PriceDate.com Terms and Conditions of Use Agreement
1. Acceptance of Terms and Conditions of Use.
You must read and agree to these terms and conditions of this Agreement before you may become a registered member of our Site.
1.2 Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
1.3. Change without Notice. This Agreement is subject to change at any time, without notice. Any modifications shall be effective upon publication on the PriceDate Website.
1.4. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
a. Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue any username and password you have created. This means that you will not have the right to use the Website in any form unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
b. Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please Contact Us online by email: Support_team@pricedate.com.
c. Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
PriceDate.com DOES NOT conduct its members’ criminal background screening.
You must be at least eighteen years old (or over where 18 is not the age of majority in your jurisdiction) to view or use this Site. Membership is invalid where legally prohibited. By using this Site, you represent and warrant under penalty of perjury that you have the right, ability, and competence to enter into this Agreement and to be bound by all of the terms and conditions of this Agreement and that you are at least 18-years old (or over where 18 is not the age of majority in your jurisdiction) and wish to have an access to adult oriented information. The materials available on this Site, may inadvertently and contrary to the policy of this Site include realistic visual portrayal and/or verbal descriptions of nudity and sexual activity within the user created content, and must not be viewed by anyone who is younger than 18-years old (or over where 18 is not the age of majority in your jurisdiction) or who does not wish to be exposed to such information.
3. Information on the Website.
While every effort is made to update the information contained on this Website, neither PriceDate.com nor any third party or data or content provider make any representations or warranties, whether expressed, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the Website. PriceDate.com reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and information is offered for entertainment purposes only and is not intended for other purposes. You rely on the information contained on this Website at your own risk.
4. Trade Marks.
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this Website are registered and unregistered trademarks of PriceDate Inc. Nothing contained on this Website shall be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
5. External Links.
External links may be provided for your convenience, but they are beyond the control of the PriceDate.com and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external Websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the expressed prior written permission of PriceDate Inc. Please contact us if you would like to link to this Website or would like to request a link to your website.
6. Public Areas and User Submissions, Content and Use.
PriceDate.com is not responsible for any material submitted to the public areas by you (which may include bulletin boards, hosted pages, chat rooms, auction listings, or any other public area found on PriceDate.com). Any material (whether submitted by you or any other user) is not endorsed or approved by PriceDate.com.
Communications Decency Act. Please be informed that being an interactive computer, web-based service, PriceDate.com does NOT create, modify, edit or otherwise censure user generated content, and therefore is granted legal immunity with respect to the content created by others, as written into the law by Congress. Please see the Communications Decency Act 47 U.S.C. 230(c) for more information. This law states that an operator of an “interactive website,” whereby users may post comments or information, shall not be held liable for any content that users post on the site, including any stories written by users or otherwise emailed or published to the site.
Legal Action. PriceDate.com reserves the right to take appropriate legal action, in addition to removal of any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to:
6.1 defame, abuse, harass, stalk, threaten, promote racism, bigotry, hatred or physical harm of any kind, or otherwise violate the rights of other users or any third parties;
6.2 publish, post, distribute or disseminate any defamatory, obscene, indecent (including images of full or partial nudity) or unlawful material or information;
6.3 exploit people under the age of 18 (or over where 18 is not the age of majority in your jurisdiction) in a sexual or malicious manner, or pursue personal information from anyone under the age of 18 (or over where 18 is not the age of majority in your jurisdiction);
6.4 expose personally identifying information, including but not limited to last name, street and/or electronic address, personal phone number, etc. in PriceDate.com Public Areas;
6.5 exchange Personal Identity Information (PII) with other PriceDate.com participants. PII includes: Social Security numbers, credit card numbers, bank and credit union account numbers, health insurance plan identification numbers, driver’s license numbers, dates of birth, and other similar information associated with an individual that, if misused, might compromise that person's personal or financial security;
6.6 promote illegal activities or disseminate information encouraging participation in such activities;
6.7 offer, advertise or promote sexually oriented services;
6.8 engage in any sexual activity during PriceDate™ events;
6.9 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of PriceDate.com and/or a third party's computer systems and/or network;
6.10 violate any copyright, trade mark, other applicable United States or international laws or intellectual property rights of PriceDate Inc. or any other third party;
6.11 submit contents containing marketing or promotional material which is intended to solicit business or any commercial activity.
PriceDate Inc. reserves the right to take appropriate legal action in its sole discretion against anyone who violates these provisions.
7. Specific Use.
You agree not to engage in any sexual activity during the date or dates facilitated and scheduled through PriceDate.com.
You further agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law, and you hereby indemnify PriceDate Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees against any loss, liability, damage or expense of whatever nature which PriceDate.com or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.
8. Content on PriceDate.com.
8.1 Proprietary Rights. PriceDate.com owns and retains all proprietary rights in the Website. The Website contains the copyrighted material, trademarks, and other proprietary information of PriceDate.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
8.2 Reliance on Content, Advice, Opinion, et. al. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by PriceDate.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PriceDate.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, 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 Website. Under no circumstances will PriceDate.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
PriceDate.com makes no warranties, representations, statements or guarantees (whether expressed, implied in law or residual) regarding the Website, the information contained on the Website, yours or your company's personal information or material and information transmitted over PriceDate.com system.
10. Disclaimer of Liability.
PriceDate Inc., its subsidiaries, affiliates, officers, agents, and other partners and employees shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury , emotional distress or expense of any nature whatsoever, including reasonable attorney's fees, which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your personal information or material and information transmitted over PriceDate.com system. In particular, neither PriceDate Inc. nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, emotional distress or expense of any nature whatsoever, arising from communications and/or personal contacts with other users of this Website, whether Members or not, or persons you meet through PriceDate.com services; any delays, inaccuracies, errors in, or omission of any information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. You understand that PriceDate.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individual you meet through PriceDate.com.
11. Use of the Website.
PriceDate.com does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction (other than United States). By accessing the Website, you warrant and represent to the PriceDate.com that you are eighteen years old (or over where 18 is not the age of majority in your jurisdiction), legally entitled to do so and to make use of information made available via the Website.
12.1 Entire Agreement.
PriceDate.com may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.
No indulgence or extension of time which either you or the PriceDate.com may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
PriceDate.com shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
12.7 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts located within Richmond County, New York, United States of America in respect of any disputes arising in connection with the Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
12.8. Dispute Resolution.
a. Binding Arbitration. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against PriceDate.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against PriceDate Inc. any class action, class arbitration, or other representative action or proceeding.
b. Notice of Rights. By using the Website in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and PriceDate.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
13. Members’ Disputes.
Any complains or problems regarding participants’ personal safety should be addressed through the appropriate local law enforcement agencies. PriceDate.com will only deal with disputes regarding PriceDate.com rules violations.
PriceDate.com does NOT investigate Members claims. As a part of Registration process, you explicitly agree to accept the PriceDate.com penalty and dispute resolution rules listed below, and to indemnify PriceDate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees of any responsibility for the actions of Members and other participants related to any PriceDate.com activities.
If any issues arise during a PriceDate™ (e.g. Dater did not show up for the PriceDate™, Dater did not spend full two hours with Winner, either party behaved inappropriately or aggressively, etc.), both participants have the option to file a complaint with PriceDate.com (a link is provided on the PriceDate™ auction’s page). No complaints are accepted past 2 hours from the PriceDate™ scheduled end time.
If the Site’s members file a complaint after a PriceDate™ event you agree that the dispute will be resolved as follows:
- Any PriceDate.com rules violation occurring at a PriceDate™ will be considered a mutual fault of both participants.
- Winner will be issued a refund in the amount of 50% of the winning bid minus 3% auction fee. Winner will receive one penalty point.
- Dater will be paid 50% of the winning bid minus 3% auction fee. Dater will be suspended from using PriceDate.com for the period of one month from the date of the disputed PriceDate™.
Attempts to resolve Members’ dispute in any manner or way other than that explicitly expressed in this Agreement will result in an immediate and permanent Member’s ban from this Site.
Accumulation of three penalty points will result in member’s month long suspension from PriceDate.com.
Accumulation of three suspensions will result in member’s permanent ban from PriceDate.com.
PriceDate.com reserves the right to revise the penalty and dispute resolution rules at any time at PriceDate.com sole discretion.
PriceDate.com reserves the right to ban any member at any time at PriceDate.com sole discretion.
14. Members’ Safety.
Any complains or problems regarding participants’ personal safety should be addressed through the appropriate local law enforcement agencies.
Attention residents of New Jersey, New York, Florida, and wherever applicable: PriceDate.com DOES NOT conduct its members’ criminal background screening.
Please be advised that:
• Anyone who is able to commit identity theft can also falsify a dating profile.
• There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
• Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in your internet profile or e-mail messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
• If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a safe public place with many people around.
15. U.S. Export Controls.
Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Indemnity by You.
You agree to indemnify and hold PriceDate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement.
17. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
18. Other and Amendments.
This Agreement contains the entire agreement between you and PriceDate.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by PriceDate.com at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the PriceDate.com website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your membership. If you continue your membership, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your membership at such time, your use of the Website after your termination will constitute acceptance by you of the Agreement.
Please contact us with any questions regarding this Agreement. PriceDate.com is a trademark of PriceDate Inc.
Last Updated 10/01/2013
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.