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OurDatingSite.com Service Agreement This is a legal agreement ("Agreement") between you and OurDatingSite.com (the "Owner"), which will apply to you in respect of any and all services offered by or acquired from the ourdatingsite.com web site (the "Site") located at www.ourdatingsite.com (the "Service"). Upon successful registration, you become a member of the Service (a "Member"), and you agree to be bound by all of the terms and conditions of this agreement (the "Terms") for as long as you remain a Member, in addition to our Email, Acceptable Usage, Privacy and other terms and conditions posted on the Site from time to time. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PROCEED TO REGISTER TO BECOME A MEMBER OF THE SERVICE. THE USE OF THE SERVICE IS TO BE DONE AT YOUR OWN RISK!!! The Owner or You may terminate this agreement at any time, for any reason whatsoever, effective upon sending written notice to the other party. If you send a notice of termination, your membership shall concurrently terminate, without an obligation to make a payment, rebate or refund on the part of the Owner. The Owner does however reserve the right to suspend or terminate your membership at any time, without notice, if you breach this Agreement or any other terms and conditions posted on the Site from time to time. The Owner assumes no responsibility whatsoever for your use of the Service. It is for your sole, personal use and you may not distribute your user name and password allowing others to use the service through your membership. Use of the service is strictly prohibited to minors or any person under the age of 18, regardless of whether you have parental consent. As a member, you agree that:
Please note you may be involuntarily exposed to offensive or obscene materials on the Service that may have been posted by Members, hackers or unauthorized users from time to time. Please note that it is possible for others to obtain your personal information and use it to engage in an action that may be harmful to you or injure you. The Owner is not responsible for the use of any personal information that you choose to display, publish or distribute to other Members. THE OWNER RESERVES THE RIGHT BUT HAS NO OBLIGATION, WHETHER ON THE BASIS OF COMPLAINTS OR ON ITS OWN INITIATIVE, TO MONITOR ANY MESSAGING OR OTHER ACTIVITY AND THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE, AND TO REVIEW USAGE, ACTIVITY OR THE CONTENT OF ANY MESSAGES, MATERIALS OR OTHER INTERCHANGES WHICH ARE OTHERWISE POSTED, SENT OR TRANSMITTED VIA THE SERVICE. THE OWNER SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO REMOVE ANY MATERIAL OR PROFILES, REGARDLESS OF WHETHER THE OWNER DETERMINES THAT SUCH MATERIALS OR PROFILES VIOLATE, OR ARE ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE OWNER DOES NOT UNDERTAKE TO MONITOR, CONTROL OR EDIT ANY COMMUNICATIONS BETWEEN ITS USERS, AND SUCH COMMUNICATIONS MAY BE OFFENSIVE TO YOU. YOU ASSUME FULL RESPONSIBILITY AND YOU ASSUME ALL RISK FOR THE USE OF THE SERVICES, AND YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, COMMUNICATIONS, AND OTHER INFORMATION. ALL COMMUNICATIONS BETWEEN USERS ARE AT THE USER'S SOLE CONTROL AND RISK. IN NO EVENT WILL OURDATINGSITE, ITS AFFILIATES OR THE OWNER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS, THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER USERS, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES) DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE OWNER, OURDATINGSITE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY OURDATINGSITE, ITS AFFILIATES, OR THE OWNER 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 FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. UNDER NO CIRCUMSTANCES WILL OURDATINGSITE, ITS AFFILIATES OR THE OWNER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. NEITHER OURDATINGSITE, ITS AFFILIATES NOR THE OWNER GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH THE OWNER, OURDATINGSITE, ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. OURDATINGSITE, ITS AFFILIATES AND THE OWNER SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER OURDATINGSITE, ITS AFFILIATES NOR THE OWNER WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. OURDATINGSITE, ITS AFFILIATES AND THE OWNER DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS") OF THE SITE OR SERVICE. Certain jurisdictions limit the applicability of warranty disclaimers and limitations of liability so the above disclaimers of warranty and limitations of liability may not apply to you. This Agreement as construed between the Owner and you is governed under the laws of the the State of California, U.S.A. (location of the Owner), regardless of conflicts of law principles. However, this Agreement as construed between OurDatingSite, its affiliates and yourself shall be governed under the laws of the State of California, U.S.A., regardless of conflicts of law principles. Any disputes or legal proceedings arising out of or relating to this Agreement shall: (i) as they pertain to the Owner, at the Owner's election be determined via arbitration in the jurisdiction of incorporation of the Owner (pursuant to the arbitration rules designated by the Owner), or in the courts of the jurisdiction of incorporation of the Owner; and (ii) and as they may pertain to OurDatingSite or its affiliates, at OurDatingSite's election shall be shall be determined via arbitration in the State of California, U.S.A. (pursuant to the arbitration rules designated by OurDatingSite), or in the courts in the State of California, U.S.A. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The Parties agree that the performance of this Agreement, in all its aspects as it pertains to the Owner, does not take place outside of the jurisdiction of incorporation of the Owner, and performance of this Agreement, in all aspects as it pertains to OurDatingSite, its affiliates and yourself, does not take place outside of the jurisdiction of the State of California, U.S.A. This Agreement, accepted upon registering for the Service, contains the entire Agreement regarding the use of the Service. This Agreement may be relied upon by OurDatingSite as noted above, and may only be amended as it pertains to OurDatingSite with the express consent of OurDatingSite. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. |
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