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1. Acceptance of Agreement. You agree to the
terms and conditions outlined in this Terms of Use Agreement
(''Agreement'') with respect to Progressive Daters, Inc. web site
(the ''Site''). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time from time
to time by us without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Minimum Age Requirements. The services
provided by Progressive Daters, Inc. are solely for individuals 21
years of age or older. The participant verifies that he/she is 21
years of age or older by continued use of this site. If the
individual viewing this site is under 21 years of age, this
individual must cease use of this site.
3. Copyright. The content, organization,
graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site may be protected
under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 5, is
strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
4. Trademarks. Progressive Daters, Inc. may
have trademarks registered with the applicable government entity.
Other product and company names mentioned on the Site may be
trademarks of their respective owners.
5. Limited Right to Use. The viewing,
printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for
use solely by you for your own personal use and not for
republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any
content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
6. Editing, Deleting and Modification. We
reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
7. Indemnification. You agree to indemnify,
defend and hold us and our partners, attorneys, staff and affiliates
(collectively, ''Affiliated Parties'') harmless from any liability,
loss, claim and expense, including reasonable attorneys' fees,
related to your violation of this Agreement or use of the Site.
8. Nontransferable. Your right to use the
Site is not transferable. Any password or right given to you to
obtain information or documents is not transferable.
9. Disclaimer and Limits. THE INFORMATION
FROM OR THROUGH THE SITE IS PROVIDED ''AS IS,'' ''AS AVAILABLE,''
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE
INFORMATION AND SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY
DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE
CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE
TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR
MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO
THE AMOUNT PAID FOR USE OF THE SERVICES PROVIDED.
10. Use of Information. We reserve the
right, and you authorize us, to use and assign all information
regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
11. Third-Party Services. We allow access
to or advertise third-party merchant sites (''Merchants'') from
which you may purchase certain goods or services. You understand
that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK AND IS
WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All
rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We
are not responsible for information provided by you to Merchants. We
and the Merchants are independent contractors and neither party has
authority to make any representations or commitments on behalf of
the other.
13. Privacy Policy. Our Privacy Policy, as
it may change from time to time, is a part of this Agreement.
14. Disclaimer and Release. Our Disclaimer
and Release policy, as it may change from time to time, is a part of
this Agreement.
15. Payments. You represent and warrant
that if you are purchasing something from us or from Merchants that
(i) any credit information you supply is true and complete, (ii)
charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
16. Securities Laws. This Site may include
statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our
products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like ''anticipates,''
''expects,'' ''believes,'' ''estimates,'' ''seeks,'' ''plans,''
''intends'' and similar expressions are intended to identify
forward-looking statements designed to fall within securities law
safe harbors for forward-looking statements. The Site and the
information contained herein does not constitute an offer or a
solicitation of an offer for the sale of any securities. None of the
information contained herein is intended to be, and shall not be
deemed to be, incorporated into any of our securities-related
filings or documents.
17. Links to Other Web Sites. The Site may
contain links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
18. Copyrights and Copyright Agents. We
respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way
that constitutes copyright infringement, please contact Progressive
Daters, Inc. with the following information:
(a) An electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright
interest;
(b) A description of the copyrighted work
that you claim has been infringed;
(c) A description of where the material
that you claim is infringing is located on the Site;
(d) Your address, telephone number, and
e-mail address;
(e) A statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty
of perjury, that the above information in your Notice is accurate
and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
19. Refund Policy. Progressive Daters, Inc.
does not represent or warrant the success or satisfaction of the
services provided. Once services are paid-for and provided by
Progressive Daters, Inc., no refunds are available. If pre-payment
for an event is made, this amount is fully-refundable up to 48 hours
prior to the commencement of the event. The pre-payment for an event
is non-refundable within 48 hours of the event.
20. Information and Press Releases. The
Site may contain information and press releases about us. While this
information was believed to be accurate as of the date prepared, we
disclaim any duty or obligation to update this information or any
press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
21. Miscellaneous. This Agreement shall be
treated as though it were executed and performed in City of
Strongsville, County of Cuyahoga and State of Ohio and shall be
governed by and construed in accordance with the laws of the State
of Ohio (without regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth in
Section 9 and Section 11. The language in this Agreement shall be
interpreted as in accordance with its fair meaning and not strictly
for or against either party. All legal proceedings arising out of or
in connection with this Agreement shall be brought solely in the
City of Cleveland, County of Cuyahoga and State of Ohio. You
expressly submit to the exclusive jurisdiction of said courts and
consent to extraterritorial service of process. Should any part of
this Agreement be held invalid or unenforceable, that portion shall
be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that
anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. |
