Terms and Conitions

TERMS and CONDITIONS OF USE AND DISCLAIMERS:

THIS IS A FREE SITE AND YOU WILL NOT BE BILLED FOR YOUR MEMBERSHIP TO THIS SITE. YOU UNDERSTAND AND AGREE THAT IN EXCHANGE FOR PROVIDING YOU WITH LIFETIME FREE MEMBERSHIP TO OUR SITE, YOU ARE AGREEING TO ALLOW US TO PROVIDE YOUR REGISTRATION INFORMATION TO THE THIRD PARTY SITES DISCLOSED TO YOU ON OUR SITE AT THE TIME YOU JOIN. THESE THIRD PARTY SITES WILL THEN, FOR A FEE THEY PAY TO US, ALLOW US TO FACILITATE YOUR FREE TRIAL MEMBERSHIPS WITH THEM BY ASSISTING THEM IN PROVIDING TO YOU NOTIFICATION OF YOUR SUCCESSFUL JOIN AND YOUR LOGIN INFORMATION, AND BY PROVIDING AGE VERIFICATION AND CONSUMER INFORMATION AND PAYMENT INFORMATION TO THEIR SITES. BECOMING A MEMBER TO THIS SITE IS FREE. HOWEVER, YOU MUST PAY FOR ALL CHARGES ASSOCIATED WITH THE PROVISION OF ANY OTHER SERVICES, SUBSCRIPTIONS OR PRODUCTS OBTAINED THROUGH THE SITE, INCLUDING ANY DELIVERY CHARGES, AND BILLED BY A THIRD PARTY SITE, ITS CREDIT CARD PROCESSOR AND ANY CARRIER. IF YOU ACCESS OR OTHERWISE USE THIRD PARTY SITES OR IF YOU HAVE ANY DEALINGS WITH THIRD PARTIES, INCLUDING ADVERTISERS FOUND ON THE SITE, YOU ACKNOWLEDGE THAT YOU DO SO SUBJECT TO ANY TERMS AND CONDITIONS AND ANY PRIVACY POLICIES APPLICABLE TO THOSE SITES AND THAT YOU DO SO AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF LINKED SITES OR FOR THEIR CONTENT, SERVICES, PRODUCTS, ACTIONS OR INACTIONS.

ACCEPTANCE OF TERMS

This use of this Web site ("Site") and any services ("Services") available through this Site are provided conditional upon your acceptance of the terms and conditions of use set out below (the "Agreement") AND our Privacy Policy.

By using this Site, including without limitation your browsing, viewing, accessing or downloading information, whether or not you register and become a member ("Member") on the Site, you agree to accept and abide by the provisions set out in this Agreement for each visit to the Site or use of the Services. If you do not agree to this Agreement in its entirety, then you should not access this Site or use the Services. 

This Agreement is entered into between Elite Int. (hereinafter "Elite", "Us", "Our" or "We") and you. 

You represent and warrant that you have the right, authority and capacity to legally enter into this Agreement and to comply with all of its terms and conditions. You may not use the Site, register as a Member or use any Services unless you can enter into legally binding agreements under applicable law and in any event unless you are at least 18 years of age.

Your use of the Site may be affected by other agreements between you and us or you and third parties and any use of this Site does not modify the terms and provisions of such other agreements.

PRIVACY

Please review our  Privacy Policy, which also governs your visit to the Site. As a function of your membership to this Site, you may be re-directed to other sites, which may provide you with membership services and payment processing services. YOU MUST review the privacy policy of all such sites as they will apply to any personal information that you provide to them, or that you have authorized us to provide to them. 

We take reasonable precautions to keep the details of your order and of any correspondence that you sent through the use of the Site and Services secure but we cannot be held liable for any losses as a result of unauthorized access to information provided by you.

CUSTOMER SUPPORT

For inquiries or to report any problems you may be experiencing with our Site, please contact our Customer Support line at support@datebook.net at any time.

MEMBERSHIP AND "OPT IN" TO CO-REGISTER WITH OTHER SITES

You must register on the Site to become a Member by supplying certain registration information ("Registration Information") including without limitation your name, telephone number, mailing address, email address and your current and valid credit card information, which we use for Age Verification purposes.

This is a Free Site and you will not be billed for your membership to this Site, at anytime the Site exists and you maintain your membership status, subject to the Termination section herein ("Lifetime Free Membership"). You understand and agree that in exchange for providing you with Lifetime Free Membership to our Site, you are agreeing to allow us to provide your Registration Information to the third party sites disclosed to you on our Site at the time you join. These third party sites will then, for a fee they pay to us, allow us to facilitate your free trial memberships with them by assisting them in providing to you notification of your successful join and your login information, and by providing age verification and consumer information and payment information to their sites.

It is your Registration Information that you agree we can share with the third party sites that are providing you with membership and/or free trial membership access. You represent and warrant to us that all Registration Information will be accurate. Otherwise, we and/or the third party sites that you wish to join cannot provide you with your login information. You understand and agree that while we may make the attempt to notify you of your successful join to a third party site to which you have been directed from this Site, it is the responsibility of the third party site to relay to you your login information, username and password and that we can in no way be held liable to you for any failure in providing this information to you. You understand and agree that your credit card information may be used by the third party sites in the event you elect to join them by signing up with them or by choosing to not terminate within their free trial membership periods.

You agree and understand that as a Member of this Site, you will be provided access to the Site and any Services available through the Site for free, including the service of having your Registration Information and age verification sent to the other sites you wish to join or with which you wish to enjoy a free trial membership. You understand and agree that this Site does not undertake to provide you with the content from any of these third party sites and is not responsible for fulfilling your orders with those third party sites.

You are not permitted to share your username or password with others or permit or authorize others to use your Membership. You are responsible for maintaining the confidentiality of your username, password and any other account access information. You will not permit others to access your account and are fully responsible for restricting access to your computer and account. You accept full responsibility for all actions taken using your account or password. Verification services will be billed a monthly subscription of $29.99 a month following the day of verification.

PAYMENT

Becoming a Member to this Site is free. However, you must pay for all charges associated with the provision of any other services, subscriptions or products obtained through the Site, including any delivery charges, and billed by a third party site, its credit card processor and any carrier.

The terms and conditions of use posted by the third party site that you may join through this Site will govern your payments, and for credit card payments, your credit card will be charged when you become a Member or place any order for Services through them.

SITE ACCESS AND USE

We grant to you a non-exclusive, non-transferable, revocable and limited right to make personal use of the Site, including the right to access and view the Site, subject to the terms and conditions set out in this Agreement, and to create a hyperlink to this Site, so long as the link does not portray us, our affiliates or their products or services in a false, misleading or derogatory manner or in any manner that may depreciate our or our affiliate's goodwill. You may not use or reproduce any of our content, including any of our trademarks, as a part of a link to us without our express written consent.

You may not make any commercial use of the Site whatsoever, including without limitation for the purposes of selling products or services or to increase traffic to any other Websites, whether owned by you or not. 

This Agreement and any license granted herein to use any Services will immediately terminate upon any unauthorized use of the Site or upon any breach of the provisions of this Agreement.

CONTENT LINKED TO BY US

In addition to the third parties operating the sites to which you agree we will send your Registration Information, we may provide links to sites operated by other third parties. These links do not constitute affiliation, endorsement, sponsorship or recommendation by us of the third parties, the linked site, content, services or products available on or through such third party sites. 

If you access or otherwise use third party sites or if you have any dealings with third parties, including advertisers found on the Site, you acknowledge that you do so subject to any terms and conditions and any privacy policies applicable to those sites and that you do so at your own risk. We are not responsible for the availability of linked sites or for their content, services, products, actions or inactions.

CHANGES IN TERMS OF USE AND SITE

We may change these terms and conditions of use at any time without notice. We may discontinue the Site or Services or any part of the Site or Services at any time without notice. You agree to review these Terms of Use from time to time so that you will be aware of any changes. 

IF YOU CONTINUE TO ACCESS THIS SITE OR USE THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES OR REVISIONS TO THESE TERMS OF USE, SUCH CONTINUED ACCESS OR USE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES OR REVISIONS TO THESE CONDITIONS OF USE, YOU MAY NOT USE THE SITE AND MUST DISCONTINUE USE OF THE SITE IMMEDIATELY. IN OTHER WORDS, BY CONTINUING TO USE THIS SITE OR THE SERVICES OFFERED HEREIN, YOU ARE AGREEING TO CHECK THESE TERMS OF USE PERIODICALLY AND ABIDE BY ANY AND ALL CHANGES.

PROHIBITIONS

In addition to any other limitations set out in this Agreement, you may not nor will you allow others to directly or indirectly:

    1. download content from the Site other than for page caching automatically performed by your Web browser software;
    2. modify, copy, display or translate the Site or any part of the Site;
    3. decompile, reverse engineer or disassemble the Site;
    4. create, reproduce, upload, download, communicate, publish, store or use any content or other material the effect of which is to infringe upon third party intellectual property rights including copyrights;
    5. frame or use framing techniques to enclose any element of the Site including any of its content without our express written consent;
    6. use any meta tags or other "hidden text" containing our name or trademarks without our express written consent;
    7. meta-search the Site;
    8. upload, post or otherwise transmit on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
    9. interfere with the security of, or otherwise abuse, this Site or any system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
    10. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part;
    11. use or attempt to use another's account, password, service, system or other information without prior written authorization from us, or create or use a false identity on this Site;
    12. transmit through, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
    13. upload to, distribute to, or otherwise disseminate through this Site or through the use of the Services, including through the use of the Services to deliver letters to third parties, any material or information of any kind that is defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services;
    14. disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
    15. attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access;
    16. use this Site in any manner that could damage, disable, overburden or impair this Site; or
    17. use the Site or Services in any way that violates applicable law.

SUBMISSION OF INFORMATION

We may provide certain security in an effort to protect the electronic transmission of credit card numbers or other financial information that you submit to us through this Site. However, we do not guarantee the security of any information including any financial information transmitted to or from this Site. Other than the financial information, you are not permitted to send or transmit any confidential or proprietary information to us through this Site. Except for the financial information referred to above or personal information about you, any information that you send to us through this Site will be deemed non-confidential information to which you have granted us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense such information or to incorporate it in other works.

THIRD PARTY CONTENT

This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. We shall have no liability whatsoever for any third party material, data, information or other content.

INTELLECTUAL PROPERTY

All content on the Site, including all text, graphics, icons, images, audio or video clips and software is our property or the property of our licensors and is subject to copyright. All compilations of content on the Site are our exclusive property and subject to copyright and other intellectual property laws.

TRADEMARKS

All marks displayed on the Site are trademarks or registered trademarks belonging to us or to our affiliates or licensors. The Site look and feel, layout, graphics, icons and images constitute trademarks or trade dress belonging to us. Our trademarks and trade dress may not be reproduced or used in association with any products or services except as authorized by us. All trademarks not owned by us or our affiliates that appear on the Site are the property of their respective owners.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that you possess the legal right and ability to enter into this Agreement and to comply with its terms, that you will comply with all of the terms, conditions and other provisions of this Agreement and our Privacy Policy, that you will comply with all applicable laws and policies affecting the use of the Site or Services, and that you will only use the Site or Services on a computer on which such use is authorized by the computer's owner.

TERMINATION

We may terminate this Agreement, refuse access to the Site or terminate any Membership at any time without notice, in the event the Site is suspended or terminated for any reason, or in the event the Site's owner ceases to do business, or if ownership or assets are assigned, transferred or sold to another entity or to creditors, or in the event of insolvency or liquidation or bankruptcy proceedings, whether voluntary or otherwise.

SPAM

We are absolutely against Spam (unsolicited or bulk commercial email) and actively fight to keep our service free of Spam. If you have been spammed by someone who has used our service to link to their website (otherwise known as 'spamvertising') you should know we did not send this Spam to you. Any Spam that does not comply with the Can-Spam Act of 2003 should be reported. We will do everything we can to actively fight Spam email, and we will store and maintain user IP address and email (if we have it) so this data can be handed over to authorities should they request it. If you would like more information on our Spam policy, how we handle complaints or would like to report abuse, click to Contact Us.

DISCLAIMER AND LIMITATION OF LIABILITY

No representations, conditions, warranties or guarantees are expressed or can be implied regarding the Site or Services, including without limitation any representations, conditions, warranties or guarantees as to description, conditions, fitness for purpose, quality, quantity or merchantability or as to any other matter whatsoever. You expressly waive all such express or implied representations, conditions, warranties and guarantees. Without limiting the generality of the foregoing, we make no representations, conditions, warranties or guarantees about the accuracy, completeness or timeliness of any goods or services delivered by us or by any of the third party sites you may access through our Site, from which you may elect to receive good or services. NEITHER WE NOR OUR AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, IF ANY, will be liable for damages of any kind arising out of or from the use of the Site. This limitation shall apply irrespective of the nature of the cause of action, demand or action, including but not limited to, breach of contract, negligence, tort or any other legal theory and survive a fundamental breach or breaches or failure of the essential purpose of this Agreement, or any remedy contained in this Agreement. In no event shall we be liable for indirect, special, consequential, incidental, punitive or exemplary losses, damage or expenses (including but not limited to business interruption, loss of profits, lost business, or lost savings) even if we have been advised of their possible existence. The allocations of liability in this Agreement represent the agreed and bargained-for understanding of the parties. IF THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MIGHT NOT APPLY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK. We will not be responsible for any unauthorized use of your Membership.

INDEMNIFICATION

You agree to hold harmless and indemnify us, our agents, affiliates, partners, successors or assigns, and their respective directors, officers, shareholders and employees (each an "indemnified party"), from and against any losses, damages, expenses, fines, monetary penalties, liabilities (whether accrued, actual, contingent, latent or otherwise), claims and demands of any nature or kind including any interest and all legal fees and costs on a substantial indemnity basis, and including without limitation any claims for loss of revenue, expected profits or expected savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive or exemplary losses or damages (each a "claim") which an indemnified party may suffer or incur by reason of any breach or allegation of breach of any warranty, representation or agreement made by you under this Agreement, by reason of your use of this Site or Services or by your use of a third party site or service you linked to from this Site, or by reason of a failure by you to comply with all applicable laws.

AMENDMENTS AND WAIVERS

No amendment to this Agreement will be valid or binding unless set out in writing by us and posted to the terms and conditions of this Agreement on the Site. No waiver of any breach of any provision of this Agreement will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific breach waived.

ASSIGNMENT

You may not assign or transfer this Agreement, any right granted under this Agreement or your Membership to any other person. We may assign all our rights and obligations under this Agreement to another entity at our sole discretion and subject to our rights at Termination.

SEVERABILITY

If any one or more provisions contained in this Agreement should be held by a court or other tribunal to be invalid, illegal or otherwise unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the country of Canada, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to the Agreement shall be in an appropriate court located in Canada. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.

NOTICE AND COMMUNICATION

When you visit the Site or send any e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all demands, notices or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


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