Welcome to datevites.com, the service for single adults to meet each other online, operated by HMV Technologies, L.L.C. By using the datevites.com Website,
(the "Website") you agree to be bound by these User Agreement (this "Agreement"), whether or not you register as a member of datevites.com ("Member").
If you wish to become a Member and make use of the datevites.com service (the "Service"), please read these User Agreement. If you object to anything
in this Agreement or the datevites.com Privacy Policy, do not use the Website or the Service. The User Agreement are subject to change by datevites.com
at any time, effective upon posting on the datevites.com website, and your use of the Service after such posting will constitute acceptance by you of
such changes.
Eligibility
You must be at least eighteen (18) years of age and single or separated from your spouse to register as a member of datevites.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.
Modification
You agree that datevites.com may amend or modify these Terms or impose new conditions at any time by updating these Terms. Any use of the Services
after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. Should you object to any such
modifications to these Terms, your sole and exclusive remedy is to discontinue using the Service.
International Users
The Service is offered from the operations of datevites.com in the United States of America. datevites.com makes no representation that the Services
are appropriate or available in other locations. If you access the Service from other locations, you do so on your own initiative and are
responsible for compliance with local laws, if and to the extent local laws are applicable. As a member, you agree that datevites.com may collect,
use and transfer your personal information as described in the Privacy Policy, including transfer outside the country where you live.
Online Conduct
You are solely responsible for the content, or information you publish or display on the Service, or transmit to other members. You will not post
on the Service, or transmit to other members, or employees, any defamatory, fraudulent, 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 will use the Service in a manner consistent
with any and all applicable laws and regulations. You will not include in your profile, any telephone numbers, street addresses, last names,
URL's, e-mail addresses, offensive anatomical, sexual references, or offensive sexually suggestive or connotative language, and you will not post
any photos containing nudity or personal information. datevites.com reserves the right, but has no obligation, to reject any profile or photo that
does not comply with these prohibitions. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or
services through the Service. You will not transmit any chain letters, or junk e-mail to other members. You will 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 are solely responsible for your interactions with other members. datevites.com reserves the right, but has no obligation, to monitor
disputes between you and other members.
Indemnification
You will defend, indemnify, and hold harmless datevites.com, 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 your use of the Service, including without limitation,
any breach by you of these Terms.
Online Content
Opinions, advice, statements, offers, or other information or content made available through the datevites.com service are those of their respective
authors, and not of datevites.com, and should not necessarily be relied upon. Such authors are solely responsible for such content. datevites.com does
not guarantee the accuracy, completeness, or usefulness of any information on the Service. It neither adopts nor endorses, nor is responsible for
the accuracy or reliability of any opinion, advice, or statement made. Under no circumstances will datevites.com be responsible for any loss or damage
resulting from anyone's reliance on information, or other content posted on the datevites.com service, or transmitted to datevites.com members.
Personal Information
datevites.com is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select
the type of information that you post on the datevites.com service or release to others. datevites.com reserves the right, but has no obligation to monitor
the materials posted in the public areas of the Service. datevites.com shall have the right to remove any such material that violates, or is alleged to
violate, the law or this agreement; however, you remain solely responsible for the content of the materials you post in the public areas of the Service
and your e-mail messages sent through the Service.
Proprietary Rights
datevites.com owns and retains other proprietary rights in the Service. The Service contains the copyrighted material, trademarks, and other proprietary
information of datevites.com, and its licensors. In addition, other members may post copyrighted information, which has copyright protection whether or not
it is identified as copyrighted. Except for that information which is in the public domain, or for which you have been given permission, you will not copy,
modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By posting information, a photograph or content to any
public area of datevites.com, you automatically grant, represent, and warrant that you have the right to grant, to datevites.com and other members an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, 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.
Complaints
To resolve a complaint regarding the datevites.com service, you should first contact datevites.com Customer Support by using the form to the right.
Disclaimer of Warranties
Use of the Services is at your sole risk. All content and services provided by datevites.com on the Services is provided "as is" and on an "as available
basis." Neither datevites.com nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party
content providers, designers, contractors, distributors, merchants, advertisers, sponsors, licensors or the like (collectively, "Affiliates") warrant that use
of the Services will be uninterrupted or error-free. Neither datevites.com nor its Affiliates warrant the accuracy, integrity or completeness of the content
provided on the Services. datevites.com DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
In no event shall datevites.com be liable for any direct, incidental, consequential, or indirect damages (including, but not limited to, damages for
loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of, or related to, the use of, or inability to
use, the Service, even if datevites.com or its agents or representatives know or have been advised of the possibility of such damages. datevites.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 datevites.com.
for the Service during the term of membership. In addition, datevites.com disclaims all liability, regardless of the form of action, for the acts or omissions
of other members or users (including unauthorized users) of the Service.
Jurisdiction
These Terms are governed by the laws of Texas, without regard to rules generally applicable to resolving conflicts of laws. You agree to both the
exclusive jurisdiction and the exclusive venue of the federal and state courts of Texas, with respect to any claim or cause of action, whether in law
or in equity, arising under or relating to these Terms or use of the Service.
MANDATORY ARBITRATION TO RESOLVE DISPUTES
PLEASE READ THIS PROVISION CAREFULLY. THIS PROVISION MEANS THAT, EXCEPT AS NOTED BELOW IN THE SECTION ENTITLED "CLASS ACTION WAIVER," YOU AND WE
AGREE TO ARBITRATE ANY AND ALL CLAIMS OR DISPUTES BETWEEN US THAT IN ANY WAY ARISE OUT OF OR RELATE TO THE AGREEMENT, THE USE OF THE SERVICE, OR THE PROVISION
OF SERVICES OR PRODUCTS PROVIDED TO YOU, INCLUDING, WITHOUT LIMITATION, ANY BILLING DISPUTES. ALL SUCH CLAIMS AND DISPUTES SHALL BE SUBMITTED TO FINAL,
BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). The arbitration shall be conducted under the AAA Rules and Supplemental
Procedures for consumer-related disputes and shall take place in Boston, Massachusetts. You acknowledge that the Agreement affects interstate commerce
and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement. Before instituting arbitration, you agree to
provide us with an opportunity to resolve your claim or dispute by sending us a written description of your claim and negotiating with us in good faith
regarding your claim. If we are not able to resolve your claim or dispute within 30 days of receipt of your notice, then you may initiate arbitration
proceedings with the AAA.
CLASS ACTION WAIVER.
IF YOU INITIATE AN ACTION AGAINST US, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING CLAIMS IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS
REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF AN ARBITRATOR DETERMINES THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR
REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE ARBITRATION AGREEMENT WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED
BY A COURT OF APPROPRIATE JURISDICTION, OTHER THAN A SMALL CLAIMS COURT.