|
The justsayyestolove.com service (the "Service") is provided by The Human Development Company, a New York corporation, with offices at 109 Coverly Place, Melville NY 11747 (the "Company"). This is a legal agreement ("Agreement") between you and the Company, please read the Agreement carefully before registering for the Service. By completing your registration and clicking on the "I Accept" button below, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes
1. Minors. MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent and warrant that you are at least 21 years old.
2. Marital Status. By requesting to receive matches from the Service, you represent and warrant that you are not married.
3. Exclusive Use. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
4. Online Conduct. As a Registered User, you agree that: a. You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the Service, or transmit to other Registered Users.
b. You will not post on the Service, or transmit to other Registered Users, or otherwise communicate 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). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
c. You will use the Service in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
d. You will not provide inaccurate, misleading or false information to the Company or to any other Registered User. If information provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
e. Prior to reaching Open Communication, your E-mail correspondence with other Registered Users will not include any personal information which would enable other Registered Users to discover your identity. Upon reaching Stage 4, certain personal information about you will be made available to, or will otherwise be accessible by, other Registered Users.
f. You will only create one unique profile with the Service. g. You will not engage in advertising to, or solicitation of, other Registered Users to buy or sell any products or services through the Service. You will not transmit any chain letters or junk E-mail to other Registered Users.
h. You will not post, copy, modify, transmit, show in public or private, create any derivative works from, 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.
i. You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service. In addition, you agree to review and follow the recommendations set forth in justsayyestolove's Safety Tips which will be provided to you prior to entering Open Communication with your Matches.
j. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
k. You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
l. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Registered Users that are not readily accessible to the general public will be treated as private by the Company to the extent permitted by applicable law.
5. Online Content. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
6. Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to the Company with advertisers, or as the result of the presence of such advertisers on the Service.
7. Unauthorized Users. It is possible that other Registered Users or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
8. Proprietary Rights. a. The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees. In addition, other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display 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 sub-licenses of the foregoing.
9. Confidentiality. With the exception of the information provided to other Registered Users pursuant to the terms of the Service and as provided in the Company's privacy policy or below, the Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. If you choose to accept any offers from third-party advertisers made through justsayyestolove.com, the Company may supply the advertiser with information you provided to Company, including billing information. For additional information about the collection and possible use of information provided by you, please click on the link that appears at the bottom of the home page for this web site for information on the Company's privacy policy.
10. Warranties. a. THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
11. Limitation of liability. a. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS, SERVICES, OR OTHER RESOURCES PRESENTED ON THIS WEBSITE OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS, SERVICES, OR OTHER RESOURCES PRESENTED ON THIS WEBSITE.
b. While the Company performs an initial screening of individuals registering for the Service, the Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE COMPANY 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 INTRODUCED TO YOU BY THIS SERVICE.
12. Indemnity by Registered User. You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.
13. To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Help" button or via email to customerrelations@justsayyestolove.com. In New York , you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Afffairs at North County Complex, Bldg. 340 Hauppauge, New York 11788-0099.
14. Termination. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, if in Company's sole discretion it believes you have violated any Section of this Agreement by you which is brought to the Company's attention. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. Following any termination hereof, the Company reserves the right to send a notice that you have been terminated to other Registered Users with whom you have corresponded.
15. Death, Disability, or Relocation.
Death, Disability, or Relocation. a. If by reason of death or disability you are unable to receive all services for which you contracted, you and your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in paragraph (3). (1) If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received shall be promptly refunded to you or your representative.
(2) "Disability" means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to the Company.
(3) If the physician determines that the duration of the disability will be less than six (6) months, Company may extend the term of the contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
16. General Provisions. You agree that New York law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts in the United States District Court for the Eastern District of New York, other than for actions to enforce any order or judgment entered by such courts.
This Agreement, accepted upon registration for the Service, contains the entire agreement between you and the Company regarding the use of this Service. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of Company's third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, call Customer Care at 1-800______, Monday through Friday, 10 AM - 5 PM (ET). You can also mail or deliver a signed and dated cancellation notice or send us a telegram, which states that you, the buyer, are canceling this Agreement, or words to similar effect, to:
justsayyestolove.com
Attn: Cancellations
109 Coverly Place
Melville, NY 11747 |
