Terms of Service Agreement
This is a legal and binding agreement ("Agreement") between you, the ("Registered User") and Human Fuzion, the ("Company") with corporate offices at 396 Washington Street Suite: 186, Wellesley, MA. 02481; operates and provides services (the "service") to SingleDr.com® website (the "Website"). This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service.
ELETRONIC FORM – by accessing the Website, becoming a paying or a non-paying (free) Registered User, you consent; and are legally bound to all Terms and Agreements provided to you by the Website’s electronic form.
If you do not COMPLETELY agree with the Agreement, PLEASE DO NOT COMPLETE THE REGISTRATION FOR THE SERVICES PROVIDED BY THIS COMPANY and WEBSITE.
I. MEMBER ELIGIBILITY - In order to be eligible and permitted to register and become a member of this site or other sites owned by the Human Fuzion, you must be:
a. At least eighteen (18) years of age or older.
b. Single, divorced, widowed or legally separated from your spouse.
c. Membership of the Service is void where prohibited by law.
d. By using the website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
II. ONLINE CODE OF CONDUCT - Registered Users agree to the following terms:
a. This website is monitored at all times. Prior to reaching open Communication, your Profile, E-mail correspondence with other Registered Users will not include any personal information which would enable other Registered Users to discover your identity including, but not limited to your name, personal e-mail addresses, phone numbers, residential or employment addresses.
b. The Company is a dating site exclusive to single, educated and professional adults. Under the Agreement, you will never provide inaccurate, misleading or false information to the Company or to any other Registered User. If information you provided to the Company or Registered User(s), is or subsequently becomes inaccurate or misleading or the Company discovers any false, inaccurate or misleading information for which it was not promptly notified, the Company holds the right to terminate your subscription without notice and to notify other involved Registered Users who may have been mislead by such information.
c. The Company cannot guarantee the authenticity of other Registered User's personal, professional or other information. You are solely responsible for your interactions with other Registered Users and you agree to take normal precautions when meeting individuals through the Service. You also agree to read and follow the Service's Recommendations under the heading Do(s) and Don’t of Online Dating, provided to all Registered Users upon completion of their Registration.
d. Your account is for your personal use only; you may at no time authorize others to use your account or gain access to it.
e. Your account is non-transferable, you therefore may not assign or otherwise transfer your account to any other entity or person(s).
f. You are exclusively responsible for the content and information you transmit, display or publish ["Post"] on the Service to other Registered Users.
g. You may not use the Service to engage in advertising, or solicitation of other Registered User(s) to buy or sell any product or service. Furthermore, spamming and transmission of any mass or junk E-mail to other Registered Users is prohibited.
h. You agree that and understand that the Company cannot guarantee, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
i. You are allowed to only create more than one profile with the Service
j. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Human Fuzion, which may be revoked at any time, for any reason, at Human Fuzion sole discretion.
k. You may at no time post on the Service, or transmit to other Registered Users, or otherwise communicate any offensive, sexually oriented, threatening, harassing, racially offensive, obscene, profane, defamatory, abusive or illegal material, or any material that violates another party's rights, including intellectual property rights, and rights of privacy and publicity. In addition, you may at no time take any action to endorse physical harm or harassment of another person or to provide information that you may know is false, illegal, misleading or designed to exploit those under the legal age or otherwise provide any information about illegal activities such as those related to weapons and/or violating someone else's right to privacy.
l. You are obligated to report to the Company any violation of the Terms of this Agreement by other Registered Users.
m. You may use the Service in strict accordance with any and all applicable local, state, national and international law and regulations, including, the United States export control laws.
n. Use of the Service is void where prohibited.
o. You are prohibited from copying, modifying, posting, transmitting, or creating any part or derivative work(s) from, distribute or reproduce in any way any portion of this site or its affiliated sites including, but not limited to the copyrighted material, trademarks and other proprietary information for public or private or educational use without obtaining the prior consent of the owner of such proprietary rights.
III. MEMBERSHIP PRICING - You may become a Free Member of the Service. As a Free Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. In order to access additional features and services, which include but are not limited to the ability to see who has viewed your profile, initiate communication with other Members via Email, Instant Messenger, video and voice messaging, you must become a paying subscriber to the Service. Please see Subscription Rates for a description of the current subscription plans and their prices. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. It is possible that on occasion, Human Fuzion may remove profiles of non-subscribers. Subscription prices are subject to change without notice.
IV. MEMBER TERMINATION - Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to suspend or terminate ANY MEMBER'S ACCESS to the Service, without notice, if in Company's sole discretion it believes you have violated any Section of this Agreement by you which is brought to the Company's attention. In the event your access to the Service is suspended due to the breach of this Agreement, you agree that all fees then paid to the Company by you shall be nonrefundable. Following any termination hereof, the Company reserves the right to send a notice that you have been terminated to other Registered Users with whom you have corresponded.
V. MEMBERSHIP AND CHARGES ON YOUR BILLING ACCOUNT
a. General Billing Terms and Conditions
i. The Company bills you through an online account (your "Billing Account") for use of the Service.
ii. You agree to pay Human Fuzion all charges at the fees and prices in effect at the time of payment for any use of the Service by you or other persons including your agent(s) using your Billing Account.
iii. You, hereby, authorize Human Fuzion to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment(s) using that selected Payment Method.
iv. In the event of any error or mistake in any part of the Billing Account, Human Fuzion reserves the right to correct such error or mistakes despite previously requesting or receiving payment(s).
v. Human Fuzion (the Company) is the billing entity and your billing statement will reflect as such.
vi. All sales are final and partial use of memberships are non refundable.
b. Recurring Billing Guidelines
i. Subscription plans to the Service consist of an initial period, for which there is a onetime charge, followed by recurring period charges as agreed to by you. However, you may choose to turn-off the recurring billing system.
ii. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation, unless you elect to turn-off the auto-recurring billing mechanism when you purchase a subscription.
iii. Please note that: HUMAN FUZION MAY SUBMIT MONTHLY CHARGES (OT TOHERWISE) WITHOUT RECEIVING ANY FURTHER AUTHORIZATION FROM YOU, UNTIL THAT TIME WHICH YOU PROVIDE PRIOR NOTICE; CONFIRMED IN WRITING BY HUMAN FUZION THAT YOU HAVE TERMINATED FUTURE AUTHORIZATIONS OR WISH TO CHANGE YOUR PAYMENT METHOD. YOUR NOTICE WILL NOT AFFECT PREVIOUSLY SUBMITTED CHARGES.
iv. ALL SALES ARE FINAL AND CAN NOT BE PRORATED, THEREFORE PARTIAL USE OF MEMBERSHIPS ARE NOT REFUNDABLE.
c. Required Billing Information
i. YOU ARE RESPONSIBLE TO PROVIDE HUMAN FUZION CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION.
ii. YOUR ARE FULLY RESPONSIBLE TO PROVIDE THE COMPANY WITH CHANGED INFORMATION INCLUDING ANY CHANGES IN YOUR BILLING INFORMATION INCLDING CHANGES IN YOUR BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE
iii. YOU MUST PROMPTLY NOTIFY HUMAN FUZION IF YOUR PAYMENT METHOD IS FOR ANY REASON CANCELLED (E.G. CHANGING BANKS, CLOSING ACCOUNTS OR LOSS/THEFT OF YOUR PAYMENT METHOD)
iv. PLEASE NOTE THAT IF YOU BECOME AWARE OF ANY BREACH OF SECURITY, INCLUDING, BUT NOT LIMITED TO UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD YOU ARE RESPONSIBLE TO PROMPTLY NOTIFY THE COMPANY OR HUMAN FUZION WILL NOT BE RESPONSIBLE FOR CHARGES OR PAYMENTS MADE.
v. BY FAILING TO PROVIDE HUMAN FUZION WITH ANY OF THE REQUIRED, FOREGOING INFORMATION, YOU AGREE THAT HUMAN FUZION WILL CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR MEMBERSHIP, IN WRITING, FOR THE SERVICE.
d. Change in Payment Amount
i. If the amount to be charged to your Billing Account is different from the amount You preauthorized (with the exception of State imposed sales taxes), You hold the right to receive, and the Company shall be responsible to provide You with the notice of the amount to be debited (charged) to your credit card or bank account at least 7 days prior to the scheduled billing date.
ii. You agree that Human Fuzion may choose to aggregate your incurred membership charges and submit them as one or more group of charges during or at the end of your billing cycle.
e. Methods of Payment
i. The terms of your payment is based on your Payment Method and determined by terms and agreements between you and the financial institution(s), credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider").
ii. If Human Fuzion fails to receive payment(s) from your Payment Method Provider(s), you agree to pay ALL Membership fees and costs due on your Billing Account.
f. Terms of the Auto-Renewal System
i. The billing of your membership is programmed to be automatically extended for successive renewal membership periods at the most recent (updated), non-promotional rate. This automated system will continue unless you elect to deactivate your membership's rebilling system.
ii. Please note that as a new member or a member who chooses to deactivate the rebilling system prior to the expiration date of your membership, you may use your membership until the end of its term, but will not be entitled to a prorated or partial refund of any portion of the membership fee paid for your (then-current) membership period.
g. Guidelines to Reaffirm Authorization
i. Non-termination and/or continued use of the Service re-affirm and authorize Human Fuzion to charge your Payment Method.
ii. Human Fuzion may at any time, submit those charges for payment and you will be responsible for all such charges. Human Fuzion holds the right to seek and collect all payments directly from you.
iii. All membership fees are payable in advance, per usage, or as otherwise explained upon your initial membership to the Service.
h. Free Trials and Other Promotions
i. All promotional trials, discounted or free trials that offer paid member-level access to the Service may only be used within the specified time of the trial and only by the party receiving the promotion.
ii. If you fail to terminate your subscription prior to the completion of the trial period in you may be charged the full membership fees.
iii. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, contact the websites help link to have those charges reversed.
VI. ACCOUNT SECURITY You are responsible for maintaining total confidentiality of your username and password that you designate during the Registration process and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Human Fuzion of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Human Fuzion 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 your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature.
VII. MONITORING AND FILTERING- The Company monitors ALL the materials posted on the, but not limited to the Personal Profiles, News Postings, Chat Rooms, Instant Messages, E-mails and Blogs all referred to as ("Public Areas"). The Company has the right to remove any such material that in its opinion may violate or is alleged to violate, any applicable law or any part of this Agreement. Despite these rights of the Company, You the Subscriber remain the sole responsible party for the content of the materials you may post in the Public Areas of the Service including your private correspondence and E-mails to other Registered Users. All your private correspondence including E-mails between you and other Registered Users that are not accessible to the general public will be treated as "private" by the Company to the extent permitted by applicable law.
VIII. ACCURACY OF INFORMATION - Online Content. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY REGISTERED USERS.
IX. ADVERTISER DEALINGS - Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to the Company with advertisers, or as the result of the presence of such advertisers on the Service.
X. UNAUTHORIZED USER ACCESS - It is possible that other Registered Users or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others. It may be prudent to obtain a free e-mail address through Yahoo or Hotmail in order to protect your personal e-mail and information.
XI. PROPRIATARY RIGHTS AND OWNERSHIP - The Company owns and retains proprietary rights in all aspects of the Service. The Service contains copyrighted (©) material, trademarks (™), and other proprietary information of the Company, its licensors and licensees. In addition, other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given permission, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information or content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company and other Registered Users an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display 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 sub-licenses of the foregoing.
XII. CONFIDENTIALITY - With the exception of the information provided to other Registered Users pursuant to the terms of the Service and as provided in the Company's privacy policy or below, the Company will keep confidential all information supplied to the Company by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. If you choose to accept any offers from third-party advertisers made through eHarmony.com, the Company may supply the advertiser with information you provided to Company, including billing information. For additional information about the collection and possible use of information provided by you, please click on the Trust-E logo that appears at the bottom of the home page for this web site for information on the Company's privacy policy.
XIII. SERVICE WARRANTIES - THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, and error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
XIV. INDEMINTY OF THE REGISTERD USER OF SERVICE - You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, including any breach by you of the terms of this Agreement.
XV. LMITED LIABILITY - IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE. While the Company performs an initial screening of individuals registering for the Service, the Company makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. IN NO EVENT SHALL THE COMPANY 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 INTRODUCED TO YOU BY THIS SERVICE.
XVI. ADDRESSING MEMBER ISSUES & COMPLAINTS- To resolve a complaint regarding the Service, you should first contact the Company by clicking on the Help button or via email at the Contact Us page. You may also contact the Company by writing to Human Fuzion, 396 Washington Street Suite: 186 Wellesley, MA. 02481 (be sure to include your Username and E-mail address); or by contacting the Company at (781) 31-CUPID, Monday through Friday, 10am-5pm EST.
XVII. LINKS - The Service or third parties may provide, links to other World Wide Web sites or resources. Because Human Fuzion has no control over such sites and resources, you acknowledge and agree that Human Fuzion is NOT responsible for the availability, nor does it endorse, is responsible for or liable for any contents, advertising, products or other materials on or available from such sources. You further acknowledge and agree that Human Fuzion will not be responsible or legally 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.
XVIII. U.S. EXPORT LAWS - 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) all nations with 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.
XIX. LEGAL JURISDICTION - Any and all disputes arising out of the Website and/or the Service, through the use of the Website, shall be governed by the laws of the State of the Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of District of Columbia for the resolution of any such dispute.
XX. THIRD PARTY USE - Members agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
XXI. OTHER- The Agreement contains the entire Agreement between You and the Company, Human Fuzion 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.
XXII. CUSTOMER SERICE - The Company provides assistance and guidance through its customer service department. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer service staff or other employees of the Company is at any time threatening or offensive, we reserve the right to immediately terminate your membership. In this case, you will not be entitled to any refund of unused membership fees.
XXIII. CHANGING TERMS OF AGREEMENT - The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes.
XXIV. You, the member, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of Company's third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, You may mail your cancellation notice to: Human Fuzion, 396 Washington Street Suite: 186 Wellesley, MA. 02481 - Or by calling (781)31-CUPID.
This Agreement, accepted upon registration for the Service, contains the entire agreement between you and the Company regarding the use of this Service. Unless otherwise explicitly stated, the terms will survive termination of your registration to the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND BY REGISTERING, I AGREE TO ALL OF THE TERMS AND PROVISIONS CONTAINED ABOVE.
