Terms of Service
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. These Terms of Service are a binding agreement, and by accessing, browsing, downloading, registering for, or using the 2date4love.com’s website (the “Website”), operated by New Expectations Dating, Inc. ("NEDI" or the “Company”) a California Corporation, you acknowledge that you have read understood and agree to be bound by these terms of Service, including any additional policies and future modifications. So if at any time you do not agree to these Terms of Service, please do not use the Website. The Company may offer additional services or revise the existing services, at its sole discretion, and use of, or participation in, certain services may be subject to additional terms, for which you will have the opportunity to review and accept those terms. Should you have any questions or comments, do not hesitate to send them at firstname.lastname@example.org.
1. Registration as a User
1.1 This Website provides information related to companionship, romantic and dating relationships, offering intimacy without intercourse in the private area of the Website reserved for registered users. Registration to the Website allows a registered user (“User”) full access to the information in the private area of the Website.
1.2. By registering as a User:
1. you agree to abide by the Terms of Service, whose violation may result in the discontinuation of the registration with the Website.
2. you agree to provide the Company with true, accurate and complete information about yourself, and maintain and promptly update such information.
3. you agree not to assign, transfer or sublicense your rights as a User of this Website nor register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
4. you represent and warrant that you are at least 18 years old.
2. Online Dating service
2.1. This Website provides an online dating service, specifically designed to companionship, romantic and dating relationships, offering intimacy without intercourse , (the “Service”), to registered members, who have enrolled in a paid membership plan (“Members”).
2. 2. Pursuant to Section 1694.2 of the California Civil Code, and for California Residents entering into a membership agreement, you, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller'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 notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: New Expectations Dating, Inc./2date4love.com 31441 Santa Margarita Pkwy #113, Rancho Santa Margarita, California, 92688. Cancellation occurs when the buyer gives written notice of cancellation by mail, telegram, or delivery to the seller at the address specified in the agreement or offer. The date of the contract is the date when you subscribe electronically to a membership plan effective immediately upon the electronic submission of the subscription form.
2.3. Pursuant to Section 1694.3 of the California Civil Code, and for California Residents entering into a membership agreement,
2.3.1. if by reason of death or disability, you, the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's 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 if the physician determines that the duration of the disability will be less than six months, in which case the Company may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation. If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or his or her representative. For the purposes of this paragraph, "disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to the Company.
2.3.2. If the buyer relocates his or her primary residence further than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to that relocation, and if the buyer has prepaid any amount for dating services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer.
2.4. The membership fee is set forth in the pricing section of the Website. The paid membership plan will run for the fixed period and will auto renew.
2.5. The Company may decide to waive all or part of the membership fee for certain beta features of the Service, subject to section “beta features” of these Terms of Service.
2.6. All Members shall acknowledge the specific nature of the Service and shall set their expectations accordingly.
3. Personal Information
The Company shall collect and use the personal data according to its then current Privacy Statement1.
4. Online Safety
The safety of the Members is important to the Company. The Members should review the Online Safety Tips posted on the Website. In addition, Members are encouraged to notify the Company of any problem related to their interaction with others Members and the Company will liaise as necessary with the relevant authorities.
5. Cancellation Policy
5.1 You can discontinue your registration as a User for the use of the private section of the Website at any time. However, you will not be entitled to any refund.
5.2. You can discontinue your subscription to the online dating services at any time. You will be entitled to a refund only: (i) according to a cancellation notice, as per section 2.b and 2.c of these Terms of Service, or (ii) if you are not genuinely satisfied with our online dating services, and you have requested to be refunded under our Satisfaction Guarantee within 3 days of subscription of the membership plan. Any refunds will be made within 10 days after the Company’s receipt of the cancellation notice or request as the case may be.
6. Community Standards
6.1. You acknowledge that all content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
6.2. You agree not to use this Website to:
6.2.1 Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
6.2.2. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
6.2.3. Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of NEDI, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with NEDI, or our affiliates or any other person or entity;
6.2.4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
6.2.5. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6.2.6 Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
6.2.7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose; materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6.2.8. Disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
6.2.9. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
6.2.10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
6.2.11. "Stalk" or otherwise harass another user or employee of this Website; or
6.2.12. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or Access or attempt to access another user’s account without his or her consent;
6.3. Your privilege to use this Website and contribute to discussions on the community areas depends on your compliance with the community standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms of Service, we may terminate, in our sole discretion, your use of, or participation in, any community area.
7. Intellectual Property
7.1. You have only a limited license to use the Website for the following purposes: viewing and browsing this Website; registering with the Website accessing the personal information once registered with the Website and other use reasonably intended for by the Website.
7.2. You shall not copy, reproduce, republish, post, transmit or distribute in any way, any material from this Website.
7.3. You agree to keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Company's intellectual property rights. For purposes of these Terms of Service, the use of any such material on any other web site or electronic network medium is prohibited. All trademarks, service marks, and trade names are property of the Company. In the event you download anything from the Website, any files, images, or data are licensed to you by the Company for the limited use described in the preceding paragraph 7.1.
7.4. The Company transfers no right, title or interest to the materials, software embedded or used in the Website to you. The Company retains full and complete title to the Website, software, and all intellectual property rights therein, except the third party content.
7.5. You may not redistribute, sell, decode, reverse engineer, and disassemble any part of the Website. You are prohibited from using any automated system, robots or software to extract data from this Website for commercial purposes (“screen scraping”).
7.6. If you are interested in gaining permission for online use of photos, or permission to use our logos, please send us an email outlining the specifics of your request. You expressly recognize and agree that the Company's trademarks are the sole property of the Company. You do not have any right, title or interest in such or any use thereof, including but not limited to the reproduction of any such trademarks. You agree that all the trademarks have great value and good will and, in the event of a breach of this section, injury to the Company would be irreparable and, therefore, injunctive relief to protect the Company's interests would be appropriate (without limitation as to other damages which might be allowed by law).
8.1. These Terms of Service apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
8.2. You may order services, merchandise or other products through our Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
9. No Warranties
9.1. This site is provided "as is", “as available”, and “with all faults” and without warranties or representations of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, accuracy, reliability, non-infringement, or warranty related to any data, including third-party software, commercial content, Website Services, applications made available in conjunction with or through the Website. In no way does the Company warrant the Website or its operation will be error-free or uninterrupted. In no way does Company warrant that defects will be corrected, or that the site is free from viruses and the like.
9.2. In no way, does Company warrant use of the Website in terms of accuracy, reliability, or otherwise.
9.3. Furthermore, the Company expressly disclaims any responsibility for the accuracy or reliability of sites that link to or from the Website that are not published by the Company.
9.4. You expressly agree that the use of the Company Website is at your sole discretion and risk. You thus agree to be solely responsible for any damage to your property (including your computer system, network connection or mobile devices) or loss of data that may result from the use of the Company Website.
10. Beta feature
From time to time, the Company may offer new "beta" features or tools with which its users may experiment on the Service. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at the Company's sole discretion.
11. Medical Disclaimer
This Website may provide information related to sexual intimacy in the context of sexual disorders and dysfunctions to the Users. NEDI is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
12. Account Security
You are solely responsible for the security of your user name and password. The Company will not be liable for any loss encountered as a result of unauthorized activity within your account.
13. No screening
13.1 The Company does not take responsibility in checking the truth or accuracy of any information posted to the website, nor does it undertake to screen the content of any information provided to it, or guarantee the proper use of such information by any party, including its Members.
13.2 IMPORTANT: THE COMPANY DOES NOT CONDUCT ANY CRIMINAL BACKGROUND SCREENINGS ON ITS REGISTERED MEMBERS. HOWEVER, THE COMPANY RESERVES THE RIGHT TO NOTIFY THE AUTHORITIES OF ANY SUSPICIOUS ACTIVITY.
You agree to indemnify, save, and hold Company, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. Limitation of Liability and Damages.
15.1. Limitation of Liability. To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation lost business, lost revenues or loss of anticipatory profits or any other pecuniary or non pecuniary loss or damage of any nature whatsoever) arising out of or relating the use or misuse of the Website, or any part thereof, even if Company has been advised of the possibility of such damages.
15.2. Limitation of Damages. To the fullest extent permitted by applicable law, in no event will Company or its affiliates, contractors, employees, officers, agents, counsel, or third party partners, licensors, or suppliers’ total liability to you for all damages, loses, and causes of action, arising out of or relating the use or misuse of the Website, or any part thereof, (whether in contract, tort, warranty or otherwise) exceed the amount paid by you, of any, to Company during the six months period immediately preceding the date of the claim or fifty US dollars, whichever is lesser.
16. Release for disputes between Registered Members
16.1 In the case, you have a dispute with one or more Members, you expressly release Company (and Company's officers, agents, counsel and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
16.2. If you are a California resident, you expressly waive the provisions set forth in California Civil Code Section 1542, which stipulates: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
17. Governing law and Jurisdiction
17.1. The Website is created and controlled by the Company in the State of California. These Terms of Service shall be construed according to the substantive laws of the State of California, without regard to its conflict of law provisions.
17.2. It is a condition precedent to the use of the Website, that you and any party accessing the Website on your behalf irrevocably submit to the sole and exclusive jurisdiction of the state court located in Orange County, California in the United States Federal Court for the State of California for the determination of disputes arising under these Terms of Service. In the absolute and sole discretion of the Company, a legal action may be brought by the Company against any party in breach of these Terms of Service, at its election, in the United States or the place of breach or the domicile of that party, and, if more than one party, in the domicile of any one of those parties, and all other parties shall submit to that jurisdiction.
17. 3. The prevailing party to litigation or other proceeding under these Terms of Service shall be awarded its reasonable attorney fees, and costs and expenses incurred.