Terms & Conditions
You must be at least eighteen (18) years of age to register as a member of Dateolicious.com
or use the Website. membership in the Service is void where prohibited. By using
the Website, you represent and warrant that you have the right, authority and capacity
to enter into this Agreement and to abide by all of the terms and conditions of
This Agreement will remain in full force and effect while you use the Website and/or
are a member. You may terminate your membership and/or subscription at any time,
for any reason, by emailing notice of termination to Support@Dateolicious.com. Dateolicious.com
may terminate your membership by sending notice to you at the email address you
provide in your application for membership, or such other email address as you may
later provide to Dateolicious.com. All decisions regarding the termination of accounts
shall be made in the sole discretion of Dateolicious.com. Dateolicious.com is not
required to provide you notice prior to terminating your membership. Dateolicious.com
is not required, and may be prohibited, from disclosing a reason for the termination
of your account. Even after your membership is terminated, this Agreement will remain
in effect. All terms that by their nature may survive termination of this Agreement
shall be deemed to survive such termination.
Non-commercial Use by members
The Website is for the personal use of individual members only and may not be used
in connection with any commercial endeavors. Organizations, companies, and/or businesses
may not become members and should not use the Service or the Website for any purpose.
Illegal and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of or linking to the Website
may be investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress.
Security of your Account
You are responsible for maintaining the confidentiality of the username and password
that you designate during the Registration process, and you are fully responsible
for all activities that occur under your username and password. You agree to (a)
immediately notify Dateolicious.com of any unauthorized use of your username or
password or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. Dateolicious.com will not be liable for any
loss or damage arising from your failure to comply with this provision. You should
use particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your password or other personal information.
Interactions with other members
You are solely responsible for your interactions with other members. You understand
that Dateolicious.com does not in any way screen its members, nor does Dateolicious.com
inquire into the backgrounds of its members or attempt to verify the statements
of its members. Dateolicious.com makes no representations or warranties as to the
conduct of members or their compatibility with any current or future members. In
no event shall Dateolicious.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 Service, including without limitation, bodily injury, emotional distress,
and/or any other damages resulting from communications or meetings with other registered
users of this Service or persons you meet through this Service. You agree to take
reasonable precautions in all interactions with other members of the Service, particularly
if you decide to meet offline or in person. You understand that Dateolicious.com
makes no guarantees, either express or implied, regarding your ultimate compatibility
with individuals you meet through the Service. You should not provide your financial
information (for example, your credit card or bank account information) to other
Content on Dateolicious.com
(a) Proprietary Rights. Dateolicious.com owns and retains all proprietary rights
in the Website and the Service. The Website contains the copyrighted material, trademarks,
and other proprietary information of Dateolicious.com, and its licensors. Except
for that information which is in the public domain or for which you have been given
written permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information. (b) Reliance on Content, Advice,
Etc. Opinions, advice, statements, offers, or other information or content made
available through the Service, but not directly by Dateolicious.com, are those of
their respective authors, and should not necessarily be relied upon. Such authors
are solely responsible for such content. Dateolicious.com does not: (i) guarantee
the accuracy, completeness, or usefulness of any information on the Service, or
(ii) adopt, endorse or accept responsibility for the accuracy or reliability of
any opinion, advice, or statement made by any party that appears on the Website.
Under no circumstances will Dateolicious.com or its affiliates be responsible for
any loss or damage resulting from your reliance on information or other content
posted on the Website or transmitted to or by any members.
Content Posted by You
a. You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other members. You will not post
on the Service, or transmit to other members, any defamatory, inaccurate, abusive,
obscene, profane, offensive, sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material that infringes or violates another
party's rights (including, but not limited to, intellectual property rights,
and rights of privacy and publicity). You will not provide inaccurate, misleading
or false information to the Company or to any other member. If information provided
to Dateolicious.com, or another member, subsequently becomes inaccurate, misleading
or false, you will promptly notify Dateolicious.com of such change. b. You understand
and agree that Dateolicious.com may review and delete any content, messages, double-blind
emails, photos or profiles (collectively, "Content"), in each case in
whole or in part, that in the sole judgment of Dateolicious.com violate this Agreement
or which might be offensive, illegal, or that might violate the rights, harm, or
threaten the safety of members. c. By posting Content to any public area of Dateolicious.com,
you automatically grant, and you represent and warrant that you have the right to
grant, to Dateolicious.com, its affiliates, licensees and successors, an irrevocable,
perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display,
reproduce, adapt, modify and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and content,
and to grant and authorize sublicenses of the foregoing. You further represent and
warrant that public posting and use of your content by Dateolicious.com will not
infringe or violate the rights of any third party. d. The following is a partial
list of the kind of Content that is illegal or prohibited on the Website.
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Service in a way
that constitutes copyright infringement, please provide our Copyright Agent with
the following information: an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material that
you claim is infringing is located on the Website; your address, telephone number,
and email address; a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Dateolicious.com's Copyright Agent
for notice of claims of copyright infringement can be reached as follows:
You are solely responsible for your interactions with other Dateolicious.com members.
Dateolicious.com reserves the right, but has no obligation, to monitor disputes
between you and other members.
Dateolicious.com IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED
ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE
WEBSITE, memberS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED
IN THE SERVICE. Dateolicious.com IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE
OR OFFLINE, OF ANY USER OF THE WEBSITE OR member OF THE SERVICE. Dateolicious.com
ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR member COMMUNICATIONS. Dateolicious.com
IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK
OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE,
FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION
ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE
TO USERS AND/OR memberS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING
FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN
CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL Dateolicious.com OR ANY
OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S
USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED
TO memberS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR
OFFLINE. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS-IS" AND Dateolicious.com
EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Dateolicious.com CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
USE OF THE WEBSITE AND/OR THE SERVICE.
Except in jurisdictions where such provisions are restricted, in no event will Dateolicious.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Dateolicious.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Dateolicious.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Dateolicious.com for the Service during the term of membership.
Indemnity and Disputes
a. Disputes. Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action. You agree that any dispute arising from this Agreement or about or involving the Services will by governed by the laws of the State of Florida (USA), without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and Dateolicious agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in, the state courts located in Orlando, Florida (USA) in such legal action or proceeding.
b. Indemnity. You agree to defend, indemnify and hold Dateolicious, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii)your conduct in connection with the Services or our users, (iv)your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.
Modification to Service
Dateolicious.com reserves the right at any time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You agree
that Dateolicious.com shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
"DATEOLICIOUS," Dateolicious's logos and any other trade name or slogan contained in the Services are trademarks or service marks of Dateolicious, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dateolicious or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Dateolicious and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the Dateolicious websites for noncommercial purposes, provided such link does not portray Dateolicious or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use Dateolicious's logo or proprietary graphics to link to any Dateolicious website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Dateolicious trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without Dateolicious's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Dateolicious or any third party.
Dateolicious makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of Dateolicious and Dateolicious is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Dateolicious provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Dateolicious of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
Third Party Content
Dateolicious may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Dateolicious does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Dateolicious is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
a. General. You also agree to pay the applicable fees for the Paid Services (including without limitation periodic fees for ongoing subscriptions (the "Subscription Fees") as set forth on the Services) as they become due plus all related taxes (including without limitation sales and use taxes, duties or other governmental taxes or fees), and to reimburse us for all collection costs and interest for any overdue amounts. Fees for the Paid Services may be payable in advance, in arrears, per usage or as otherwise described when you initially purchase the Paid Services. All prices for Paid Services are subject to change without notice.
b. Payment Method. Dateolicious may, from time to time, offer various payment methods, including without limitation payment by credit card and by debit card. Dateolicious charges you for Paid Services through the payment method you select when originally purchasing the Paid Services (the "Payment Method") and you agree to make payment using that Payment Method. Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid Services reaffirms that we are authorized to charge your Payment Method.
c. Automatic Renewal of Subscriptions. IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD IDENTIFIED ON OUR SERVICES AS INVOLVING AN AUTOMATICALLY RENEWING SUBSCRIPTION) AND YOU DO NOT CANCEL YOUR SUBSCRIPTION AS SET FORTH IN SECTION 13(d) BELOW PRIOR TO THE END OF THE TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED (FOR EXAMPLE, UNLESS YOU CANCEL, A ONE MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A MONTHLY BASIS AND A SIX MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW ON A SIX MONTH BASIS). UNLESS OTHERWISE INDICATED IN ANY APPLICABLE ADDITIONAL TERMS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH SUBSCRIPTION FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTO RENEWAL. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
d. Cancellation of Subscriptions. TO CHANGE OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, OTHER THAN PURSUANT TO SECTION 21, GO TO THE "HOME" PAGE OF YOUR ACCOUNT, CLICK ON "SUBSCRIPTION" AND FOLLOW THE INSTRUCTIONS. IF YOU CANCEL YOUR SUBSCRIPTION, OTHER THAN PURSUANT TO SECTION 21, YOUR SUBSCRIPTION BENEFITS WILL CONTINUE UNTIL THE END OF YOUR THEN CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED AFTER THAT TERM EXPIRES.
e. Current Information Required. You agree to provide current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due to Dateolicious. You agree to promptly notify Dateolicious if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid Services and you remain responsible for all such charges.
f. Change in Amount Authorized. If the amount to be charged varies from the amount you authorized when purchasing any Paid Services (other than due to the imposition or change in the amount of taxes, including without limitation sales and use taxes, duties or other governmental taxes or fees), Dateolicious will provide notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. You agree that Dateolicious may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Dateolicious reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Termination of Service
This Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
a. Termination by Dateolicious. Notwithstanding anything to the contrary in this Agreement, Dateolicious may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion..
b. Termination by You. In addition to any right to cancel your subscription pursuant to Section 21, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the "Home" page of your account.
In addition to the cancellation procedure set forth in Section 13(d) above, if you are a Dateolicious subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), you have the right to cancel your subscription in accordance with the applicable terms described below for such state. The date of your subscription is the date that you sign up for the subscription through our Services. Upon cancellation of your subscription in accordance with this Section 21, your subscription benefits will terminate immediately.
a. Arizona. You have the right to cancel your subscription, without any penalty or obligation, within three business days, excluding Sundays and holidays, following the date you became a subscriber. A signed written notice of cancellation (which includes your Dateolicious user name and the email address used to register for the Services) must be sent by certified mail to Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811, or personally delivered to our offices at that address. Monies paid pursuant to any subscription for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
b. Florida. You have the right to cancel your subscription, without any penalty or obligation, at any time until midnight of the third business day after the day on which you subscribe to any Paid Services. To cancel your subscription, mail or deliver a signed and dated notice (which includes your Dateolicious user name and the email address used to register for the Services) to Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811, or send a telegram which states that you are cancelling your subscription or words of a similar effect. Notice of cancellation if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. All moneys paid pursuant to any subscription for dating services shall be refunded within 10 days of receipt of the notice of cancellation.
c. Connecticut. NOTICE OF CANCELLATION
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT THE FOLLOWING ADDRESS: DATEOLICIOUS, INC., ATTN: REFUND REQUEST, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR DATEOLICIOUS USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
d. Illinois. You have the right to cancel your subscription, without any penalty or obligation, within three business days after the first business day after the date you became a subscriber. A written notice of cancellation (which includes your Dateolicious user name and the email address used to register for the Services) must be sent by certified or registered mail to Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811. Monies paid pursuant to any subscription for dating services shall be refunded within 30 days of receipt of the notice of cancellation.
e. Iowa. You have the right to cancel your subscription, without any penalty or obligation, within three business days following the date you became a subscriber. A written notice of cancellation (which includes your Dateolicious user name and the email address used to register for the Services) must be mailed or delivered to Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811 or send a telegram. Monies paid pursuant to any subscription for dating services shall be refunded within 10 business days of receipt of the notice of cancellation.
f. Minnesota. MEMBERS' RIGHT TO CANCEL
If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the club. The notice must say that you do not wish to be bound by the contract and must be delivered or mailed before midnight of the third business day after you sign this contract. The notice must be delivered or mailed to: Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811. If you cancel, the club will return, within ten days of the date on which you give notice of cancellation, any payments you have made. Include your Dateolicious user name and the email address used to register for the Services with such notice.
g. New York. NOTICE OF CANCELLATION
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT BY MAILING THIS SIGNED AND DATED NOTICE OF CANCELLATION BY CERTIFIED OR REGISTERED UNITED STATES MAIL TO THE SELLER AT DATEOLICIOUS, INC., ATTN: REFUND REQUEST, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811. IF YOU CANCEL, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT WILL BE RETURNED WITHIN TEN (10) BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE. INCLUDE YOUR DATEOLICIOUS USER NAME AND THE EMAIL ADDRESS USED TO REGISTER FOR THE SERVICES WITH SUCH NOTICE.
h. Ohio. You have the right to cancel your subscription, without any penalty or obligation, until midnight of the third business day after the date you became a subscriber. A written notice of cancellation (which includes your Dateolicious user name and the email address used to register for the Services) must be sent by certified mail, return receipt requested, or delivered to Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811 or send a telegram.
i. Rhode Island. NOTICE OF CANCELLATION
You may cancel your subscription at any time prior to midnight of the third business day after your receipt of a copy of this contract by mailing, by certified or registered United States mail, a signed and dated copy of this Notice of Cancellation at Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811. If you cancel under this provision, any payments made by you under the Agreement will be returned within ten (10) business days following receipt by the seller of your cancellation notice. Include your Dateolicious user name and the email address used to register for the Services with such notice.
j. Wisconsin. CANCELLATION AND REFUNDS
RIGHT TO CANCEL. You are permitted to cancel your subscription until midnight of the 3rd day after the date on which you signed the contract. If within this time period you decide you want to cancel this contract, you may do so by notifying Dateolicious by any writing mailed or delivered to Dateolicious at the address shown on the contract, within the previously described time period. If you do so cancel, any payments made by you will be refunded within 21 days after notice of cancellation is delivered, and any evidence of any indebtedness executed by you will be canceled by Dateolicious and arrangements will be made to relieve you of any further obligation to pay the same. Include your Dateolicious user name and the email address used to register for the Services with such notice.
22. STATE SPECIFIC PROVISIONS
If you are a Dateolicious subscriber in one of the following states (as determined by the zip code you use at the time of your subscription), the provision(s) listed below for such state will apply. Unless otherwise stated, you may exercise any rights applicable to you by providing written notice to us (which includes your Dateolicious user name and the email address used to register for the Services) by mail at Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811.
a. California. The following additional provisions(s) apply if you are a Florida subscriber (as determined by the zip code you use at the time of your subscription):
i. If by reason of death or Disability (as defined below) you are unable to receive all services for which you have contracted, you and your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death or the onset of disability. If you have prepaid any amount for Services, so much of the amount prepaid that is allocable to Services that you have not received shall be promptly refunded to you and your representative. "Disability" means a condition which precludes you from physically using the Services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. The written verification of the physician shall be presented to Dateolicious. If the physician determines that the duration of the disability will be less than six months, you may extend the term of the contract for a period of six months at no additional charge to the buyer in lieu of cancellation.
ii. You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of Florida Civil Code¬§ 1694.3(b), the term "Dating Service Office" shall mean any location where the Services are available. If you relocate your primary residence further than 50 miles from Dateolicious's Dating Service Office and you are unable to transfer the contract to a comparable facility, you may elect to be relieved of the obligation to make payment for services, other than those received prior to that relocation.
b. Illinois. The following additional provision(s) apply if you are an Illinois subscriber (as determined by the zip code you use at the time of your subscription):
i. You acknowledge that the Services are accessible online and are offered in many locations internationally and that therefore, there is no physical dating service office. Thus, you acknowledge and agree that for purposes of the Illinois Dating Referral Services Act, the location of an "enterprise" shall mean any location where the Services are available.
ii. If by reason of death you are unable to receive all services for which you have contracted, your estate may elect to be relieved of the obligation to make payments for the Services other than those received before death. We shall have the right to require and verify reasonable evidence of the death.
c. New York. The following additional provisions(s) apply if you are a New York subscriber (as determined by the zip code you use at the time of your subscription):
i. If you subscribe for any Paid Services, Dateolicious will provide a minimum of one match to you each month. In the event we do not provide at least one match for two or more successive months, you shall have the option to cancel this agreement by notifying us in writing at the address stated in this Agreement and to receive a refund of all monies paid pursuant to the cancelled contract; provided, however, that Dateolicious shall retain as a cancellation fee 15% of the cash price or a pro rata amount for the number of referrals furnished to you, whichever is greater. This shall be your sole remedy for failure to provide the minimum number of referrals.
ii. Except in connection with any merger, sale of company assets, reorganization, financing, change of control or acquisition of all or a portion of Dateolicious's business by another company or third party or in the event of bankruptcy, Dateolicious will not without the prior written consent of the purchaser 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 a purchaser directly or indirectly including but not limited to answers to tests and questionnaires, photographs or background information. You acknowledge and agree that if you post any information, including photographs, to the Services for posting on your profile or other areas of the Services, such information will be publicly accessible, and you are consenting to the display of such information on the Services.
iii. If you permanently relocate your primary residence further than 50 miles from any area in which Dateolicious offers the Services, you may elect to terminate your subscription by notifying us in writing at the address stated in this Agreement. Upon such election, your subscription benefits will cease and you will receive a prorated refund of the Subscription Fee paid, less a termination fee of $50.00, not to exceed the amount of the refund to which you are entitled.
iv. You have the right to place your subscription on hold for a period of up to one year at any time. To do this, you must notify Dateolicious in writing (which includes your Dateolicious user name and the email address used to register for the Services) at Dateolicious, Inc., Attn: Refund Request, 4042 MiddleBrook Rd., #1411, Orlando, FL 32811.
v. If you purchase a subscription that automatically renews, as described in Section 13(c) above, the subscription will only automatically renew until a total term of 2 years has been reached.
d. Wisconsin. The following additional provision applies if you are a Wisconsin subscriber (as determined by the zip code you use at the time of your subscription): If you purchase a subscription which automatically renews, as described in Section 13(c) above, the subscription will only automatically renew until a total term of 2 years has been reached.