E-CYRANO.COM TERMS AND CONDITIONS OF USE
Set forth below are the terms and conditions (these "Terms and Conditions") governing the family of e-Cyrano web sites including OnlineDatingHelp.com and e-Cyrano.com and any web sites located at the root URLs www.OnlineDatingHelp.com & www.e-cyrano.com, which may expand or change from time to time (the "Website"). As used herein, the term "e-Cyrano.com" refers to e-Cyrano.com, Inc., the sole owner and operator of the Websites; the term "you" or "your" refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.
CAREFULLY READ THESE TERMS AND CONDITIONS. BY AVAILING YOURSELF OF THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.
1. Use of this Web site is conditioned on the acceptance, without modification, of all terms and conditions of this agreement. By using this Web site you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below.
2. e-Cyrano.com may modify these Terms and Conditions from time to time in its sole discretion. When such modification is made, e-Cyrano.com will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. e-Cyrano.com is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.
3. If you do not agree with the terms and conditions of this Web site and do not wish to be bound by them, please do not use this Web site or download any materials from this Web site.
4. e-Cyrano.com reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to this Web site or any portion of this Web site, at any time and without notice or liability.
5. ALTHOUGH ALL INFORMATION AND MATERIALS CARRIED ON THIS WEB SITE IS BELIEVED TO BE RELIABLE, E-CYRANO MAKES NO REPRESENTATION, NEITHER EXPRESSLY NOR IMPLIEDLY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR ANY INFORMATION ON THIS WEB SITE. BY USING THIS WEB SITE OR BY RELYING ON ANY OF THE MATERIALS OR INFORMATION CARRIED ON THIS WEB SITE YOU ASSUME ALL THE RISK AND RESPONSIBILITY ARISING OUT OF USE OR RELIANCE ON THIS WEB SITE. E-CYRANO EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. E-CYRANO SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY SERVICES OFFERED ON OR IN AFFILIATION WITH THIS WEB SITE.
Copyright/Use of Materials Found on the Website
The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, "Materials") contained on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as expressly provided for in applicable e-Cyrano.com program terms and conditions. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement.
e-Cyrano.com; MAKE YOUR PERSONAL AD MORE PERSONAL; and other marks indicated on our site are trademarks of e-Cyrano.com or its subsidiaries, in the United States and other countries. e-Cyrano.com's trademarks may not be used in connection with any product or service that is not e-Cyrano.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits e-Cyrano.com. All other trademarks not owned by e-Cyrano.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by e-Cyrano.com or its subsidiaries.
License and Site Access
E-Cyrano.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of e-Cyrano.com or unless that page explicitly allows redistribution (e.g. - personal essays and/or online dating profiles). This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of e-Cyrano.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of e-Cyrano.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing e-Cyrano.com's name or trademarks without the express written consent of e-Cyrano.com. Any unauthorized use terminates the permission or license granted by e-Cyrano.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of e-Cyrano.com so long as the link does not portray e-Cyrano.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any e-Cyrano.com logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account information for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. e-Cyrano.com does sell products or services for people under age 18, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use e-Cyrano.com only with involvement of a parent or guardian. e-Cyrano.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
All items purchased from e-Cyrano.com are sent through email. e-Cyrano.com will make every possible effort to deliver your order to you on time to your email address, but we cannot be responsible for technical difficulties related to the checking of your personal email account. We will make every effort to send your order to another email account specified by you if you encounter email difficulties.
Services and Products
e-Cyrano.com is committed to providing exceptional editing and writing services for active participants in the internet dating community; however, e-Cyrano.com is under no legal obligation to refund the purchase price of any editing or writing service under any circumstance unless explicitly put forth by e-Cyrano.com. e-Cyrano.com will seek to satisfy every customer in a reasonable way through extended consultant interaction, editing and/or writing by multiple consultants, etc.
e-Cyrano.com and its affiliates attempt to be as accurate as possible. However, e-Cyrano.com does not warrant that service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by e-Cyrano.com itself is not as described, your sole remedy is to contact e-Cyrano.com as soon as possible and allow us to try to satisfy your demands.
Communications and Content
Visitors may send comments and other content; send other communications; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
If you do post content or submit material, and unless we indicate otherwise, you grant e-Cyrano.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to edit, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content subject to the Privacy Agreement. You represent and warrant that you own or otherwise control all of the rights to the content that you write; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify e-Cyrano.com or its affiliates for all claims resulting from content you supply. e-Cyrano.com has the right but not the obligation to monitor and edit or remove any activity or content. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. e-Cyrano.com reserves the right (but not the obligation) to remove or edit such content. e-Cyrano.com takes no responsibility and assumes no liability for any content posted by you or any third party.
All e-mail sent to the e-mail addresses of e-Cyrano.com becomes the property of e-Cyrano.com. e-Cyrano.com reserves the right, but shall not be obligated to, publish any email message received, in whole or in part, or make such other use as e-Cyrano.com in its sole discretion sees fit.
Parties other than e-Cyrano.com and its subsidiaries may operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. e-Cyrano.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. e-Cyrano.com does not intend any such links to third-party web sites to imply e-Cyrano.com's sponsorship or endorsement thereof. Your use of such web sites is at your own risk and you should carefully review their privacy statements and other conditions of use.
You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without e-Cyrano.com's express prior approval, contains advertising or any solicitation with respect to products or services.
WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. E-CYRANO.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, E-CYRANO.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. E-CYRANO.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL E-CYRANO.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability: By availing yourself of the Website, Materials or related services, you agree to release and hold e-Cyrano.com and the employees, officers, directors, shareholders, agents, representatives of e-Cyrano.com, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with e-Cyrano.com, any third-party providers or sources of information or data and legal advisers (collectively, "e-Cyrano.com Affiliates") harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Website, Materials or related services including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of e-Cyrano.com that may cause the Website or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Website, Materials or related services; or (e) any printing or typographical errors in any materials associated with the Website, Materials or related services. In addition, you agree to defend, indemnify and hold e-Cyrano.com Affiliates harmless from any claim, suit or demand, including reasonable attorney's fees, made by a third party due to or arising out of your utilizing the Website, Materials or related services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL E-CYRANO.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, EDITORS, AND REPRESENTATIVES BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF INCOME OR DATA, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, AND CLAIMS OF CUSTOMERS OR THIRD PARTIES ARISING FROM ANY CUSTOMERS' INTERACTION, INVOLVEMENT, AND RELATIONSHIP WITH MEMBERS OF THE ONLINE AND/OR OFFLINE DATING COMMUNITY OF ANY KIND, EVEN IF E-CYRANO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SUBMIT ESSAYS AND INFORMATION AT YOUR OWN RISK. FURTHER, CLIENTS AGREE TO HOLD E-CYRANO.COM HARMLESS FROM ANY ADMINISTRATIVE, CRIMINAL, OR CIVIL PROCEEDINGS.
This agreement will be governed and construed in accordance with the laws of the State of California without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County in the State of California, and any cause of action which arise from use of this Web site or from interpretation of these terms and conditions must be filed in the state and federal courts located in Los Angeles County, State of California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any remaining provisions shall be given effect to the fullest extent possible.
General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Los Angeles, California, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. e-Cyrano.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree to fill out the online questionnaire as per the instructions of e-Cyrano.com. Should you not fill out the online questionnaire accordingly, e-Cyrano is not legally obligated to assign you a writer. This contract stipulates a certain level of effort on your part and should you fail to meet that level of effort, e-Cyrano does not have to render services. Similarly, e-Cyrano does not offer refunds to those who refuse to follow directions, as writers can't produce profiles without a considerable amount of information provided by the customer. Like a membership to a gym, you get out what you put in, and should you decide after signing up that you don't want to use the service immediately, your credit remains in the system for redemption for a period of one year after the purchase date."
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