AGREEMENT

This site or mobile application is not open to the public and may only be accessed by those invited guests who agree to be bound by the terms of this agreement ("Agreement"). By clicking the "I AGREE" icon below you are confirming your assent to, and agreeing to be bound by, the terms of this Agreement. In return, you will receive access to certain private areas at this website or mobile application on the terms set forth below.

1. Purpose

For a fee, this website is intended to provide members with access to other members, event group pages, chatroom features, direct messaging and social events. This Agreement binds you and other visitors to a code of ethical conduct intended to achieve this purpose. The success of the site, however, depends on the adherence to the terms of this Agreement by you and all other visitors to this site or mobile application. While we will do our best to enforce the terms of this Agreement, as set forth below in Sections 9 and 10, we cannot warrant or represent that other visitors will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.

2. Agreement

By signifying your assent, you agree to be contractually bound to the terms of this Agreement. You further agree that your assent, given electronically, shall have the same legal effect as if you had personally signed it. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law that might otherwise limit its enforceability or effect because it was entered into electronically.

3. Access

By entering into this Agreement, you will be granted a revocable license to access this website and mobile application. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to this site and mobile application or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this site or mobile application, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this website or mobile application or deny you access.

4. Privileges Nontransferable

You may not transfer your access privileges to any third parties.

5. Confidential Information

a. Confidentiality

You agree to treat all communications that take place at this site or mobile application as confidential and not to disclose, copy or transmit any messages or information obtained from this site or mobile application to people who are not subject to this Agreement. You agree and understand that the purpose of this confidentiality provision is not to create a binding obligation on the part of the owners or operators of this website or mobile application to protect the confidentiality of information provided here or to act as insurers or guarantors of, or to accept liability for, the conduct of other visitors. You therefore agree and acknowledge that you will not submit any information online that is false, constitutes a trade secret, or which is otherwise so confidential that its disclosure could cause you or others any economic harm. As set forth below in sections 9 and 10, we cannot warrant, guaranty or insure that information posted at this site or mobile application, in fact, is treated in the manner required by this Agreement and we assume no liability if it is not.

b. Public Information

Our policy of encouraging confidentiality shall not apply to the extent that the parties can establish that: (1) information is in the public domain (and did not fall into the public domain as a result of your breach of this policy or any other confidentiality agreement); (2) was in your possession before you gained access to it at this site or mobile application (and you can prove this fact by admissible, written evidence); or, (3) was received from a third party (who was in lawful possession of it) without any confidentiality restrictions. Nothing in the Agreement shall prevent you from disclosing information obtained at this site or mobile application if compelled to do so by a court of law or government agency, on condition that you provide advance notice to the person who disclosed the information and allow that person a reasonable opportunity to intervene in the proceeding to protect the confidentiality of the information.

6. Intellectual Property

What If Social, LLC ("WhatIF") retains the Intellectual Property rights to any and/or all information displayed on this website or mobile application. Also, you agree not to reproduce, distribute, publicly display or prepare derivative works based on any work provided by this site or mobile application without first obtaining the express written permission of WhatIF.

7. Good Samaritan Content Policy & Complaint Procedures

a. Policy

It is the policy of the owners and operators of this website or mobile application to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted at this site. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section 7 are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of this website or mobile application to undertake, or refrain from undertaking, any particular course of conduct.

b. Complaint Procedures

If you believe that someone has posted material at this website or mobile application which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable, or which constitutes child pornography, we ask you to promptly notify us by email at the following address: admin@whatifsocial.com You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications.

In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered copyrights, trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including the defense of fair use); and, (5) if known, the identity of the person or persons who posted the infringing or offending material.

c. Indemnification/Waiver of Certain Rights

By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Illinois. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.

d. Waiver of Claims and Remedies

We expect visitors to take responsibility for their own actions, and, as set forth below in sections 10 and 11, cannot assume liability for any acts of third parties which take place at this website or mobile application. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at this website or mobile application or our response, or failure to respond, to a complaint.

e. Investigation/Right to Purge Postings

You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to this website or mobile application, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.

8. Privacy

We collect information that you provide us. Therefore, by assenting to this Agreement you are granting us permission to retain that information for WhatIF to contact you regarding events or other communications related to WhatIF. Other than what was previously stated we will not knowingly provide any third-party with any information about visitors to this site or mobile application, unless we obtain your permission or are compelled to do so by court order.

9. DISCLAIMER OF WARRANTIES

WE DO NOT OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES THAT YOU MAY OBTAIN AT THIS SITE OR MOBILE APPLICATION. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THIS WEBSITE AND MOBILE APPLICATION ARE MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE OR MOBILE APPLICATION, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. WE MAKE NO WARRANTIES REGARDING ANY AND/OR ALL INFORMATION YOU MAY HAVE RELIED ON BY VISITING THIS WEBSITE OR MOBILE APPLICATION. WE MAKE NO REPRESENTATION, WARRANTIES OR GUARANTEES THAT THIS WEBSITE OR MOBILE APPLICATION WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. IN ADDITION, WE CANNOT MAKE AND DO NOT MAKE ANY GUARANTEE AS TO THE RESULT THAT WILL BE ATTAINED.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 9 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

10. LIMITATION OF LIABILITY

YOU HEREBY WAIVE ANY AND/OR ALL CLAIMS AND DEMANDS ALLEGEDLY ARISING FROM ANY CONDUCT, ACTS OR OMISSIONS OCCURRING AT THIS WEBSITE OR MOBILE APPLICATION. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.

11. Complete Agreement/No Representations

This Agreement constitutes the entire agreement between you and us relating to your access to and use of this website and mobile application. This Agreement supersedes any prior or contemporaneous representations or agreements. This Agreement – and only this Agreement – shall govern our legal rights and obligations. We reserve any rights not otherwise expressly granted by this Agreement. This Agreement may not be modified, either expressly or by implication, except as set forth below in section 12.

As set forth in section 9, it is not our intention to make any legal representations or warranties about this website, either expressly or by implication. The terms of this Agreement are intended to supersede anything else that appears at this website or mobile application, now or in the future. So that there is no misunderstanding, by entering into this Agreement you agree that, except as provided in Section 12, nothing posted at this website, mobile application or otherwise communicated to you shall in any way modify or vary the terms of this Agreement.

12. Modifications/Termination

a. In General

Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only: (1) by obtaining our written consent in a notarized agreement signed by the President of What If Social, LLC., Niki Atherton; or, (2) as set forth below in subpart b.

b. Periodic Revisions and Amendments

You agree that we may modify the terms of this Agreement in our sole discretion. If we do so, we will notify you by posting a notice on our homepage for thirty (30) consecutive days in advance of the effective date of any modification to this Agreement. You agree that it shall be your responsibility to log on to this website or mobile application at least once every thirty (30) days, review any email you may receive from us and notify us at admin@whatifsocial.com promptly in the event you change email accounts or if you would prefer to receive notices from us at a different account from the one you are presently using. Otherwise, it is your responsibility and obligation whenever you access this site or mobile application to check the legal section of this website or mobile application to determine if there have been any changes to this Agreement. You may notify us at admin@whatifsocial.com at any time before, or within thirty (30) days after, any modification takes effect, to advise us that you do not accept the proposed modification. If we do not receive such a communication from you in the time prescribed, you will be deemed to have accepted the modification. You agree and understand that we reserve the right to unilaterally terminate your access privileges or otherwise deny you access to this site or mobile application in the event that you decline to be bound by any proposed modifications to this Agreement.

c. Term

Unless we terminate your access privileges or you decide to terminate this Agreement, it shall remain in force so long as you are authorized to access this website. You agree that in the event you decide to terminate this Agreement or if your access privileges are suspended or terminated you shall continue to be bound by all obligations set forth in this Agreement including, but not limited to, those contained in sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14, for a period of five (5) years or until the expiration of all applicable statute of limitations periods, whichever is longer. Except as otherwise provided in this section 12, you will not be bound by any modifications to this Agreement which may take effect after such time as you or we terminate our contractual relationship.

13. Indemnifications, Jurisdiction and Dispute Resolution

You agree, at your own expense, to defend us and indemnify us against any liability arising out of or relating in any way to alleged acts or omissions by you that, if true, would constitute a violation of one or more terms or provisions of this Agreement. All disputes arising out of or relating in any way to this Agreement or our ownership, operation or maintenance of this website or mobile application shall be resolved exclusively in the appropriate state or federal court where subject matter jurisdiction is otherwise proper in Kane County, Illinois. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of Illinois as applied to transactions entered into and to be performed wholly within Illinois between residents of, corporations and/or limited liability companies duly registered to conduct business in Illinois. In the event of any breach of this Agreement, you agree that, notwithstanding any other provision of law, we shall be entitled to obtain preliminary injunctive relief enforcing the terms of this Agreement.

15. Construction

If any clause, phrase, provisions or a portion of this Agreement or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this Agreement, or any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances.

16. Attorney's Fees

In the event of any litigation between you and us arising out of this Agreement, the prevailing party shall be entitled to recover attorney's fees and court costs incurred in connection therewith.

TO GAIN ACCESS TO THIS SITE, CLICK HERE TO MANIFEST YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. BY SIGNIFYING YOUR ASSENT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THE AGREEMENT.

© 2025 Whatif Social, all rights reserved