Dateafied Terms of Use
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 13.
These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the Dateafied.com Site and/or the Dateafied.com Services (as defined below). Certain Dateafied.com Services are subject to additional policies, rules and terms and conditions, which you may be required to agree to as a condition of using those Services ("Additional Terms"). In those cases, the applicable Additional Terms are set forth in the printed or online Service materials relating to those Services.
Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Members").
This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against Dateafied.com to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Section 13 "Agreement to Arbitrate") no later than 30 days after the date you first use the Dateafied.com Site or Services. Unless you opt out: (1) you will only be permitted to pursue claims against Dateafied.com on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
These Terms include the Dateafied.com Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
These Terms are subject to change by Dateafied.com at any time, subject to the following notification process. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
For purposes of these Terms, and except to the extent expressly excluded below, the "Site" shall mean www.Dateafied.com and any other websites, web pages, mobile applications and mobile websites operated by Dateafied.com, LLC ("Dateafied.com" or "we") in the United States, and the "Services" shall mean any of the various services that Dateafied.com provides through the Site or any other channels, including without limitation, over the telephone.
However, the terms "Site" and "Services" do not include or involve the following:
Third-party entities such as dating sites, dating apps, and other services that may use the Dateafied.com Site or Services to market their services.
Description of Services; Limitations; User Responsibilities
1.1 About Our Services
We verify our member’s background and facial identity for transparency in dating and other services. Validating the User’s personal facts and representations described as follows. Such services would provide a degree of validation, to third parties viewing this information, that such personal facts and representations are, in fact, true:
1. personal identity (User’s actual name and residency location information),
2. all other User names, if any, used in defined locations or jurisdictions,
3. dates of included pictures,
4. absence of any criminal background, based on checks in defined federal and state jurisdictions,
5. absence of any bankruptcies,
6. absence of inclusion on sex offender watchlists, child abuse & neglect repositories or terrorist watch lists.
We also provide functionality that allows potential dates the ability to look up and verify a member based on their unique ID number.
In order to get awarded a Date Verified badge, a member must not have any of the following:
the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving:
any felony;
any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs, or
any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
registered, or currently required to register, as a sex offender with any government entity.
Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference.
To obtain the background check report, we utilize a third-party agency on individual members who consent to the running and sharing of those reports.
We provide an online community for members to communicate and share information with other members who share a common interest or bond.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
Upon payment, the user will receive a text & email communication with a personalized link to a secure portal where the member will fill out their name and date of birth. The reporting agency will run through a proprietary electronic search database, as well as searches of public records from national, federal and county courthouses, from the previous seven years. In addition, personal court-runners are also utilized. The search will only return information for offenses committed after 18 years of age. The background check process typically takes 3-5 business days. If there are no red flags on our said criteria then the individual is awarded a Date Verified badge that can be utilized on their preferred dating sites and apps. Being Date Verified is not contingent solely on payment and not everyone who pays will automatically receive a badge. If an individual does not meet our criteria the individual will be given a copy of the background report, an email communication explaining why they’re not eligible and a way to rectify it if they so choose.
1.2. Limitations of our Services
We offer the verification of our members’ background to help them find love and companionship. However, except where specifically provided in these Terms, in any applicable Additional Terms, or on the Site itself.
We do not employ any members and are not responsible for the conduct, whether online or offline, of any member or other user of the Site or Services. Members are responsible for compliance with all applicable dating sites and apps they utilize.
Member content is primarily user generated. We do not control or vet user-generated content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any information provided by Members on or off the Site. We do not assume and expressly disclaim any liability that may result from the use of information provided on our Site.
We do not refer or recommend specific Members nor do we make any representations about the suitability, personality, beliefs, integrity or actions of the members whether in public, private or offline interactions. Any screening of a Member and his, her or its information by Dateafied.com is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual's or entity's suitability as a romantic partner.
We are not a dating site, and we do not secure or procure dates or matches for any members.
We do not control, monitor, supervise, or oversee the quality, personality, manners, actions or any other aspect of a member’s dating conduct.
We do not provide any medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears in Section 9 below for important limitations on Dateafied.com's liability to which you are agreeing by using the Site and Services.
We reserve the right to communicate solely by email and USPS mail and expedited delivery.
1.3. User Responsibilities
Interested partners are solely responsible for communicating, and finding out if a Member is a suitable and desirable romantic partner.
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria:You intend to use the Site and Services solely for the purpose of finding or meeting a friend or partner.
Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the Site or Services.
The Site and the Services are currently available only to individuals who reside legally in the United States.
If you are registering to be a Member, you must physically live in the United States.
You must not be a competitor of Dateafied.com or using our Services for reasons that are in competition with Dateafied.com.
1.4 Location
Dateafied makes no representation that the Sites is appropriate or available in other locations other than where it is operated. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dateafied to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.5 Site Management
Dateafied reserves the right but does not have the obligation to:
A. monitor the Sites for violations of this Agreement;
B. take appropriate legal action against anyone who, in Dateafied sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
C. in Dateafied sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Dateafied policy;
D. in Dateafied sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to Dateafied systems;
E. otherwise manage the Sites in a manner designed to protect the rights and property of Dateafied and others and to facilitate the proper functioning of the Sites.
1.6 Electronic Contracting
Your use of the Dateafied Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE DATEAFIED SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
1.7 Electronic Signatures
Sites allows users to use electronic signatures. Users are allowed on Dateafied.com to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on Dateafied.com.
2. Rules for User Conduct and Use of Services
2.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the Site or Services, whether to Dateafied.com or to other registered users or site visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, "post"):Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding a romantic partner or friend or for finding or sharing information relating to dating.
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
Unless otherwise permitted by Dateafied.com, all Content you post will be in English as the Site and Services generally are not supported in any other languages.
You are solely responsible for any Content that you post on the Site or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, 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), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from Dateafied.com where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to Dateafied.com or to any other user of the Site, and all opinions stated as part of Content must be genuinely held.
You understand and agree that Dateafied.com may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in the sole judgment of Dateafied.com violates these Terms or which Dateafied.com determines in its sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
You have the right, and hereby grant, to Dateafied.com, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Dateafied.com will not infringe or violate the rights of any third party.
Your use of the Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.
We welcome your feedback and questions about the Site and Services. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the Site, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of Dateafied.com and we may use all such communications, all without notice to, consent from, or compensation to you.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT DATEAFIED MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE DATEAFIED SERVICES OR THE SITES.
We do not control or vet such Content for accuracy of members, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by members on or off the Site, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold Dateafied.com harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this Site or in any other venue.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site, but not directly by Dateafied.com, are those of their respective authors. Such authors are solely responsible for such content. Dateafied.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through 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 Site or through the Service. Under no circumstances will Dateafied.com or its Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or (b) reviews or comments made about you on the Site by other users.
You agree that Dateafied.com has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity.2.2. Exclusive Use
You may use your account only for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.2.3. Prohibited Uses
By using the Site or Services of Dateafied.com, you agree that you will not under any circumstances:use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
use the Site or Services for any fraudulent or unlawful purpose, for any purpose unrelated to care or caregiving, or for any other purpose not expressly intended by Dateafied.com;
harass, abuse or harm another person or group, or attempt to do so;
use another user's Dateafied.com account;
provide false or inaccurate information when registering an account on Dateafied.com, using the Services or communicating with other Registered Users;
attempt to re-register with Dateafied.com if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
interfere or attempt to interfere with the proper functioning of Dateafied.com's Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data (whether manually or through automated means);
use the communication systems provided by or contacts made on Dateafied.com for any commercial solicitation purposes other than those expressly permitted by Dateafied.com;
publish or link to malicious content intended to damage or disrupt another user's browser or computer.
Should Dateafied.com find that you violated the terms of this Section or any terms stated herein, Dateafied.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. This obligation shall be in addition to any other rights Dateafied.com may have under these Terms or applicable law. Further, in order to protect the integrity of the Site and the Services, Dateafied.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
2.4 Purchases; Payment
Dateafied may offer free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites If you wish to try our free options please read through them carefully first. Dateafied will bill you through an payment provider for our Services. By using our paid options you agree to pay Dateafied all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize Dateafied to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Dateafied reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Dateafied . Dateafied may change prices at any time. All payments shall be in U.S. dollars. All sales are final and no refunds shall be issued.
2.5 User Representations
By using the Dateafied Services, you represent and warrant that:
A. all registration information you submit is truthful and accurate;
B. you will maintain the accuracy of such information;
C. you will keep your password confidential and will be responsible for all use of your password and account;
D. you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use our Sites; and
E. your use of the Dateafied Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites's registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dateafied has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dateafied has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.
2.6 Dating Sites and Apps
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY DATING SITE OR APP IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Dateafied makes no effort to review any other site or app for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Dateafied is not responsible for any other site & app Content.
2.7 Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Sites or the Dateafied Services ("Submissions") provided by you to Dateafied are non-confidential and Dateafied (as well as any designee of Dateafied) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
2.8 Prohibited Activities
You may not access or use the Sites for any other purpose other than that for which Dateafied makes it available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Dateafied. Prohibited activity includes, but is not limited to:
• attempting to bypass any measures of the Sites designed to prevent or restrict access to the Sites, or any portion of the Sites
• attempting to impersonate another user or person or using the username of another user
• criminal or tortious activity
• deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Sites
• deleting the copyright or other proprietary rights notice from any Sites’ content
• engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools
• except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Sites, or using or launching any unauthorized script or other software
• harassing, annoying, intimidating or threatening any Dateafied employees or agents engaged in providing any portion of the Dateafied Services to you
• interfering with, disrupting, or creating an undue burden on the Sites or the networks or services connected to the Sites
• making any unauthorized use of the Dateafied Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
• selling or otherwise transferring your profile
• systematic retrieval of data or other content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Datefied
• tricking, defrauding or misleading Dateafied and other users, especially in any attempt to learn sensitive account information such as passwords
• using any information obtained from the Sites in order to harass, abuse, or harm another person
• using the Dateafied Services as part of any effort to compete with Dateafied or to provide services as a service bureau
• sing the Sites in a manner inconsistent with any and all applicable laws and regulations
2.9 Intellectual Property Rights
The content on the Sites (“Dateafied Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Dateafied, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Dateafied Content, includes, without limitation, all source code, databases, functionality, software, Sites’ designs, audio, video, text, photographs and graphics. All Dateafied graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Dateafied in the United States and/or other countries. Dateafied trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Dateafied.
Dateafied Content on the Sites is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Sites, you are granted a limited license to access and use the Sites and the Dateafied Content and to download or print a copy of any portion of the Dateafied Content to which you have properly gained access solely for your personal, non-commercial use. Dateafied reserves all rights not expressly granted to you in and to the Sites and Dateafied Content and Marks.
3. Background and Verification Checks
3.1 Dateafied.com offers to individuals who have registered as members a background check service from third-party agency ("Background Checks").
Each of these Background Checks is regulated by the Fair Credit Reporting Act ("FCRA"), and the background reports resulting from these services are considered "consumer reports" under FCRA. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports.
Dateafied.com will receive a copy of each Background Check you order or authorize through Dateafied.com. See Section 4.4 below for information regarding Dateafied.com's use of these Background Checks. You are responsible for making sure that the email address you provide to Dateafied.com is correct, knowing that sensitive information will be sent to it.
If you have ordered a Background Check on yourself from a third-party consumer reporting agency through Dateafied.com, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or Registered User without your specific authorization.3.2. Background Check Offerings Available to Individuals Who May Not Have Registered As a Member
Through certain pages of the Site, we may from time to time offer to individuals who may or may not be a member the opportunity to purchase certain background checks on potential dates who are not necessarily registered on Dateafied.com. These background checks are performed by a third-party consumer reporting agency and are subject to the terms of Section 4.1, 4.3, and 4.7 except that (i) references to members shall refer to individuals who order the checks, (ii) references to members shall refer to individuals who authorize the check to be performed on themselves.3.3. Special Responsibilities of Users of Background Check under FCRA
The use of any background check reports obtained through the Site is governed by the federal Fair Credit Reporting Act ("FCRA") and certain state laws. If you order or request access to background check for another person, you are considered an end user of the check, and must agree to a required End User Certification before the check will be processed. This End User Certification requires you to certify that you will comply with the FCRA and any applicable state laws, and summarizes key legal obligations.3.4 Dateafied.com May Review and Use Background Checks You Order or Authorize About Yourself
By registering for and using the Site or Services as an member, and subject to your authorization, you acknowledge and agree that Dateafied.com may review and use any Background Checks you have ordered or authorized about yourself, which is not considered an employment purpose pursuant to the FCRA. Dateafied.com reserves the right to not award you Date Verified based on the information contained in such report, even if such information was subsequently dismissed.
If Dateafied.com terminates your membership or access to the Site on the basis of information in a Background Check, we will notify you and provide you the name and contact information of the reporting agency that created the report. We will also provide you a copy of the report unless the reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Dateafied.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these Background Checks. Furthermore, any inaccuracies in the report must be addressed with the reporting agency that issued it and not Dateafied.com.3.5 Dateafied.com May Order and Use Background Screenings About You
By registering for and using the Site or Services as a member, you hereby acknowledge and agree that Dateafied.com has the right, but not the obligation, to use a third-party reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our Site and its users, which is not to be deemed an employment purpose under the FCRA. Subject to certain additional disclosures and authorizations, if applicable to you as a member, Dateafied.com may order these screenings when you register with Dateafied.com and thereafter in connection with your continued use of our Services and/or interaction with our Site.
The background reports resulting from these services may be considered "consumer reports" under FCRA.
You understand and agree that Dateafied.com may review the information provided by the third-party reporting agency and that Dateafied.com retains the right to terminate your Dateafied.com registration based on the information it receives from these checks, even if such information was subsequently changed or corrected. If Dateafied.com terminates your membership or access to the Site on the basis of information in a background report, we will notify you and provide you the name and contact information of the reporting agency that created the report. We will also provide you access to a copy of the report unless the reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that Dateafied.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the reporting agency that issued it (and not Dateafied.com) within the time period specified in your notice. Notwithstanding this, you agree that Dateafied.com is under no obligation to reinstate any accounts it may have terminated even if the information that led to the termination is subsequently changed or corrected.
BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A MEMBER, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW DATEAFIED.COM TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE DATEAFIED.COM.3.6. Dateafied.com May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties
By registering as a member, subject to your additional authorization, you authorize Dateafied.com, and acknowledge that for purposes of promoting the safety and integrity of its Site and Service, Dateafied.com reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true ("Verification Checks"). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
You agree that Dateafied.com may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for Dateafied.com.
You also hereby represent, understand and expressly agree that Dateafied.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A MEMBER SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW DATEAFIED.COM TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE DATEAFIED.COM3.7 Important Limitations About Background Checks; Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks
SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.
This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through Dateafied.com; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check.Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Dateafied.com from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
To the extent Dateafied.com performs such checks on members, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
4. Termination
Dateafied.com reserves the right, in its sole discretion, to immediately terminate your access to all or part of the Dateafied.com Site and/or Services, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your account with Dateafied.com, with or without notice for any reason or no reason in its sole discretion, including without limitation if Dateafied.com should determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a member, have mis-used or mis-appropriated Site content, including but not limited to use on a "mirrored," competitive, or third-party site. Upon termination, Dateafied.com shall be under no obligation to provide you with a copy of any content posted by or about you on the Site. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any individual's use of the Site or the Services, Dateafied.com has the right, but not the obligation, to send a notice of such termination to other members with whom we believe the individual has corresponded. Our decision to terminate an individual's registration and/or to notify other members with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual's character, general reputation, personal characteristics, or mode of living.
5. Privacy
Dateafied.com uses the information you provide on the Site or via the Services or in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
6. Links To External Sites
Links from the Site to external sites (including external sites that are framed by Dateafied.com) or inclusion of advertisements and other third-party content on the Site, do not constitute an endorsement by Dateafied.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users' reference and convenience. Dateafied.com does not control third-party sites or content, and is not responsible for them. Such sites and content are governed by their respective owners' terms of use and privacy policies, and not these Terms or Dateafied.com's Privacy Policy.
Dateafied.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Dateafied.com harmless from any liability that may result from the use of links that may appear on the Site.
6.2 Third Party Websites and Content
The Sites contains (or you may be sent through the Sites or the Dateafied Services) links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party accessed through the Sites or any Third Party Content posted on, available through or installed from the Sites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Sites and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Sites or relating to any applications you use or install from the Sites. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Dateafied takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
7. Payment And Refund Policy
In order to utilize some Dateafied.com Services or product offerings, the user of such Services or product offerings must pay Dateafied.com either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state or local sales taxes associated with the Services or product offerings purchased.
8. Billing and Payment
8.1 If you sign up for a Dateafied.com paid membership subscription, or for a Service or product that includes a recurring fee, you agree to pay Dateafied.com all charges associated with the subscription, Service, or product you choose, as described on the Site at the time you submit your payment information. You also authorize Dateafied.com, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, Service, or product. Dateafied.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services or product offerings we may offer for a non-recurring fee, you authorize Dateafied.com to charge your chosen payment provider for the Services and/or products you purchase. You agree that if Dateafied.com already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services or products you purchase.
8.2 Automatic Subscription Renewal and Cancellation
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE SITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
You may cancel your paid membership subscription at any time by emailing greg@dateafied.com . If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
8.3 Free Trial Offers
Dateafied.com may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for a Dateafied.com Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, unless he or she cancels before the expiration of the free trial period, the user will be charged the price then in effect for a subscription to the Service, unless otherwise informed by Dateafied.com at the time of original subscription. If a user does not want to continue with the Service after the expiration of the free trial period, the member must downgrade or cancel their subscription, and request a refund of the subscription fee within thirty (30) days of being charged the subscription fee for the Service. Upon cancellation, the member’s credit card will be refunded for the amount of the most recent subscription charge so long as he or she has not used the subscription after the expiration of the free trial period.
8.4 Refund Policy
Except as set forth in these Terms or as described on the Site at the time you make a purchase, all payments for subscriptions, services or products made on or through the Site or Services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
9. Release of Liability for Conduct and Disputes
By using this Site or our Services, you hereby represent, understand, and expressly agree to release and hold Dateafied.com (and Dateafied.com's officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, or your employer, if you enrolled in Dateafied.com through their employer's benefits program, ("Affiliates")) harmless from any claim or controversy that may arise out of:
the actions or inactions of, or the relationship between, you and any member or other user(s) of the Site
any information, instruction, advice or services created by any member, or other third party that appeared on, or was communicated through, the Site
10. Dateafied.com and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
11. Age Restrictions
Dateafied.com is intended for people 18 or over. Dateafied.com will not knowingly collect any information from individuals under 18. Should we determine that you do not meet the age requirements for using our Site or Services, your registration will be terminated immediately. Users under 18 may NOT register for the Sites. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Dateafied Services.
12. Disclaimers; Limitations; Waivers; Indemnification
12.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is," "as available." Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Dateafied.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Dateafied.com DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DATEAFIED.COM (3) WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DATEAFIED.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, DATEAFIED.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE AS A POTENTIAL DATE OR FRIEND. IN NO EVENT WILL DATEAFIED.COM OR ITS INFORMATION PROVIDERS BE LIABLE IN ANY WAY WITH REGARD TO SUCH INFORMATION. YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.12.2. Assumption of Risk
While Dateafied.com takes certain steps to help promote the safety of our Site and Services, finding companionship or friendship via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of members, and we cannot guarantee that all of your interactions with other members, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the Site and the Services, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the Site or the Services. You also agree not to rely solely on steps Dateafied.com may take to vet or screen members, or otherwise to promote the safety of the Site and Services. You further agree to take all necessary precautions if interacting, communicating, meeting in person with other site visitors, members, their families, and others associated with them. IN NO EVENT WILL DATEAFIED BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SERVICE; THE ACCESS, USE OR OPERATION OF ANY SERVICE; OR ANY DEFECTS OR ERRORS OF ANY KIND IN ANY SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF THE SERVICES. IF APPLICABLE LAW IN YOUR STATE DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DATEAFIED TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SERVICES.12.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will Dateafied.com be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Dateafied.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL DATEAFIE.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID DATEAFIED.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.
No Liability for non-Dateafied.com Actions. IN NO EVENT WILL DATEAFIED.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Dateafied.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 Site. 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.THE SERVICES, INCLUDING BUT NOT LIMITED TO THE SITE, TOOLS AND CONTENT CONTAINED THEREIN, IS PROVIDED TO YOU “AS IS.” DATEAFIED DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY GUARANTEE IN REGARD TO THE QUALITY, CONDUCT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES RELATING TO ANY OF THE MEMBERS ABOUT WHICH INFORMATION IS POSTED ON THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY MEMBER, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DATEAFIED IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. You shall exercise your own independent judgment in determining the applicability, accuracy, reliability and suitability of the Service for your purposes.
12.4. Indemnification
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless Dateafied.com and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by Dateafied.com and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law, or (iii) any relationship or agreement formed with a member using the Site or Services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Dateafied.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Dateafied.com. Users further agree to hold harmless Dateafied.com and its Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
13. Agreement to Arbitrate
13.1 Agreement to Arbitrate
This Section 13 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth in Section 13.8 below, you agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and Dateafied.com or a Dateafied.com Affiliate, whether relating to these Terms (including any alleged breach thereof), the Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.13.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND DATEAFIED.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND DATEAFIED.COM EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AGAINST DATEAFIED.COM AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DATEAFIED.COM MEMBERS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.13.3 Pre-Arbitration Dispute Resolution
Dateafied.com is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us at greg@dateafied.com.13.4 Arbitration Procedures
If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration and not in courts of general jurisdiction. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Dateafied.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Dateafied.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Dateafied.com, unless the arbitrator requires otherwise.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise and all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Dateafied.com users, but is bound by rulings in prior arbitrations involving the same Dateafied.com user to the extent required by applicable law.13.5 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the arbitration rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Dateafied.com will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dateafied.com will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Dateafied.com for all fees associated with the arbitration paid by Dateafied.com on your behalf that you otherwise would be obligated to pay under the arbitration’s rules.13.6 Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.13.7 Opt-Out Procedure
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. For new Dateafied.com members, the Opt-Out Notice must be sent no later than 30 Days after the date you use our Site or Services for the first time. You must email the Opt-Out Notice to greg@dateafied.comThe Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to log in to the Dateafied.com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, Dateafied.com will likewise not be bound by these arbitration provisions. All other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. Dateafied.com users who accepted a previous version of these Terms that included an arbitration agreement, and who did not timely opt out of that arbitration agreement, remain bound by the last arbitration agreement that they accepted. Upon receipt of a valid Opt-Out Notice, Dateafied.com will provide the opting out user with a copy of the arbitration agreement from the last version of the Terms that the user accepted, if any exists.
13.8 Future Changes to this Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, such change shall not be effective until at least 60 days from the date of posting, and shall not apply to any claim that was filed in a legal proceeding against Dateafied.com prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against Dateafied.com prior to the effective date of removal.
14. Governing Law and Jurisdiction
These Terms, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall be governed by the laws of the State of Delaware, including Delaware's statutes of limitations governing your claim, without giving effect to its principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement.
Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Dateafied.com must be resolved exclusively by a state or federal court located in the State of Delaware.
You and Dateafied.com agree to submit to the personal jurisdiction of the courts located within the State of Delaware for the purpose of litigating all such claims or disputes.
15. Consent to Electronic Communication
By using the Site or Services of Dateafied.com, you agree to allow Dateafied.com to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of Background Checks and Preliminary Membership Screens) from Dateafied.com via the Dateafied.com Site, mobile application, online messaging platform, or e-mail. You also agree to check your Dateafied.com account, alerts, and messages, and the e-mail account reflected on your Dateafied.com on a reasonably regular basis to stay apprised of important notices and information about your account.
16. Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
17. Severability
If a court decides that any term or provision of these Terms other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 are invalid or unenforceable, then the entirety of Section 13 shall be null and void. The remainder of the Terms will continue to apply.
18. Contact Information
If you have any questions or need further information as to the Site or Services provided by Dateafied.com, or need to notify Dateafied.com as to any matters relating to the Site or Services please contact Dateafied.com at:
Copyright Agent
Dateafied.com, LLC.
Attn: Legal Department
21420 N 38TH PL. PHOENIX, AZ 85050-4969
Dateafied.com and "There for you" are service marks or registered service marks of Dateafied.com, LLC. © Dateafied.com, Inc. All rights reserved.