FlirtExpert LLC operates the website, www.theflirtexpert.com (the Website,
which offers the consulting services of Rachel DeAlto and other employees in relation to dating and flirting (the Services). This is a legal agreement (Agreement) between you and FlirtExpert LLC, a New Jersey corporation (FlirtExpert). FlirtExpert can be contacted at 830 Broad Street, Shrewsbury, NJ 07702. 1. Acceptance of Terms of Use Agreement: a. Electronic Agreement: This Agreement is an electronic contract that sets out the legally binding terms of your use of the Services. This Agreement may be modified by FlirtExpert from time to time without notice to you. Any such modifications will become effective upon posting by FlirtExpert the Website. Your use of the Services or the after the date of such a posting will constitute acceptance by you of any such changes. This Agreement includes FlirtExperts Privacy Policy and any notices regarding the Website. By purchasing the Services you become a user and agree to, and are bound by, the terms and conditions of this Agreement for the duration of the time you continue to use the Website or the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE WEBSITE OR SERVICES OF FLIRTEXPERT. In addition to any other express or implied acceptance of this Agreement, you agree that your use of the Services of FlirtExpert is to be considered acceptance of all of the terms within this Agreement and your understanding that you are bound by those terms. b. Electronic Form: By purchasing the Services you become a client and agree to, you 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. A non-electronic copy of this Agreement is available and will be forwarded upon receipt of a letter requesting same and self-addressed stamped envelope to: FlirtExpert LLC, 830 Broad Street, Shrewsbury, NJ 07702 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. i. Notice: In order to withdraw your consent of this Agreement, please send a letter and self-addressed stamped envelope to: FlirtExpert LLC, 830 Broad Street, Shrewsbury, NJ 07702 ii. Effect of Withdrawal: Should you choose to withdraw your consent to have this Agreement provided to you in
electronic form, you will no longer have the right to utilize
the Services, the Website, or services of FlirtExpert until we have received a signed copy of a non-electronic version of this Agreement, which we will send to you upon request. At that time, you will be permitted to utilize the Services. iii. Effective Date of Withdrawal: 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 accepted by you electronically prior to the receipt of your withdrawal of your consent to have the Agreement provided electronically. 1. Eligibility: a. Minimum Age: You must be at least 18 years old to use the Services of FlirtExpert. By using the Services of FlirtExpert, you represent and warrant that you are at least 18 years old and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You hereby acknowledge that this Website is not intended for us by anyone thirteen years of age or under. 2. Use of Services: As a user of the Services you agree to the following: a. Risk Assumption and Precautions: You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Services, the Website or other services of FlirtExpert. In addition, you agree to review and follow the recommendations set forth in FlirtExperts Safety Tips, which is available on the Website. You understand that FlirtExpert makes no guarantees, either express or implied, regarding the conduct of individuals you meet or communicate with as a result of the use of the Services, the Website or services of FlirtExpert. b. No Harassment of FlirtExpert Employees or Agents. You will not harass, annoy, intimidate or threaten any FlirtExpert employees or agents engaged in providing any portion of any services of FlirtExpert to you. c. No refunds. FlirtExpert is committed to providing exceptional coaching and consulting services for its clients; however, FlirtExpert is under no legal obligation to refund the purchase price of any Services under any circumstance unless explicitly put forth by FlirtExpert. FlirtExpert will seek to satisfy every customer in a reasonable way through extended and reasonable consultant interaction, but does not offer refunds.
d. No guarantees. FlirtExpert is committed to providing exceptional
coaching and consulting services for its clients; however, FlirtExpert provides no guarantees as to the outcome of providing said Services. e. Term: This Agreement will remain in full force and effect while you use the Services or the Website. You may terminate your account on the Website, for any reason, by sending FlirtExpert written notice of termination to FlirtExpert LLC, 830 Broad Street, Shrewsbury, NJ 07702. 3. Proprietary Rights: a. Ownership of Proprietary Information: You hereby acknowledge and agree that FlirtExpert is the owner of highly valuable proprietary information, including without limitation, patents pending in relation to the services of FlirtExpert. FlirtExpert owns and hereby retains all proprietary rights in the relation to the Services, the Website or services of FlirtExpert. b. Use of Proprietary Information: Except as specifically contemplated herein or on the Website, you will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) proprietary information of FlirtExpert or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, the Website or services of FlirtExpert, without first obtaining the prior written consent of the owner of such proprietary rights. c. Other Users Information: Users of the Services, the Website or services of FlirtExpert may post Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any FlirtExpert or third party proprietary information available via the the services of FlirtExpert or the Website. 4. User Information: a. Privacy Statement: To learn more information about the collection and possible use of information and material provided by you, please click on FlirtExperts Privacy Statement located on the Website. By using the Website or the the services of FlirtExpert, you are consenting to the terms of FlirtExperts Privacy Statement. b. Disclosure By Law: You acknowledge and agree that FlirtExpert may disclose information you provide if it is required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend FlirtExperts, or a third partys, rights or property; or (3) protect someones health or safety, such as when harm or violence against any person (including the user) is threatened.
5. Links to Third-Party Websites / Dealings with Advertisers and
Sponsors: The Website may contain links to websites of third-parties, including without limitation, advertisers, which are not under the control of FlirtExpert. You understand that FlirtExpert is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such websites. Any such links provided by FlirtExpert are as a convenience only, and does not imply that FlirtExpert endorses or accepts any responsibility for the content on such third-party websites. Any dealings, correspondence, or participation in promotions with such websites (including payment and delivery of related goods or services, any personal information or opt-in contact information voluntarily given to advertisers and sweepstake sponsors, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such entities, advertisers or sweepstakes sponsors. You agree that FlirtExpert will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings whatsoever. Please visit our Privacy Statement to learn more about how we use your information. 6. Disclaimer of Warranty: a. No Warranties: THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FLIRTEXPERT PROVIDES THE SERVICES AND THE WEBSITEON AN AS IS AND AS AVAILABLE BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FLIRTEXPERT DOES NOT WARRANT THAT YOUR USE OF THE SERVICES OR SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES OR SERVICES WILL BE CORRECTED. FLIRTEXPERT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR SERVICES. b. Third Party Content: Opinions, advice, statements, offers, or other information or content made available through FlirtExpert, but not directly by FlirtExpert, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. FLIRTEXPERT DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN FLIRTEXPERT. UNDER NO CIRCUMSTANCES WILL FLIRTEXPERT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONES RELIANCE ON
INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR
TRANSMITTED TO OR BY ANY USERS. c. Beta Features: FlirtExpert may occasionally offer new beta features or tools with which its users may experiment on the Website. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at FlirtExperts sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools. 7. Limitation of Liability: a. Incidental Damages and Aggregate Liability: IN NO EVENT WILL FLIRTEXPERT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF FLIRTEXPERT KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL FLIRTEXPERTS AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, THE WEBSITE OR SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID FLIRTEXPERT FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT. b. No Liability for non-FlirtExpert Actions: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLIRTEXPERT BE LIABLE FOR ANY 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 SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS AS A RESULT OF THE SERVICES OFFERED. 8. Indemnification: You agree to indemnify, defend and hold harmless FlirtExpert, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys fees) relating to or arising out of (a) your use of or inability to use the Services, or the Website, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. FlirtExpert reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FlirtExpert in asserting any available defenses.
9. Complaints / Law Enforcement Contact:
To resolve a complaint regarding the Services, the Website or service, you should review our Frequently Asked Questions (FAQs), or e-mail us at info@FlirtExpert.com. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to FlirtExpert via facsimile at (866) 543-4248. 10. Communication and Privacy: We may use your email address to send you messages notifying you of important changes or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services or the Wesbite. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options. 11. Subscriptions a. General: You agree to pay FlirtExpert all charges at the prices then in effect for any use of the Services by you or other persons. You authorize FlirtExpert to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. FlirtExpert reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. b. 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 FlirtExpert does not receive payment from your Payment Method Provider, you agree to pay all amounts due upon demand. c. 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 FlirtExpert shall provide, notice of the amount to be charged and the date of the charge at least 10 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 FlirtExpert may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. 12. General Provisions. a. Controlling Law and Jurisdiction: You agree that New Jersey law (without giving effect to its conflicts of law principles) will govern this Agreement, the Services and the Website and that any dispute arising
out of or relating to this Agreement, the Services, the Website or the
services will be subject to the exclusive jurisdiction and venue of the federal and state courts of New Jersey. You acknowledge and agree that any violation of this Agreement may cause FlirtExpert irreparable harm, and therefore agree that FlirtExpert will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that FlirtExpert may have for a breach of this Agreement. b. Miscellaneous: This Agreement comprises the entire agreement between you and FlirtExpert regarding the use of the Services, superseding any prior agreements between you and FlirtExpert related to your use of this Website or the services of FlirtExpert (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of FlirtExpert to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.