Terms and Conditions
THIS TERMS AND CONDITIONS AGREEMENT (“Agreement”), is a legal agreement made between any website visitor (the “User”), any paid client (the “Client”) and Mazel Events, LLC d/b/a Personal Dating Concierge (“PDC”), a company duly incorporated pursuant to the laws of the State of Florida, providing services to assist the Client in online dating. PDC is the exclusive owner and operator of www.personaldatingconcierge.com (the “Website”). This Agreement sets forth the terms and conditions applicable to the use of the Website and all services (“Services”) offered by PDC.
PDC reserves the right at any time, and without notice, to amend or modify the terms and conditions of this Agreement. PDC may notify you of an amendment, modification or change to the terms and conditions, via email, as appropriate under certain circumstances; however, the User or the Client is responsible to regularly check the PDC terms and conditions for notice of any amendments, modifications or changes.
The User and the Client must be eighteen (18) years of age or older (or the age of majority in the User’s or the Client’s jurisdiction) to use this Website or its Services. By visiting or using the Website or Services, the User and the Client represents and warrants to PDC he/she is at least eighteen (18) years of age, and he/she has the right, authority and capacity to agree to and be bound by the terms and conditions of this Agreement.
All Clients will be required to provide PDC with personal information. This information must be accurate and truthful. As the Client’s information changes from time to time, he/she will be responsible to provide PDC with the most up to date information. If the Client should enter any information that is not truthful and PDC discovers the information he/she entered is not truthful, PDC has the right to cancel the Client’s order and suspend the account for cause.
All Clients and Users are subject to all local, state, national, and international laws from which they access the Website. All Clients and Users agree PDC cannot and will not be held liable if laws applicable to the Clients or the Users restrict him/her from using the Website. PDC makes no representations or warranties, implicit or explicit, as to the Client’s or the 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.
By the User or the Client requesting to use, or registering, to use the Website or Services, the User and the Client represents and warrants to PDC he/she has never been convicted of a felony or an indictable offense and is not required to register as a sex offender with any government or legal authority.
PDC does not automatically conduct criminal background checks on its Clients or its Clients’ potential matches, unless specifically requested, in writing, by the Client. PDC reserves the right to conduct criminal background checks, at any time, depending on the availability of public records in the appropriate jurisdiction, to confirm compliance with the terms and conditions contained herein.
The Client represents and warrants to PDC that he/she has full right, title, interest and permission in and to pictures submitted or provided to PDC and to PDC’s distribution of the pictures provided to any third party.
The User or the Client agrees he/she will not, in connection with the Services, breach any applicable law, regulation or code of conduct. The Client also agrees not to publish or send any information or communication to PDC, or through a Third Party Dating Website, which is false or misleading.
The Client agrees to update PDC to ensure information is not false, misleading 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 other rights which encourage or assist any of the foregoing.
The Client agrees he/she will not use, sell or distribute PDC’s proprietary information in any way.
The User and the Client agrees he/she will not provide email addresses to PDC of other persons or publish or send any information referring to other persons without having obtained their prior consent. The User and Client agrees he/she will not do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings.
The User and the Client agrees he/she will not attempt to gain unauthorized access to any part of the Services or equipment used to provide the Services. The User and the Client agrees he/she will not use the Services other than for the purposes set out in these Terms & Conditions and any breach of the foregoing constitutes a serious breach of this Agreement without prejudice to any other serious breach of this Agreement which may occur.
The Client agrees to comply with any guidelines or requirements on the Website as well as any reasonable request or instructions by PDC in connection with the Services. The Client must notify PDC in writing immediately if he/she becomes aware of any inappropriate behavior in connection with the Services
It is the User’s or the Client’s responsibility to decide which information to publish. PDC cannot be held liable for any misuse thereof by any other party. PDC is not liable for User or Client information or other activities of the User or the Client which may breach the rights of third parties. PDC reserves the right to not accept or to suspend or remove from its Services all or part of any profile, or any other Client information for any reason.
Functioning of Site and Services
PDC reserves the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason. PDC reserves the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
Service Rules and Obligations for Clients
The Client agrees he/she will comply with the following rules when purchasing Services from PDC. Failure to respect these rules will result in a breach of contract, and will cancel all of PDC’s obligations and liabilities.
The Client will not amend his/her profile (including photos), without notifying PDC. The Client will notify PDC in advance if he/she decides to contact anyone on his/her own on any of the Third Party Dating Websites selected by PDC. The Client will not, under any circumstances, directly contact one of the Selected Candidates without prior approval from PDC.
The Client’s schedule needs to allow for a reasonable and sufficient amount of time to be present at a date. The Client needs to inform PDC at least 48 hours before a set date if he/she wishes to cancel or reschedule . The Client needs to give his/her approval to PDC on the Initial Candidate Selection, and all subsequent selections within 24 hours, otherwise PDC will assume he/she is satisfied with all of the Candidates, and will proceed.
While PDC can estimate average results for each dating package, results for the Client are not guaranteed. PDC is not obligated to offer partial or full refunds to the Client for not achieving certain results or for any other reason.
To the extent permitted by applicable law, the Client agrees not to ask its credit card company or bank to charge back payments made to PDC without first attempting an amiable resolution as indicated in Dispute Resolution. A chargeback is a material breach of the terms and conditions. If the Client initiates a chargeback in violation of this Agreement, the Client agrees PDC may dispute or appeal the chargeback, institute collection action against the Client, or take legal action pursuant to Dispute Resolution, against the Client.
In the case of a chargeback or any other non-payment scenario, PDC may suspend or close the Client’s Account and revoke the Client’s rights to the material used in his/her dating account, including but not limited to his/her dating profile. The dating profile becomes the property of PDC to use at its discretion for any purpose, including on its blog. Further, without limiting other available remedies, the Client must pay PDC upon demand for amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
Client agrees PDC has the right to refuse Services to any prospective or active Client for any reason, even if an initial payment has been made. The Client will be refunded fully for all unused hours purchased if that is the case. Reasons PDC may refuse service include, but are not limited to; (i) unreasonable or unethical Client expectations, (ii) doubt regarding the Client’s identity or criminal background, and (iii) failure to adhere to any of the rules set in this or any other signed Agreement. PDC also reserves the right to conduct any type of background check on any prospective or active Client.
The contents on the Website are protected by copyright, database rights, trademarks and other intellectual property rights. Neither the User nor the Client has the right to use or license any of these intellectual property rights. Neither the User nor the Client can modify, reproduce, republish, copy, post, upload, transmit, or distribute in any manner the information and or materials on the Website.
The User and the Client is permitted to print and download certain portions of the information given on the Website for his/her own use provided 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 on the Website may constitute trade names, trademarks or service marks of PDC or of other affiliated entities.
The display of trademarks on the Website does not imply a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of federal common law or 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 this Website. They do not sponsor or endorse PDC’s materials.
Safety and Security
PDC does not provide Internet access or an electronic communication service to the public.
When arranging to meet another person through the use of Services, the Client must take appropriate precautions. Any such meetings are at the Client’s own risk and are not PDC’s responsibility.
The Client must notify PDC 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 an agreement on behalf of PDC and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to PDC. These individuals or entities shall have the full right to assert and enforce those provisions directly against any User or Client on their own behalf.
All Website Users agree to fully indemnify, defend and hold harmless PDC, its officers, directors, employees, agents, licensors, suppliers, affiliates, and any third party information providers to PDC 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 any User or Client.
In the event of any dispute between the User, the Client, and PDC arising out of or in connection with the execution, interpretation, performance, nonperformance, or Services (including alleged breach thereof) of this Agreement, the User or the Client, and PDC shall first engage in discussion/negotiation to amiably resolve the dispute. If the dispute cannot be resolved through amiable discussion/negotiation, the dispute shall be submitted, by either party, to binding Arbitration for resolution. Arbitration shall be submitted to and handled under the arbitration rules of the American Arbitration Association (AAA) in West Palm Beach, Fl.
By using the Services of PDC, the User and the Client agree to the resolution of disputes via arbitration and give up the right to litigation as the forum for resolving disputes.
The Client’s or the 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 PDC. PDC reserves the right to terminate the Client’s account at any time, at its discretion and with immediate effect. Notice of termination, to include effective date, will be provided by PDC to the Client via email.
The Client may cancel his/her subscription, without penalty or obligation, within forty-eight (48) hours from the time he/she is billed.
Applicable Governing Laws
This Agreement shall all be governed and construed in accordance with the laws of the State of Florida without giving effect to its conflict of law provisions. All Users and Clients agree any cause of action arising out of or relating to this Agreement or his/her use of the Website will be commenced by him/her within the statute of limitations set by the laws of Florida.
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 this Agreement. Such severance shall not affect the validity and enforceability of the remaining provisions of this Agreement.
PDC’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement (Term and Conditions)
This Agreement was last revised on March 1, 2021
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