DateBetter Terms and Conditions
What You Need to Know about How We'll Handle Your Information
(2) License to use website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
Where content is specifically made available for redistribution, it may only be redistributed within members of the website.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
(4) Restricted access
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.
You are responsible for any activity on our website arising out of any failure to keep your e-mail address, password confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access our website.
We may disable your user ID and password in our sole discretion without notice or explanation.
(5) User generated content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
PLEASE NOTE THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON OUR USERS OR MEMBERS.
(6) Limited warranties
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) Limitations and exclusions of liability
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(10) Third party websites and hyperlinks
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may add hyperlinks directed at our website to your own website without our specific permission, providing that:
(a) such hyperlinks; and
(b) your website,
(11) Trade marks
Datebetter, Datebetter.com and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
(16) Exclusion of third party rights
(17) Merger And Translation
(18) Choice Of Law And Jurisdiction And Venue
You also agree that ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY ILLINOIS MEDIATION SERVICES, INC.
You also agree that such disputes shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section and Section 25 below are subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section 24 shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors' rights in and to intellectual property or confidential information.
(19) Criminal Background Screenings
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT WE HAVE NO OBLIGATION TO SCREEN OUR USERS OR MEMBERS; INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR MEMBERS; OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR MEMBERS. IF YOU FIND OTHER USERS' OR MEMBERS' INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS OR MEMBERS OR TO TERMINATE OR BLOCK YOU AND OTHER USERS OR MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER USERS AND MEMBERS. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these Terms. By registering to become a member you are representing that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
Datebetter.com LLC nor Family Watchdog makes no representation, implied or expressed that all information placed on this web site is accurate. Information contained on this site provides no representation as to any offender's likelihood of re-offending or the nature of any future crimes they may commit. Unfortunately, our service relies on publicly available data. This service we provide is not 100% guaranteed; if an offender moves and does not report to the county sheriff in which they reside, we will not know that they have moved. Meeting anyone new has some risk involved; so please use caution and common sense when meeting someone. Since we cannot stop users joining from other countries; Family Watchdog will only be responsible for USA Citizens.
(20) Illinois Safety Awareness
Please practice safety and caution while interacting with other members of our website. The Following Checklist is a helpful reminder of precautions you should take while interacting with members on-line and in person:
(1) Anyone who is able to commit identity theft can also falsify a dating profile.
(2) There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
(3) Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial e-mail messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
(4) If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around.
Read the Internet Dating Safety Act.
(21) Paid Services And Subscriptions
(a) Payment. Upon purchasing a paid service or subscription from Datebetter, you agree to pay all costs associated with the purchase, including the purchase price, taxes, government fees, and collection costs. This payment may be collected in advance of services or subscriptions received, by use of services or subscriptions received, or on past services or subscriptions received for which payment is still due and owing.
(b) Payment Information. By purchasing any paid services or subscriptions offered by Datebetter, you agree that Datebetter and our designated payment processors may collect and retain your payment information and any other related information.
(c) Refunds. Except as provided in Paragraph 22 or elsewhere in this agreement, any purchases made for services or subscriptions from Datebetter are non-refundable and no refund or credit will be given for no or partial use of the service or subscription (unless otherwise authorized with the sole discretion of Datebetter).
(d) Payment Method. Datebetter may offer multiple payment methods for its services and subscriptions (including, but not limited to, debit card, credit card, check, and other electronic payment services). You authorize Datebetter to charge you for the services and subscriptions purchased with a particular payment method. You authorize Datebetter to receive and update any and all necessary information regarding payment from you, your financial institution, or our payment processors. If payment is not provided through the method that you have chosen, you agree to pay Datebetter any past due services fees or subscription fees upon demand. You acknowledge that there may be agreements between you and your financial institution, credit card company, or other provider, and that Datebetter is not responsible for any breach between you and your provider of your chosen payment method.
(e) Automatic Renewal. You agree that any purchase of a subscription with a credit card, debit card, or other automatically renewing payment method will result in an automatically renewing subscription with Datebetter. Unless cancellation notice is received before the end of the subscription term by the process described in Subparagraph (f) of this Paragraph, an automatically renewing subscription will automatically renew on the last day of the subscription term, for the same subscription term, and (except as otherwise provided in Subparagraph (g) of this Paragraph) for the same price. Payment for the renewed subscription will then be charged to the same automatically renewing payment method used to pay for the original subscription. You agree to accept these charges as if it was the purchase of the original service or subscription, without further affirmative authorization from you, except as provided by law.
(f) Payment Method Updates. You agree to notify Datebetter of any change or cancellation of your current payment method. This includes billing information, fraud cancellation, card expiration, etc. If you fail to inform Datebetter of any of these changes, you acknowledge that you may incur charges by Datebetter under the other terms of this agreement, which would ordinarily be charged to the outdated payment method, and that, when charged, you will be responsible for these charges as if the payment method was up to date.
(g) Additional Charges. You agree that Datebetter may accumulate any charges and submit them as one concurrent charge at any point during or at the end of a billing cycle. You will be notified of any charges added to your standard subscription charge, or of an increase in your subscription charge, at least ten days before the charge is submitted.
(h) Incorrect Payment. If Datebetter receives an payment amount from you that is different than the amount charged, you agree that Datebetter may, in it’s discretion, 1) refund you the entire amount received, 2) apply the entire amount received to a similar service or subscription to be provided to you, 3) apply a portion to a similar service and refund the remaining amount, or 4) apply any combination of these that Datebetter deems appropriate.
(22) Special Cancelation Rights
Datebetter subscribers in certain states have specific cancellation rights set forth as follows. For purposes of this agreement, you are considered a resident of the state containing the zip code you used in your payment information when you subscribed to Datebetter’s services. The date of the subscription for these purposes is the date that you sign up for the subscription and agree to our terms and conditions. Any cancellation pursuant to this section will result in immediate termination of subscription benefits and a full refund within ten days of Datebetter’s receipt of your notice of cancellation.
Residents of the states of ARIZONA, CALIFORNIA, CONNECTICUT, ILLINOIS, IOWA, MINNESOTA, NEW YORK, NORTH CAROLINA, OHIO, AND WISCONSIN may cancel their subscription or purchase of services within three days (before midnight of the third business day) after the date of subscription. Datebetter must be provided with written notice of the cancellation with words that wish to cancel your subscription, or other words to that effect, and must include your Datebetter username and the email address used when signing up for the subscription. This written cancellation notice must be sent by mail to: Datebetter, Inc., Attn: Cancellations, 2504E 1200N Rd., Assumption, IL 62510.
(23) State Specific Special Provisions
A subscriber that is a resident of one of the following states (residency defined as in Paragraph 22) may exercise their specific rights herein provided with written notice (including your Datebetter username and email address) to Datebetter at: Datebetter, Inc., Attn: Cancellations, 2504E 1200N Rd., Assumption, IL 62510.
i) California residents (or their representatives) may terminate their subscription upon death or proof of disability provided by a certified physician. The disability must be so severe as to prevent use of Datebetter’s services. Upon receipt of notice of one of these conditions, you (or your representative) will receive a partial refund of the purchase price plus taxes and fees proportionate to the unused portion of the subscription. In the case of disability, Datebtter reserves the right to place the subscription on hold for up to six months, should the physician providing proof of disability indicate that your disability will only last six months or less.
ii) In addition, you acknowledge that the services provided by Datebetter are accessible online and thus, a "Dating Service Office" for purposes of California Civil Code § 1694.3(b) is any location where the services are accessible to you. If, at any point, you permanently relocate to an area where accessibility to the services provided by Datebetter are more than 50 miles away, you may provide Datebetter with notice of your intent to cancel your subscription and you will be refunded a portion of your purchase price plus taxes and fees proportionate to the time remaining on the subscription. Datebetter may charge you with a $100 cancellation fee, or $50 if less than half of the time remains on the subscription time period, with the fee not to exceed the amount to be refunded. Datebetter will remove this fee from the refund amount owed to you under this subparagraph.
iii) If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
i) The estate of a deceased subscriber has the right to a partial refund of the purchase price plus taxes and fees proportionate to the unused portion of the subscription. Proof of death may be required with written notice by the representative to Datebetter.com.
ii) In addition, you acknowledge that the services provided by Datebetter.com are accessible online and thus, an “enterprise” for purposes of 815 ILCS 615/20(a)(2) is any location where the services are accessible to you. If, at any point, you permanently relocate to an area where accessibility to the services provided by Datebetter.com are more than 25 miles away, you may provide Datebetter.com with notice of your intent to cancel your subscription and you will be refunded a portion of the purchase price plus taxes and fees proportionate to the unused portion of the subscription after you moved away. Datebetter.com may charge you with a cancellation fee not to exceed 10% of the unused portion to be refunded, or $50, whichever is less. Datebetter.com will remove this fee from the refund amount owed to you under this subparagraph.
(c) New York
i) If you purchase a paid subscription or other services, Datebetter.com promises to provide you with at least one match per month. Should Datebetter.com fail to provide you with the minimum number of matches per month for two consecutive months, you may cancel this agreement with written notice described in this paragraph and receive a full refund of the purchase price paid and all taxes and fees, less a cancellation fee of 15% of the full purchase price plus taxes and fees.
ii) Datebetter.com will not sell, assign, or otherwise transfer for business or for any other purpose to any person any information and material of a personal or private nature acquired from you directly or indirectly including but not limited to: answers to tests and questionnaires, photographs, or background information. You acknowledge that any information you post on your profile is open and available to the public.
iii) You acknowledge that the services provided by Datebetter.com are accessible online and thus, the “service area of the provider” for purposes of N.Y. General Business Law § 394-c(8-a) is any location where the services are accessible to you. If, at any point, you permanently relocate to an area where accessibility to the services provided by Datebetter.com are more than 50 miles away, you may provide Datebetter.com with notice of your intent to cancel your subscription and you will be refunded a portion of the purchase price plus taxes and fees proportionate to the unused portion of the subscription after you moved away. Datebetter.com may charge you with a cancellation fee not $50 or the amount of the refund owed under this subparagraph, whichever is less. Datebetter.com will remove this fee from the refund amount owed to you under this subparagraph.
iv) You have the right to place your subscription on hold for up to one year with written notice as described in this paragraph.
i) Ohio residents (or their representatives) may terminate their subscription upon proof of death or proof of disability. Upon receipt of proof and notice of one of these conditions, you (or your representative) will receive a partial refund for the remaining unused portion of the subscription.
ii) In addition, you acknowledge that the services provided by Datebetter.com are accessible online and thus, a “facility operated by seller” for purposes of Ohio Revised Code § 1345.42(B)(7) is any location where the services are accessible to you. If, at any point, you permanently relocate to an area where accessibility to the services provided by Datebetter.com are more than 25 miles away, you may provide Datebetter.com with notice of your intent to cancel your subscription and you will be refunded a portion of your purchase price proportionate to the time remaining on the subscription after you moved away.
(a) Class Action Waiver: IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
(b) General Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above.
(25) US Export Controls
Software and Content provided through the Services is subject to United States export controls. No software or Content from the Services may be downloaded or otherwise exported or re-exported (a) 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 (b) 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 any such software or Content, 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.
(26) Contact Information
The full name of our company is Datebetter.com.com LLC, which is a registered Limited Liability Company in the State of Illinois. Our registered address is 2504E 1200N Rd. Assumption, IL. 62510.
You can contact us by email to firstname.lastname@example.org.