Terms & Conditions
Dating DNA, LLC Terms and Conditions of Service
Dating DNA, LLC ("Dating DNA,") provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully!
Dating DNA, LLC ("Dating DNA,"), a Delaware Limited Liability Company (the "Company"), provides this Website and all Website-related services subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This legal Agreement governs the relationship between Dating DNA and you, the Website visitor (including your employer and any affiliates and its or their employees, contractors and agents, "you") with respect to your use of the Website, be that directly or through a widget, application, or any other means. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Website, be that directly or through a widget, application, or any other means, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Website, including eliminating or discontinuing any content on or feature of the Website;
- Refuse service to anyone and/or delete user accounts if we feel they are disrupting the community; or
- Change any fees or charges for use of the Website.
Any changes we make will be effective immediately upon posting a revised version of this Agreement on the Website. Your continued use of the Website following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement. You can determine when these Terms & Conditions were last revised by checking the legend at the bottom of this document.
By submitting an email address during registration, 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. 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.
- Marital Status. By requesting to become a registered user of this Service or use the Website, you represent and warrant that you are single or separated from your spouse.
- Minors. You must be at least eighteen (18) years of age to register or use this site.
- 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.
- User, you agree that:
- You are solely and personally responsible for the information or content display, publish or otherwise communicate in any manner (hereinafter, "post") on the Service, or transmit to other Registered Users.
- You will not post on the Service, or transmit to other Registered Users, or otherwise communicate any abusive, inaccurate, defamatory, profane, obscene, offensive, sexually oriented, harassing, threatening, 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.
- 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.
- You will not send 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.
- 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. You understand, and consent to, that certain personal information about you will be made available to, or will otherwise be accessible by, other Non-Registered and Registered Users.
- You will only create one unique profile with the Service.
- 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.
- 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.
- You are solely responsible for your interactions with other Registered Users. You agree to take normal precautions when meeting individuals through the Service.
- You understand that the Company makes no guarantees, either express or implied, regarding the compatibility ranking system or your ultimate compatibility with individuals you meet through the Service.
- You will promptly report to the Company any violation of the Terms of this Agreement by other Registered Users.
- 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.
- 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 THE COMPATIBILITY RANKING SYSTEM OR 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.
- You acknowledge that Dating DNA reserves the right to charge for the Dating DNA Services and to change its fees from time to time in its discretion. You will never be charged a fee, however, without consenting to such charges in advance. If Dating DNA terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Charges on Your Billing Account.
- Dating DNA bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Dating DNA 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 Dating DNA to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Dating DNA reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- 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. Dating DNA MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY DATING DNA) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE DATING DNA REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS
- 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 DATING DNA 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 DATING DNA ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT DATING DNA 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 DATING DNA).
- 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 Dating DNA does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
- 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 Dating DNA 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 Dating DNA may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Your Dating DNA 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.
- Your non-termination or continued use of the Service reaffirms that Dating DNA is authorized to charge your Payment Method. Dating DNA may submit those charges for payment and you will be responsible for such charges. This does not waive Dating DNA'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.
- 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 firstname.lastname@example.org to have the charges reversed.
- 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.
- 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.
- Proprietary Rights.
- The Company owns and retains proprietary rights in the Service. The Service contains trademarks, copyrighted material, and other proprietary information of the Company, its licensees and licensors. 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 modify, publish, copy, transmit, display, distribute, perform, or sell any such proprietary information.
- 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.
- 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.
- 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.
- Limitation of liability.
- 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 OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
- The Company does not perform any initial screenings of individuals registering for the Service and 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.
- Indemnity by Registered User. You agree to indemnify and hold Dating DNA, its subsidiaries, affiliates, officers, directors, 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.
- To resolve a complaint regarding
the Service, you should first contact the Company at email@example.com
In California, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at
1020 N. Street, Suite 501,
Sacramento, CA 95814,
- 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 by post or electronic correspondence. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, at the Company's sole discretion. In the event your access to the Service is suspended, 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.
- Death or Disability.
- 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
- 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.
- "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.
- 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.
- General Provisions. You agree that California law (regardless of conflicts of law principles) shall govern this Agreement, and any dispute relating in any way to this Agreement or to your visit to the Website shall be submitted to confidential arbitration in San Diego County, California, U.S.A., except that, to the extent you have in any manner violated or threatened to violate Dating DNA's intellectual property rights or other proprietary rights or the licenses granted pursuant to this Agreement, Dating DNA may seek injunctive or other appropriate relief in any state or federal court, and you irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator shall not have the power to alter, modify, amend, add to or subtract from any term or provision of this Agreement, to rule upon or grant any extension, renewal or continuance of this Agreement, or to award damages or other remedies expressly prohibited by this Agreement, including, without limitation, punitive or exemplary damages. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If, as a matter of law, the foregoing arbitration provision is not enforceable as to a particular claim brought by one party against the other, then that claim shall be instituted solely in a court situated in San Diego County, California, U.S.A.; for this purpose, both you and Dating DNA irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts.
- Other. This Agreement contains
the entire agreement between you and Dating DNA regarding the use of
the Website and/or the 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, mail or deliver a signed and dated cancellation notice or send us a telegram, which states that you, the buyer, are terminating this Agreement, or words to similar effect, to:
Dating DNA, Attn: Cancellations,
P.O. Box 675812,
Rancho Sante Fe, CA 92067
or email notice of termination to firstname.lastname@example.org.
These Terms & Conditions were last revised on 04/17/2009.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.