1. Acceptance of the Agreement
a. Electronic Agreement. By accessing the Website you consent to have this Agreement provided to you in electronic form. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. This Agreement may be modified by the Operator from time to time, such modifications to be effective upon posting by the Operator on the Website. This Agreement includes the Operator’s Policy for Content Posted on the Website, and Privacy Policy. By accessing the Website you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to RedFoxesLLC@mvpdate.com or a letter and self-addressed stamped envelope to: MVPdate.com; 2119 26th St. South, Arlington, VA 22206.
b. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, you will not have the right to use the Website as a user or otherwise unless and until we receive a signed copy of a non-electronic version of this Agreement from you. To withdraw your consent please send an e-mail to [email address] or a letter to: [mailing address]. Your withdrawal of consent shall be effective within five (5) business days 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.
2. Eligibility. You must be at least eighteen (18) years of age and single or separated from your spouse to use the Website. By using the Website, you represent and warrant that you are at least eighteen (18) years of age, single or separated, and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Pricing. All Users will have the ability to participate in some, but not all, of the features and services available within the Website. However, only paying Users will have access to additional features and services available within the Website. Please see Membership for a description of membership benefits as well as details on current membership plans and their prices. Continuous membership rates apply to credit/debit card payments and Electronic Fund Transfer payments. All amounts are billed in U.S. dollars at the beginning of each renewal period and will appear on your credit card statement as RedFoxLLC. Your membership will be automatically extended for successive renewal periods of the same duration as the membership term originally selected at the then-current non-promotional membership rate. You may change or terminate your membership at any time by going to Account Settings or by sending the Operator written notice of termination to 2119 26th St. South, Arlington, VA 22206, or email notice of termination to RedFoxesLLC@mvpdate.com. If you terminate your membership, you'll enjoy membership benefits until the end of your then-current membership term and your membership will not be renewed after that term expires. However, you will not be eligible for a prorated refund of any portion of the membership fees paid for the then-current membership period. The Operator may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to the Operator. If the Operator terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused membership fees. All decisions regarding the termination of memberships shall be made in the sole discretion of the Operator. The Operator is not required to provide you notice prior to terminating your membership and the Operator is not required, and may be prohibited, from disclosing a reason for the termination of your membership. Even after your membership is terminated, this Agreement will remain in effect.
4. Term. This Agreement will remain in full force and effect for the duration of your use of the Website. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by users. The Website is for the personal use of individual users only and may not be used in connection with any commercial endeavors. No commercial entity may become a user. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive relief.
6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. Your Interactions with Other users. You are solely responsible for your interactions with other users. You understand that THE OPERATOR does not in any way screen its users, nor does THE OPERATOR inquire into the backgrounds of its users or attempt to verify the statements of its users. THE OPERATOR makes no representations or warranties AS TO the conduct of THE USERS OF THE WEBSITE Or their compatibility with any current or future USERS. In no event shall THE OPERATOR be RESPONSIBLE OR liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or any OTHER USER OF THE WEBSITE, including without limitation, bodily injury, emotional distress, and/or any other damages. You agree to take reasonable precautions in all interactions with other USers of the WEBSITE, particularly if you decide to meet offline or in person. You understand that THE OPERATOR makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the WEBSITE AND THE Service.
8. Content on the Website. Opinions, advice, statements, offers, or other information or content made available through the Website are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Operator 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 the Operator or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any users.
9. Content Posted by You on Website.
(a). You are solely responsible for the Content that you publish or display on the Website or transmit to other users. You will not publish or display on the Website or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that may infringe or violate another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Operator or to any other user. If information provided to the Operator, or a user, subsequently becomes inaccurate, misleading or false, you will promptly notify the Operator of such change.
(b). You understand and agree that the Operator may review and delete any content, in each case in whole or in part, that in the sole judgment of the Operator violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.
(c) By publishing or displaying content to any public area of the Website you automatically grant, and you represent and warrant that you have the right to grant, to the Operator, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by the Operator will not infringe or violate the rights of any third party.
(d) Your use of the Website including but not limited to the content you publish or display on the Website, must be in accordance with any and all applicable laws and regulations.
(e) You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.
(f) You may not engage in advertising to, or solicitation of, other users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other users. Although the Operator cannot monitor the conduct of its users off the Website, it is also a violation of these rules to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
(g) All information you include in your user profile must be accurate, current and complete.
10. Prohibited Activities. The Operator reserves the right to investigate and terminate your membership or other use of the Website, if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Website:
- You will not impersonate any person or entity.
- You will not "stalk" or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by the Operator without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content published or displayed on the Website.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Website.
- You will not interfere with or disrupt the Website or the servers or networks connected to the Website.
- You will not post, email or otherwise transmit any material that contains 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.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.
- You will not "frame" or "mirror" any part of the Website, without the Operator's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Operator or the Website in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so.
11. Membership and Charges on Your Billing Account. The provisions of this Section 11 shall solely apply to those individuals who elect to become a paid member.
(a) General. The Operator will bill you through an online account for use of the Website. You agree to pay the Operator all charges at the prices then in effect for any use of the Website by you or other persons (including your agents) using your membership, and you authorize the Operator to charge your chosen payment provider (your "Payment Method") for use of the Website. You agree to make payment using that selected Payment Method. The Operator reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Most membership plans consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. THE OPERATOR MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE THE OPERATOR REASONABLY COULD ACT. TO CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING INFORMATION CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY THE OPERATOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT). CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS.
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If the Operator does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Account upon demand.
(e) Change in Amount Authorized. If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and the Operator shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Operator may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Auto-renewal. Your membership will be automatically extended for successive renewal periods of the same duration as the membership term originally selected, at the then-current non-promotional membership rate. To change or terminate your membership at any time, go to Account Settings. If you terminate your membership, your membership rights will continue until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period.
(g) Reaffirmation of Authorization. Your non-termination or continued use of the Website reaffirms that the Operator is authorized to charge your Payment Method. The Operator may submit those charges for payment and you will be responsible for such charges. This does not waive the Operator’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Website.
(h) Free Trials and Other Promotions. Any free trial or other promotion that provides paid member level access to the Website must be used within the specified time of the trial. You must cancel your membership before the end of the trial period in order to avoid being charged a membership fee.
12. Modifications to Service. The Operator has the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that the Operator shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
13. Blocking of IP Addresses. In order to protect the integrity of the Website, the Operator reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.
14. Intellectual Property Rights. This Website is owned, maintained and published by the Operator. Copyright © 2009. The content of the Website is the property of the Operator and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos in this Website and within the content are proprietary to the Operator and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) in this communication may be registered or unregistered marks of the Operator. Nothing contained in this Website should be construed as granting any license or right to use any of the Marks in this Website without the express written permission of the Operator. Illegal or unauthorized use of the Website or any other content included in this Website is strictly prohibited.
15. User Disputes. You are solely responsible for your interactions with other users. The Operator reserves the right, but has no obligation, to monitor disputes between you and other users.
16. Privacy. Use of the Website is also governed by our Privacy Policy. If you object to anything in do not use the Website.
17. Disclaimers.
The Operator makes no representations or warranties as to the accuracy, reliability or completeness of any information on this Website. THE OPERATOR ACCEPTS NO RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION THAT IS CONTAINED ON THIS WEBSITE. IN NO EVENT SHALL THE OPERATOR BE LIABLE TO ANY PERSON OR ENTITY (UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY) FOR ANY LOSS, LIABILITY OR OTHER DAMAGE, DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO THE INNACURACY OR INCOMPLETENESS IN, ERRORS OR OMISSION IN THE DELIVERY OF, THE INFORMATION ON THIS WEBSITE. The Operator is not responsible for the conduct, whether online or offline, of any user or other user of the Website. This Website is operated by the Operator on an “AS IS,” “AS AVAILABLE” basis, without representations or warranties of any kind. THE OPERATOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, the Operator does not represent or warrant that the content on this Website is accurate, reliable, complete or current or that this Website will operate without interruption or error. The Operator makes reasonable efforts to avoid technological problems, but at any time this Website may have and may cause problems, such as viruses or other harmful components.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Operator 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 Website. 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
18. Links. The Website may provide, or third parties may provide, links to other websites or resources. Because the Operator has no control over such sites and resources, you acknowledge and agree that the Operator is not responsible for the availability of such external sites or resources, and does not endorse, sponsor or recommend and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. If you access any third party web site through this Website or otherwise, you do so at your own risk.
19. Limitation on Liability. Under no circumstances, shall the Operator and its affiliates or any of their employees, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this Website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of the Operator or its affiliates has been advised or should have known of the possibility of such damages. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. In no event shall the total liability of the Operator or any of its affiliates for any and all damages and causes of action exceed the amount paid by you, if any, for the use of this Website.
20. Jurisdiction and Choice of Law. If there is any dispute arising out of the Website, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, in Tarrant County, for the resolution of any such dispute.
21. Indemnity by You. You agree to indemnify and hold the Operator, its affiliates, officers, directors, users, partners, employees, and agents, 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.
22. 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.
23. Miscellaneous. This Agreement constitutes the entire agreement among the parties hereto with respect to the matters referred to herein, and no other agreement, verbal or otherwise, shall be binding as between the parties unless it shall be in writing and signed by the party against whom enforcement is sought. Headings to sections and subsections in this Agreement are for the convenience of the parties only and are not intended to be a part of or affect the meaning or interpretation hereof. No waiver of any provision of this Agreement shall be implied from any course of dealing between the parties hereto or from any failure by any party hereto to assert its rights hereunder on any occasion or series of occasions. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.