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This is a legal agreement ("Agreement") between you and Second Connection, Inc. ("Second Connection") which may be contacted at 3964 Rivermark Plaza, #139, Santa Clara, California, 95054. Second Connection, Inc. is a California corporation that provides Services for adults to meet each other online through SecondConnection.com (the "Site"), in real life with the Second Connection Black Card ("dating card"), and/or via other means of technology such as wireless devices (aka smart phones) (collectively the "Services"). If you use the "site", regardless of whether you register as a member of SecondConnection.com ("Member"), using Second Connection's dating cards, and/or using any technology related to Second Connection's Services, you agree to abide to the terms and conditions of this agreement. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, DO NOT USE THIS SITE OR ANY SERVICES PROVIDED BY SECOND CONNECTION. Your use of the Services, or any additional Services provided by Second Connection, may be subject to additional terms and conditions. This Agreement was last revised on January 29, 2009. The terms of this Agreement are subject to change by Second Connection at any time, and will become effective upon Second Connection posting such changes on its site. Such new or changed Terms of Use shall become effective upon Second Connection posting them on its site. Any new or continued use of the site or the Services after such posting constitutes your acceptance of such changes. This Agreement is an electronic contract between you and Second Connection. By using the Second Connection Site, you are accepting the terms and conditions of this Agreement and you are also consenting to have this Agreement provided to you in electronic form. You are entitled to receive a non-electric copy of this Agreement, if you would like to receive a hard-copy of this Agreement send an email to us with the subject "Request non-electronic Agreement" to customerservice@secondconnection.com. You also have the right to opt-out of this Agreement at any time by either sending an email to the address above or by writing to Second Connection, Inc. 3964 Rivermark Plaza, #139, Santa Clara, CA 95054. After receiving this notification subject to a reasonable amount of time for Second Connection to process your request. Upon termination of your access to the Site, you may not access the Site. Second Connection, and your Member account will be terminated without compensation to you for any pre-paid Services. Second Connection will not reinstate your account until it receives a non-electronic copy of this Agreement executed by you. Your opting-out does not preclude the legal validity or enforceability of this Agreement prior to the effective date of your opting out. 1. Eligibility In order to use the Site or any of Second Connection's Services, you must be at least 18 years of age and residing and using the Services in the United States or Canada. By using the Services you represent and warrant that you are at least 18 years old. By using the Site 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. By signing up as a member or using any of Second Connection's Services, you represent and warrant that you are single, separated or divorced that you have never been convicted of a felony and are not required to register as a sex offender in any government jurisdiction. SECOND CONNECTION DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, Second Connection, Inc. reserves the right, to conduct a criminal background check using available public records at any time of any of its members to confirm compliance with this section. Membership is void where prohibited 2. Use of Site and Services Use of SecondConnection.com and any of Second Connection's other Services is strictly for personal use and may not be used for any commercial purposes. The use of the Site prohibits any company, group, or organizational memberships; individual memberships created with the intent of soliciting or marketing other businesses/websites; individual memberships created with the intent of soliciting prostitution; or any attempts to mine user data including, but not limited to, names, email addresses, or telephone numbers for the purpose of sending unsolicited emails or making unsolicited telephone calls or text messages. Also, no unauthorized framing of or linking to the SecondConnection.com website is permitted. Any violators of the above will be subject to investigation and legal action, including without limitation, criminal, civil, and injunctive relief. As an individual personal user, you may not authorize others to access or use your account for any purpose. This includes providing your personal username and password to others to view other member's pages, sharing your personal tracking code on dating cards for others to view other member's pages, or downloading any member's pictures to share with other individuals. You agree that Second Connection is not responsible for any third party access to your account or third party misuse of your dating cards as a result of misappropriation of your personal information or actions by anyone in contact with the personal code on your dating card, respectively. To prevent against the latter, it is recommended that each individual dating card is treated with care and precautions be taken to avoid any dating cards from falling into the possession of any unintended person. Risk Assumption and Precautions. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You are responsible for taking all necessary precautions when meeting individuals through the Second Connection Site ou understand that Second Connection makes no guarantees, either express or implied, regarding the compatibility of those you meet using the Site or the Services. Second Connection does not guarantee any minimum amount of matches. You understand Second Connection does not in any way screen its members or users. You are solely responsible for your interactions with Second Connection members and users. User Posted Content By accepting this agreement, you acknowledge that you will not post on the site, post on your dating cards, or transmit to other users any of the following.
Violation of any of these restrictions may result in Second Connection removing the prohibited content or suspending your account at Second Connection's sole discretion. In addition, Second Connection reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website. 3. Online Conduct and Prohibited Activities By accepting this Agreement, you agree to abide by the online conducts and refrain from any of the prohibited activities listed below. Second Connection, Inc. reserves the right to terminate your membership for violation of any of these rules or if your behavior is considered unlawful or illegal.
4. Modification Second Connection reserves the right at any time to modify or discontinue, whether temporarily or permanently, their services (in part or whole) with or without notice. You agree that Second Connection shall not be liable to you or any third party for any modification, temporary suspension, or discontinuance of their services. 5. Account Security You are responsible for protecting your login information including your loginID, password, and other identifying information. If you become aware of any breach in security or any unauthorized access of your account, you must notify Second Connection, Inc. immediately. You are also solely responsible for protecting your dating cards and/or personal codes printed on your dating cards from falling into the wrong hands. Second Connection, Inc. will not be responsible for any messages from unintended individuals, including any costs incurred, as a result of your dating card being misappropriated, lost, or given to an unintended individual by a third party. 6. Dating Card Usage By accepting this agreement, you are agreeing to abide by the following rules regarding dating card usage. Second Connection also declares that their dating cards have no affiliation with the black card (Centurion Card) by American Express or any other bank.
7. Content on SecondConnection.com Second Connection, Inc. owns and retains all proprietary rights to SecondConnection.com and any other services provided. The website, dating cards, and other services contain copyrighted material, trademarks, and other proprietary information that has patent pending under the ownership of Second Connection. You may not copy, publish, modify, distribute, transmit, or sell any such proprietary information without express written permission from Second Connection, Inc. Opinions, advice, statements, offers, or other information or content made available through the SecondConnection.com services, but not directly by Second Connection, are those of their respective authors, and not of SecondConnection.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. SecondConnection.com does not guarantee the accuracy, completeness, or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will SecondConnection.com be responsible for any loss or damage resulting from anyone's reliance on information, or other content posted on the Singlesnet.com service, or transmitted to Singlesnet.com members. 8. Copyright You may not distribute, post, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent from the owner of such proprietary rights. If you believe that your work has been copied and posted on the SecondConnection.com site in a way that constitutes copyright infringement, please contact Second Connection at customerservice@secondconnection.com or 3964 Rivermark Plaza, #139, Santa Clara, California, 95054 and we will provide you with further instructions on information we need to fully investigate the matter. 9. Disclaimer of Warranties TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SECOND CONNECTION, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES OF SECONDCONNECTION.COM AND ANY INFORMATION CONTAINED ON THE SITE, THE DATING CARDS, AND ANY OTHER SERVICES. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SECOND CONNECTION DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. SECOND CONNECTION DOES NOT (I) GAURANTEE THE ACCURACY, COMPLETENESS OF USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR 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 SECOND CONNECTION. UNDER NO CIRCUMSTANCES WILL SECOND CONNECTION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSED ON THE SITE OR TRANSMITTED TO OR BY USERS OR MEMBERS. Second Connection is not responsible for the inaccuracy of any content posted on the site or in connection with the Services whether it is caused by users of the site or members of the site. You are responsible for performing the due diligence to confirm the accuracy of any posted material. Also, Second Connection is not responsible for the conduct and behavior of any of their users, members, or persons receiving a Second Connection dating card, whether online or offline. For any advice that may be posted on the website by Second Connection, it is noted that it is only for informational and entertainment purposes and not intended to substitute or replace any professional advice including, but not limited to, the following: legal, financial, medical, or mental treatment advice. Second Connection does not warrant that your use of any of their Services will be free of error, omission, defect, deletion, interruption, security breaches, unauthorized access, alteration, theft, or temporary delay in connectivity or transmission. Any of the above will be addressed and investigated by Second Connection but doing so does not guarantee that the problem will be corrected. In addition, Second Connection will not be responsible for any technical problems caused by external third parties including, but not limited to, telephone connections, servers and providers, computer equipment software, email providers, data storage. Second Connection does not promise specific results from use of their site or Services. Under no circumstances will Second Connection be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of SecondConnection.com or any other Services. 10. Limitation on Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SECOND CONNECTION BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS RESULTING FROM YOUR USE OF THE SECOND CONNECTION SITE EVEN IF SECOND CONNECTION HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SECOND CONNECTION'S AGGREGATE LIABILITY EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO SECOND CONNECTION FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. 11. Privacy Use of Second Connection's site or Services is also governed by our Privacy Policy, which is considered part of this Agreement. The Privacy Policy is subject to the same terms and conditions specified herein, including, but not limited to, rights to modify such policies at any given time. 12. Indemnification You agree to indemnify, defend and hold harmless Second Connection, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys' fees, relating to or arising out any of the following: your use of or inability to use the site, any breach of the representations and warranties you have made in this Agreement, dating cards, or other Services; any postings made by you; your violation of any terms of this Agreement or your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. 13. External Links Second Connection through our site, may provide links to other third-party World Wide Web sites or resources, including without limitation, advertisers, which are not under Second Connection's control. You acknowledge and agree that Second Connection is not responsible for the content of any linked site or any link contained in a linked site, any changes or updates to such web sites, or the availability of such sites or resources. Furthermore, you acknowledge that Second Connection does not endorse or accept any of the content of such sites. You agree that Second Connection will not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with these external sites, including the sharing of the information you supply to Second Connnection with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services. For more information on how we use your information, please visit our Privacy Policy. 14. Term and Termination This Agreement will become effective upon your acceptance of the Agreement by your use of the SecondConnection.com site, other Services, and/or by becoming a member. You may terminate your membership and/or subscription at any time, for any reason, by sending written notice of termination to Second Connection at 3964 Rivermark Plaza, #139, Santa Clara, CA 95054 or email notice of termination to customerservice@secondconnection.com. If you terminate your subscription, your subscription will remain active until the end of the subscription period through which you had paid prior to your termination. You will not be eligible for any pro-rated refunds on unused subscriptions. Second Connection may terminate or cancel your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or any other email address you provide later to Second Connection. If Second Connection terminates your membership or paid subscription due to your breach of this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made at the sole discretion of Second Connection. Second Connection is not required to provide you notice prior to terminating your membership and/or subscription. Also, Second Connection is not required, and may be prohibited, from disclosing a reason for the termination of your account. 15. Membership and Subscription You may become a Member of SecondConnection.com for free. As a Member, you will only have limited access to the features and Services offered by Second Connection, Inc. To access full features and Services, you may either purchase credits (pay-as-you go) or subscribe to our paid Member plans. Cost of credits and credits needed to access specific features are provided on the SecondConnection.com site. Cost of paid Member plans, which allow full access to all features and Services, are also provided on the SecondConnection.com site. All pricing information provided on the site are considered part of this Agreement. The following sections contain a) general billing terms and conditions and b) billing terms and conditions related to Member plan subscriptions.
Second Connection, Inc. will bill you through your billing account for use of our Services. You agree to pay Second Connection all charges at the prices in effect at the time of your purchase or subscription for any use of the site or other Services by you or other persons through your billing account. You authorize Second Connection to charge your chosen payment provider for such Services and you agree to make payments to that provider regardless of any disputes that may arise with Second Connection, Second Connection reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. To pay online for use of our Services, you must provide current, complete, and accurate billing information and update any changes in a timely manner. This information includes your credit card number, credit card expiration date, any applicable credit card identification numbers, full credit card billing address, and full name as it appears on your credit card. If your credit card account is cancelled for any reason, it is your responsibility to inform Second Connection, Inc. as soon as possible. Second Connection, Inc. reserves the right to terminate your account if your credit card becomes cancelled. You also agree that Second Connection may continue to bill you, and you are responsible to pay, even if your credit card account on file becomes cancelled unless you notify Second Connection, Inc. of your intent to cancel following the procedures outlined in the cancellation section of this Agreement. The terms of your payment are based on your payment method and may be affected by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method (the "Payment Method Provider"). If, for any reason, Second Connection does not receive payment from your Payment Method Provider, you agree to pay all amounts due upon demand. Second Connection shall provide notice of any amounts that are charged to you in excess of your preauthorized amount, with the exception of changes in the amount of state sales taxes. By entering into this Agreement, you acknowledge and agree that paid member subscriptions have recurring payment features, in addition to the initial charge(s), that do not require Second Connection to obtain additional authorization from you. You agree and accept responsibility for making payments on these recurring charges unless you cancel within the specified time period as indicated in your billing details or provide advanced notice in writing to Second Connection at 3964 Rivermark Plaza, #139, Santa Clara, CA 95054. Any such notices or cancellation requests will not affect charges made prior to Second Connection receiving said notice or cancellation. If you do cancel prior to the end of the current subscription period, you will not be eligible for any prorated refund of your payment. By continuing to use Second Connection's service(s) or by not cancelling Services confirms that Second Connection is authorized to charge your Payment Method. Though Second Connection may continue to submit these charges to your Payment Method, it also reserves the right to bill you directly. Any free trials or promotions must be cancelled prior to the end of the trial period or your account will be charged a subscription fee. Free trials initiate the date you sign up for it and the term dates may not be modified by extending, suspending, or delaying the start date. Second Connection reserves the right to, but is not required to, send you automatic reminders of upcoming renewals. 16. Cancellation of Paid Services Your free membership or paid subscription to SecondConnection.com or any other Services may be cancelled at any time during the term of a subscription through the site under "Account Information" and by following the instructions provided. At that point, your subscription will terminate at the end of the pre-paid subscription term and you will not receive any refund for any unused days of said subscription term. 17. Complaints For any complaints related to the SecondConnection.com site or other Services, please send email notice to customerservice@secondconnection.com. Second Connection does not guarantee that the resolution of your complaint will be to your satisfaction and defers to the Warranties, Limitations on Liability, and Indemnification sections of this Agreement for legal definitions of Second Connection's responsibilities in addressing your complaints. 18. Customer Service Second Connection provides assistance to you through our customer service representatives. If, during any communication with such representatives, your behavior becomes threatening, harassing, abusive, obscene, profane, offensive, sexist, or racially offensive, we reserve the right to immediately terminate your membership without any refund of unused subscription fees. 19. Member Disputes Second Connection, Inc. is not responsible for any disputes between you and other members or users. Second Connection reserves the right to, but is not obligated to, participate any dispute resolution proceedings between you and other members or users. 20. Jurisdiction and Choice of Law You expressly agree that this Agreement and any disputes arising between you and Second Connection as a result of this Agreement shall be governed by the laws of the State of California. In addition, you expressly consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, in Santa Clara County, for the resolution of any disputes. |
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