TERMS AND CONDITIONS
1. Agreement to Terms
Being & Time, LLC ("Company", "we" or "us") makes available to you programs and services ("Services")
through heymoffas.com and associated software applications, including mobile apps and browser extension
(collectively, "Company Properties") under the following Terms and Conditions.
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or
on behalf of an entity ("You"), and the Company, concerning your access to and use of the
You agree that by accessing the Services and/or any of the Company Properties, whether as an account holder
("Member"), you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using all
the Company Properties and you must discontinue use immediately. We recommend that you print a
copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition
or documents that may be posted on the Company Properties from time to time, are expressly incorporated by
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and
Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon
as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of
updates. Your continued use of the Company Properties represents that you have accepted such changes.
1.4 We may update or change the Company Properties from time to time to reflect changes to our products, our
users' needs and/or our business priorities.
1.5 Our Services and programs are directed to people residing in North America. The information provided on
the Company Properties is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
1.6 The Services are intended for users who are at least 19 years old. If you are under the age of 18, you
are not permitted to register for the Company Properties or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Company Properties include:
- Our Privacy Notice https://heymoffas.com/page/privacy , which sets out the terms on which we process any
personal data we collect from you, or that you provide to us. By using the Company Properties, you
consent to such processing and you warrant that all data provided by you is accurate .
2. Acceptable Use
2.1 You may not access or use the Company Properties for any purpose other than that for which we make our
services available. The Company Properties may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
2.2 As a user of the Company Properties, you agree not to:
- Misrepresent experience, skills, or information about a User
- Systematically retrieve data or other content from the Company Properties to a compile database or
directory without written permission from us
- Make any unauthorized use of the Company Properties, including collecting usernames and/or email
addresses of users to send unsolicited email or creating user accounts under false pretenses
- Circumvent, disable, or otherwise interfere with security-related features of the Company Properties,
including features that prevent or restrict the use or copying of any content or enforce limitations on
- Engage in unauthorized framing of or linking to the Company Properties
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Company Properties or the networks and
services connected to the Company Properties
- Attempt to impersonate another user or person, or use the username of another user
- Sell or otherwise transfer your profile
- Use any information obtained from the Company Properties in order to harass, abuse, or harm another
- Use the Company Properties or our content as part of any effort to compete with us or to create a
revenue-generating endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Company Properties
- Attempt to access any portions of the Company Properties that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Copy or adapt the Company Properties’s software, including but not limited to Flash, PHP, HTML,
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that
interferes with any party’s uninterrupted use and enjoyment of the Company Properties, or any material
that acts as a passive or active information collection or transmission mechanism
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or
messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Company Properties
- Use the Company Properties in a manner inconsistent with any applicable laws or regulations
- Threaten users with negative feedback or offering services solely to give positive feedback to users
- Falsely imply a relationship with us or another company with whom you do not have a relationship
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF COMPANY PROPERTIES MAY
BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS WILL RESULT IN A PERMANENT BAN FROM USING ALL OF OUR COMPANY
PROPERTIES. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION!
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate,
current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such
information and promptly update such information as necessary; (c) you will keep your password confidential
and will be responsible for all use of your password and account; (d) you have the legal capacity and you
agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which
you reside, or if a minor, you have received parental permission to use the Company Properties.
If you know or suspect that anyone other than you knows your user information (such as an identification code
or user name) and/or password you must promptly notify us at [email protected] .
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or
terminate your account. We may remove or change a user name you select if we determine that such user name
3.3 As part of the functionality of the Company Properties, you may link your account with online accounts
you may have with third party service providers (each such account, a Third Party Account)
by either: (a) providing your Third Party Account login information through the Company Properties; or (b)
allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions
that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant
us access to your Third Party Account without breach by you of any of the terms and conditions that govern
your use of the applicable Third Party Account and without obligating us to pay any fees or making us
subject to any usage limitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available
and store (if applicable) any content that you have provided to and stored in your Third Party Account (the
"Social Network Content") so that it is available on and through the Company Properties via
your account, including without limitation any friend lists; and (b) we may submit and receive additional
information to your Third Party Account to the extent you are notified when you link your account with the
Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in
such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts
may be available on and through your account on the Company Properties. Please note that if a Third Party
Account or associated service becomes unavailable or our access to such Third Party Account is terminated by
the third party service provider, then Social Network Content may no longer be available on and through the
You will have the ability to disable the connection between your account on the Company Properties and your
Third Party Accounts at any time. Please note that your relationship with the third party service
providers associated with your third party accounts is governed solely by your agreement(s) with such
third party service providers. We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not
responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third Party Account
and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying
and informing you of those contacts who have also registered to use the Company Properties. At your email
request to [email protected] or through your account settings (if applicable), we will deactivate the
connection between the Company Properties and your Third Party Account and attempt to delete any information
stored on our servers that was obtained through such Third Party Account, except the username and profile
picture that became associated with your account.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Company Properties or send feedback to us
(User Content). You understand and agree that your User Content may be viewed by other
users on the Company Properties, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity
without payment to you, and combine your User Content with other content for use within the Company
Properties and otherwise. We do not have to attribute your User Content to you.
4.3 In posting User Content, including reviews or making contact with other users of the Company Properties
you shall comply with our Acceptable Use Policy .
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to
us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or
damage we suffer as a result of your breach of this warranty.
4.5 We have the right to remove any User Content you put on the Company Properties if, in our opinion, such
User Content does not comply with the Acceptable Use Policy.
4.6 We are not responsible and accept no liability for any User Content including any such content that
contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen,
edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content
without notice and at any time. User Content has not been verified or approved by us and the views expressed
by other users on the Company Properties do not represent our views or values.
4.7 If you wish to complain about User Content uploaded by other users please contact us at
5. Our content
5.1 Unless otherwise indicated, the Company Properties and Services including source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the Company
Properties (Our Content) are owned or licensed to us, and are protected by copyright and
trade mark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Company Properties, Services
or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Company Properties, you are granted a limited license to access
and use the Company Properties and Our Content and to download or print a copy of any portion of the Content
to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorized access to the Company Properties or any networks, servers or
computer systems connected to the Company Properties; and/or (b) make for any purpose including error
correction, any modifications, adaptions, additions or enhancements to the Company Properties or Our
Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Company Properties and Our Content with reasonable skill and care; and (b) use
industry standard virus detection software to try to block the uploading of content to the Company
Properties that contains viruses.
5.6 The content on the Company Properties is provided for general information only. It is not intended to
amount to advice on which you should rely. You must obtain professional or specialist advice before taking,
or refraining from taking, any action on the basis of the content on the Company Properties.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations,
warranties or guarantees, whether express or implied, that Our Content on the Company Properties is
accurate, complete or up to date.
6. Links to Other Websites
Company Properties may contain links to third party websites or services that we do not own or control. These
links may originate from us or other users. We are not responsible for the content, polities, or practices
of any third party website or service linked to on any of our Company Properties. It is your responsibility
to read the terms and conditions and privacy policies of these third party websites before using these
7. Company Properties Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Company Properties for breaches of these
Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these
Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent
technologically feasible) any of your Contributions; (4) remove from the Company Properties or otherwise
disable all files and content that are excessive in size or are in any way a burden to our systems; and (5)
otherwise manage the Company Properties in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Company Properties and Services.
7.2 We do not guarantee that the Company Properties will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access
the Company Properties and you should use your own virus protection software.
8. Modifications to and availability of the Company Properties
8.1 We reserve the right to change, modify, or remove the contents of the Company Properties at any time or
for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all
or part of the Services without notice at any time.
8.2 We cannot guarantee the Company Properties and Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the Company Properties,
resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Company Properties or Services during
any downtime or discontinuance of the Company Properties or Services. We are not obliged to maintain and
support the Company Properties or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Company Properties that contains typographical errors, inaccuracies, or
omissions that may relate to the Services, including descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update
the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The Company Properties and Services are provided on an as-is and as-available basis. You agree that your
use of the Company Properties and/or Services will be at your sole risk except as expressly set out in these
Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by
statute, custom or usage, a course of dealing, or common law) in connection with the Company Properties and
Services and your use thereof including, without limitation, the implied warranties of satisfactory quality,
fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by
We make no warranties or representations about the accuracy or completeness of the Company Properties’s
content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use
of our servers and/or any and all personal information and/or financial information stored on our server;
(3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs,
viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We
will not be responsible for any delay or failure to comply with our obligations under these Terms and
Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2 Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
- We, including our directors, officers, agents, employees, subsidiaries and affiliates, will not be
liable for any actions, claims, losses, damages, liabilities and expenses including legals fees from
your use of our Services/Company Properties.
- Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section,
our liability to you for any cause whatsoever and regardless of the form of the action, will at all
times be limited to a total aggregate amount equal to the greater of (a) the sum of $ 50 or (b) the
amount paid, if any, by you to us for the Services/Company Properties during the six (6) month period
prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach
of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Company Properties/Services; or
- use of or reliance on any content displayed on our Company Properties.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our Company Properties for domestic and private use. You agree not to
use our Company Properties for any commercial or business purposes, and we have no liability to you for
any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you
and this is caused by our failure to use reasonable care and skill, we will either repair the damage or
pay you compensation.
10. Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use the Company Properties or
Services or are otherwise a user of the Company Properties, as applicable. You may terminate your use or
participation at any time, for any reason, by following the instructions for terminating user accounts in
your account settings, if available, or by contacting us at [email protected] .
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole
discretion and without notice or liability, deny access to and use of the Company Properties and the
Services (including blocking certain IP addresses), to any person for any reason including without
limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or
of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Company Properties/Services is in breach of
these Terms and Conditions or of any applicable law or regulation, we may terminate your use or
participation in the Company Properties and the Services or delete your profile and any content or
information that you posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited
from registering and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
11.1 Visiting the Company Properties, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the Company
Properties, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other
records and to electronic delivery of notices, policies and records of transactions initiated or
completed by us or via the Company Properties. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Company Properties or
in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not
operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause
beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or
unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions
and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as
a result of these Terms and Conditions or use of the Company Properties or Services.
11.8 For consumers only* -* Please note that these Terms and Conditions, their
subject matter and their formation, are governed by the law of the State of New York in the United
11.9 For business users only* - If you are a business user, these Terms and
Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are
governed by laws of the State of New York in the United States. We both agree to the exclusive
jurisdiction of the courts of the State of New York in the United States.*
11.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts
(Rights of Third Parties) Act 11099 to enforce any term of these Terms and Conditions.
11.11 In order to resolve a complaint regarding the Services or to receive further information regarding use
of the Services, please contact us by email at [email protected] or by post to:
Being & Time, LLC
90 State Street, STE 700 Office 40
Albany, NY 12207