ABOUT D8ABLE LLC:
Welcome to D8ableLLC.com, a LGBTQ professional Matchmaking and Relationship Advising company exclusively for Gay men, lesbians, Bisexual, Trans and Queer seeking Long Term Relationship success. We appreciate your continued use of our service and look forward to providing you with great service and quality introduction and matches.
D8ableLLC.com operates a Matchmaking and Relationship Advising service for consenting adults to meet each other in person, through to going through a very detailed in-person vetting and screening process (“D8ableLLC.com or Company”)
As used in this Terms of Service Agreement, “We” or “Us” means D8ableLLC.com, “Service(s)” refers to Your use of the Website for any purpose whatsoever. Service include:
• Personalized Matchmaking Services
• Personalized Dating Coaching
• Individual Counseling
• Workshops, Seminars, and Panel Discussions
• Relationship Advising
“You” refers to the user of this services and its related services, and as such You have gained the right to use these services by respecting the applicable Terms of service described in detail below. For purposes of this Agreement, the term “Member” means a person who provides information to the Company on the Website or to participate in the Service in any manner as a paid member. For purposes of this Agreement, the term “User or Potential Match” means a person who provides information to the Company.
This legal notice applies to the entire contents of this website under the domain name of www.D8ableLLC.com (“Website”) is deemed to refer to using of the Service. This includes any correspondence, of any form, whether by e-mail or verbally between D8able LLC, and You.
This Terms of Service Agreement (the “Agreement”) sets forth the terms and conditions that apply to Your use of the service and all services offered by D8able LLC. This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the service.
By accessing the Website or using any Services, You consent to receive this Agreement electronically. You have the right to receive a copy of this Agreement. To request a copy of this Agreement send a letter and self-addressed stamped envelope to D8able LLC, 136 Madison Ave, suite 633, New York, New York 10016.
Changes to Terms of Service. We reserve the right to change, alter, replace or otherwise modify this Agreement at any time. Such modified Agreement will become effective and will apply to Your membership or services upon our posting such Agreement to the Website. Your continued use of our Service after such a modification has been posted shall be deemed to constitute acceptance by You of any such modified Agreement. It is Your obligation to review the Agreement and to become aware of any modifications. The date of last modification is stated at the end of these Terms of Service.
ACCEPTANCE OF TERMS OF SERVICE AGREEMENT:
By visiting or registering for D8able LLC and accepting these Terms of Service, You represent and warrant to D8able LLC. that You are agreeing that You: (i) have the capacity, right and authority to be bound by the terms and conditions of this Agreement; (ii) are legally unmarried (When discussing Matchmaking services; (iii) will use the Service in a manner consistent with any and all applicable laws and regulations; and (iv) have not been convicted of any felony and are not required to register as a sex offender with any government authority. D8able LLC has the right to refuse service to anyone for any reason or for no reason whatsoever. MEMBERSHIP TO THE SERVICE IS VOID WHERE PROHIBITED.
REGISTRATION AND MEMBERSHIP:
Although You may register as a Potential Match of the Service for free, You will not receive contact information for any member or be guaranteed matches. If You wish to use the Service to initiate most communication with other members and potential matches and use certain other elements of the Service, You must become a Member and pay the fees that are set out in Our price list. This price list is part of this Agreement and We reserve the right, at any time, to change any fees or charges for using the Service.
To become a Member, You must register for the Service. When and if You register to become a Member, You agree to (i) provide accurate, current and complete information about Yourself as prompted by Our registration form (“Baseline Profile”), (ii) to maintain and update Your information to keep it accurate, current and complete. You agree to submit at least one recent (within the past 6 months) true-to-life photograph of yourself. In the event You choose to not submit a true-to-life photograph of yourself, you represent and warrant your understanding that delivery of matches are subject to review and may potentially be affected by delayed timelines. D8able LLC cannot guarantee third party acceptance of profile information and marketing of members without a photograph submitted.
You agree that we may rely on your registration data as accurate, current and complete.
Right to Exclude: You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We may terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused membership fees. D8able LLC reserves the right to reject User’s registration to any D8able LLC service or event for any reason whatsoever, or if registration has been effectuated, refund Members registration fee in full and prevent User from participating in any D8able LLC event or service.
D8able LLC agrees to provide its Clients with certain matchmaking and/or personal coaching services, as outlined in the Paid Membership Section of this Agreement. You agree to pay any and all fees and costs to D8able LLC according to the terms of this Agreement.
TERM AND TERMINATION:
By becoming a member of D8able LLC, you are electing to commence the service of the company with immediate effect. This waives any right, from any law, from any global location, to make use of a capability known as ‘the cooling off’ period, which allows you a period of time to postpone the commencement of the service.
This Agreement will remain in full force and effect while You use the Service as a Member, and after You have ended use of the Service and/or ceased to be a Member, including without limitation the “Resolution of Disputes” section below. You may terminate your membership at any time by sending Us written or email notice of termination.
Either You or We may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us without cause, We shall refund at our sole discretion, pro rata, any unused portion of any membership payments that We have received from You. In the event that (a) You terminate your membership or (b) We determine, in our sole discretion, that You have violated this Agreement or our posted Privacy Statement, You shall not be entitled to, nor shall We be liable to You for, any refund of any unused portion of any membership payments We have received from You, and We may continue to bar Your use of the Service in the future. Again, even after membership is terminated, this Agreement will remain in effect. (c) If a formal complaint is filed against D8able LLC membership will be put on hold immediately to protect remainder of membership while details are resolved. If you cancel your membership via the email, we may ask you to provide a reason for your cancellation. If you cancel your membership, the Company requires a reasonable amount of time to process the action. If you cancel a membership, you will enjoy membership benefits until the end of your then-current membership commitment, following which your membership benefits will expire. However, in no event will you be eligible for a refund of any portion of the membership fees paid for the then-current membership commitment.
USE OF INFORMATION SUBMITTED:
D8able LLC is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the D8able LLC service, including the D8able LLC website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the D8able LLC service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note D8able LLC does not accept unsolicited materials or ideas for movies or TV shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to D8able LLC. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against D8able LLC and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
I. Use of Services; Assumption of Risk. The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
II. Member Interactions and Resolution of Disputes. (a) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE 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 MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS INFORMATION TO BE OFFENSIVE, HARMFUL, INACCURATE AND/OR DECEPTIVE, YOU MAY EMAIL THE MANAGERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER MEMBERS OR TO TERMINATE YOU AND OTHER MEMBERS FOR VIOLATIONS OF THESE TERMS. PLEASE ALSO USE CAUTION, COMMON SENSE, AND SAFETY WHEN USING THE SERVICES TO INTERACT WITH OTHER MEMBERS. WE FURTHER RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO CONDUCT ANY CRIMINAL OR OTHER BACKGROUND CHECKS USING PUBLICLY AVALIABLE RECORDS, AT ANY TIME, TO CONFIRM YOUR COMPLIANCE WITH THESE TERMS. (b) Member Disputes: You are responsible for any contact with other members of D8able LLC and as such we can not be held liable for any issues that may arise between members. All external laws are applicable to the conduct of members on D8able LLC. In the event that you have a dispute with one or more other members, you hereby release us, our parent, subsidiaries and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 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.”
III. No Representations. D8able LLC makes no representation to members or others that Its efforts or services will result in any “matches” as defined within the D8able LLC company nor will result in any future meeting or date with other D8able LLC event participants.
IV. Other Aspects of the D8able LLC Service – For Your Entertainment. Our Service gives members the opportunity to be introduced and interact with others recommended by our experts. However, there is no guarantee you will find a date or partner using our Service. Our Service also is geared to provide you with amusement and entertainment. You agree that some of the features of our Service are intended to provide entertainment.
V. For Gay, Lesbian, Bisexual, Transgendered, and Queer Singles Only & Limited Soft Profile Check. If you choose to register for the service you affirm that you are single and available and not otherwise “attached”. D8able LLC strives to provide the safest and noninvasive possible environment for its users and members; to preserve the services resources; and to uphold the reputation and integrity of D8able LLC. In order to support these goals, D8able LLC will conduct a preliminary baseline profile check as follows:
1) A series of detailed questions
2) Verifying photos as authentic
3) Verifying contact information
However, D8able LLC does not otherwise check the validity of, or backgrounds of, any User or member of Its service including another Participant’s marital status. User affirms that it is User’s full, complete and sole responsibility to perform these actions, if desired, to Your satisfaction. D8able LLC does not conduct employment, education, Criminal History, Sex and Violent Offender Registry Checks or credit background checks of any kind on Its members, BUT reserve the right to do so with permission of the member.
We make no warranties or representations as to the conduct of Users or their compatibility with any current or future member. In no event shall D8able LLC be liable for any damages whatsoever, whether direct, indirect, special, general, 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, emotional distress, bodily injury, and/or any other damages resulting from meetings or communications with other registered users or members of Our Service or persons You meet through Our Service.
You agree to take reasonable precautions in all interactions with other Users or members of the Service, particularly if you decide to meet offline or in person. You fully and completely understand that D8able LLC makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through Our Service. You understand and agree that D8able LLC is not responsible for accuracy or completeness of any information D8able LLC may provide to you about another person, whether or not that person is a client of D8able LLC. You cannot become a member of D8able LLC without accepting this agreement.
VI. In-Person Meeting Conduct Members agree to conduct themselves in a respectful manner during and after each date and at any workshops or events held by D8able LLC. Members are also required to contact the D8able LLC office following a first Date or after a first date if the member has requested any additional services.
VII. No Relationship Guarantee D8able LLC holds no responsibility whatsoever for the outcome of any relationship that may or may not form between another individual and Yourself that You meet as a result of a D8able LLC introduction or event.
REPORTING OF VIOLATIONS:
You will promptly report to D8able LLC any violation of the Agreement by others, including but not limited to, Registered Users.
NO FALSE INFORMATION:
You will not provide inaccurate, misleading or false information to D8able LLC or to any other user. If information provided to D8able LLC or another user subsequently becomes inaccurate, misleading or false, you will promptly notify D8able LLC of such change.
COMMUNICATION AND E-MAIL PRIVACY:
We may use your email address to send you messages notifying you of important changes to the Services, request and/or permission for potential match introductions or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services.
E-mail. As part of the registration process, you will be asked to select an e-mail for communications. You are responsible for the confidentiality and use of your e-mail and agree not to transfer or resell your use to any third party. If you have reason to believe that your account is no longer secure, you must promptly notify us by emailing us at info@D8able LLC.com. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR E-MAIL AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
CUSTOMER SERVICE AND MATCHMAKERS CONSULTATIONS:
When communicating with our customer care representatives and matchmakers (whether over the telephone, or via email or letter)You may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately when communicating with our customer service representatives. Telephone calls between you and our customer care representatives and matchmakers may be recorded for quality assurance purposes. If we determine, in our sole discretion, that your behavior towards any of our representatives is at any time inappropriate, threatening or offensive;, we reserve the right to immediately terminate your access to our Services and your membership to our Service and you will not be entitled to any refund of any membership fees.
Comments, Complaints & Praise. If You have a comment, complaint of any kind or success story, You may inform Us of said comment, complaint or praise via email at info@D8ableLLC.com.
Success Stories & Testimonials. We appreciate Our members willingness to share their stories. If You provide us with a testimonial or success story, we may use it on Our web site and in Our marketing materials without compensation to You.
D8able LLC cannot be held liable or responsible in any way, shape, or fashion for any event that results from use of any information or services provided by D8able LLC to you, not limited to financial losses or any other negative outcomes. You completely absolve D8able LLC of any responsibility, financial or otherwise, for how you use D8able LLC’s services, the services of its contractors, partners, and preferred vendors. You acknowledge and agree that D8able LLC does not provide, and does not purport to provide, any medical and/or psychological treatment or therapy. WE ARE NOT TRAINED OR LICENSED AS DOCTORS, NURSES, PSYCHOLOGISTS, OR THERAPISTS OF ANY KIND.
PAID MEMBERSHIP; CHARGES ON YOUR BILLING ACCOUNT
I. Billing Account. The Company bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with the Company when becoming a Member or subscribing to the Service. The terms of your payment will be based on 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. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or membership reinstated.
II. Credit Card Chargeback Policy. We protect our business and credit card processors, banks and other institutions providing related services to us from fraudulent credit card chargebacks. A credit card chargeback is when the holder of a credit card disputes a charge with a credit card processor, bank or other institution and the charge is charged back to the business. The chargeback is fraudulent if the credit card holder disputes a charge to a legitimate charge for services the holder has purchased. You understand and agree that in the event you attempt to create a fraudulent credit card chargeback, we will work with the relevant credit card processor, bank or other institution and law enforcement authorities to investigate the matter. Our assistance may include providing details about the profiles, card authentication and communications with or related to our Service or other users or members. Engaging in activities aimed at reversing a legitimate charge is illegal. You understand and acknowledge that you can be prosecuted for such activity and we reserve the right to reclaim any fees and costs we incur in responding to fraudulently filed chargebacks.
Paid Membership. Your membership will continue indefinitely until cancelled by you. After your initial membership commitment period, and again after any subsequent membership period, your membership will automatically continue for an additional equivalent period, at the price you agreed to when joining. You agree that your account will be subject to this automatic renewal policy. If you do not wish your account to renew automatically, or if you want to change or terminate your membership, please contact us via email or phone call. If you cancel your membership, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent membership period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your membership payments. Upon the renewal of your membership, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and/or you agree that the Company may either terminate or suspend your membership and continue to attempt to charge your Payment Method provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new membership commitment period will begin as of the day payment was received).
i. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by calling the D8able Office. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
VI. Refund & Guarantee Policy. We are very confident in the D8able LLC algorithm and Psychological/ Behavioral Process and in our qualified and professional matchmakers, scouters and profilers. We want all of our clients to feel comfortable and secure in our matchmaking process. If your matchmaker fails to match you to the number of men specific to your membership during any given time period, in our sole discretion, we reserve the right to immediately implement the following resolution:
(a) Any undelivered matches are rolled over to the following month. For example, if you are a tier 1 member (1 match with 3 vetted options per month) and your matchmaker only delivers you 1 match in any given month; The balance of 1 match is added to the following month. During that month you will now be owed a total of 3 matches.
In addition, all matches that you are previously acquainted with or do not initiate communication are replaced. For example, if you contact a match via email or phone and you do not receive a response within a reasonable period of time, the match is replaced. Non-responses by prospective matches do not count towards your guarantee total and replaced by your matchmaker.
No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this membership and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to D8able LLC, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay D8able LLC $50 for each such unsolicited communication you send through the Services.
Disclosure By Law. You acknowledge and agree that D8able LLC may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend D8able LLC’s, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Agreement or the Privacy Statement, D8able LLC reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, D8able LLC suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that D8able LLC, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that D8able LLC is permitted to make such disclosure.
Use of Anonymous Information for Research. By using the Services, you agree to allow D8able LLC to anonymously use the information from you and your experiences through the Services to continue D8able LLC’s research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personal identifying information.
Disclaimer of Warranty
1. No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. D8ABLE LLC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. D8ABLE LLC 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 WILL BE CORRECTED. D8ABLE LLC DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
2. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by D8able LLC, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. D8able LLC DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN D8able LLC. UNDER NO CIRCUMSTANCES WILL D8able LLC BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES.
Limitation of Liability
1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL D8able LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF D8able LLC KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. No Liability for non- D8able LLC Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL D8able LLC 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 OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. 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. Information Verification. D8able LLC and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that D8able LLC and its contractors will have no liability to you arising from any incorrectly verified information.
Indemnity by Member. You agree to indemnify, defend and hold harmless D8able LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site, including individual relationship choices made by Members after introduction is provided through the service(iv) your use of or inability to use the Site or Services, (v) any user postings made by you, (vi) your violation of any terms of this Agreement or your violation of any rights of a third party, or (vii) your violation of any applicable laws, rules or regulations. D8able LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with D8able LLC in asserting any available defenses. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Complaints / Law Enforcement Contact. To resolve a complaint regarding the Service, you e-mail us at info@D8ableLLC.com. If you feel your safety is in jeopardy or have cause to contact your local Law Enforcement agency or emergency services immediately. Non Commercial Use: The Services are made available for your individual personal use only. You will not advertise or solicit any user or member to buy or sell any products or services through the Services. This service may not be used with any commercial endeavors. Profit and non profit making organizations, companies and/or businesses may not become members, and should not use this website for any purpose. Illegal and/or unauthorized uses of the website, including unauthorized framing of, or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken. This is including, and without limitation, civil, criminal, and injunctive redress and/or termination of membership at D8able LLC’s sole discretion. You may not advertise for functions, parties or engagements of a similar nature created for networking for a commercial purpose. You may not transmit any chain letters, junk or spam e-mail to other users or members. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user or member without their prior express consent. If you breach the terms of this subsection and/or send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, we reserve all rights, claims and causes of action we may have, statutory or otherwise, including but not limited to, the right to seek statutory penalties for each such unsolicited communication you send through the Services.
Proprietary Rights in Content on D8ableLLC.com. D8able LLC retains all proprietary rights in the website material, except where permission is given or that the content is in the public domain. You may not copy, modify, publish, transmit, distribute, perform, reproduce, sell, or re-sell any such intellectual property or proprietary information. Any failure to abide by these terms will result in the appropriate legal action being taken.
(a) Proprietary Rights.
The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or Content. We or our licensors retain all intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
Effective Date: 10/22/2015