Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use or purchase any of Date Brazen LLC’s digital or downloadable resources, online course, group coaching, or enter any online private forums operated by Date Brazen LLC (for any purpose), whether on a website hosted by Date Brazen LLC or a third-party website, such as an online course or community platform (collectively “the Program”).
If you do not agree with these TOU, you may not purchase or participate in the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Date Brazen LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Lily Womble.
1. The Program
You will receive as part of the Program:
i. Access to the Program portal containing Program materials, including videos, audio, worksheets, and homework assignments for 12 months;
iii. Forty-eight (48) group coaching calls over 12 months;
iv. Support in between calls during business hours, through any method the Company provides, which may be modified at the Company’s discretion
The Company may, from time to time and in its sole discretion, offer additional program elements or opportunities to certain participants or subgroups of participants. Any such additional program elements are offered as bonuses and are not part of the services included in the base version of the Program. Participation in any additional program elements is not guaranteed, may be modified or discontinued at any time, and does not create any entitlement, contractual right, refund, or credit for participants who do not receive or participate in such elements. This includes, without limitation, group coaching calls for affinity groups.
2. Participants
If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
3. Payment
You agree to the fees and payment schedule selected at checkout.
If you enroll in a payment plan offered through a third-party payment servicer, you will be directed to that third-party payment servicer’s website and you agree to be subject to that third-party’s terms of service and privacy policy in addition to these TOU. You are solely responsible for making timely payments under any payment plan you choose. Payment plan terms, including schedules and amounts, are governed solely by the third-party payment servicer and may not be altered except as allowed by that servicer’s policies.
If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received by the date due, you will have a seven (7) day grace period to make the payment, otherwise your participation in the Program will not continue. The Company reserves the right to terminate your participation in and access to the Program and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and, if applicable, all payments in any payment plan you have chosen, regardless of whether you continue to access or participate in the Program. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. Refunds
Your satisfaction with the Program is important. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment and you will not receive a refund at any time. By using and/or purchasing the Program, you understand and agree that all sales are final and no refunds will be provided.
Dissatisfaction with coaching provided by any coach, co-coach, or guest coach does not constitute a basis for a refund, or other remedy.
Company reserves the right, in its sole discretion, to determine how to manage a participant who violates these TOU. Therefore, if a participant disagrees with how the Company manages another participant and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds to receive a refund would be created, and any request for a refund on this basis shall be denied.
As the Company reserves the right, in its sole discretion, to offer additional program elements or opportunities to certain participants or groups of participants, denial of access to any such additional elements or opportunities does not create grounds for a refund, and any refund request made on that basis will be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.
You have agreed to the Company’s clear and explicit refund policy before completing your purchase and agree that you will not file a fraudulent chargeback with your credit card company or payment processor. If a chargeback is found to be fraudulent, the Company reserves the right to refuse future transactions with you, report the fraudulent chargeback to credit reporting agencies and/or chargeback databases, recover all of the Company’s expenses and attorney’s fees incurred due to your payment default, and take any other appropriate legal action.
5. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (the “Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase or access the Program or any of the Content, you will be considered the Company’s licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license to the Content for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of the Program materials for your own personal purposes.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights in the Content – it is still Company property. Any unauthorized use of the Content shall constitute infringement.
You must receive the Company’s written permission before using the Content for your own commercial use or before sharing with others.
Use of AI tools is permitted solely in accordance with the instructions or suggested prompts provided in the Program materials. You are strictly prohibited from uploading, sharing, or distributing the Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
The trademarks and logos displayed on the Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company’s written permission.
All rights not expressly granted in this TOU or any express written license, are reserved by the Company.
c. Unauthorized Use
Your use of any Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant the Company the right to make it part of the Company’s current or future website and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. You acknowledge that, if you grant this consent, the Company has the right but not the obligation to use Your Material and that the Company may cease the use of Your Material on its website or in the Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that are created by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to use, display, distribute or otherwise publish these Company-created recordings and materials. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, including by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that the Company has the right but not the obligation to use any such contributions and may elect to cease their use at any time for any reason.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to support@datebrazen.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Program and Content.
6. Coach-Client Relationship
The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.
a. Your Coaches’ Responsibilities
○ Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.
○ Your coaches will provide individual guidance to group participants based on information provided to the coaches.
○ Your coaches will answer questions through whatever forum the Program provides, such as via the Company’s website, a community forum, live event, or live group coaching call.
b. Your Responsibilities
○ You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions.
○ You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
○ You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
○ You agree that you are completely responsible for your physical, psychological, and financial wellbeing – during, after, and in between sessions.
○ You agree that you are the expert in your own life and are fully responsible for any choices and decisions you make during the coaching process and in applying what you have learned in the Program to your own life.
c. Guest and Support Coaches
The Company makes no guarantees or promises that you will receive coaching from any particular coach. The Company may have guest coaches or may hire support coaches to provide coaching to you, at any time during the Program. All guest or support coaches are qualified and approved by the Company to provide coaching under the Program. The Company reserves the right to assign any and all duties, responsibilities, and obligations under the terms of this TOU to any qualified party of the Company’s choosing to provide coaching to you, without providing advanced notice or obtaining consent from you.
d. Participation Requirements for Coaching Sessions
You are required to have your camera turned on during coaching sessions. You must participate in coaching sessions from a stationary location and not while driving or operating a vehicle. The Company reserves the right to remove you from a session if these requirements are not met.
7. Your Conduct
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or in any third-party forums owned, operated, or moderated by the Company, whether officially sanctioned by the Company or not. This means you agree not to form, or invite Program participants to join, any official or “shadow” groups on social media or any other platform, or organize in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup or seminar, without first receiving approval from the Company. You agree not to market, promote, or sell any products or services, including without limitation coaching services, to Program participants, unless you are authorized or requested to do so by the Company.
Please also choose carefully the materials that you upload, submit, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for Your Material and any contributions you submit during the Program and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and in any third-party forums operated by the Company, whether by leaving a comment or participating in a chat, in a public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications including, but not limited to, communications for marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
• Sharing private and proprietary information from other participants with anyone else
• Using discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s website and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material. The Company shall not be responsible or liable for any loss or damage arising from such third-party content on the Company website or on any third-party forums operated by the Company.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.
8. Confidentiality
The Company is not legally bound to keep your information confidential.
Nevertheless, the Company agrees to keep all information about the coaching relationship confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or any other professional relationship protected by legal privilege.
Confidential information does not include information that:
(a) was in the Company’s possession prior to your participation in the Program;
(b) is generally known to the public or in your circle of friends and family and co-workers; or
(c) the Company may be required by law to disclose.
You also agree to keep all information you learn about other Program participants strictly confidential, unless disclosure is required by law. Due to privacy and intellectual property concerns, participants may not use artificial intelligence technology to record or transcribe any coaching or training sessions, workshops, classes, or webinars.
You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or their clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them within the Program, in future programs, on the Company’s website, or in third-party forums operated by the Company. Unless granted consent from participants to share a recorded coaching call, all recorded calls will be shared only with other Program participants.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your participation in the Program and access to the Content.
9. Recording of Coaching Calls; Use and Access
The Company may record coaching calls and make those recordings available, in whole or in part, within the Program portal, future programs, the Company’s website, or in third-party forums operated by or behalf of the Company. Unless the Company has obtained express consent to share a recording more broadly, recorded coaching calls will be accessible only through paid or access-restricted programs, platforms, or forums operated by the Company.
The Company may, in its sole discretion, retain these recordings and make them accessible for any length of time, including for future participants. Your access to the recordings is limited to the period of your enrollment in the Program. The Company does not guarantee the availability of recordings for any minimum period and reserves the right to remove or restrict access to recordings at any time.
By participating in recorded coaching calls, you acknowledge and agree that you have no right to approve, limit, or request the removal of recordings once created, except where required by law.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private areas of the Company’s website or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your participation in the Program and access to the Content.
10. Username and Password
To access certain features of the Program, including any private areas limited to paying participants, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you are unable to access your account before the Program begins. You agree to keep your username and password confidential. You also agree to provide true, accurate, current and complete information about yourself during the registration process. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
11. Live or In-Person Events
If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the event. You agree to always exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in any Company events. This includes, generally, respect for other people, equipment, facilities and property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the event or any person, facility or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as the Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
You agree that you will not consume alcohol prior to any part of the event that involves physical exercise or activity or use any medicine or substance that will inhibit your mental or physical ability to safely participate in the event.
If you choose to consume alcoholic beverages during any part of the event, you must do so responsibly and only if you are over the age of twenty-one (21).
The Company is not responsible for any personal item or property that is lost, damaged or stolen during the Program, including at any events.
12. Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in whole or in part, at any time without notice. If you violate any provision of this TOU, the Company may terminate your participation in the Program immediately and without refund. In the event of cancellation or termination, you are no longer authorized to access the affected portions of the Program or Content. The restrictions imposed on you in these TOU regarding the Program and its Content will still apply now and in the future, even after termination by you or the Company.
You are responsible for payment of the full cost of the Program, regardless of whether you complete the Program in whole or in part. If you enrolled in a payment plan, you agree to complete all remaining payments under that plan in accordance with the schedule, regardless of your level of participation.
In the event you decide to cancel, any default, future, or late payments will be due immediately.
13. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise. You acknowledge that the Company does not control or influence your personal interactions, including dating, and that you are solely responsible for your decisions and safety in those situations.
b. The Program and Content provide information and education only, and do not constitute professional advice of any kind, including but not limited to financial, legal, medical or psychological advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. Any decisions or actions you take, including dating, are your sole responsibility. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
c. You acknowledge that the Company cannot guarantee your personal safety, nor can it prevent harm caused by the actions of others or resulting from your own choices or actions outside the Program.
d. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
e. If you have thoughts about harming others or yourself, you should not participate in the Program. Instead, you should immediately call 911 and seek appropriate professional help. If the Company is informed of your intention to harm yourself or others, the Company reserves the right to contact the proper authorities and release whatever information the Company possesses to protect the individual(s) at risk.
f. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless from any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
g. California Residents Only: You expressly acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTIES DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
h. Results Disclaimer: You agree that Company has not made and does not make any representations about the results, outcomes, or personal experiences you may have as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or outcome from your use of the Program, and you understand that results and experiences differ for each individual.
i. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
j. If you enroll in a payment plan through a third-party payment provider, you acknowledge and agree that all payment obligations, disputes, errors, or technical issues are your responsibility and must be addressed directly with the third-party provider. The Company is not liable for any issues arising from the use of third-party payment plans.
k. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, the Company will try to limit the frequency and duration of suspension or restriction.
l. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING PAGES LIMITED TO PAYING PARTICIPANTS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
m. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
14. Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under the Company’s control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
15. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflict of laws principles. The state and federal court nearest to Brooklyn, New York shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
16. Users Outside United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that the Program or its Content are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
18. Force Majeure
The Company shall not be deemed in breach of this TOU if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOU.
18. General Provisions.
The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website, and participants shall be notified via email. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force, and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.
By clicking on the box when signing up for Main Character Dating, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to our terms. If you do not agree with our term, do not enroll in this program or use our content.
Updated on January 29, 2026