Website Terms and Profile Polish LLC Services
And now, the legal stuff. Please read through the following Terms & Conditions!
Use and Content
The Site and all associated content is intended solely for the personal, commercial use of our users. All information and materials available via the Site (collectively, “Content”) is protected by copyright, trademark and other applicable laws. Content includes, but is not limited to, photographs, images, illustrations, text, video, audio clips, designs, logos, trademarks, service marks, and other materials contained in this Site, as well as the software used in the design and development of this Site. Content is owned or controlled by us, our subsidiaries, affiliates or licensors or is used with permission of their owners.
The Logo, “Profile Polish” “Profile Polish LLC” are proprietary trademarks and service marks of Profile Polish LLC. All other trademarks or service marks and product names mentioned herein are the property of their respective owners. The Content on the Site may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with our prior written consent.
You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, this Site, any of the Content in this Site. You agree to abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through our Site.
This is the Website of http://www.profilepolish.com (the “Website”). We will not distribute personal information, including your name, email address, or any other information to third parties. We will only use your e-mail address for inquiries related to http://www.profilepolish.com. We do not provide site visitors access to information from or about other site visitors or customers. Maintaining your privacy is of the utmost importance to us.
We reserve the right to review materials posted and to remove any materials for any reason in our sole discretion. We reserve the right to modify or discontinue any or all of the Website or to terminate your access thereto, at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
The Website is not intended to be viewed, and the Services are not intended to be purchased or used, by minors or anyone under the age of eighteen. By entering the Website or using the Services, you are affirming and agreeing that you are not under the age of eighteen.
Other Dating Sites Terms and Conditions
By using the Services of Profile Polish LLC, you are representing to Profile Polish LLC that you have agreed to the terms and conditions of any and all online dating sites you are currently using or intend to use. You should carefully read the privacy policies and other conditions of use on your online dating sites of choice to ensure that using the Services of Profile Polish LLC is permitted by the terms and conditions of any online dating site that you are currently using or intend to use.
Profile Polish’s services are based on your representations to us and how we perceive your personality with regard to potential matches. However, engaging in online dating sites, engaging and dating another can have emotional ramifications and each individual’s response and reactions may be different from the other person. Therefore, we cannot guarantee concrete results. We will provide the best advice as possible for the respective situation, and it is your sole responsibility to interpret and institute the advice as you wish. By agreeing to these Terms and Services, you agree that you will cooperate with our advice…and keep an open mind.
At times, we may offer advice for our clients given their respective situations. However, you are at all times, solely responsible for your interactions, online or in person, with individuals you have identified or have been identified for you by Profile Polish LLC. By using the Services of Profile Polish LLC, you understand and agree that Profile Polish LLC does not in any way screen the members of any online dating sites or any individuals that you interact with. Profile Polish LLC makes no representations or warranties as to the conduct of any person in your dating sphere. In no event shall Profile Polish LLC be liable for any damages whatsoever, either direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including, without limitation, bodily injury, death, emotional distress, and/or other damages resulting from communications or interactions, online or in person, with any persons you meet through the Services offered by Profile Polish LLC.
Communications and Content
All email sent to any email addresses of the Website becomes the property of Profile Polish LLC. The Website may provide links to the sites of affiliated companies and certain other businesses or materials. Profile Polish LLC is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of the websites. Profile Polish LLC does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. Your use of such websites or materials is at your own risk and you should carefully review all privacy statements and other conditions of use.
Additionally, when interacting online or in person with anyone identified by the Website, you shall not violate or infringe in any way upon the rights of others, and you shall not engage in any behavior which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any law. Profile Polish LLC does not assume any responsibility or liability for the actions, product, and content of these and any other third parties.
Limitation of Liability
By using the Website, materials, or Services of Profile Polish LLC, you agree to release and hold harmless Profile Polish LLC and the contractors, officers, directors, members, managers, shareholders, agents, representatives of Profile Polish LLC, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Profile Polish LLC, any third-party providers or sources of information or data, and legal advisers from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Website, materials, or Services, including but not limited to:
(a) telephone, electronic, hardware or software, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (b) failed, incomplete, garbled, or delayed computer transmissions; (c) any condition caused by events beyond the control of Profile Polish LLC that may cause the Website or related Services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, materials, or related Services; or (e) any printing or typographical errors in any materials associated with the Website, materials, or related Services. In addition, you agree to defend, indemnify, and hold Profile Polish LLC affiliates harmless from any claim, suit or demand, including reasonable attorney’s fees, made by a third party, due to or arising out of your utilizing the Website, materials, or related Services, your violation or breach of this Agreement, your violation of any rights of a third party, or any other act or omission by you.
In no event will Profile Polish LLC, its Officers, Directors, Members, Managers, Contractors, Employees, Consultants, Editors, Agents and Representatives (collectively “Representatives”) be held liable for any damages of any kind, including “without limitation” compensatory, direct, indirect, punitive, or consequential damages, loss of income or data, loss of or damage to property, personal injury, and claims of customers or third parties arising from any customer’s interaction, involvement, and relationship with members of the online and/or offline dating community of any kind, even if Profile Polish LLC was advised of the possibility of such damages. You shall cooperate as fully as reasonably required in the defense of any claim and shall not enter into any settlement agreement which affects our rights without our prior written approval. We reserve the right to assume the defense and control of any matter otherwise subject to indemnification by you. Furthermore, by using the Website, you agree to hold Profile Polish LLC harmless from any administrative, criminal, or civil proceedings.
Billing and Refund Policy
All purchases on the Website are final. In no event shall individuals be entitled to refunds because of dissatisfaction with the Services of Profile Polish LLC, except where authorized by Profile Polish LLC, or where this provision is prohibited by law.
Neither you nor Profile Polish LLC may assign or transfer any rights, duties, or obligations herein nor any rights, duties or obligations associated with any service purchased through Profile Polish LLC without the prior written consent of the other, and any purported attempt to do so shall be null and void.
Waiver of breach or failure to strictly enforce the terms of this Agreement shall not preclude a party from asserting a subsequent or continuing breach or from otherwise requiring strict compliance with the terms of this Agreement.
PROFILE POLISH LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO YOUR DATING SUCCESS. IN NO EVENT SHALL COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY FAILURE OF ANY PERFORMANCE BY COMPANY.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
The Parties hereby warrant that this Agreement is duly executed with full authority and approval of each of them. The Parties further warrant and represent that they have fully informed themselves of the terms and legal effects of this Agreement, that no promises or representations have been made to induce their execution of this Agreement except those set forth herein, that they have relied on independent judgment and, where applicable, the advice of their legal counsel in executing this Agreement, and that they have full authority and capacity to execute this Agreement and that no further authorization, ratification or approvals from any entity, organization or agency, including any corporate, legal or judicial entity, shall be necessary in order to give this Agreement full force and effect.
If any provision, or portion thereof, of this Agreement is held invalid, illegal, void, or unenforceable by reason of any law, rule or regulation, administrative order, judicial decision, or public policy, the remaining provisions shall not be affected, impaired or invalidated thereby, and each term and provision of this Agreement shall remain in full force and effect and be valid and enforceable to the fullest extent permitted by law, and shall be deemed separate from such invalid or unenforceable provision. Any invalid, illegal, void or unenforceable provision shall be deemed, without further action on the part of the parties hereto, amended, limited or replaced and enforced to the extent necessary by a court of competent jurisdiction or arbitrator(s) to render such provision, as so amended, limited or replaced, legal, valid and enforceable, with the a provision or part thereof that comes as close as possible to expressing the intention of the stricken provision, it being the intention of the parties that this Agreement and each provision hereof shall be legal, valid and enforceable to the fullest extent permitted by applicable law.
The language used in this Agreement will be construed in all cases in accordance with ordinary usage and meaning. The Parties acknowledge that each Party has reviewed this Agreement and that no single party bears sole responsibility for the draftsmanship of this Agreement. Consequently, no rule of construction to the effect that ambiguities are to be resolved against the drafting Party should be employed in the interpretation of this Agreement.
This Agreement shall be governed by, interpreted and construed, and enforced in accordance with the laws of the State of New York without reference to conflicts of laws principles.
Choice of Venue
All disputes shall be resolved by a court of competent jurisdiction in the State of New York.
Any controversies, claims, or disputes arising out of or relating to this Agreement shall be resolved solely and exclusively by binding arbitration the State of New York in accordance with the rules for commercial arbitration of the American Arbitration Association (“AAA”) in effect at the time such arbitration is initiated and shall be administered by the AAA. The arbitration shall take place in New York. The arbitrator shall be required to follow applicable law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PROFILE POLISH LLC ARE EACH WAVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The decisions and awards rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction. The arbitrator may, as part of any award, award to the prevailing party the costs of such arbitration, including attorney, expert, and witness fees. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
I agree that this Agreement is governed by the Electronic Signatures in Global and National Commerce Act (commonly known as the “E-Sign Act”), 15 U.S.C. 7000, et seq. and may not be denied legal effect, validity, or enforceability solely because it is in electronic form. By choosing to contact Not-Just-Ok Cupid and working with Profile Polish LLC, which indicates my agreement to be bound by the terms of this Agreement, I affirmatively adopt making this selection as my signature and the manifestation of my consent to be bound by the terms of this Agreement.
This Agreement constitutes the entire understanding and agreement of the Parties entering into it (“the Parties”) with respect to the subject matter covered in it, and it supersedes all other prior agreements and understandings, written or oral, among the Parties, with respect to such subject matter.
Anything else? Contact me at info[at]profilepolish.com with questions or concerns.