Legal Information

Terms & Conditions

Last revised November 14th, 2018 (added special terms for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin).

Terms & Conditions

This website (the “Website”) is operated by Booker Diversified Holdings Group, llc. (“BDHG”). The Terms of Use set forth below are binding on all users of this Website. By directing your browser to this Website or otherwise accessing the pages of this Website, you accept these Terms of Use. BDHG may change the Terms of Use, or may modify or discontinue the Website or services offered thereon, at any time at its sole discretion. BDHG reserves the right, at its sole discretion, to deny further or continuing access to the Website to any visitor, including, without limitation, any user that BDHG determines has violated any aspect of these Terms of Use. BDHG reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by BDHG.

Adult users only

This Website is not intended for children under 18 years of age. If you are under 18, you are not authorized to use this Website and will not be afforded access to any features of this Website that allow for you to provide information to us or to share information with other users of this Website.

Personal safety

BDHG STRONGLY ADVISES YOU TO USE EXTREME CAUTION BEFORE SHARING PERSONALLY IDENTIFIABLE INFORMATION WITH OTHER USERS OF THIS WEBSITE. BDHG DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OR SCREENINGS OF ITS USERS. BDHG ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS BUT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. YOU REPRESENT 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.

Your safety and security are very important to us. The nature of this Website promotes the sharing of personal information by users with other users. BDHG cannot and does not assure that it is safe for you to have direct contact with other users of this Website. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us, so that we may take appropriate action to block further use of the Website by any user who is using this Website and information obtained from it for improper purposes.

IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED THIS WEBSITE BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING THIS WEBSITE IN VIOLATION OF THESE TERMS OF USE, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER. YOU AGREE THAT BDHG IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE WEBSITE AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE.

By accessing this Website, you agree to use any personal information provided to you by other users of this Website in a lawful and responsible manner. You further agree that you will not use personal information about other users of this Website for any reason without the express prior consent of the user that has provided such information to you.

               Billing and Payment

BDHG bills you through an online account for use of the Service. You agree to pay BDHG all charges you subscribe for on the Website using this online account. BDHG may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This paragraph includes any agreements you make on the Website when you purchase the Service

Automatic Renewal

• (1) Your subscription for the Service will NEVER BE AUTOMATICALLY RENEWED, AS ALL MEMBERSHIP TIME IS PAID IN FULL WHEN YOU FIRST BECOME A PAID MEMBER.
• (2) By subscribing, you authorize BDHG to charge your credit card, debit card or other payment method at such time, including any sales or similar taxes imposed on your subscription payments.
• You are purchasing a digital product with the submission of your credit / debit card information.  As such a refund is not an option as the service has already been used with your first login and product received.  We do not charge a monthly payment for our service and so are under no obligation to issue a refund of an electronic product that has been accessed by you.  Your membership will expire permanently at the end of your time, unless renewed by you.  You retain the option to use, or not use your paid for membership, regardless if you ask us to cancel the remainder of your time.  In which case we will not cancel or delete a membership that has already been paid for.

Privacy

You should appreciate that all information submitted on the Website might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize.

Security

BDHG uses industry standard efforts, such as firewalls, to safeguard the confidentiality of your personally identifiable information. However, perfect security does not exist on the Internet; BDHG cannot and does not, guarantee that any personally identifiable information provided to us will not become public under any circumstances.

Access and proprietary rights

So long as you comply with these Terms of Use, you are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use in order to learn more about BDHG or its products and services, or to otherwise communicate with BDHG or utilize its services. Any copies made by you must retain without modification any and all copyright notices and other proprietary marks. The pages and content on this Website may not be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products. Violation of this restriction may result in infringement of intellectual property and contractual rights of BDHG or third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable BDHG to find the alleged infringing material);
• 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; and
• 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.

BDHG, BD8 Network, FLIX, 2 GK TALENT,  Fwbsonline.com, Availableamericans.com. Encountersdatingky.com and other identifying marks of BDHG are proprietary to BDHG. You may not use these marks for any purpose without the express prior written consent of BDHG. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of BDHG or any third party.

In certain instances, BDHG may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only; any attempt by you to access these areas without authorization may subject you to criminal or civil liability.

Links

This Website may contain links to other websites that are not operated or controlled by BDHG. Use of these links to access other Internet sites is at your own risk. BDHG is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites. BDHG establishes links to other websites for the convenience of its users; however, such links are not intended to be an endorsement of the other website.

Notices and disclaimers

THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT BDHG’S WRITTEN PERMISSION EXCEPT AS EXPRESSLY SET FORTH ABOVE. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

The products and services mentioned or promoted on the Website, including password-protected information relating thereto may be changed by BDHG at any time without notice. Information about products or services offered by third parties are referred to on the Website for information purposes only. BDHG’s provision of any such information is not intended to constitute an endorsement or recommendation, by BDHG, of such products or services.

USE OF THIS WEBSITE IS PROVIDED “AS IS, WHERE IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES BDHG PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY GOODS AND SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE) OR ANY LINKS TO THIS WEBSITE. BDHG EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE AND ANY GOODS OR SERVICES PURCHASED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. IN NO EVENT SHALL BDHG BE LIABLE FOR DAMAGES OF ANY KIND INCURRED BY YOU AS A RESULT OF ANY INACCURACY OR ERROR IN THE INFORMATION PROVIDED ON THE WEBSITE, ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE. BDHG SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA OR EQUIPMENT ARISING OUT OF YOUR RELIANCE ON THE INFORMATION PROVIDED ON THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY DEFICIENCY, DEFECT OR FAILURE OF ANY GOODS OR SERVICES PURCHASED OR PROVIDED VIA THIS WEBSITE OR ANY LINKS TO THIS WEBSITE, EVEN IF BDHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, DEFECT, FAILURE, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT BDHG CORRECT THE MATTER OR, IF BDHG FAILS TO DO SO, TO DISCONTINUE USE OF THE WEBSITE OR ANY RELEVANT GOODS OR SERVICES AT YOUR OPTION.

Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company 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 the Company any class action, class arbitration, or other representative action or proceeding.

1. 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 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 arbitrarily of the dispute. 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.
2. 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 the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Jefferson County, Kentucky. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
3. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Kentucky without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.

Unique and bonafide profile

You agree to create only one unique profile. In addition, in order to maintain the integrity of the Website, by joining, you agree that your use of the Website shall be for bonafide relationship-seeking purposes (for example, you may not use the Website solely to compile a report of compatible singles in your area, or to write a school research paper). From time to time, we may create test profiles in order to monitor the operation of our services.

Commercial use prohibited

The Website is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.

Conduct

In your digital interactions with other users (including, but not limited to: site messages, instant messages, journal postings, and forum comments), you agree to conduct yourself civilly and respectfully. While using the website, you agree that you shall not under any circumstances harass or make mischief against any other user of the Website. BDHG reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, BDHG may enlist the help of its active users to moderate flagged messages, comments and other content to determine if a user’s conduct is harmful to the community.

Communications

You agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Website, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.

Special State Terms

The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:

You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: BOOKER DIVERSIFIED HOLDINGS GROUP, Attn: larrybooker@bookerholdings.com, USA. Please include your FWB’S username and email address in any correspondence or your refund may be delayed. If you cancel, fwbsonline.com will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three-day period, we will refund the full amount of your subscription.

In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allowable to the period after your death. In the event that you become disabled (such that you are unable to use the services of fwbsonline.com) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allowable to the period after your disability by providing the company notice at the same address as listed above.

Exemption Statement Content Produced by Third Parties: The operators of this website are not the producers of any depictions of actual or simulated sexually explicit conduct submitted by its third party users / members. Instead, the activities of the operators of this website, with respect to such content, are limited to the transmission, storage, retrieval, hosting and/or formatting of depictions posted directly to the website by third party users, on areas of the website under the users control. Pursuant to Title 18 U.S.C. 2257(h)(2)(B) (iii) and Title 18 U.S.C. 2257(h)(2)(B) (v) and 47 U.S.C. 230(c), Member information is not similarly maintained and the operators of this website reserve the right to delete content posted by users which the operators deem to be indecent, obscene, defamatory or inconsistent with their policies and terms of service.