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The User Agreement below is effective for all users on September 25th, 2007.
User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH GUARANTEEDDATE INC OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for GuaranteedDate Inc (the "Agreement"). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and subdomains of www.GuaranteedDate.com (the "Site") and the general principles for the websites of our parent, subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use the Site or access our services. You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of GuaranteedDate. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as an GuaranteedDate user. Please note that underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other GuaranteedDate websites will be governed by the user agreement and privacy policies posted on those websites.We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and GuaranteedDate Inc. This agreement is effective upon acceptance in registration for new registering users and is otherwise effective on September 25th, 2007 for all registered users.
1. Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended GuaranteedDate members. If you are under the age of 18, you may not register on this Site. By registering to use GuaranteedDate.com you cerify that you are an adult (18 years or older) and can enter into this agreement. If you do not qualify, you are not permitted to use this Site. Further, your GuaranteedDate account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Fees and Services
Posting and bidding on dates at GuaranteedDate is free. We do not charge fees for posting dates through our Site and when you post a date you will not be charged any fee either at time of posting or at auction close. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in American Dollars.
Certain taxes and government charges may be payable in relation to the purchase transaction. We accept no responsibility for such taxes and other government charges on transactions on the Site.
3. GuaranteedDate is a Venue
3 a) GuaranteedDate is not an Auctioneer.
Although we may be referred to as an online auction web site, it is important to realize that we are not a traditional "auctioneer." Instead, the Site acts as a venue to allow anyone to offer, and bid on dates, at anytime, from anywhere, through an auction-style format commonly referred to as "online auctions" or "auctions." We are not involved in the actual transaction between bidders and auctioneers. As a result, we have no control over the safety or legality of the dates advertised, the truth or accuracy of the listings, the ability of auctioneers to post dates or the ability of winning bidders to pay for dates. We cannot ensure that a winning bidder or date poster will actually complete a transaction.
3 b) Identity Verification.
We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user authentication on the Internet is difficult, GuaranteedDate cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential dating partners through the tools available on the Site.
3 c) Release.
Because we are only a venue, in the event that any negative, undesirable, or illegal activity occurs on any date arranged through use of the Site, you release GuaranteedDate (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such activity. Further, in the event that you have a dispute with one or more users, you release GuaranteedDate (and our parent and its subsidiaries and joint ventures and all such person's, officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3 d) Information Control.
We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe dating when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence. By using this Site, you agree to accept such risks and GuaranteedDate is not responsible for the acts or omissions of its users.
4. Bidding and Posting
As a winning bidder, you are obligated to complete the transaction with the auctioneer: (i) if you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the auctioneer, unless the transaction is prohibited by law or by this Agreement. By bidding on a date you agree to be bound by the conditions of date included in the date's description by the poster so long as those conditions of date are not in violation of this Agreement or otherwise unlawful. Bids are not retractable except in exceptional circumstances such as when the auctioneer materially changes the date's description after you bid, a clear typographical error is made, or you cannot authenticate the date poster’s identity.
5. Listing
5 a) Listing Description.
You must be legally able to post dates you offer on the Site. You must describe your date and all terms of the date on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the date. All listed dates must be listed in an appropriate category. NOTE: GuaranteedDate Inc reserves the right to cancel any listing it deems to be vulgar, offensive, or otherwise innappropriate for any reason at the sole discretion of GuaranteedDate. Pornography of any kind is not permitted in any listing, at any time and any user found violating this policy will have their auction cancelled, their membership cancelled, and may be reported to law enforcement officials.
5 b) Date safety.
The safely of our members will always be one of our main priorities. At the risk of sounding like a concerned father, we offer this advice. ALWAYS arrange for your first date to be in a public place where other people will be present. Once you get to know the other person you will have plenty of chances to have more intimate dates. If you ever have any questions or need any advice concerning arranging a date please feel free to contact us at any time and we will be glad to help. Have fun.
5 c) Binding Bids.
If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless there is an exceptional circumstance, such as: (a) the winning bidder fails to meet the terms of your listing (such failing to pay), or (b) you cannot authenticate the bidder's identity.
5 d) Refunds.
GuaranteedDate relies on the honesty and integrity of our members to meet their obligations and commitments. However, there may be instances when for one reason or another, an auctioneer may not complete their obligations and may not be present for a scheduled date. If you have won a date and your date is not present on the date specified please notify us at admin@guaranteeddate.com and we will contact the auctioneer for verification. We will attempt to arrange a second date.
5 e) Fraud.
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent or illegal activity in connection with the Site.
5 f) Manipulation.
Neither bidders nor auctioneers may manipulate the price of any date nor may you interfere with other user's listings or transactions.
6. Auction Proceeds
Unless otherwise stated, GuaranteeDate Inc will donate a minimum of 40 percent of an auction’s proceeds to the charity chosen by the auctioneer. This amount is a higher percentage than many registered charities. In the case of celebrity auctions 100 percent of the auction proceeds will be donated to the charity chosen by the celebrity auctioneer. Donations to the designated charities will be made quarterly.
GuaranteedDate Inc reserves the right to adjust the percentages donated to charities at any time in the future if operating costs deem it necessary. Such changes will be reflected on the website.The remainder of the auction proceeds (Bid totals – Donation amount)) and other income generated by the GuaranteedDate.com website from advertising, etc, will be used to meet the administrative costs and expenses incurred by GuaranteedDate Inc in running the company including salaries and marketing as well as generate company profit. While GuaranteedDate Inc is not a charitable organization or goal is to ensure that a large percentage of total revenue finds it’s way to worthwhile charities.
By using the GuaranteedDate.com site you agree to GuaranteedDate Inc donating a portion of the final bid amount to the charity listed in each listing. You further accept that GuaranteedDate Inc will retain and use the balance of auction proceeds after making the charitable donations as described above.
7. Your Information
7 a) Definition.
"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
7 b) Restricted Activities.
Your Information (or any dates listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other dates you have up for auction but are priced lower than your date's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than GuaranteedDate's (this does not prevent linking to or advertising a GuaranteedDate date from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any date on the Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance or regulation.
7 c) License.
Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. You also waive all moral rights you have in such information. We will only use Your Information in accordance with our Privacy Policy.
8. Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to GuaranteedDate by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of GuaranteedDate and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
9. Feedback
9 a) Integrity.
You may not take any actions which may undermine the integrity of the feedback system. We may limit the number of bids and listings you may place on the Site based upon the level of your feedback. If you are deemed by GuaranteedDate (at our sole discretion) to have excessive negative feedback, your membership may be automatically suspended, and you will be unable to list or bid.
9 b) Export.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by us, and that the composite number without the comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating transactions between GuaranteedDate users, you agree that you shall not market or export your GuaranteedDate feedback rating in any venue other than a GuaranteedDate operated website.
10. Breach
Without limiting other remedies, we may limit your activity, immediately remove your bids or date listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause financial loss or legal liability for you, our users or us.
11. Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your personal information as described in the Privacy Policy.
We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technical security devices. We use third parties to review our privacy practices. Our current Privacy Policy is available at http://guaranteeddate.com/privacy.asp. If you object to your personal information being transferred or used in this way, please do not use our Site or services.
12. No Warranty
WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OF TRADE, UNLESS SPECIFICALLY REQUIRED BY LAW.
13. Liability Limit
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND USD$200.
14. Indemnity
You agree to indemnify and hold us and our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
15. Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and posting of dates.
16. No Agency
You and GuaranteedDate are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
17. Notices
Except as explicitly stated otherwise, any notices shall be given to the email address you provide to GuaranteedDate during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to GuaranteedDate during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
18. Resolution of Disputes
In the event a dispute arises between you and GuaranteedDate Inc, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GuaranteedDate Inc agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
18 a) Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than USD$15,000, you or GuaranteedDate Inc may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
18 b) Court.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Richmond Hill, Ontario or where the defendant is located (in our case Richmond Hill, Ontario, and in your case your home address or principal place of business). You and GuaranteedDate Inc agree to submit to the personal and of the courts located within the county of Richmond Hill, Ontario.
18 c) Alternative Dispute Resolution.
Alternatively, GuaranteedDate will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Richmond Hill, Ontario, or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 16, the other party may recover attorneys' fees and costs up to USD$1500, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site, except the Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to service you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
19. General
This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
20. Contracts in English
It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en anglais.
21. Disclosures
The services hereunder are offered by GuaranteedDate Inc. Fees for our services are described at http://guaranteeddate.com/fees.asp. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, there are numerous sites providing information on such protections.
Disputes between you and GuaranteedDate regarding our Site may be reported to Customer Support. We encourage you to report all user-to-user disputes to Customer Support, your local law enforcement, or a certified mediation or arbitration entity.