Dating to Get Married LLC User Terms and Conditions
Last Updated on May 3, 2019
Welcome to Dating to Get Married. We look forward to helping You understand the science behind long lasting loving relationships and develop the skills that make soulmate love possible. To do so, we have a few rules that will help keep our platform responsive to you and help you achieve the most you can out of our course. These Terms apply to all of your engagement with us, Dating to Get Married, LLC (“We”, the “Company” or “Dating to Get Married”), your use of and activities on our site, datingtogetmarried.com and datingtogetmarried.clickfunnels.com (the “Site”), and your subscription to, use of, and engagement with our content, whether as a visitor, trial user, paid user, 21 Day Love Life Reboot Challenge user or signature user (the “Services”).
By agreeing to these Terms, you agree to resolve disputes with the Company through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
You need an account for most activities on our platform including when you register for our free trial and when you commit to purchasing access to our full course. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
By visiting our Site, registering for a free trial and becoming a free trial user (“Free Trial User”), registering as a paid user (“Paid User”), registering as a 21 Day Love Life Reboot Challenge user ("Challenge User"), or registering for our signature program (“Signature User”) you agree that you have reached the age of majority in the country from which you are accessing the Site or the Services. For convenience in these Terms, the term “User” refers to all visitors to the Site, Free Trial Users, Paid Users, Challenge User, and Signature Users. Accounts are for individuals only and sharing accounts with multiple people, including people at the same company is strictly forbidden and will result in losing the account without refund.
You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
You may control your profile and how you interact with the Services by changing the settings in your settings page. By providing Dating to Get married your email address you consent to our using the email address to send you Service and account-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers.
Free Trial Membership
Dating to Get Married offers Users the ability to sign up for a no obligation, seven-day free trial membership (the “Free Trial Membership”). Free Trial Memberships require a valid credit card to be started. A temporary authorization may be placed on the credit card to assess its validity. This authorization will be removed after 24-48 hours, but may vary by bank. Upon account creation the Free Trial Membership will begin immediately upon approval and verification of your account by the Company and you will have limited access to the Services for seven days. If, prior to the end of the Free Trial Membership you determine that you do not wish to continue your subscription to the Services as a Paid User you must notify us my email no less than 24 hours prior to the conclusion of your Free Trial Membership at email@example.com. Our support team will then direct you on the steps required to cancel your account on the Site. Failure to notify us of your intent to cancel your Free Trial Membership in a timely manner will result in your credit card on file being automatically billed at the monthly subscription rate and you will become a Paid User. Once a charge is made, there is no refund available.
Free Trial Membership is limited to new Users only. Prior Users who wish to re-subscribe to the Services will not be offered a Free Trial Membership.
Paid Users have access to all of the Services available on the Site so long as the monthly membership fee (“Monthly Membership Fee”) has been paid to the Company. Alternatively, Paid Users may elect to pay membership fees on an annual basis (“Annual Membership Fee.” By registering as a Paid User, or failing to cancel your Free Trial Membership in a timely manner, you authorize us to charge your credit card on file with the Company the Monthly Membership Fee pursuant to these Terms.
The 21 Day Love Life Reboot Challenge provides Services delivered over a period of time to encourage users to learn in a specific pattern. Before the 21 Day Love Life Reboot Challenge start date, Challenge Users will gain access to the Pretraining materials immediately. Guides and bonus material will be released to the Site slowly over time leading up to the Challenge start date. Beginning on the Challenge start date, each day a new lesson and practice exercise will be released to the site for 21 days. All of the Services are available for 90 days from the start of the Challenge date. Some Challenge Users may elect to purchase the Sex and Commitment video which will be available on the start of the Challenge date. Other Challenge Users may elect to purchase the private coaching package. The "What Did That Mean!?!" Guide is available on the Start of the Challenge date. Challenge Users who purchased the private coaching may schedule a coaching session with Emily Avagliano at any time from the purchase date to one year afterwards. Challenge Users can have access to the Services they have signed up in the timeframe of the challenge delivery dates so long as full payment has been made to the Company.
Challenge Users are offered with a thirty (30) day satisfaction guarantee. If for any reason within 30 days of purchase a Challenge User is not satisfied with the 21 Day Love Life Reboot Challenge, he or she may request a full refund by contacting the Company.
Dating to Get Married offers signature Service packages which include a package of benefits including specific live event registration, access to online content, lessons, private and group coaching calls and online community access (“Signature Program”) Signature Users who register for the Signature Program have access to the Signature Program for which they have signed up so long as full payment has been made to the Company. Signature Programs include registration and access to a specific live workshop, the date and location of which are detailed with each specific Signature Program. Signature Users who register for a specific Signature Program receive access to that specific live workshop. In the event a Signature User is unable to attend the live workshop included with their Signature Program, the User may attend an alternate live workshop instead; however, Dating to Get Married offers no guarantees that any live workshop will meet a specific User’s travel budget, timing or availability.
Signature Programs are offered with a thirty (30) day satisfaction guarantee. If for any reason within 30 days of purchase a Signature User is not satisfied with the Signature Program, he or she may request a full refund by contacting the Company.
Fees and Payments
Signature Program Fees and Challenge Program Fees are due upon order and are one-time fees which will be processed immediately.
Monthly Membership Fees and Annual Membership Fees are fully earned upon payment. Annual Membership Fees are subject to a thirty (30) day satisfaction guarantee. If for any reason a User is not satisfied with the Services, he or she may, within thirty (30) days from the date of purchase cancel the Services for a full refund. There are no refunds of Monthly Membership Fees at anytime or credits for partially used months or years, as applicable. If any fee is not paid in a timely manner, or Dating to Get Married is unable to process your transaction using the credit card information provided, Dating to Get Married reserves the right to revoke access to your account.
If your credit card reaches its expiration date, your continued use of the Dating to Get Married Services and Site constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
You may cancel your subscription at any time; however, there are no refunds for cancellation (excluding Signature Programs and Annual Membership Fees pursuant to these Terms); if you cancel before the end of your monthly billing cycle you have access to your account for the remainder of the billing cycle. In the event that Dating to Get Married suspends or terminates your account or these Terms for your breach of these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Use of the Services is entirely up to the User, and failure to utilize any portion of the services will not relieve a User of any payment obligations or be subject to any discounts.
Cancellation and Termination
Free Trial Memberships may be cancelled as set forth in the Free Trial Membership section of these Terms. Signature Programs may be cancelled as set forth in the Signature Programs section of these Terms.
If you wish to cancel your monthly paid subscription to the Services at any time, please email us at firstname.lastname@example.org no less than ten (10) days prior to the end of the month. Failure to notify us of your intent to cancel your subscription at least ten (10) days prior to the end of the month will result in your subscription continuing for an additional month and your credit card on file being charged.
Dating to Get Married reserves the right to immediately terminate or suspend a User's account or access to the Services without notice for failure to pay any Fees when due or failure to keep accurate and valid payment information on file with the Company. Termination of your account or access to the Services in no way relieves or excuses a User from any obligation to pay outstanding charges or expenses. In the event Dating to Get Married starts collection procedures of any type, you will be solely liable for all expenses, fess (including attorneys’ fees) and costs incurred to collect on any outstanding amounts.
Use of Our Service
You may use the Services only if you can form a binding contract with Dating to get Married, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Services are not available to any Users who have been previously had accounts terminated by Dating to Get Married.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Dating to Get Married reserves all rights not expressly granted herein in the Service and the Dating to Get Married Content (as defined below). Dating to Get Married may terminate this license at any time for any reason or no reason. Services are licensed, and not sold to you. This license does not give you any right to resell the Services or Dating to Get married content in any manner (including by sharing account information with another User.
You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Dating to Get Married Content unless we give you explicit written permission to do so.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Dating to Get Married servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information, including account names, from the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or (xiii) monetizing the Dating to Get Married content through advertising, subscriptions or other means aside from our pre-approved affiliate program.
We may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
You are solely responsible for your interactions with other Dating to Get Married Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Dating to Get Married shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Our Proprietary Rights
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, videos, and photographs (the “Dating to Get Married Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Dating to Get Married and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dating to Get Married Content. Use of the Dating to Get Married Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dating to Get Married under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dating to Get Married does not waive any rights to use similar or related ideas previously known to Dating to Get Married developed by its employees, or obtained from sources other than you.
Interacting with the Service and User Content
We may offer functionality on the Site that permits Users to post content such as profile information, comments, questions, images, and other content or information. Any content or information a User submits, posts, displays, links to, or otherwise makes available on the Services is referred to as “User Content.” We claim no ownership rights over User Content created or provided by you. The User Content you create remains yours; however, by sharing User Content through the Services, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and these Terms. Dating to Get Married has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Services.
By posting or otherwise making available any User Content on the Services, you hereby expressly grant, and you represent and warrant that you have all rights necessary to grant, to Dating to Get Married a royalty-free, sublicensable, transferable, perpetual, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Dating to Get Married’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, modify, distribute, display and perform such User Content as permitted through the functionality of the Services and under these Terms
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, obscene, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.
No Violation of Third Party Rights
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below.
Definition of Intellectual Property
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
User Content Representations and Warranties
In connection with your User Content, you affirm, represent and warrant the following: (i) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (ii) your User Content and any use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; (iii) Dating to Get Married may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (iv) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Your Conduct; Disclaimer
Dating to Get Married reserves the right, but is not obligated, to reject and/or remove any User Content that Dating to Get Married believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights Company. Dating to Get Married takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Dating to Get Married shall not be liable for any damages you allege to incur as a result of User Content.
No Professional Advice
The Services may provide professional information (for example, financial, scientific, legal or medical). Such information is for informational purposes only and should not be construed as professional advice. You are solely responsible for any actions your take based on information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area prior to relying on any information contained on the Site or in the Services.
Dating to Get Married cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Compliance with Laws
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our Site must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.
You agree to defend, indemnify and hold harmless Dating to Get Married and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Using the Services at Your Own Risk
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Dating to Get Married has no responsibility to keep such content from you and no liability for your access to such Content, to the extent permissible under applicable law. This also applies to any Content relating to medicine, science, safety, psychology, health, and wellness. You acknowledge the inherent risks and dangers in taking certain actions based off of the information contained in the Content, and by deciding to undertake such actions, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your engagement with the Content and Services. Please see our recommendations for Dating Safety, found at datingtogetmarried.com/disclaimerogiv27a
If you have been previously diagnosed with a mental health disorder or suspect you may have a mental health condition, you should consult your physician or other qualified health provider before engaging with the Services. None of the Content or Services or any other information provided by Dating to Get Married is intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on the Site and comprising the Services are solely the opinions of the authors. Neither Dating to Get Married, its affiliated companies, nor any of their directors, officers, members, managers, employees, agents or contractors assumes any liability for the contents of any materials provided on the Site or any information comprising the Services.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY ACTION TAKEN AS SUGGESTED BY THE SERVICES WILL LEAD TO A DESIRED OUTCOME, THAT SAFETY IS GUARANTEED WHEN FOLLOWING ANY COURSE OR COUCHING CONTAINED IN THE SERVICES, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, USE OF, OR INSTRUCTION FROM OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $500.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Site and Services are controlled and operated from facilities in the United States. Dating to Get Married makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
You agree that: (i) the Services shall be deemed solely based in Wisconsin. These Terms shall be governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Waukesha County, Wisconsin for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. In the unlikely event that Dating to Get Married has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Dating to Get Married claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Waukesha County, Wisconsin unless you and Dating to Get Married agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Dating to Get Married from seeking injunctive or other equitable relief from the courts as necessary to protect any of Dating to Get Married’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Dating to Get Married without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Terms
Dating to Get Married may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Dating to Get Married in our sole discretion. The Dating to Get Married reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. The Dating to Get Married is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Dating to Get Married may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Services.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dating to Get Married’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Photography and Video Recording
I understand that, should I attend a Dating to get Married event or workshop, including live workshops offered as part of the Signature Programs, I may be photographed or recorded on video. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Company, event holders, producers, sponsors, organizers, and assigns. in whole or in part without restriction which may include participant’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further notice or compensation to me for the use of such use.