Terms and Conditions
THIS TERMS AND CONDITIONS AGREEMENT (“Agreement”), is a legal agreement made between you, any website visitor (the “user”) and paid client (the “client”) and COMPANY (“COMPANY”), a company duly incorporated pursuant to the laws of the State of Arizona, services to assist its clients in online dating. COMPANY is the exclusive owner and operator of www.companywebsite.com. This agreement sets forth the terms and conditions that apply to the user’s use of the Company’s website (the “website”) and all services (“services”) offered by Company.
If you do not agree to be bound by this agreement, do not use the website or the services
If you do not agree with the terms and conditions as stated herein, then you must leave the website immediately and not continue viewing any of our web pages. By you reading this and viewing our website, you agree to these terms and conditions.
Company reserves the right at any time, and without notice, to amend or modify the terms and conditions of this agreement. All modifications shall be in effect immediately once made to the website. The user’s continued use of the website and/or services, after the posting of amendments to this agreement, will be deemed to constitute his/her acceptance of such amendments, modifications, additions or deletions. The user hereby agrees to review this agreement periodically to be aware of any such amendments or modifications.
The user must be 18 years of age or older (or the age of majority in the user’s jurisdiction) to use this website or its services. By visiting or using the website or services, the user represents and warrants to Company that the user is at least 18 years old, and that the user has the right, authority and capacity to agree to and be bound by the terms and conditions of this agreement.
All clients will be required to provide us with personal information. This information provided must be accurate and true. As the client’s information changes from time to time, he/she will be responsible for updating us with the most up-to-date information. If the client should enter any information that is not true and company discovers that the information he/she entered is fraudulent, the company has the right to cancel that client’s order and suspend the account without further reason or justification.
All clients and users are subject to all local, state, national, and international laws when accessing this website. All clients or users agree that Company cannot and will not be held liable if laws that apply to him or her restrict him or her from using the website. Company makes no representations or warranties, implicit or explicit, as to the client’s or user’s legal right to participate in any service or product offered on this website nor shall any person affiliated, or claiming affiliation, with this website have the authority to make any such representations or warranties.
By the user requesting to use or registering to use the website and or services, the user represents and warrants to Company that the user has never been convicted of a felony or an indictable offense and is not required to register as a sex offender with any government authority.
Company does not automatically conduct criminal background checks on its clients or its clients’ potential matches, unless specifically requested to do so by the client in writing. Company reserves the right to conduct criminal background checks, at any time, depending upon the availability of public records in the appropriate jurisdiction, to confirm compliance with the terms and conditions contained herein.
The client represents and warrants to Company that the client has obtained full right, title, interest and permission in and to pictures submitted or provided to Company and allow for Company distribution of the pictures to any third party.
The user or client agrees that he/she will not, in connection with the services offered by Company, breach any applicable law, regulation or code of conduct. Client also agrees not to publish or send any information or communications to Company , or through a third party dating website, which are false or misleading (and client agrees to update Company to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing. Client agrees that he/she will not use, sell or distribute Company proprietary information in any way.
User or client agrees that he/she will not provide email addresses to Company of other persons or publish or send any information referring to other persons without having obtained their prior consent. User or client agrees that he/she will not do anything that could have the effect of disrupting services including breaching the site using worms, viruses, software bombs or mass mailings.
Client agrees that he/she will not attempt to gain unauthorized access to any part of the services or equipment used to provide the services. Client agrees that he/she will not use the services other than for the purposes set out in these Terms & Conditions and that any breach of the aforementioned constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement that may occur).
Client agrees to comply with any guidelines or requirements on the website, as well as any reasonable request or instructions by us in connection with the services. Client must notify us in writing immediately if he/she becomes aware of any inappropriate behavior in connection with the services we offer via the website.
It is the user and client’s responsibility to decide which information to publish. Company cannot be held liable for any misuse thereof by any other party. Company is not liable for user or client information or other activities of user or client that may breach the rights of third parties. Company reserves the right not to accept or to suspend or remove from our services all or part of any profile, or any other client information for any reason.
Functioning of Site and Services
Company reserves the right to suspend services at any time without notice for repair, maintenance, improvement or other technical reason. Company reserves the right to change the services provided; such changes do not have a material adverse effect on the quality of the services.
Service Rules and Obligations for Clients
Client agrees that he/she will comply with the following rules when purchasing services from Company. Failure to respect these rules will result in a breach of contract, and will cancel all of Company obligations and liabilities:
Once a time has been scheduled and confirmed for the initial 90-minute call with the client’s matchmaker, if the client must reschedule, he/she must do so with a minimum notice of 12 hours. When less than 12 hours’ advance notice is given by the client, $25 worth of service will be deducted from his or her package. If the client does not participate in the scheduled call with zero notice whatsoever, $50 of service will be deducted from the package.
Client will not amend his/her profile (including photos), without notifying Company. Client will notify Company in advance if he/she decides to contact anyone on his/her own on any of the third party dating websites selected by Company. Client will not, under any circumstances, directly contact one of the selected candidates without prior approval from Company .
Client’s schedule needs to allow for a reasonable and sufficient amount of time to be present at a date, depending upon how many dates he/she has per month, in accordance with the service chosen. Client needs to inform Company at least 48 hours before a set date if he/she wishes to cancel or reschedule it. Client needs to give his/her approval to Company on the initial candidate selection, and all subsequent selections within 24 hours; otherwise, Company will assume that he/she is satisfied with all of the candidates and will proceed.
While Company can estimate average results for each dating package, results for client are not guaranteed. Company is not obligated to offer partial or full refunds to the client for not achieving certain results or for any other reason.
To the extent permitted by applicable law, client agrees not to ask its credit card company or bank to charge back payments made to Company . A charge back is a material breach of the terms and conditions. If the client initiates a charge back in violation of this agreement, client agrees that Company may dispute or appeal the charge back, institute collection action against the client, and even take public legal action against the client.
In the case of a charge back or any other non-payment scenario, Company may suspend or close client’s account and revoke client’s rights to the material used in his/her dating account, including but not limited to his dating profile. The dating profile becomes the property of Company to use at its discretion for any purpose, including on its blog. Furthermore, without limiting other available remedies, Client must pay Company upon demand for amounts owed, plus interest, on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Client agrees that Company has the right to refuse service to any prospective or active client for any reason, even if an initial payment has been made. The client will be refunded fully for all unused hours purchased if that is the case. The reasons Company may refuse service include but are not limited to unreasonable or unethical client expectations, doubt regarding the client’s identity or criminal background, and failure to adhere to any of the rules set in this or any other signed agreement. Company also reserves the right to conduct a background check on any prospective or active client.
All of the content on the website is protected by copyright, database rights, trademarks and other intellectual property rights. User has no right to use or license any of these intellectual property rights. User cannot modify, reproduce, republish, copy, post, upload, transmit, or distribute in any manner the information and or materials found on the website. User is permitted to print and download certain portions of the information given on the website for his/her own use provided that he/she agrees not to change, alter, or delete any copyright or proprietary notices from the materials and data. Names, graphics, logos, icons, designs, words, titles or phrases found on the website may constitute trade names, trademarks or service marks of Company or of other affiliated entities. The display of trademarks on the website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action. In addition some product names, logos, brands, and other trademarks featured or referred to on the website are the property of their respective trademark holders. These trademark holders are not affiliated with this website. They do not sponsor or endorse our materials.
Safety and Security
Company does not provide internet access or an electronic communication service to the public.
When arranging to meet another person through use of services, the client must take appropriate precautions. Any such meetings are at the client’s own risk and are not Company responsibility.
The client must notify Company immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure or use of a username or password.
Third Party Rights
This section of the terms and conditions constitutes as an agreement on behalf of Company and its officers, directors, employees, agents, licensees, suppliers, and any third party information providers to Company. These individuals or entities shall have the full right to assert and enforce those provisions directly against you on their own behalf.
All website users agree to fully indemnify, defend and hold harmless Company , its officers, directors, employees, agents, licensees, suppliers, affiliates, and any third party information providers to Company from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement, including but not limited to negligent or wrongful conduct by you or any other person accessing the website.
The client or user’s agreement to follow the terms and conditions will remain in effect for as long as he/she uses the website, unless specifically terminated earlier by Company. Company reserves the right to terminate the client’s account at any time, at its discretion and with immediate effect.
Applicable Governing Laws
This agreement shall be governed and construed in accordance with the laws of the State of Arizona without giving effect to its conflict of law provisions. By registering for an account on the website, user or client agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. User or client further agree that any legal action or legal proceeding between Company and him/her for any purpose concerning this agreement or the parties’ obligations shall be brought exclusively in a court of competent jurisdiction in the State of Arizona. All users and clients agree that any cause of action arising out of or relating to this agreement or his/her use of the website will be commenced by him/her within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently disregarded. If any portion of this agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of the agreement. Company failure to exercise any right or provision of the agreement shall not constitute a waiver of such right or provision.
Entire Agreement (Term and Conditions)