Online Dating for Health and Fitness Lifestyle | healthdate.com™
Welcome to Healthdate.com! This is a legal agreement ("Agreement") between you and Healthdate.com, LLC, a California Limited Liability Corporation ("Healthdate.com"), which may be contacted at 2683 Via de la Valle, Ste. G305, Del Mar, California 92014. By accessing Healthdate.com, currently located at www.Healthdate.com (the "Site"), and using any of the services (as defined below) accessible through the Site, you become a user and agree to be bound by the terms and conditions of this Agreement for as long as you continue to use the Site and its Services.
1. Minimum Age: You must be at least eighteen (18) years old to use the Site or to register for the services provided by Healthdate.com.
2. Marital Status: You may join Healthdate.com, if you are Single, Married, or in a Relationship. Healthdate.com LLC is NOT liable for actions of infidelity, which may accrue with members who are married or in a relationship.
3. Criminal History: WARNING, Online dating can be DANGEROUS. Date at your own risk. Healthdate.com LLC will NOT be LIABLE for such Criminal Acts. You represent and warrant that you have never been convicted of felony and that you are not required to register as a sex offender with any government entity. Healthdate.com does not currently conduct criminal background screening on its members, but, Healthdate.com reserves the right to conduct any criminal background screening at any time. By agreeing to these terms and conditions, you hereby authorize the criminal background screening by Healthdate.com. Since Healthdate.com currently does not attempt to verify the statements provided by its members, you are solely responsible for your interaction with other members and Healthdate.com makes no representations or warranties as to the conduct of members or their compatibility with any current or future members.
4. Disclosure of Disease or Health problems: You represent and warrant that you candidly disclose your health problems such as cancer, heart problems, diabetes, obesity, HIV and other disabilities to Healthdate.com. Healthdate.com does not currently conduct health background screening on its members, but, Healthdate.com reserves the right to conduct any health background screening at any time. Since Healthdate.com currently does not attempt to verify the statements provided by its members, you are solely responsible for your interaction with other members and Healthdate.com makes no representations or warranties as to the conduct of members or their compatibility with any current or future members.
Membership and Subscription
1. You may become a member of the Site by registering without any membership fee. You are entitled to participate in some, but not all, of the features and services available within the Site, as a member. However, in order to access additional features and services, including but not limited to the ability to communicate with other members, you will be requested to become a paying subscriber to the Site.
1. This Terms of Agreement will remain in full force and effect while you are a member and use the Site. You may terminate your membership and/or subscription at any time, for any reason, by following the instructions on your profile page, or you may contact us online or send Healthdate.com written notice of termination to Healthdate.com, LLC, 2683 Via de la Valle, Ste. G305, Del Mar, California 92014. If you resign or cancel your membership and/or subscription via the Site, you may be asked to provide a reason for your resignation/cancellation, for analysis of improvement of the service by Healthdate.com; however, you may bypass this brief resignation survey page and continue the resignation/cancellation process. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (the subscription period through which you had paid prior to your termination). Current Subscriptions are not refundable after joining and subscribing to healthdate.com. You may only cancel the subscription from recurring for the next month/months (see FAQ 28. How do I cancel a recurring subscription). Healthdate.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your registration for the membership with the Site. If Healthdate.com terminates your membership or subscription due to your breach of this Agreement, you are not entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Healthdate.com, and Healthdate.com is not required to provide you notice prior to terminating your membership. In addition, Healthdate.com is not required, and may be prohibited, from disclosing a reason for termination of your account. After your membership or subscription is terminated, all terms that may survive termination of this Agreement shall be deemed to survive such termination.
Use of Healthdate.com Site and its Services, Forum, Blog, and Events
1. Exclusive Use: Your account with the Site is for your personal use only and you may not authorize others to use your account. You may not assign or otherwise transfer your account to any other people or entities.
2. Account Security: You are fully responsible for maintaining the confidentiality of the username and password that you designate during the registration process with the Site, and you are also responsible for all activities occurring under your name and/or password. You agree to (a) immediately notify Healthdate.com of any unauthorized use of your username and/or password, or any other breach of security of your account, and (b) ensure to log out your account at the end of each session with the Site. You agree that Healthdate.com is not liable for any loss or damage arising from your failure to comply with this provision for your own Account Security. You are responsible for exercising caution when accessing your account from a public or shared computer such that other are not able to view or record your password or other personal information.
3. Unique and Profile in good faith: You agree that you will create only one unique profile and your use of the services at the Site must be for relationship-seeking purposes in good faith, in order to maintain the integrity of the services at the Site.
4. Non-commercial Use by Members: You agree that the Site is for the personal use of individual members and may not be used in connection with any commercial endeavors. Other than individual members, organizations, companies, and/or businesses may not become members and should not use any services at the Site for any commercial purpose. Any illegal and/or unauthorized use of the Site, including but not limited to collecting usernames and/or email addresses of members for the purpose of sending unsolicited emails and unauthorized linking to the other websites may be investigated, and followed by appropriate legal action. You may not use your Username for a source of contact: phone numbers, emails, and urls are prohibited. You may not advertise or solicit any users to buy or sell any products or services through the Site. You may not transmit any chain letters, junk or spam e-mails to other users. We reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
5. Interaction with Other Members: WARNING, online dating can be DANGEROUS. You agree that in no event shall Healthdate.com 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 services at the Site, including but not limited to emotional distress, bodily injury, and/or any other damages resulting from communications or meetings with other users of the Site or persons you meet through the Site. You agree that you take reasonable precautions in all interactions with other registered members of the Site, specifically when you decide to meet other members offline or in person.
6. Information Posted by You on the Site, Forum, and Events: You agree that you are solely responsible for, and assuming liability regarding: (a) the information and content you contribute to the Site; and (b) the information and content you post, transmit, record, publish, or otherwise make available through the Site.
a. You agree that Healthdate.com owns and retains all proprietary rights in the Site and its services. The Site contains the copyrighted material, trademarks, and other proprietary information of Healthdate.com.
b. You understand and agree that Healthdate.com may review and delete any content, messages, double-blind emails, video (including streaming videos), voice notes, recordings, photos or profiles, in any case in whole or in part, that violates this Agreement or which might be offensive, illegal, or that might violate the rights of other members or threaten the safety of other members.
c. You agree that you will not post on the Site, or transmit to other registered members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or violate another party"s rights (including, but not limited to, intellectual property rights, such as copyrights, and trademark rights, and privacy and publicity rights) as listed below:
i. You agree that in any case, you will not provide information that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals;
ii. You agree that in any case, you will not provide information that is defamatory, abusive, obscene, profane, offensive, sexually oriented or otherwise objectionable;
iii. You agree that in any case, you will not provide information that contains video, audio photographs, or images of another person without his or her permission (in the case of a minor, the minor"s legal guardian"s permission is required);
iv. You agree that in any case, you will not provide information that provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
v. You agree that in any case, you will not provide information that promotes or enables illegal or unlawful activities;
vi. You agree that in any case, you will not provide information that contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or disruptive codes, components or devices;
vii. You agree that in any case, you will not provide information that disseminates another member"s personal information without his or her permission, or collects or solicits another person"s personal information for commercial or unlawful purposes;
viii. You agree that in any case, you will not provide information that is in any way used for or in connection with spamming, phishing, trolling, or similar activities;
ix. You agree that in any case, you will not provide information that is misleading or false. If information that you had provided to Healthdate.com or another user subsequently becomes misleading or false, you must promptly notify Healthdate.com of such change made;
x. You agree that in any case, you will not provide any information to harass, annoy, threaten or advocate harassment of another person, to the Site; and
xi. You agree that in any case, you will not provide any information that is intended to defraud, swindle, or deceive other members of the Site.
d. You agree that in you may not engage in advertising to, or solicitation of, other members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Site or to attend parties or other social functions or networking for commercial purposes.
e. You agree that all information you provide for your member profile must be accurate, current and complete.
7. Prohibited Activities: Healthdate.com reserves the right to investigate and terminate your membership if you have misused the services at the Site, or behaved in a way which could be deemed in a sole discretion of Healthdate.com, inappropriate, unlawful or illegal, as listed below:
a. You agree that you will not impersonate, or otherwise misrepresent affiliation, connection, or association with any person or entity;
b. You agree that you will not express or imply that your statements are endorsed by Healthdate.com without any prior written consent from Healthdate.com;
c. You agree that you will not stalk or otherwise harass or annoy any other members;
d. You agree that you will not reproduce or distribute any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
e. You agree that you will not interfere with or disrupt the services at the Site or networks connected to the services on Healthdate.com;
f. You agree that you will not forge headers or manipulate identifies in order to disguise the origin of any information transmitted through Healthdate.com;
g. You agree that you will not mirror or frame any part of the services on the Site, without Healthdate.com"s prior written consent and authorization. You also agree that you will not use meta tags or code or other devices containing any reference to the Site or Healthdate.com or the services at the Site, in order to direct any person to any other website for any purpose; and
h. You agree that you will not modify, adapt, sublicense, translate, sell, decipher, decompile or disassemble any portion of the services on the Site or any software used for the services at the Site, or cause others to do so.
No Use of Confidential Information
1. You agree that you will not post, copy, modify, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, any (a) confidential information or (b) other copyrighted material, trademarks, or other proprietary information accessible via the Site, without prior written consent or permission from the owner of such proprietary rights.
1. No Guarantees: You agree that Healthdate.com may not be able to provide matches for everyone seeking to use its services. You agree that Healthdate.com makes no guarantees, either express or implied, regarding your ultimate desire or criteria to communicate with other registered users, or your ultimate compatibility with other registered users you meet through the services at the Site.
Events and Purchase
1. Healthdate.com shall not be liable for any damages whatsoever, whether direct, indirect, compensatory, consequently, general, special, 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, meeting, events, and /or with other businesses, groups, restaurants who collaborate with Healthdate.com. You agree to take reasonable precaution in all interactions with other members of the service, particularly if you decide to meet in person, and participate in events offline. You agree to review Healthdate.com dating safety tips prior to using the services.
2. Healthdate.com purchases are non-refundable and non-transferable for any event, meeting, and/or other businesses, groups, restaurants who collaborate with Healthdate.com.
1. You agree that Healthdate.com reserves the right to monitor the information or material you submit or post in the public services at the Site. Healthdate.com reserves the right and sole discretion to remove any such information or material that violates, or may violate, any applicable law or upon the request of any other members or any third party. However, Healthdate.com is not obligated to monitor the information or material you submit or post in the public services at the Site.
2. Profiles will be deleted, if your email or any other email you provide are shown on any spam-list.
Limitation of Liability
1. Except in jurisdictions where such provisions are restricted, to the maximum extent permitted by applicable law, in no event will Healthdate.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages arising out of or relating to the use or inability to use the services at the Site, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Healthdate.com knows or has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will Healthdate.com aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services at Healthdate.com.
2. Except in jurisdictions where such provisions are restricted, to the maximum extent permitted by applicable law, in no event will Healthdate.com 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 services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, or events with other members at the Site. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
3. Healthdate.com and its contractors may use various ways of verifying information that the members of the Site have provided. However, you agree that Healthdate.com and its contractors will have no liability to you arising from any incorrectly verified information.
Disclaimers of Warranty
1. You agree that to the maximum extent permitted by applicable law, Healthdate.com provides the services on an "as is" and "as available" basis and grants no warranties, whether express, implied, statutory or otherwise with respect to the services at the Site, including an implied warranties or merchantability, fitness for a particular purpose or non-infringement. Healthdate.com does not warrant that your use of the services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services at the Site will be corrected. Healthdate.com disclaims liability for, and no warranty is made with respect to the connectivity and availability of the services at Healthdate.com.
2. Third Party Content: You agree that Healthdate.com does not guarantee the accuracy, completeness or usefulness of any information provided on the services at the Site. You agree that Healthdate.com does not adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Healthdate.com. You further agree that under no circumstances will Healthdate.com be responsible for any loss or damages resulting from any member"s reliance on information or other content posted or blogged on the service, or transmitted to or by any other members.
1. Healthdate.com provides assistance and guidance through its customer care representatives. You agree that you may not be abusive, offensive, obscene, profane, harassing, racially offensive, threatening, or inappropriate when communicating with our customer care representatives. If we feel in our sole discretion that your behavior towards our customer care representatives or other employees at Healthdate.com is at any time abusive, offensive, obscene, profane, harassing, racially offensive, threatening, or inappropriate, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
Your Billing Account
1. Healthdate.com bills you through an online account for use of the services at the Site. You agree that you will pay Healthdate.com all charges for any use of the services by you and you authorize Healthdate.com to charge your chosen payment provider for the services at the Site. Healthdate.com reserves the right to correct any billing errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based upon your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
1. You agree that you will indemnify and hold Healthdate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney"s fees, made by any their party due to or arising out of your use of the services at the Site in violation of this Agreement and/or arising out of a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Modification to Services at Healthdate.com
1. You agree that Healthdate.com reserves the right at any time to modify or discontinue, temporarily or permanently, the services at the Site with or without notice. You further agree that Healthdate.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services at the Site.
Blocking of IP Addresses
1. You agree that Healthdate.com reserves the right at any time in its sole discretion to block its members from certain IP addresses from accessing the Site, to protect the integrity of the services at the Site.
1. You agree that the exclusive means of resolving any dispute or claim arising out of or relating to this Agreement, including any alleged breach of this Agreement, the services at the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The only exceptions to the exclusivity of arbitration are claims of infringement or misappropriation of Healthdate.com"s copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which Healthdate.com may elect to have resolved by means other than arbitration. Despite the above, Healthdate.com is always interested in attempting to resolve any dispute in amicable and informal way, and we encourage you to contact us before you resort to arbitration. YOU AND HEALTHDATE.COM AGREE THAT BOTH OF US GIVE UP OUR RIGHT TO GO TO COURT in connection with any dispute, and that our rights will be determined by a neutral arbitrator, not by a judge or jury.
2. No Class Actions: You agree that under no circumstances, will you commence or maintain any class action, or any class proceeding in connection with any dispute with the other party. You further agree that neither you nor Healthdate.com agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person.
3. Arbitration Procedure: You agree that if the parties are unable to resolve a dispute by informal means, the arbitration of disputes will be administered by the American Arbitration Association (AAA), a non-profit organization which is not affiliated with Healthdate.com, in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes.
4. Time Limitation to Commence a Dispute: You agree that regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any dispute must be filed within one (1) year after the date in which the incident giving rise to the dispute occurred. Failure to file an arbitration claim as described above within such one (1) year constitutes a waiver of such claim and serves as complete bar to any claim based upon any dispute.
No Third Party Beneficiaries
1. You agree that there shall be no third party beneficiaries to this Agreement, except as otherwise expressly provided in this Agreement.
1. You agree that except as otherwise stated in this section, you may cancel your registration or subscription to any services at the Site, at any time during the term of such registration or subscription or any renewal period. Your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
2. Cancellation As a Result of Death or Disability: You agree that if by reason of death or disability you are unable to receive all the services at the Site, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (c).
a. If you have prepaid any amount for the service at the Site, the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your estate.
b. "Disability" refers to a condition which precludes you from physically using the services at the Site during the term of disability and the condition is verified in writing by a physician designated by you. Written verification from the physician is required to be presented to Healthdate.com.
c. If the physician determines that the duration of the disability will be less than six (6) months, Healthdate.com may extend the term of the services at the Site contract for a period of six (6) months at no additional charge to you, in lieu of cancellation.
I HAVE READ THIS AGREEMENT AND HEREBY AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.