THIS TERMS AND CONDITIONS AGREEMENT (“Agreement”), is a legal agreement between any website user (the “User”) or paid client (the “Client”) and Personal Dating Assistants (“PDA”). PDA is the owner and operator of http://personaldatingassistants.com. This Agreement sets forth the terms and conditions that apply to the User’s use of PDA’s website (the “Website”) and the service (“Services”) PDA provides.
If the User does not agree to this agreement, the User may not use the PDA Website, or purchase PDA Services. The User must leave the website, and not engage in business with PDA. By reading this, using the PDA website, or purchasing PDA Services, you the User are in agreement with these terms and conditions.
PDA reserves the right at any time, and without notice, to amend or modify the terms and conditions of this Agreement. All modifications shall be in effect immediately once made to the website. The User’s continued use of the Website and/or Services, after the posting of amendments to this Agreement, will be deemed to constitute his/her acceptance of such amendments, modifications, additions or deletions. The User hereby agrees to review this Agreement periodically to be aware of any such amendments or modifications.
The User must be eighteen (18) years of age (or the age of majority in the User’s jurisdiction) or older to use this Website or its Services. By visiting or using the Website or Services, the User represents and warrants to PDA that the User is at least eighteen (18) years old, and that the User has the right, authority and capacity to agree to and be bound by the terms and conditions of this Agreement.
Clients must provide PDA with personal information to use Services. The information provided must be accurate. All Clients and Users are subject to local, state, national, and international laws from which they access The Website.
Clients or Users agree that PDA cannot and will not be held liable if laws that apply to he/she restrict him/her from using The Website. PDA makes no representations or warranties, implicit or explicit, as to Client’s or User’s legal right to participate in any service or product offered on this website nor shall any person affiliated, or claiming affiliation, with this website have authority to make any such representations or warranties.
Users represents to PDA that he has never been convicted of felony or an indictable offense and is not required to register as a sex offender with any government authority. PDA will not conduct background checks on Clients, or 3rd party potential matches, unless requested to do so by the Client in writing.
The Client must have full rights and permissions to pictures submitted to PDA and to PDA’s distribution of the pictures provided to any third party.
User or Client agrees that he will not send any false or misleading information, sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another’s privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or any other such information.
Upon purchase, client agrees to monthly recurring subscription payments via auto debit. Subscription service is month-to-month in duration. Client may cancel recurring monthly payment & service at any time, either by account portal at http://personaldatingassistants.com/my-account, or email request to email@example.com only. If a notice to cancel services is not received by either of these methods, payment & services will continue on a rolling month-to-month basis.
Money Back Guarantee
PDA requires the participation of the client in the service delivery process, including, but not limited to; scheduling introductions, “Personality Deep Dive” calls, providing dating photographs, and final approval of dating profiles created by PDA. If the client is unresponsive to any of these items for five (5) or more days, PDA reserves the right to waive the money back guarantee.
PDA requires the ability to independently manage the clients dating profiles, search for matches, and send messages on the clients behalf. Furthermore, the client must not interfere with, or “take over” the messaging portion of the service. If the client requests to manage their own curated target list, sends messages from the managed profiles himself, takes over existing correspondence, or otherwise interferes with the standard service, the PDA money back guarantee will be automatically waived.
PDA will deliver the guaranteed number of Wins per the agreed upon service plan. Each delivered Win is counted towards the guaranteed total cumulatively each month. If the minimum # of Wins are not delivered per the Clients’ monthly service plan, the Client must notify PDA by writing a request for refund. From the written date of request, PDA has one (1) month to fulfill the remaining guaranteed number of Wins, or refund the money for that month of service. Should the Client exercise this money back guarantee during his first month of service, the ‘Pimp my Dating Profile’ setup fee is non-refundable.
The client must allow PDA to conduct services as intended. This includes allowing PDA to send messages to dating prospects who meet the clients specified demographic, including age, height, and distance. If the client requests any further restrictions, custom rules, “copy & paste” template form emails, or a client curated list of users who PDA may send messages to, the PDA money back guarantee will be automatically waived.
Once per quarter, a Member may suspend services, and continue their unused service days at a later date. Service time may be suspended or restarted only after a written request by the Member.
Unused service days may be gifted to a friend who is an existing member, or to a friend who has signed up for a new membership on their own volition. A new membership may not be generated from partial service days.
There is no refund for Frozen Service, or unused Service time.
For new members at the tier 3 Premium Professional membership or above, PDA will comp the cost of a typical pro photo shoot, for a total account credit of $200, to be applied only after 1 month of paid service. Should membership be canceled prior to a 1 month service period, the $200 credit will not be applied. Once eligible, this credit will be automatically applied towards the members next billing cycle.
Client & User Information
It is the User and Client’s responsibility to decide what personal information to disclose to PDA. PDA cannot be held liable for any misuse of personal information by a 3rd party. PDA is not liable for User or Client information which may breach the rights of third parties.
PDA may remove any profile, messages, or other Client information at any time, for any reason.
Website functions and Service
PDA may suspend Service at any time without notice for repair, maintenance, improvement or other technical reason. PDA reserves the right to change the function or procedure of Services at any time.
Rules of Service
PDA will act as Clients agent in messaging prospects on 3rd party websites, and provide phone numbers and related contact information to the client from said interested 3rd parties. No guarantee is granted or implied for any further correspondence beyond acquiring contact information on the clients’ behalf.
PDA may refuse any prospective Client, even if an initial payment has been made, if we judge that the prospective Client’s expectations are unreasonable, unethical or unlawful. The prospective Client will be refunded fully if that is the case, with the exception of the ‘Pimp my Dating Profile’ setup fee. Client agrees that PDA has the right to terminate without any notification a Client’s subscription if he/she fails to adhere to any of the rules set in this Agreement.
The contents of the PDA Website are protected by copyright, database rights, trademarks and other intellectual property rights. User has no right to use or license any of these intellectual property rights. User cannot modify, reproduce, republish, copy, post, upload, transmit, or distribute in any manner the information and or materials you find on the Website. User is permitted to print and download certain portions of the information given on the Website for his/her own use provided that he/she agrees not to change, alter, or delete any copyright or proprietary notices from the materials and data. Names, graphics, logos, icons, designs, words, titles or phrases at the Website may constitute trade names, trademarks or service marks of PDA or of other affiliated entities. The display of trademarks on the Website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action. In addition some product names, logos, brands, and other trademarks featured or referred to on the Website are the property of their respective trademark holders. These trademark holders are not affiliated with PDA in any manner.
When arranging to meet another person through use of PDA Services, the Client must take his own precautions. Any such meetings are at the Client’s own risk, and are not PDA’s responsibility.
The Client must notify PDA immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure or use of a username or password.
Third Party Rights
This section of the terms and conditions constitutes as an agreement on behalf of PDA and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to PDA. These individuals or entities shall have the full right to assert and enforce those provisions directly on their own behalf.
All website Users agree to fully indemnify, defend and hold harmless PDA, its officers, directors, employees, agents, licensors, suppliers, affiliates, and any third party information providers to PDA from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, including but not limited to negligent or wrongful conduct by you or any other person accessing the website.
The Client or User’s agreement to follow the terms and conditions will remain in effect for as long as he/she uses the website, unless specifically terminated earlier by PDA. PDA reserves the right to terminate the Client’s account at any time, at its discretion and with immediate effect.
Applicable Governing Laws
This agreement shall all be governed and construed in accordance with the law. By using the PDA website, User or Client agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action.
Users and Clients agree that any cause of action arising out of or relating to this Agreement or his/her use of the Website will be commenced by him within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently disregarded. If any portion of this agreement is ruled by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then, to the maximum extent permitted by law, the provision shall be reformed to reflect the intent of the parties or if the provision cannot be so reformed, severed from the contract, it being agreed that such severance shall not affect the validity and enforceability of the remaining provisions of the agreement. PDA failure to exercise any right or provision of the Agreement shall not constitute a waiver of such right or provision
This Agreement was last revised on February 14, 2014.
Copyright © 2014 Personal Dating Assistants