b. Electronic Form. When you click on the "I Accept" button at the end of this Agreement, you also consent to have this Agreement provided to you in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement.
d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
* Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive from you a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
* Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to firstname.lastname@example.org Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
f. Phone Contact. By entering your phone number and clicking the contact box, you are granting Sirfcoffee.com the right to contact you by phone for site assistance and to present special offers. We will not share or sell this information with any other parties.
You must be at least eighteen (18) years of age and single or separated from your spouse to register as a member of Sirfcoffee.com or use the Website. Membership in the Service is void where prohibited. By using the Website, 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.
3. Membership and Subscription; Pricing
You may become a Member of the Service by paying the Annual Membership Fee and Application Fee. However, from time to time we have will promotional periods in which the Annual membership can be free of cost or at a discounted price. Annual Membership fees are refundable only if a) The application to become part of the service is not granted, in which case the Annual Membership Fees will either not be charged, or automatically refunded OR b) Upon the written request from the member in the event that the service is unable to suitably match the member on a date within 90 days of the date of successful membership. Approval of a refund requests is at the sole discretion of the Service. Application Fees are non-refundable.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by emailing notice of termination to email@example.com. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). Sirfcoffee.com may terminate your membership and/or subscription by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Sirfcoffee.com. If Sirfcoffee.com terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole and absolute discretion of Sirfcoffee.com. Sirfcoffee.com is not required to provide you notice prior to terminating your membership and/or subscription. Sirfcoffee.com is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members
The Website is only for the personal use of individual Members and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and may not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Sirfcoffee.com, which may be revoked at any time, for any reason, in Sirfcoffee.com's sole and absolute discretion.
6. Account Security
You are responsible for maintaining the confidentiality of the user name and password that may be designated to you during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Sirfcoffee.com of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sirfcoffee.com will not be liable for any loss or damage arising from your failure to comply with these provisions. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling the auto-sign in feature.
7. Your Interactions with Other Members
You are solely responsible for your interactions with other Members. You understand that Sirfcoffee.com does not in any way screen its Members, nor does Sirfcoffee.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Sirfcoffee.com makes no representation or warranty as to the conduct of its Members or their compatibility with any current or future Members. You agree to take reasonable precautions in all interactions with other Members of the Service. You understand that Sirfcoffee.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members.
8. Limitation on Liability
In no event shall Sirfcoffee.com be liable for any attorneys' fees or 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 Service, including without limitation, bodily injury, emotional distress, breach of contract, or any other claim of any type or nature resulting from your use, communications or meetings with other registered users of the Service or persons you may meet through the Service.
9. Content on Sirfcoffee.com
(a) Proprietary Rights. Sirfcoffee.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Sirfcoffee.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Sirfcoffee.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Sirfcoffee.com DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Sirfcoffee.com. UNDER NO CIRCUMSTANCES WILL Sirfcoffee.com BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USER OF THE SERVICE.
10. Content Posted by You on Sirfcoffee.com
a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You agree not to post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree not to provide inaccurate, misleading or false information to the Company or to any other Member. If information you provided to Sirfcoffee.com or another Member subsequently becomes inaccurate, misleading or false, you will promptly notify Sirfcoffee.com of such change.
b. You understand and agree that Sirfcoffee.com may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content") that in the sole judgment of Sirfcoffee.com violate this Agreement or which might be offensive, illegal, or that might harm, violate the rights of, or threaten the safety of Members.
c. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Sirfcoffee.com, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Sirfcoffee.com will not infringe or violate the rights of any third party.
d. The following is a partial list of the types of Content that are illegal or prohibited on the Website. Sirfcoffee.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
* is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
* harasses or advocates harassment of another person;
* involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
* promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
* promotes the illegal or unauthorized duplication of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
* contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
* provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
* provides instructional information about illegal activities such as making or buying illegal weapons, violating any person's privacy, or providing or creating computer viruses;
* solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
* promotes commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Sirfcoffee.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
g. All information you include in your Member profile must be accurate, current and complete.
11. Prohibited Activities
Sirfcoffee.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial list of the types of actions that you may not engage in with respect to the Service:
* You may not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.
* You may not "stalk" or otherwise harass any person.
* You may not express or imply that any statements you make are endorsed by Sirfcoffee.com without our specific prior written consent.
* You may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
* You may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
* You may not remove any copyright, trademark or other proprietary rights notices contained in the Service.
* You may not interfere with or disrupt the Services or the Website or the servers or the computer networks connected to the Services or the Website.
* You may not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
* You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
* You may not "frame" or "mirror" any part of the Service or the Website, without Sirfcoffee.com's prior written authorization. You also may not use meta tags or code or other devices containing any reference to Sirfcoffee.com or the Service or the site in order to direct any person to any other web site for any purpose.
* You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
12. Customer Service
Sirfcoffee.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time improper, we reserve the right to immediately terminate your membership without refunding any unused subscription fees.
13. Subscriptions; Charges on Your Billing Account
a. General. Sirfcoffee.com bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Sirfcoffee.com all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Sirfcoffee.com to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Sirfcoffee.com reserves the right to correct any billing errors or mistakes that it makes, even if it has already requested or received payment.
b. Current Information Required. 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, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Sirfcoffee.com IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTP://WWW.Sirfcoffee.com. IF YOU FAIL TO PROVIDE Sirfcoffee.com ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Sirfcoffee.com MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY Sirfcoffee.com).
c. Payment Method. 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 (the "Payment Method Provider"). If Sirfcoffee.com does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
d. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Sirfcoffee.com shall provide, notice of the amount to be charged and the date of the charge at least ten days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Sirfcoffee.com may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of any billing cycle.
e. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Sirfcoffee.com is authorized to charge your Payment Method. Sirfcoffee.com may submit regularly occurring charges for payment and you will be responsible for such charges. This does not waive Sirfcoffee.com's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
14. Modifications to Service
Sirfcoffee.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sirfcoffee.com shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
15. Blocking of IP Addresses
In order to protect the integrity of the Service, Sirfcoffee.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
16. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
17. Member Disputes
You are solely responsible for your interactions with other Sirfcoffee.com Members. Sirfcoffee.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Sirfcoffee.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by Sirfcoffee.com, users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. Sirfcoffee.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Sirfcoffee.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Sirfcoffee.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will Sirfcoffee.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Sirfcoffee.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sirfcoffee.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because Sirfcoffee.com has no control over such sites and resources, you acknowledge and agree that Sirfcoffee.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sirfcoffee.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
21. Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Sirfcoffee.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if Sirfcoffee.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Sirfcoffee.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Sirfcoffee.com for the Service during the term of membership.
22. Indemnity by You
You agree to defend, indemnify and hold Sirfcoffee.com, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any other party due to or arising out of your use of the Service in breach of this Agreement and/or arising from a breach of this Agreement by you and/or any breach of your representations and warranties set forth above.
23. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
24. Dating Service Statutes
This Agreement and the Website are intended to comply with all State and federal laws governing dating services, to the extent that such laws apply. If any statute, law or ordinance creates any additional or different requirement than those contained in this Agreement, such statute, law or ordinance shall control.
This Agreement, accepted upon clicking the "I Accept" box at the end of this Agreement or by using or becoming a Member of the Service, contains the entire agreement between you and Sirfcoffee.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.