|
DatingForRichPeople.com Terms of Use Agreement
Welcome to DatingForRichPeople.com, the service for single adults to meet each
other online, operated by DatingForRichPeople.com, L.L.C. ("DatingForRichPeople.com").
By using the DatingForRichPeople.com Website, (the "Website") you agree to be
bound by these Terms of Use (this "Agreement"), whether or not you register as a
member of DatingForRichPeople.com ("Member"). If you wish to become a Member and
make use of the DatingForRichPeople.com service (the "Service"), please read
these Terms of Use. If you object to anything in this Agreement or the
DatingForRichPeople.com Privacy Policy, do not use the Website or the Service.
The Terms of Use are subject to change by DatingForRichPeople.com at any time,
effective upon posting on the DatingForRichPeople.com website, and your use of
the Service after such posting will constitute acceptance by you of such
changes.
1. Acceptance of Terms of Use Agreement.
a.
Electronic Agreement. This Agreement is an electronic contract that sets out the
legally binding terms of your use of the Website and your membership in the
Service. This Agreement may be modified by DatingForRichPeople.com from time to
time, such modifications to be effective upon posting by DatingForRichPeople.com
on the Website. This Agreement includes DatingForRichPeople.com's Acceptable Use
Policy for Content Posted on the Website, DatingForRichPeople.com's Privacy
Policy, DatingForRichPeople.com's subscription policies and any notices
regarding the Website. By accessing the Website or becoming a Member, you accept
this Agreement and agree to the terms, conditions and notices contained or
referenced herein.
b.
Electronic Form. By accessing the Website or becoming a Member, you consent to
have this Agreement provided to you in electronic form.
c.
Non-electronic Copy. You have the right to receive this Agreement in
non-electronic form. You may request a non-electronic copy of this Agreement
either before or after you electronically sign the Agreement. To receive a
non-electronic copy of this Agreement, please send an e-mail to customerservice@DatingForRichPeople.com
d.
Withdrawing Your Consent. You have the right at any time to withdraw your
consent to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement
provided to you in electronic form, we will discontinue your then-current
username and password. This means that you will not have the right to use the
Service unless, and until, we issue you a new username and password. We only
will issue you a new username and password after we receive a signed copy of a
non-electronic version of this Agreement, which we will send to you upon
request.
(ii) Notice. To withdraw your consent and/or request a non-electronic copy of
this Agreement, please send an email to customerservice@DatingForRichPeople.com
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a
reasonable time after we receive your withdrawal notice described above. Your
withdrawal of consent will not affect the legal validity or enforceability of
the Agreement provided to, and electronically signed by, you prior to the
effective date of your withdrawal.
e.
Access and Retention. In order to access and retain this electronic Agreement,
you must have access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with such
access. In addition, you must use all equipment necessary to make such
connection to the World Wide Web, including a computer and modem or other access
device. Please print a copy of this document for your records. To retain an
electronic copy of this Agreement, you may save it into any word processing
program. Via, the Website, we will notify you of any changes in the hardware or
software requirements needed to access and/or retain this Agreement that create
a material risk that you will not be able to continue to access and/or retain
this electronic Agreement.
2. Eligibility. You must be at least eighteen (18) years of age and single or
separated from your spouse to register as a member of DatingForRichPeople.com or
use the Website. Membership in the Service is void where prohibited. By using
the Website, you represent and warrant that you have the right, authority and
capacity to enter into this Agreement and to abide by all of the terms and
conditions of this Agreement.
3. Membership and Subscription; Pricing. You may become a Member of the Service
at no cost. As a Member, you will have the ability to participate in some, but
not all, of the features and services available within the Service. In order to
access additional features and services, including the ability to communicate
with other Members, you must become a paying subscriber to the Service. Please
see Subscribe for a description of the current subscription plans and their
prices. Please note that the subscription policies that are disclosed to you in
subscribing to the service are deemed part of this Agreement. Please see Billing
Details for a description of such policies. For purposes of this Agreement the
term "Member" includes subscribers, unless where its usage indicates otherwise.
From time to time, DatingForRichPeople.com may remove the profiles of
non-subscribers.
4. Term. This Agreement will remain in full force and effect while you use the
Website and/or are a Member. You may terminate your membership and/or
subscription at any time, for any reason, by following the instructions on the
Resign pages in Account Settings, or by sending DatingForRichPeople.com an email notice of termination to customerservice@DatingForRichPeople.com. If
you terminate your subscription, your subscription will remain active until the
end of your then-current subscription period (that is, the subscription period
through which you had paid prior to your termination). DatingForRichPeople.com
may terminate your membership and/or subscription by sending notice to you at
the email address you provide in your application for membership, or such other
email address as you may later provide to DatingForRichPeople.com. If
DatingForRichPeople.com terminates your membership in the Service because you
have breached this Agreement, you will not be entitled to any refund of unused
subscription fees. All decisions regarding the termination of accounts shall be
made in the sole discretion of DatingForRichPeople.com. DatingForRichPeople.com
is not required to provide you notice prior to terminating your membership
and/or subscription. DatingForRichPeople.com is not required, and may be
prohibited, from disclosing a reason for the termination of your account. Even
after your membership or subscription is terminated, this Agreement will remain
in effect. All terms that by their nature may survive termination of this
Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members. The Website is for the personal use of
individual Members only and may not be used in connection with any commercial
endeavors. Organizations, companies, and/or businesses may not become Members
and should not use the Service or the Website for any purpose. Illegal and/or
unauthorized uses of the Website, including collecting usernames and/or email
addresses of members by electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or linking to the Website may be
investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress. Use of the Website is with
the permission of DatingForRichPeople.com, which may be revoked at any time, for
any reason, in DatingForRichPeople.com's sole discretion.
6. Account Security. You are responsible for maintaining the confidentiality of
the username and password that you designate during the Registration process,
and you are fully responsible for all activities that occur under your username
and password. You agree to (a) immediately notify DatingForRichPeople.com of any
unauthorized use of your username or password or any other breach of security,
and (b) ensure that you exit from your account at the end of each session.
DatingForRichPeople.com will not be liable for any loss or damage arising from
your failure to comply with this provision. You should use particular caution
when accessing your account from a public or shared computer so that others are
not able to view or record your password or other personal information. If you
share your computer with others, you may wish to consider disabling your
auto-sign in feature if you have linked your Window's Live ID to your
DatingForRichPeople.com account.
7. Your Interactions with Other Members. You are solely responsible for your
interactions with other Members. You understand that DatingForRichPeople.com
does not in any way screen its Members, nor does DatingForRichPeople.com inquire
into the backgrounds of its Members or attempt to verify the statements of its
Members. DatingForRichPeople.com makes no representations or warranties as to
the conduct of Members or their compatibility with any current or future
Members. In no event shall DatingForRichPeople.com be liable for any damages
whatsoever, whether direct, indirect, general, special, compensatory,
consequential, and/or incidental, arising out of or relating to the conduct of
you or anyone else in connection with the use of the Service, including without
limitation, bodily injury, emotional distress, and/or any other damages
resulting from communications or meetings with other registered users of this
Service or persons you meet through this Service. You agree to take reasonable
precautions in all interactions with other Members of the Service, particularly
if you decide to meet offline or in person. In addition, you agree to review
DatingForRichPeople.com's Dating Safety Tips prior to using the Service. You
understand that DatingForRichPeople.com makes no guarantees, either express or
implied, regarding your ultimate compatibility with individuals you meet through
the Service. You should not provide your financial information (for example,
your credit card or bank account information) to other Members.
8. Content on DatingForRichPeople.com.
(a) Proprietary Rights. DatingForRichPeople.com owns and retains all proprietary
rights in the Website and the Service. The Website contains the copyrighted
material, trademarks, and other proprietary information of
DatingForRichPeople.com, and its licensors. Except for that information which is
in the public domain or for which you have been given written permission, you
may not copy, modify, publish, transmit, distribute, perform, display, or sell
any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or
other information or content made available through the Service, but not
directly by DatingForRichPeople.com, are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely responsible for
such content. DatingForRichPeople.com does not: (i) guarantee the accuracy,
completeness, or usefulness of any information on the Service, or (ii) adopt,
endorse or accept responsibility for the accuracy or reliability of any opinion,
advice, or statement made by any party that appears on the Website. Under no
circumstances will DatingForRichPeople.com or its affiliates be responsible for
any loss or damage resulting from your reliance on information or other content
posted on the Website or transmitted to or by any Members.
9. Content Posted by You on DatingForRichPeople.com.
a. You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other Members. You will not
post on the Service, or transmit to other Members, any defamatory, inaccurate,
abusive, obscene, profane, offensive, sexually oriented, threatening, harassing,
racially offensive, or illegal material, or any material that infringes or
violates another party's rights (including, but not limited to, intellectual
property rights, and rights of privacy and publicity). You will not provide
inaccurate, misleading or false information to the Company or to any other
Member. If information provided to DatingForRichPeople.com, or another Member,
subsequently becomes inaccurate, misleading or false, you will promptly notify
DatingForRichPeople.com of such change.
b. You understand and agree that DatingForRichPeople.com may review and delete
any content, messages, double-blind emails, photos or profiles (collectively,
"Content"), in each case in whole or in part, that in the sole judgment of
DatingForRichPeople.com violate this Agreement or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of
Members.
c. By posting Content to any public area of DatingForRichPeople.com, you
automatically grant, and you represent and warrant that you have the right to
grant, to DatingForRichPeople.com, its affiliates, licensees and successors, an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, reproduce, adapt, modify and distribute such information
and content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the
foregoing. You further represent and warrant that public posting and use of your
content by DatingForRichPeople.com will not infringe or violate the rights of
any third party.
d. The following is a partial list of the kind of Content that is illegal or
prohibited on the Website. DatingForRichPeople.com reserves the right to
investigate and take appropriate legal action in its sole discretion against
anyone who violates this provision, including without limitation, removing the
offending communication from the Service and terminating the membership of such
violators. It includes, but is not limited to, Content that:
is patently offensive to the online community, such as Content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass
mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated images, audio or video, or links to pirated images, audio or
video files;
contains restricted or password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under the age of
18;
provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. Your use of the Service, including but not limited to the Content you post on
the Service, must be in accordance with any and all applicable laws and
regulations.
f. You may not include in your Member profile any telephone numbers, street
addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Members. This
includes but is not limited to solicitation or advertising to buy or sell any
products or services through the Service or to attend parties or other social
functions or networking for commercial purposes. You may not transmit any chain
letters or junk email to other Members. Although DatingForRichPeople.com cannot
monitor the conduct of its Members off the Website, it is also a violation of
these rules to use any information obtained from the Service in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit, or
sell to any Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, we reserves the right to restrict
the number of emails which a Member may send to other Members in any 24-hour
period to a number which we deem appropriate in our sole discretion.
h. All information you include in your Member profile must be accurate, current
and complete.
10. Prohibited Activities. DatingForRichPeople.com reserves the right to
investigate and terminate your membership if you have misused the Service, or
behaved in a way which could be regarded as inappropriate or whose conduct is
unlawful or illegal. The following is a partial list of the type of actions that
you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by
DatingForRichPeople.com without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, "data mine", or in any
way reproduce or circumvent the navigational structure or presentation of the
Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers
or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the Website, without
DatingForRichPeople.com's prior written authorization. You also shall not use
meta tags or code or other devices containing any reference to
DatingForRichPeople.com or the Service or the site in order to direct any person
to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Service or the
Website or any software used on or for the Service or cause others to do so.
11. Customer Service. DatingForRichPeople.com provides assistance and guidance
through its customer care representatives. When communicating with our customer
care representatives, you may not to be abusive, obscene, profane, offensive,
sexist, threatening, harassing, racially offensive, or otherwise behave
inappropriately. If we feel that your behavior towards any of our customer care
representatives or other employees is at any time threatening or offensive, we
reserve the right to immediately terminate your membership and you will not be
entitled to any refund of unused subscription fees.
12. Subscriptions; Charges on Your Billing Account.
(a) General. DatingForRichPeople.com bills you through an online account (your
"Billing Account") for use of the Service. You agree to pay
DatingForRichPeople.com all charges at the prices then in effect for any use of
the Service by you or other persons (including your agents) using your Billing
Account, and you authorize DatingForRichPeople.com to charge your chosen payment
provider (your "Payment Method") for the Service. You agree to make payment
using that selected Payment Method. DatingForRichPeople.com reserves the right
to correct any errors or mistakes that it makes even if it has already requested
or received payment.
(b) Recurring Billing. Most subscription plans to the Service consist of an
initial period, for which there is a one time charge, followed by recurring
period charges as agreed to by you. By entering into this Agreement, you
acknowledge that your subscription has an initial and recurring payment feature
and you accept responsibility for all recurring charges prior to cancellation.
DatingForRichPeople.COM MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT
FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN
WRITING UPON REQUEST BY DatingForRichPeople.COM) THAT YOU HAVE TERMINATED THIS
AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT
CHARGES SUBMITTED BEFORE DatingForRichPeople.COM REASONABLY COULD ACT. TO
TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT
SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND
ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL
INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS
A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION
DATE), AND YOU MUST PROMPTLY NOTIFY DatingForRichPeople.COM IF YOUR PAYMENT
METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A
POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR
USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT
SETTINGS. IF YOU FAIL TO PROVIDE DatingForRichPeople.COM ANY OF THE FOREGOING
INFORMATION, YOU AGREE THAT DatingForRichPeople.COM MAY CONTINUE CHARGING YOU
FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED
YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY
DatingForRichPeople.COM).
(d) Payment Method. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment Method
(the "Payment Method Provider"). If DatingForRichPeople.com does not receive
payment from your Payment Method Provider, you agree to pay all amounts due on
your Billing Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to your Billing
Account varies from the amount you preauthorized (other than due to the
imposition or change in the amount of state sales taxes), you have the right to
receive, and DatingForRichPeople.com shall provide, notice of the amount to be
charged and the date of the charge at least 10 days before the scheduled date of
the transaction. Any agreement you have with your Payment Method Provider will
govern your use of your Payment Method. You agree that DatingForRichPeople.com
may accumulate charges incurred and submit them as one or more aggregate charges
during or at the end of each billing cycle.
(f) Auto-renewal. Your DatingForRichPeople.com subscription will be
automatically extended for successive renewal periods of the same duration as
the subscription term originally selected, at the then-current non-promotional
subscription rate. To change or resign your subscription at any time, go to
Account Settings. If you resign, you may use your subscription until the end of
your then-current subscription term; your subscription will not be renewed after
your then-current term expires. However, you won't be eligible for a prorated
refund of any portion of the subscription fee paid for the then-current
subscription period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the
Service reaffirms that DatingForRichPeople.com is authorized to charge your
Payment Method. DatingForRichPeople.com may submit those charges for payment and
you will be responsible for such charges. This does not waive
DatingForRichPeople.com's right to seek payment directly from you. Your charges
may be payable in advance, in arrears, per usage, or as otherwise described when
you initially subscribed to the Service.
(h) Free Trials and Other Promotions. Any free trial or other promotion that
provides subscriber-level access to the Service must be used within the
specified time of the trial. You must cancel your subscription before the end of
the trial period in order to avoid being charged a subscription fee. If you
cancel prior to the end of the trial period and are inadvertently charged for a
subscription, please contact Customer Care to have the charges reversed.
13. Modifications to Service. DatingForRichPeople.com reserves the right at any
time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that DatingForRichPeople.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
14. Blocking of IP Addresses. In order to protect the integrity of the Service,
DatingForRichPeople.com reserves the right at any time in its sole discretion to
block Members from certain IP addresses from accessing the Website.
15. Copyright Policy. You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Service 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; 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; 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. DatingForRichPeople.com's Copyright Agent for notice
of claims of copyright infringement can be reached as follows:
DatingForRichPeople.com
16. Member Disputes. You are solely responsible for your interactions with other
DatingForRichPeople.com Members. DatingForRichPeople.com reserves the right, but
has no obligation, to monitor disputes between you and other Members.
17. Privacy. Use of the Website and/or the Service is also governed by our
Privacy Policy.
18. Disclaimers. DatingForRichPeople.com is not responsible for any incorrect or
inaccurate Content posted on the Website or in connection with the Service,
whether caused by users of the Website, Members or by any of the equipment or
programming associated with or utilized in the Service. DatingForRichPeople.com
is not responsible for the conduct, whether online or offline, of any user of
the Website or Member of the Service. DatingForRichPeople.com assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user or Member communications.
DatingForRichPeople.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the Internet or at any
Website or combination thereof, including injury or damage to users and/or
Members or to any other person's computer related to or resulting from
participating or downloading materials in connection with the Web and/or in
connection with the Service. Under no circumstances will DatingForRichPeople.com
or any of its affiliates, advertisers, promoters or distribution partners be
responsible for any loss or damage, including personal injury or death,
resulting from anyone's use of the Website or the Service, any Content posted on
the Website or transmitted to Members, or any interactions between users of the
Website, whether online or offline. The Website and the Service are provided
"AS-IS" and DatingForRichPeople.com expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. DatingForRichPeople.com cannot
guarantee and does not promise any specific results from use of the Website
and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement,
any advice that may be posted on the Website is for informational and
entertainment purposes only and is not intended to replace or substitute for any
professional financial, medical, legal, or other advice. DatingForRichPeople.com
makes no representations or warranties and expressly disclaims any and all
liability concerning any treatment, action by, or effect on any person following
the information offered or provided within or through the Website. If you have
specific concerns or a situation arises in which you require professional or
medical advice, you should consult with an appropriately trained and qualified
specialist.
19. Links. The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because DatingForRichPeople.com has no
control over such sites and resources, you acknowledge and agree that
DatingForRichPeople.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any Content, advertising, products or other materials on or available from such
sites or resources. You further acknowledge and agree that
DatingForRichPeople.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of, or reliance upon, any such Content, goods or
services available on or through any such site or resource.
20. Linked Accounts. DatingForRichPeople.com permits you to associate a
DatingForRichPeople.com username and password with your Window's Live ID. When
you establish a linked account, you can sign into Window's Live or AOL
ScreenName and automatically sign into DatingForRichPeople.com at the same time.
DatingForRichPeople.com is not responsible for the operation or functionality of
Window's Live or AOL ScreenName. Microsoft is a registered trademark of
Microsoft Corporation and AOL is a registered trademark of America Online, Inc.
21. Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will DatingForRichPeople.com be liable to you or any
third person for any indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from your use of the Web
site or the Service, even if DatingForRichPeople.com has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained
herein, DatingForRichPeople.com's liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to DatingForRichPeople.com for the Service during the term
of membership.
22. U.S. Export Controls. Software from this Website (the "Software") is further
subject to United States export controls. No Software may be downloaded from the
Website or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country
to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software, you
represent and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
23. Jurisdiction and Choice of Law. If there is any dispute arising out of the
Website and/or the Service, by using the Website, you expressly agree that any
such dispute shall be governed by the laws of the State of Texas, without regard
to its conflict of law provisions, and you expressly agree and consent to the
exclusive jurisdiction and venue of the state and federal courts of the State of
Texas, in Dallas or Collin County, for the resolution of any such dispute.
24. Indemnity by You. You agree to indemnify and hold DatingForRichPeople.com,
its subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising out of
your use of the Service in violation of this Agreement and/or arising from a
breach of this Agreement and/or any breach of your representations and
warranties set forth above.
25. No Third Party Beneficiaries. You agree that, except as otherwise expressly
provided in this Agreement, there shall be no third party beneficiaries to this
Agreement.
26. DatingForRichPeople.com has created a premium service that includes
relationship and dating information based on insights. DatingForRichPeople.com offers this
premium service on a subscription basis to subscribers to
DatingForRichPeople.com. All terms you agreed to in subscribing to
DatingForRichPeople.com will apply to DatingForRichPeople.com, except as specifically
modified below. As a Subscriber to DatingForRichPeople.com you represent and agree to the
following additional and/or different terms:
(a)
General, Educational Content. You understand that the resources in the
DatingForRichPeople.com program, including the self-conducted inventories and assessments,
are for informational purposes only. The content is generalized,
non-individualized information designed for self-help purposes. You understand
that this is not a personality test, which can only be administered on an
individual basis under the supervision of a professional licensed to administer
and interpret such tests. The responses you provide in various questionnaires
are not reviewed by anyone, and the profiles and content that are provided are
not specific to you. The information is not provided as health care or
therapeutic advice and it is not intended to diagnose, evaluate or treat any
individual's mental health or emotional condition, or to substitute for
consultation with a mental health care professional. Never disregard medical or
psychological advice or delay in seeking it because of something you have read
on DatingForRichPeople.com.
(b)
Self-Reporting. You understand that the usefulness of DatingForRichPeople.com will depend
in part on the insight and candidness of each participant. You understand that DatingForRichPeople.com is a general, educational program based on self-reported
perceptions which may not be accurate because of poor insight or purposeful
manipulation.
(c)
Privacy. You understand that DatingForRichPeople.com will not disclose your
responses or its communications with you to anyone not employed with
DatingForRichPeople.com.
program is kept confidential, and is not screened, reviewed or
shown to any other subscriber on our site. The only reason a DatingForRichPeople.com employee would need to look at your account would be if there was a fraud, abuse or similar complaint that required DatingForRichPeople.com to do so. You agree to hold DatingForRichPeople.com harmless as to any
claims relating to the privacy of your responses to or DatingForRichPeople.com's communications with you. Please see
DatingForRichPeople.com's detailed Privacy Policy.
(d)
Subscriber's Self-Selected Choices. You understand that no one is recommending
to you any person or group of persons, including the subscribers to
DatingForRichPeople.com's online dating service. You are solely responsible for
your interactions with other DatingForRichPeople.com Members. You understand
that Dr. Phil does not make such recommendations, is not involved in the
creation or operation of the DatingForRichPeople.com online dating service, has
not met or analyzed the people who use DatingForRichPeople.com, does not vouch
for or recommend any of them, and is not responsible for the content on
DatingForRichPeople.com.
(e)
Personal Responsibility. You understand that finding the right person(s) to
associate with is your personal decision for which you alone are responsible.
(f)
Personal Safety. You understand that meeting new people, by whatever method or
means, always requires taking normal precautions you should otherwise follow in
establishing new relationships. Those may include, but are not limited to,
meeting in public places, checking with mutual friends, free or fee-based
internet search options, and otherwise using common sense about protecting
yourself and your property. You understand that you are responsible for
protecting yourself and your personal and financial information, that you are
not entrusting that responsibility to anyone else, and that you understand that
nothing on DatingForRichPeople.com is designed to or should be
expected to do any of that for you. Please see DatingForRichPeople.com's Dating
and Safety Tips.
(g)
Hold Harmless, as
well as for your use of any other services on DatingForRichPeople.com.
(h)
Binding Arbitration. Notwithstanding the terms you agreed to in the
DatingForRichPeople.com Terms of Use Agreement, insofar as you have any dispute
with or relating in any way to, directly or indirectly,
including for breach of contract, breach of fiduciary duty, negligence, personal
injury, intentional torts or other tort, all such disputes will be arbitrated
according to the rules of the American Arbitration Association in Dallas, Texas,
including any dispute about the scope of this arbitration agreement, and
including all questions about the types of disputes that are subject to this
arbitration agreement, all of which you agree will be decided by the
arbitrators, it being your intent that this arbitration agreement be broadly
construed, and that the decision of the arbitrators will be final. Any issue
concerning the extent to which a dispute is subject to arbitration, or
concerning the applicability, interpretation, or enforceability this agreement,
including any contention that all or part of this agreement is invalid or
unenforceable, shall be governed by the Federal Arbitration Act and resolved by
the arbitrators. Further, you agree that in that arbitration there will be no
depositions taken, and all other forms of discovery of facts will be limited to
those things the arbitrators determine, in their sole discretion, to be
necessary. Further, in that arbitration, (i) there shall be no award of
punitive, exemplary, incidental, or consequential or other special damages, (ii)
all damages claims and awards will be governed by the Provisions of the Texas
Civil Practice and Remedies Code, and (iii) the parties will conduct the
arbitration confidentially and expeditiously and will pay their own costs and
expenses of arbitration, including their own attorney fees. If you are unable to
afford the fee of the American Arbitration Association, you agree to notify all
persons against whom you have an arbitrable claim and give them the opportunity
individually and as a group to pay such fee. The proceeding and the decision
shall be kept confidential by the parties. No claim may be brought as a class
action, combined or consolidated with any other proceeding, nor may any
proceeding be pursued in a representative capacity or on behalf of a class.
you have no the rights to act as a class representative or
participate as a member of a class of claimants with respect to any claim.
27. Other. This Agreement contains the entire agreement between you and
DatingForRichPeople.com regarding the use of the Website and/or the Service. If
any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
Please contact us with any questions regarding this agreement.
DatingForRichPeople.com is a trademark of DatingForRichPeople.com, L.L.C.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
|