Effective May 2, 2020
AGREEMENT TO TERMS
Second Date Social LLC (“Second Date Social” or the “Company”) has adopted these Terms of Service so that you (a prospective “Member”) may enjoy the services that Second Date Social provides to Members, in the event that you are accepted as a Member. Accordingly, you agree to be bound by the Terms of Service. These Terms of Service apply while you are a prospective Member and after you become a Member, including when you participate in any programs, training, events, or other activities sponsored by Second Date Social.
BECOMING A MEMBER & BACKGROUND CHECKS
To become a Member, you agree to complete an application, in such form that Second Date Social may provide to you, and answer any questions from Second Date Social honestly. You agree that Second Date Social has the right to inquire about your background and current status and that Second Date Social may conduct reasonable investigations with respect to any information and responses that you provide. You agree to allow any third party firm or agent that Second Date Social hires to conduct a background investigation on Second Date Social’s behalf and to release any information and records that Second Date Social or its agent requests. You agree that you, and you alone, are solely responsible for your conduct and the information that you provide the Company.
Second Date Social will provide social, educational and athletic events and activities for Members at such times and in such a manner that Second Date Social, in its sole discretion, determines to be appropriate.
The Member shall pay Second Date Social the applicable fee as set forth in the membership application. This fee shall pay only for the services that Second Date Social provides and in no circumstance will the fee cover any expenses that the Member may incur to prepare for, while attending, or after an event or activity sponsored by Second Date Social. Upon completion of sign up for the Service, Second Date Social will collect your credit card and store it on a secure server on Stripe. By signing up for the Second Date Social recurring billing service ("Service") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Membership will expire after the end of the term that the Member paid for in the application, unless the Member renews Membership by paying a subsequent fee for a new term. Second Date Social has a no refunds policy. Prices for using Second Date Social are subject to change at any time and without notice from Second Date Social.
CONDUCT OF MEMBERS
You hereby represent that you are seeking Second Date Social’s services because you are (i) single, and not married, (ii) are 18 years or older, and (iii) seeking to have positive experiences with other single people. You agree that you will conduct yourself at all times in a dignified and respectful manner and will treat any individual with whom you meet with the utmost respect, including, without limitation, abiding by these Terms of Service, all applicable laws and regulations, and all customary conduct expected of a lady or gentleman. You are also responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Member account (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
DISCLAIMER AND LIMITATION OF LIABILITY
Members are selected after a proprietary pre-approval process and analysis of personal information submitted for review. Notwithstanding the foregoing, Second Date Social does not purport to perform background checks as part of its business, and Second Date Social does not make any representations or warranties with respect to its preapproval process. Second Date Social reserves the right to deny anyone membership. Second Date Social offers a variety of services and retains the right to refuse service to a Member when, in Second Date Social’s sole discretion, Second Date Social believes that a Member has not acted in accordance with these Terms of Service. Second Date Social is not responsible for arranging dates for members or for ensuring that members proceed to a date. Therefore, Second Date Social does not guarantee any results or outcomes from its services, and Second Date Social does not provide any guarantees, representations, or warranties of any kind or nature, express or implied, with respect to the services provided by Second Date Social or the character of its Members. Notwithstanding any damages that a Member may incur, Second Date Social’s liability, and the Member’s exclusive remedy, shall be limited to the amount actually paid by the Member from the beginning of the applicable term through and including the termination date. Should damage arise—whether property or personal injury—you are liable for all resultant costs.
AMENDMENT TO TERMS OF SERVICE
Second Date Social has the right to amend these Terms of Service at any time, without notice and either prospectively or retroactively, in its sole discretion. In addition, Second Date Social may supplement these Terms of Service with any other guidelines posted or provided on its Internet site, mobile site, or any event or activity. As a Member, you are responsible to review and comply with the most recent version of the Terms of Service and any supplemental guidelines.
TERMINATION OF MEMBERSHIP
At the end of the applicable term, you may agree to renew or extend your membership by paying for an additional term. Notwithstanding the foregoing, Second Date Social shall have the right to terminate your membership (i) immediately if you breach of any term or condition of this Terms of Service or (ii) at any time and for any reason upon giving you fourteen (14) days advance written notice and refunding any prorated amount for any services not rendered from that time through the end of the applicable term.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
PRIVACY & DATA PROTECTION
You agree to defend, indemnify, and hold Second Date Social harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
The failure of Second Date Social to enforce any provision of these Terms of Service shall not be construed as a waiver or limitation of its right to subsequently enforce and compel strict compliance with these Terms of Service.
To the extent that any provision of these Terms of Service are held, found, or deemed to be unlawful or unenforceable, then any such provision or portion thereof shall be modified to the extent necessary so that such provision or portion thereof shall be legally enforceable to the fullest extent permitted by applicable law. Any court of competent jurisdiction shall, and parties hereto do hereby expressly authorize any court of competent jurisdiction to, enforce any such provision or portion thereof or to modify any such provision or portion thereof so that any such provision or portion thereof is enforced to the fullest extent permitted by applicable law.
These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Ohio and of the United States of America. You hereby consent to venue and jurisdiction in the federal or state courts of Ohio. To the extent of a conflict between applicable law and these Terms of Service, the more restrictive guideline applies.