Terms of Use Agreement
Last revised on October 19, 2011E-W Media LLC would like to welcome you to Betterdate.com, the service (the "Service") for single mature adults to meet each other online. By using the BetterDate.com Website, (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register to become a member of BetterDate.com ("Member"). If you do wish to become a Member and use of the BetterDate.com Service, please read these Terms of Use. If you object to anything in this Agreement or the BetterDate.com Privacy Policy do not use the Website or the Service.
- Acceptance of Terms of Use Agreement
- Electronic Agreement. This Agreement is an electronic contract that sets forth the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Betterdate.com from time to time, with such modifications to be effective upon posting by Betterdate.com on the Website. This Agreement includes the Acceptable Use Policy for Content Posted on the Website, subscription policies and any notices regarding the Website. By accessing the Website, or becoming a Member, you accept this Agreement as well as agree to all of the terms, conditions and notices contained or referenced herein.
- Electronic Format. By accessing the Website, or becoming a Member, you consent to have this Terms of Use Agreement provided to you in electronic format.
- Non-electronic Copy. You have the right to receive this Agreement in a non-electronic format. You may request a non-electronic copy of this Agreement either before or after you electronically execute the Agreement. To receive a non-electronic copy of this Agreement, please Contact Us online or send a letter and stamped, self-addressed envelope to: BetterDate.com, PO Box 12169, Newport Beach , CA 92658.
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Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Terms of Use Agreement provided to you in electronic format.
- Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic format, we will discontinue your then current user name and password. This means that you will not have the right to use the Service unless and until we issue you a new user name and password. We will only issue you a new user name and password after we have received a signed copy of a non-electronic version of this Agreement, which we will send to you upon your request.
- Notice. To withdraw your consent and/or to request a non-electronic copy of this Agreement, please Contact Us online or send a letter and stamped, self-addressed envelope to: BetterDate.com PO Box 12169 Newport Beach CA 92658.
- Effective Timing. Your withdrawal of your consent shall be effective within a reasonable timeframe after we have received your withdrawal notice described above. Your withdrawal of consent will not affect in any way the legal validity or enforceability of the Agreement provided to and electronically signed by you prior to the effective date of your withdrawal.
- Access and Retention. In order to access and retain this electronic Agreement you must have access to the WorldWideWeb, either directly or through devices that access web content, and pay any service fees associated with such access. Additionally, you must use all necessary equipment to make such connection to the WorldWideWeb, including a computer and/or modem and/or other access device. Please print out a copy of this document for your records. To retain a digital copy of this Agreement, you may save the document into any word processing software program. We will notify you via the Website of any changes in the hardware and/or software requirements needed to access the Website or the Service and/or retain this Agreement that create a material risk that you will not be able to continue to have access and/or be able to retain this electronic Agreement.
- Eligibility
You must be at least eighteen (18) years of age and single or separated from your spouse to register as a member of the Service. Membership in the Service is void where prohibited. By registering with the Service, you represent and warrant that you have the right, capacity and authority to enter into this Agreement and that you will abide by all of the terms and conditions of this Agreement. If you become a Member, you represent and warrant that you are not required to register as a sex offender with any government entity. - Term
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may manage your subscription including terminate your membership and/or subscription at any time, for any reason, by following the instructions on the http://www.betterdate.com/member/manage_membership.php page, or you may Contact Us online or send us written notice of termination to BetterDate.com PO Box 12169 Newport Beach CA 92658. If you terminate your subscription, it will remain an active subscription until the end of your then - current subscription period (which is the subscription period prior to your termination through which you had paid). Betterdate.com may terminate your membership and/or subscription 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 us. If we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Betterdate.com. Betterdate.com is not required to provide you notice prior to terminating your membership and/or subscription. Betterdate.com is not required and may be prohibited from disclosing a reason for the termination of your account. After your membership or subscription is terminated, all terms that due to their nature may survive termination of this Agreement shall be deemed to survive such termination. - Your Use of the Service and Website - Non-Commercial Endeavors Only.
This Website is for the personal use of individual Members only. The Website may not be used in connection with commercial endeavors of any kind. Businesses, organizations, and/or companies may not become Members and should not use the Website nor Service for any purpose. Illegal uses and/or unauthorized uses of the Website, including the collecting of user names and/or members' email addresses by electronic or any other means for the purpose of sending unsolicited email may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. This Website is used with the permission of Betterdate.com, which may be revoked for any reason, at any time, in Betterdate.com's sole discretion. - Account Security.
You are fully responsible for maintaining the confidentiality of the user name and password that you designate during the registration process, and you are fully responsible for all activities that occur under your user name and password. Further, you agree to (a) immediately notify us of any unauthorized use of your user name and/or password and/or any other breach of security, and (b) ensure that you complete the exit from your account at the end of each session. Betterdate.com will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing the Service and your account from a public or shared computer so that others are not able to view or record your user name, password or other personal information. - Your Interactions with Other Members.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT BETTERDATE.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. BETTERDATE.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. BETTERDATE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. BETTERDATE.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- IN NO EVENT SHALL BETTERDATE.COM BE 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 ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT BETTERDATE.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
- Content on BetterDate.com.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or transmit to other Members. You will not post on the Service or transmit to other Members any defamatory, abusive, inaccurate, profane, obscene, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, false or misleading information to Betterdate.com or to any other Member. If information provided to Betterdate.com, or another Member, subsequently becomes inaccurate, false or misleading, you will promptly notify Betterdate.com of such change.
- You understand and agree that Betterdate.com may review and delete any content, double-blind emails, messages, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Betterdate.com violate this Agreement or which might be illegal, offensive or that might violate the rights, harm, or threaten the safety of Members.
- By posting Content to any public area of the Website, you automatically grant, represent and warrant that you have the right to grant, to Betterdate.com, its affiliates, licensees and successors, an irrevocable, non-exclusive, perpetual, exclusive, fully paid, worldwide license to use, perform, copy, 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 Betterdate.com will not infringe or violate the rights of any third party.
The following list is a partial list of the kind of Content that is illegal or prohibited on the Website. Betterdate.com reserves the right to investigate, and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
- You may not engage in advertising to or solicitation of other Members. This includes but is not limited to solicitation and/or advertising to buy and/or sell any products or services through the Service or to attend parties and/or other social functions and/or networking for commercial purposes. You may not transmit junk mail or any chain letters to other Members. Although Betterdate.com can not monitor the conduct of its Members off the Website, it is a violation of these rules to use any information obtained from the Service in order to abuse, harass, or harm another person, or in order to contact, solicit, advertise to, or sell to any Member without their explicit prior consent. In order to protect our Members from such solicitation or advertising, in our sole discretion, we reserve the right to restrict the amount of emails that a Member may send to any and all other Members in any 24-hour period to an amount which we deem appropriate.
- All the information you include in your Member profile must be current, accurate, and complete.
- Prohibited Activities
Betterdate.com reserves the right to investigate, and terminate your membership if you have misused the Service, or have behaved in a way which could be regarded as inappropriate or whose conduct is illegal or unlawful. The following is a partial list of the type of behaviors and actions that you may not engage in with respect to the Service:- 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 Betterdate.com 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 Service or its contents.
- 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 Service.
- You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
- 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 Service.
- You will not "frame" or "mirror" any part of the Service or the Website, without Betterdate.com 's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Betterdate.com or the Service or the site 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 Service or the Website or any software used on or for the Service or cause others to do so.
- Customer Service
Betterdate.com provides customer assistance and guidance through its customer care representatives. When communicating with our customer assistance representatives, you may not to be abusive, profane, obscene, offensive, threatening, sexist, harassing, racially offensive, or otherwise behave inappropriately. If the we feel that your behavior and/or actions towards any of our customer assistance representatives or other employees is at any time offensive or threatening, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees. - Subscriptions; Charges on Your Billing Account.
- Billing and Payment. Betterdate.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Betterdate.com all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Betterdate.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Betterdate.com may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 12 includes any agreements you made with Betterdate.com on the Website when becoming a Member or subscribing to the Service. 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.
- Automatic Renewal. Your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the "Change / Cancel Membership" (or similar) page on your "Account Settings" page. By subscribing, you authorize Betterdate.com to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize Betterdate.com to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if Betterdate.com does not receive payment from your Payment Method provider, (i) you agree to pay all amounts due on your Billing Account upon demand, and/or (ii) you agree that Betterdate.com may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
- Current Information. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify Betterdate.com if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at "Account Settings" on the Website. If you fail to provide Betterdate.com any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
- Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Betterdate.com is authorized to charge your Payment Method. Betterdate.com may submit those charges for payment and you will be responsible for such charges. This does not waive Betterdate.com '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 Service.
- Refund Policy. We have a NO REFUND POLICY regarding subscriptions to the Services. The cost or charges for Services and upgrades thereto are final and not refundable under any circumstances. Once a payment has been received, no refunds will be issued even if cancellation of your membership account occurs prior to the end of the payment period.
- Modifications to Service.
Betterdate.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Betterdate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. - Blocking of IP Addresses.
In order to protect the integrity of the Service, Betterdate.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website. - Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Betterdate.com 's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Betterdate.com PO Box 12169 Newport Beach CA 92658. - Member Disputes.
You are solely responsible for your interactions with other Members. Betterdate.com reserves the right, but has no obligation, to monitor disputes between you and other Members. - Privacy and Communications.
You agree that during your subscription, Betterdate.com (including its parent and affiliated companies) may deliver communications to you via email, instant messaging, cell phone voice and/or text, pager, and other electronic communications devices (i.e., personal computer). You agree to receive these messages when you register for the Services, provide your contact information through the Website and/or utilize the Services in any way. We require the ability to deliver Disclosures in order to operate the Services. You agree that we may also continue to deliver Disclosures to you by email after you terminate your membership account. You may discontinue receipt of all such Disclosures after termination of your membership account by opting out of the receipt of such Disclosures using the method provided in such Disclosures.
Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the Privacy Policy for more information regarding these communications. - Disclaimers
- Betterdate.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Betterdate.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Betterdate.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Betterdate.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Betterdate.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Betterdate.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Betterdate.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- 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. Betterdate.com 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.
- Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Betterdate.com has no control over such sites and resources, you acknowledge and agree that Betterdate.com is not responsible for the availability of such external sites or resources, and does not endorse 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 Betterdate.com 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. - Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will Betterdate.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Betterdate.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Betterdate.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Betterdate.com for the Service during the term of membership. - 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.
Arbitration and Governing Law.- Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, 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 Betterdate.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 Betterdate.com any class action, class arbitration, or other representative action or proceeding.
- Notice of Rights. By using the Website or the Service 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 Betterdate.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. For details on the arbitration process, see our Arbitration Procedures.
- Court Proceedings. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Betterdate.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- Governing Law. This Agreement, and any dispute between you and Betterdate.com , shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
- Indemnity By You.
You agree to indemnify and hold Betterdate.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 Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. - 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. - Other and Amendments.
This Agreement contains the entire agreement between you and Betterdate.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 Betterdate.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 Betterdate.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 subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
Please Contact Us with any questions regarding this agreement. Betterdate.com is a trademark of E-W Media, L.L.C.