Last Modified: OCTOBER 11, 2017
*IMPORTANT: PLEASE READ CAREFULLY*
I. AGREE THAT THIS AGREEMENT IS A LEGALLY BINDING AND VALID AGREEMENT;
II. ACCEPT THIS AGREEMENT AND AGREE TO BE LEGALLY BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN;
III. REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE;
IV. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATION, ORGANIZATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CORPORATION, ORGANIZATION OR LEGAL ENTITY AND BIND IT TO THE TERMS SET FORTH HEREIN; AND
V. TO TAKE ALL NECESSARY STEPS TO ENSURE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT VIOLATED BY YOU OR ANY PERSON OR ENTITY UNDER YOUR CONTROL OR IN YOUR SERVICE.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT.
CHANGES TO THIS AGREEMENT
We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access to and use of the Website and any associated services constitutes your agreement to be bound by, and your acceptance of, the Agreement posted at such time. You acknowledge and agree that you accept this Agreement (and any amendments thereto) each time you visit the Website or sign into your account. Therefore, we encourage you to review this Agreement regularly.
If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with written notice of withdrawal of your acceptance. Upon providing us with your notice of your acceptance withdrawal, you are no longer authorized to access or use the Website or any associated services, and you must not do so.
1. You Must Be At Least 18 Years Old to Use the Website
a. The Website is offered and available only to individuals who are 18 years of age or older. we make no active effort to collect personal information from individuals under the age of 18. By using the Website, you represent and warrant that you are (i) at least 18 years of age and are competent to contract in your own name; or (ii) represent and are authorized by an organization to enter it into binding contracts. If you do not meet these requirements, you must not access or use the Website.
b. We do not knowingly collect any information about anyone under the age of 13. If you believe that we have collected information about your child who is 13 years of age or younger, contact us at firstname.lastname@example.org. To protect yours and your child’s privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information. If we find that we have collected information about anyone under the age of 13, we will take commercially reasonable steps to destroy it promptly.
2. Description of Services
a. We provide Services via the Website that allow Users to seek information and advice about dating and romantic relationships from other Users. The Website operates as a neutral venue allowing Users looking to receive information and advice (“Consumers”) and Users who are seeking to provide information and advice (“Consultants”) to locate and contact one another, connect, and to coordinate the provision and receipt of such information and advice (“Dating Consultations”).
b. Dating Consultations and related transactions may be effectuated directly through the Dutch Uncle Website, but Dutch Uncle merely promotes and advertises Consultants who are available to provide Dating Consultations, and serves as a point of contact between Consultants and Consumers, facilitates communications between Consultants and Consumers, and assists Consumers in facilitating payments and transmitting funds to Consultants. Unless otherwise stated, Dutch Uncle does not employ any Consultants, does not provide any Dating Consultations, nor is Dutch Uncle ever a party to any agreement between Consumer and Consultant for provision of Dating Consultations that may be obtained via the Website. Dutch Uncle serves only as a platform for the purpose of facilitating payments and communications between Consumers and Consultants.
c. While Dutch Uncle may facilitate the introduction and initial communication between Consumers and Consultants, Dating Consultations may take place via media channels outside of the Website, including without limitation, telephone, text messages, messaging software applications, and other internet-based communication software tools. Accordingly, additional charges for the use of third-party communication tools may apply.
d. Dutch Uncle is not a party to the transaction(s) between Consumers and Consultants. As such, we have no control over:
i. The education level, licensing, experience, or qualifications of Consultants;
ii. The type, quality, or legality of any Dating Consultations on the Website;
iii. The truth or accuracy of any information about any Consultants or the Dating Consultations or information that such Consultants may provide;
iv. The origin or authenticity of any information of Dating Consultations advertised or offered on the Website or any information associated therewith;
v. The legal or regulatory compliance of any Dating Consultations;
vi. The ability of Consultants to offer or sell their services, including any Dating Consultations; or
vii. The ability of Consumers to use, purchase or benefit from any Dating Consultations or other information provided by Consultants; or
viii. the acts or omissions of Consultants or of Consumers.
e. All Consultants are independent contractors, and not employees, of Dutch Uncle.
f. UNLESS EXPRESSLY OTHERWISE SPECIFIED BY AN INDIVIDUAL CONSULTANT, CONSULTANTS WITH WHOM YOU MAY CONNECT VIA THE WEBSITE OR SERVICES AS A CONSUMER ARE NOT TRAINED OR LICENSED PHYSICIANS, PSYCHOLOGISTS, OR OTHER MEDICAL PROFESSIONALS. ACCORDINGLY, DUTCH UNCLE DOES NOT ENDORSE OR PROVIDE OR OFFER ANY TYPE OF MEDICAL CARE, TREATMENT, CONSULTATIONS, OR ADVICE WHATSOEVER - TO ANYONE.
g. As part of the Services, Dutch Uncle may also provide Consumers with access to articles, information, auto-generated reports, and other content (the “Website Content”). The Website Content made available by Dutch Uncle may be generated, offered, and maintained by third parties.
3. Accessing the Website and Account Security
a. Dutch Uncle reserves the right to:
i. Discontinue transmitting all or any parts of the content related to the Website;
ii. Amend the Website and any Services or material provided on it;
iii. Change, discontinue, or limit access to the Website; and
iv. Suspend or terminate your use or access to the Website or your account (if applicable) in our sole discretion, with or without notice.
b. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
c. The User is responsible for:
i. Making all arrangements necessary to have access to the Website; and
ii. Ensuring that all persons who access the Website through the User’s Internet connection are aware of these Terms of Service and comply with them.
e. If you choose, or are provided with, a user name, password, or any other piece of information as part of Dutch Uncle’s security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you (or, in the case of an entity, to a single authorized representative of the entity) and agree not to provide any other person with access to the Website, or to portions of the Website, using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. 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.
f. Dutch Uncle has the right to disable any user name, password, or other identifier, whether chosen by User or provided by Dutch Uncle, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
4. Intellectual Property Rights
a. The Website, Website Content, and all content, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dutch Uncle, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. The Dutch Uncle name, the Dutch Uncle logo, and all related names, logos, product and service names, designs and slogans are trademarks of Dutch Uncle or its affiliates or licensors. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
c. Nothing in the Website shall be interpreted as granting any license to use any image, trademark, logo, or service mark contained therein. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials on the Website, except as follows:
i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
ii. You may store files that are automatically cached by your Internet browser for display enhancement purposes; and
iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
d. Users are not permitted to:
i. Make or modify copies of Website Content or any materials from this site; or
ii. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
e. If you are a Consumer, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
f. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at Dutch Uncle’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, or any content on the Website, is transferred to you, and Dutch Uncle reserves all rights not expressly granted herein. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
5. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Our Copyright Policy is expressly incorporated into this Agreement and is available here: www.askdutchuncle.com/copyright-policy.
6. Trademark Infringement Claims
If you believe in good faith that materials available on the Website infringe your trademark, you or your agent may send Dutch Uncle a notice requesting that we remove the material from the Website or block access to it. All trademark-related notices should be sent to:
260 PEACHTREE ST. NW, STE 220
ATLANTA, GA 30303
ATTN: LEGAL DEPARTMENT
7. Prohibited Uses
a. You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
i. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
ii. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
iii. To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set forth in these Terms of Service;
iv. To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
v. To impersonate or attempt to impersonate Dutch Uncle, a Dutch Uncle employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing); or
vi. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Dutch Uncle, may harm Dutch Uncle or users of the Website or expose them to liability.
b. Additionally, you agree not to:
i. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
ii. Use any robot, spider, crawler, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
iii. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
iv. Use any device, software or routine that interferes with the proper working of the Website;
v. Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
vi. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
vii. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
viii. Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website; or
ix. Otherwise attempt to interfere with the proper working of the Website.
8. User Contributions
a. In your use of the Website, you and other Users may provide information which may be used by Dutch Uncle in connection with the Services and which may be visible to certain other Users and third parties. you understand that by posting information or content to the Website such as your name, trademark, logos, service marks and other designations, user reviews, or other information meant to be visible and used by other users (collectively, “User Contributions”), these User Contributions will be considered non-confidential and non-proprietary, and Dutch Uncle, its affiliates, and service providers, and each of their and Dutch Uncle’s respective licensees, successors, and assigns are granted a non-exclusive, worldwide, royalty-free, fully paid up, perpetual, irrevocable, and transferable license to fully exploit such User Contributions (including all related intellectual property rights) in connection with providing the Services and generally in its business.
b. All User Contributions must comply with the Content Standards set out in these Terms of Service.
c. You represent and warrant that:
i. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to Dutch Uncle and its affiliates and service providers, and each of their and Dutch Uncle’s respective licensees, successors, and assigns; and
ii. All of your User Contributions do and will comply with these Terms of Service.
d. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, and not Dutch Uncle, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
e. At no time shall Dutch Uncle be held responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Website.
9. User Contribution Conditions for Consultants
a. If you are a Consultant, you agree, warrant and covenant that all information that you post to the Website and all offers to provide Dating Consultations that you make via the Website shall comply with the following:
i. Any and all information or other content that you provide about yourself and the services you offer shall, at all times, be factual and accurate;
ii. Any and all information that you provide about your education, experience, qualifications, and any licenses held by you shall, at all times, be factual and accurate;
iii. You agree to correct any inaccuracies and to update information posted by you to the Website (or that you make available via Dutch Uncle) should there be any material changes as to your personal qualifications or licensing;
10. Monitoring and Enforcement; Termination
a. Dutch Uncle expressly reserves the right to:
i. Review and verify all User Contributions;
ii. Remove or refuse to post any User Contribution, for any or no reason, and at any time;
iii. Cancel any transaction that Dutch Uncle deems to be suspicious or fraudulent, and report such activity to all applicable authorities;
iv. Take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion, including if Dutch Uncle, in its sole judgment, believes that such User Contribution A) violates the Terms of Service, including the Content Standards; B) infringes any intellectual property right or other right of any person or entity; C) threatens the personal safety of users of the Website or the public; or D) could create liability for Dutch Uncle;
v. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
vi. Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website;
vii. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service;
viii. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
b. YOU WAIVE AND HOLD HARMLESS DUTCH UNCLE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DUTCH UNCLE AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DUTCH UNCLE, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
c. Notwithstanding the foregoing, Dutch Uncle does not undertake to review all material before it is posted on the Website, and therefore cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
11. Content Standards
These content standards (“Content Standards”) apply to any and all User Contributions and use of interactive services on the Website. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
e. Be likely to deceive any person;
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act;
g. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
h. Impersonate any person or misrepresent your identity or affiliation with any person or organization;
i. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or
j. Give the impression that they emanate from or are endorsed by Dutch Uncle or any other person or entity, if this is not the case.
12. Reliance on Information Posted; Website Changes
a. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Dutch Uncle disclaims all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to the Website, or by anyone who may be informed of any of its contents.
b. The Website includes content provided by third parties, including materials that may be provided by other Users and third-party licensors, syndicators, aggregators, report generators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content other than the content provided by Dutch Uncle are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dutch Uncle. Accordingly, we are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
c. We may update the content on the Website from time to time, but its content is not necessarily always complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
13. Information About you and your Visits to the Website
14. Disputes Between Consumers and Consultants
a. Dutch Uncle reserves the right, but is under no obligation, to monitor or resolve disputes between Users, including, but not limited to, those among Consultants or between Consumer and Consultant (individually, a “Party,” and collectively, the “Parties”). You are solely responsible for your interaction with other Users on the Website. In the event of a dispute between you and a Party or Parties, you agree to release Dutch Uncle, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, demands, and damages of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute to the maximum extent permitted by law.
b. IN MAKING THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN AGREEING TO THIS RELEASE.
15. Purchases, Dating Consultations, Returns, and Other Terms and Conditions
a. Potential Consumers are NOT required to create an account or register with the Dutch Uncle Website in order to access or browse the Website, utilize the Website’s features, or to make contact with Consultants (unless otherwise specified).
b. Potential Consumers are required to register for an account on the Dutch Uncle Website in order to post information to the Website (if available and applicable) or to enter into a transaction for the purchase of any services from Consultants through the Website.
c. There are no fees for potential Consumers to browse and search for Consultants or for any Dating Consultations that are available. By using the Website to search listings for sale or to contact a Consultant, Consumers agree to comply with these Terms of Service and including the following:
i. As a Consumer, you acknowledge and agree that you are acting on your own behalf, and that Dutch Uncle is not a party to any purchase of services (including Dating Consultations); and
ii. As a Consumer, you further acknowledge and agree that Dutch Uncle does not represent you or Consultant at any stage of your discussions or communications with the Consultant.
d. Potential Consultants are required to register for an account on the Dutch Uncle Website in order to make their Dating Consultation services available to Consumers, post information to the Website, or to enter into a transaction for the sale of any of their Dating Consultation services through the Website.
e. If you are a Consultant, by using the Website you agree to comply with these Terms of Service and including the following:
i. As a Consultant, you must register for an account with the Website to list or advertise any Dating Consultation services, and comply with all Terms of Service, policies, and schedules governing registered Users;
ii. You have sole and exclusive responsibility over all aspects of discussions and communications directly with a Consumer;
iii. You acknowledge and agree that you are acting on your own behalf, and that Dutch Uncle is not a party to any subsequent transaction for the sale or provision of Dating Consultation services; and
iv. As a Consultant, you further acknowledge and agree that Dutch Uncle does not represent you of your discussions or communications with any Consumer.
f. If expressly agreed to by Dutch Uncle and Consultant in writing, Consultant may have the ability create its own rules and policies for order cancellations, ending Dating Consultation services prior to completion, and for refunds for Dating Consultation services that Consultant is offers via the Website. If you are a Consumer, you agree to comply with the specific terms set forth by a Consultant in connection with its listing for the Dating Consultation services that it offers.
g. Unless otherwise specified, all sales are final and no refunds will be offered for any reason.
16. Dating Consultation Terms for Consultants
a. Dutch Uncle reserves the right, in its sole discretion, to remove a listing or to terminate your account with the Website based upon User reviews and feedback.
b. IF DUTCH UNCLE’S SERVICES ARE USED TO DEFRAUD OR PROVIDE AN INACCURATE LISTING THAT MAY RESULT IN MISREPRESENTATION OF THE SERVICES OFFERED, YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE DAMAGES TO DUTCH UNCLE’S BUSINESS REPUTATION, GOODWILL, BRAND AND CUSTOMERS ARE SIGNIFICANT AND IRREPARABLE; (B) A REMEDY AT LAW FOR SUCH A BREACH OF THIS AGREEMENT IS INADEQUATE AND UNAVAILABLE; (C) BOTH DUTCH UNCLE AND THE PUBLIC AT LARGE HAVE LEGITIMATE INTERESTS IN FOSTERING DUTCH UNCLE’S ONGOING BUSINESS; AND (D) DUTCH UNCLE MAY SEEK ENFORCEMENT OF THIS AGREEMENT BY MEANS OF AN INJUNCTION, WITHOUT ANY REQUIREMENT TO POST A BOND OR OTHER SECURITY.
c. You are responsible for fully disclosing to potential Consumers all liens, adverse claims, and/or other title encumbrances, as well as all third party interests that may exist on or pertain to your services or User Contributions. You agree, at your own cost and expense, to warrant and defend title to your User Contributions on behalf of Dutch Uncle, and any Consumer, its successors and assigns, against the claims and demands of all persons. You further agree that if your net proceeds from the sale of your Dating Consultation services on the Dutch Uncle Website are insufficient to discharge creditor claims on the User Contributions, it is your sole and full responsibility to pay the outstanding debt balance immediately.
a. For all Services and for each product that may be offered via the Website that are paid, the fees associated therewith will be set forth on the web page or section where such Service or product is featured and/or in the checkout prior to any purchase made by you.
b. For its Services, Dutch Uncle charges Consultants account or listing fees (“Listing Fees”). Dutch Uncle may further take a percentage or commission (a “Commission Fees”) from the paid Dating Consultation services or other products or services provided by Consultants. The specific Listing Fees and Commission Fees applicable to you will be set in a price list and/or a specific order form (an “Order Form”).
c. Dutch Uncle reserves the right, in its sole discretion, to change its pricing structure and any of its fees. For increases in fes, Dutch Uncle shall provide a thirty (30) days advance notice by posting any such changes on the Website. For decreases in fees or temporary promotions for the Services, no advance notice is required by Dutch Uncle.
d. If premium listings are made available to Consultants, Consultant agrees to prepay all fees for such premium listings in advance, and agrees to provide a payment method to Dutch Uncle. Consultant further authorizes Dutch Uncle to utilize the payment method on a recurring basis for all premium listings that Consultant purchases on a recurring basis.
e. Consultants expressly authorize Dutch Uncle to deduct its fees directly from the amount due to Consultant pursuant to the applicable transaction. For Consultants who have received full payment of the purchase price and all applicable costs and expenses, Dutch Uncle will invoice any outstanding fees directly to the Consultant. Consultant is solely responsible for payment of all applicable taxes and/or duties in connection with its use of the Website, Services, or the sale of any Dating Consultation services.
f. In the event that your payment method on file is rejected, your payment otherwise fails to be processed, or your account is past due, Dutch Uncle reserves the right to collect all outstanding fees owed by several alternative methods, including, but not limited to charging other payment method(s) on file with Dutch Uncle, and retaining collection agencies or legal counsel. All Users who fail to pay their account balance by the payment due date will be subject to a late fee(s). Dutch Uncle reserves the right to report any late payments, missed payments, or defaults to your account to any credit reporting agency.
18. Linking to the Website and Social Media Features
a. You may link to the Website, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation; provided however, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
b. The Website may provide certain social media features that enable you to:
i. Link from your own or certain third-party websites to certain content on the Website;
ii. Send e-mails or other communications with certain content or links to certain content on the Website; and
iii. Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
c. You may use the Website and any social media features provided solely as Dutch Uncle provides them; solely with respect to the content they are displayed with; and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
i. Establish a link from any website that is not owned by you;
ii. Cause the Website or portions of them to be displayed, or appear to be displayed, by for example framing, deep linking, or in-line linking on any other site;
iii. Link to any part of the Website other than the respective homepages;
iv. Otherwise take any action with respect to the materials on the Website inconsistent with any other provision of these Terms of Service.
d. User agrees to cooperate with Dutch Uncle in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
e. Dutch Uncle may disable all or any social media features and any links at any time without notice in its discretion.
19. Links from the Website
The Website may contain links to other sites and resources provided by third parties, which, if available, are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
20. Geographic Restrictions
Dutch Uncle owns the Website and is based in the State of Georgia in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of the content contained therein is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
21. Disclaimer of Warranties
a. User understands that Dutch Uncle cannot and does not guarantee or warrant that content or files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.
b. DUTCH UNCLE DISCLAIMS ANY AND ALL WARRANTIES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO USER DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
c. YOUR USE OF THE WEBSITE, THE CONTENT THEREIN (INCLUSING ALL CONTENT, FEATURES, OR FUNCTIONALITY PROVIDED BY THIRD PARTIES), AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE CONTENT THEREIN, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, NEITHER DUTCH UNCLE NOR ANY PERSON ASSOCIATED WITH DUTCH UNCLE MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR ACCESSABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER DUTCH UNCLE NOR ANYONE ASSOCIATED WITH DUTCH UNCLE REPRESENTS OR WARRANTS THAT THE SITES, THE CONTENT THEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
d. DUTCH UNCLE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, ACCURACY, EFFECTIVENESS, OR AUTHENTICITY OF ANY DATING CONSULTATION SERVICES (OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY CONSULTANTS) OFFERED, PURCHASED, SOLD OR OTHERWISE WITH RESPECT TO THE DATING CONSULTATION (OR OTHER CONSULTANT SERVICES) ACQUIRED THROUGH THE WEBSITE, OR INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE PRODUCTS (INCLUDING WITHOUT LIMITATION ANY PATENT, COPYRIGHT AND TRADEMARK RIGHTS, OF ANY THIRD PARTY WITH RESPECT TO THE PRODUCTS, WHETHER RELATING TO INFRINGEMENT OR OTHERWISE).
22. Limitation of Liability
a. IN NO EVENT WILL DUTCH UNCLE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BREACH OF PRIVACY, UNAUTHORIZED ACCESS TO YOUR DATA OR INFORMATION BY THIRD PARTIES, OR OTHER INTANGIBLE LOSSES (EVEN IF DUTCH UNCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM, WITHOUT LIMITATION:
i. YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES;
ii. ANY WEBSITES LINKED TO THE WEBSITE;
iii. ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES;
iv. ACTIONS, ERRORS OR OMISSIONS OF ANY CONSUMER, CONSULTANT, OR ANY THIRD PARTY;
v. INTENTIONAL OR MALICIOUS ACTS OF ANY CONSUMER, CONSULTANT, OR THIRD PARTY;
vi. STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY;
vii. ANY INFORMATION, DIRECTION, OR ADVICE YOU RECEIVED FROM ANY CONSULTANT;
viii. ANY DELAY IN RECEIVING PRODUCTS THAT YOU PURCHASED THROUGH THE WEBSITE;
ix. ANY DELAY IN COMPLETING A TRANSACTION TO BUY OR SELL DATING CONSULTATION (OR OTHER CONSULTANT-PROVIDED SERVICES);
x. FAILURE OF ANY PRODUCTS OR SERVICES YOU PURCHASED TO COMPLY WITH YOUR SPECIFIC PURPOSE OR REQUIREMENTS;
xi. FAILURE OF ANY PRODUCTS OR SERVICES YOU PURCHASED TO COMPLY WITH DESCRIPTIONS OR SPECIFICATIONS LISTED BY CONSULTANTS OR THIRD PARTIES;
xii. ANY PRODUCT OR SERVICES OBTAINED THROUGH THE WEBSITE;
xiii. YOUR PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES;
xiv. DUTCH UNCLE’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
xv. RELIANCE ON ANY ACTUAL OR PERCEIVED GUIDANCE PROVIDED BY DUTCH UNCLE REGARDING LISTING, POSTING, PRICING, SHIPPING, FORMAT OR ANY OTHER WEBSITE BASED GUIDANCE;
xvi. YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION RELATED TO WEBSITE OR SERVICES;
xvii. YOUR FAILURE TO SEND INFORMATION, REQUESTS OR NOTIFICATIONS TO THE CORRECT PARTIES;
xviii. THE ACTS OR OMISSIONS OF THIRD PARTIES, THAT ARE BEYOND OUR REASONABLE CONTROL;
xix. ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY PRODUCT OR SERVICE ADVERTISED THROUGH THE WEBSITE;
xxi. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE WEBSITE; OR
xxii. YOUR USE OF THE WEBSITE OR SERVICES IN A MANNER THAT IS UNLAWFUL.
b. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
c. IN NO EVENT SHALL DUTCH UNCLE’S LIABILITY WITH RESPECT TO ANY MATTER OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE GREATER OF $500.00 OR THE AMOUNT PAID BY YOU TO DUTCH UNCLE HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL DUTCH UNCLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY YOU TO DUTCH UNCLE HEREUNDER.
d. YOU AGREE TO WAIVE AND HOLD HARMLESS DUTCH UNCLE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE FOREGOING PARTIES RELATING TO INVESTIGATIONS OR ACTS UNDERTAKEN BY LAW ENFORCEMENT AUTHORITIES.
e. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE THE TERMINATION OF THIS AGREEMENT, WHICH WILL RESULT IN THE CLOSURE OF YOUR ACCOUNT, AND CESSATION OF YOUR USE OF THE WEBSITE AND SERVICES. ANY AND ALL MONETARY AWARDS TO YOU SHALL BE LIMITED BY SECTION 22(C) HEREIN.
You agree to defend, indemnify and hold harmless Dutch Uncle, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including without limitation expert and attorneys' fees) directly or indirectly arising out of, or relating to, your acts or omissions, violation of these Terms of Service, and your use of the Website, including, but not limited to, your User Contributions; any use of the Website’ content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
24. Attorneys’ Fees
You agree to pay our reasonable attorneys’ fees, costs and expenses that directly or indirectly arise out of, result from, or relate to a) your breach of these Terms of Service; b) defending claims against us pursuant to your indemnification obligations set forth in Section 23 herein; and c) collection of any fees or other moneys that you owe to us.
25. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without regard for conflicts of law principles (whether of the State of Georgia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the
Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta and County of Fulton, although Dutch Uncle retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in any venue with jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You and Dutch Uncle may elect to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association (AAA) applying laws of the State of Georgia, and you expressly consent to the exclusive use of such arbitration if Dutch Uncle exercises this election.
28. Limitation on Time to File Claims
No waiver by Dutch Uncle of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dutch Uncle to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
31. Entire Agreement
These Terms of Service constitute the sole and entire agreement between User and Dutch Uncle with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
32. Equitable Relief
You acknowledge and agree that your breach of these Terms of Service would cause Dutch Uncle irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which we may be entitled, you acknowledge and agrees that we may seek injunctive relief to prevent the actual, threatened or continued breach of these Terms of Service.
The headings in these Terms of Service are for reference only and do not affect the interpretation of these Terms of Service.
34. Relationship of the Parties
Dutch Uncle is at all times a neutral venue operator that helps facilitate the interactions and transactions between Consultants and Consumers. Dutch Uncle does not buy, sell, offers to sell, or endorses any specific Consultant or the services provided by such person. Dutch Uncle further does not represent any Consumer or Consultant in any transaction or interaction.
35. Comments and Concerns
The Website is operated by Lovely LLC, 260 Peachtree St. NW, STE 220, Atlanta, GA 30303, USA. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: www.askdutchuncle.com/copyright-policy.