, as described in this Section, to your cell phone service provider to secure collection of fees, and permit such information to be stored and processed in any country in which NiteConnect or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of the United States of America. Any such personal, financial, and demographic and usage information collected by NiteConnect shall be deleted no later than six (6) months after termination of your Service, unless otherwise permitted or required by contract or under federal, state, or local law.

8. Fees and Payments.

In order to use the Service, Users and Members may purchase pre-paid membership packages of minutes or charge their minutes on their telephone bills. Time is deducted or charged on a per-minute basis. Membership packages will be charged a 10 minute maintenance fee for each 30 day period that the membership was not used, calculated from the date of last use. Memberships (other than free memberships or trials) will be deactivated after 90 days of non-usage, but may be re-activated by the Member upon contacting customer services. Any minutes charged for maintenance fee during the period of non-usage will not be refunded. If your usage of the Service is terminated because of your breach of this Agreement or because of your voluntary deactivation or termination of your membership, any unused minutes will automatically and immediately be forfeited. Minutes and membership packages cannot be transferred from one Member to another Member. All free memberships or trials may be deactivated or terminated by the Company at any time.

You agree to pay or have paid all fees and charges incurred in connection with your use of the Service or your purchase of pre-paid membership packages (including any applicable taxes in connection with the purchase of the minutes or pre-paid membership packages) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The Company may change its pricing policy at any time, including its fees and charges in effect for using the Service, or add new fees or charges, by posting its new pricing policy on the Website from time to time.

Members and Users may use various payment methods to purchase minutes or membership packages, which are posted on the Website. The Company reserves the right to change the manner or method in which the Company charges Members for minutes or membership packages, and the method of payment which is acceptable to the Company, at the Company's sole discretion. The terms of your payment will be based on your payment method and may be determined by agreement between you and the financial institution, credit card issuer or other provider of your chosen payment method ("Payment Method Provider"). If the Company does not receive payment from your Payment Method Provider, you agree to pay immediately all amounts due to the Company from your use of the Service.

9. Indemnification.

You agree to release, indemnify, defend and hold harmless NiteConnect, its parent US Voice Dating LLC, subsidiaries, affiliates, officers, directors, shareholders, employees, (sub)contractors, agents, representatives, attorneys, licensors and assigns from any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with your use of the Service and the breach by you of any terms and conditions set forth in this Agreement.

10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES.

1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS SOLEY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SERVICE. YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT NITECONNECT SHALL HAVE NO LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NITECONNECT MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT NITECONNECT'S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON'S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, NITECONNECT, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND AND NATURE EVEN IF NITECONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.

11. Intellectual Property Rights.

Except as otherwise set forth in this Agreement, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (collectively “Intellectual Property Rights") are owned by NiteConnect, its affiliates, and/or its licensors. You agree to make no claim of ownership of or interest in any such Intellectual Property Rights and acknowledge and agree that no title to the Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

12. Miscellaneous Provisions.

1. Notices And Announcements.

Except as expressly provided otherwise herein, all notices to NiteConnect shall be in writing and delivered via nationally-recognized overnight courier or certified mail, return receipt requested to:

NiteConnect shall serve notices to you related to this Agreement by (A) posting them on the Website; (B) sending them to the postal address or e-mail address that you had provided to NiteConnect at the time of your registration or, if a new address has been sent to NiteConnect in accordance with Subsection (i) immediately above, then to such updated address; (C) text message to the mobile telephone number associated with your account.

Notices sent by mail shall be deemed received seven (7) days after they were sent. Notices sent via nationally-recognized overnight carrier or posted on the Website or sent by e-mail or as a text message shall be deemed received on the business day following the day when they were posted or sent.

2. Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision shall not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.

3. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or verbal, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

4. Assignment And Resale. NiteConnect may assign its rights and delegate its duties under this Agreement without the consent and without notice to you. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.

5. Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Nevada, United States of America, excluding its conflict of laws rules. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

6. Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of NiteConnect. The remedies of NiteConnect under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

7. Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

8. Survival. In the event this Agreement expires, is cancelled or terminates in accordance with the provisions herein, Sections 9, 10, 11 and 12 of this Agreement shall survive such expiration, cancellation or termination.

Use of this Service indicates you accept these Terms of Use.