TERMS AND CONDITIONS
NOTICE; You are not authorized to visit or access materials on Frugaldates.com until you have read and accepted the following terms and conditions and our privacy policy. This is a binding legal agreement. This agreement is made and entered into by and between you, a person desiring to access and make personal use of the materials appearing in the dating website called Frugaldates .com and Brian P. Allman, doing business as Frugal Dates. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Frugal Dates and you, and by further accessing or otherwise taking advantage of the services and materials provided by Frugal Dates.com, you agree to be bound by all the terms and conditions set forth herein. Subject to the provisions set forth in this agreement, Brian P. Allman, doing business as Frugal Dates hereby grants you a non-exclusive, but wholly revocable license, to access the internet dating website called Frugaldates.com and owned and operated by its owner Brian P. Allman. This agreement is subject to change by Frugal Dates without notice and at any time and changes are effective immediately. While Frugal Dates hopes that you meet someone, there is no guarantee that you will.
Local Laws. ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS, FOUND IN SERVICE (COLLECTIVELY REFERRED TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER THE AGE OF MAJORITY (EIGHTEEN (18) YEARS OF AGE IN MOST JURISDICTIONS, BUT 21 YEARS OF AGE WHERE 21 IS THE AGE OF MAJORITY) WHO ACCESS THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT DOES NOT INFRINGE UPON OR VIOLATE ANY LOCAL STANDARD OF DECENCY OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY TERRITORY. NO PERSON WHO IS UNDER THE AGE OF 18 (OR 21, WHERE APPROPRIATE) OR WHO ACCESSES THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT INFRINGES UPON OR VIOLATES ANY LOCAL STANDARD OF DECENCY OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER TERRITORY MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF SERVICE.
Restrictions on Use of Content. All content contained in service is protected under the laws of copyright, owned or under license to Frugal Dates or its designees, and represents proprietary and valuable intellectual property. You may not access, view, download or receive and make use of said content. Upon becoming a subscriber member of Frugal Dates, Frugal Dates grants you a limited, non-exclusive, non-transferable, revocable license to access and view the graphics files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with authorized subscriber member use of the content. You agree that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which Frugal Dates does not authorize such access, viewing, downloading, receipt or other use.
Sex Trafficking Prevention & Safety Tips.
Human Trafficking is a crime involving the exploitation of a person for labor, services, or commercial. The Trafficking Victims Protection Act of 2000 define two primary forms of human trafficking - Sex trafficking and forced labor. Additional legal definitions are contained in state and federal codes.
INTERNET DATING AND SEX TRAFFICKING IS A DANGEROUS CONNECTION!
Online dating has become a pervasive part of modern relationships, but they are also exploited by sex traffickers to recruit and exploit victims! You must protect yourself by THINKING!!!! See Fugaldates.com safety tips below!
IF YOU SUSPECT THAT YOU ARE IN A TRAFFICKING SITUATION, CALL 911!
Additional help after you call 911;
Call the confidential National Human Trafficking Hotline at 1-888-373-7888;text “help” to 233733 (BEFREE); send an email to help@humantraffickinghotline.org; chat at humantraffickinghotline.org/chat.
Monthly Member Subscriptions. By entering your credit card information you hereby authorize the credit card processing agent of Frugal Dates (or other approved facility), as disclosed on the "join page" of service, through which you purchase access to the service, to charge your account for the amount of the membership fee and to charge your account for any and all purchases of products, services and other charges made or otherwise incurred by you through the service. Upon request, subscribers will be given access to Frugal Dates billing records that support charges for use of the service. Rates of your subscription to service will be automatically renewed as detailed on the "join page" at the time of joining, and your credit card will be charged at the then-current subscription rate unless and until you notify Frugal Dates that you wish to cancel your subscription as provided in the “Termination” section below, and the charges will be as set forth therein. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until your termination of the service. All charges will appear on your credit card statement as detailed on the "join page" at the time of joining. A four (4) percent credit fee is added to your credit card charge, as well as state sales taxes that the company is required to collect by various state law. In the event of a refund to you, the credit card fee charged and any state sales tax collected will not be refunded to you.
ID and Password. Upon becoming a member of service, Frugal Dates's authorized processor will provide You with a unique ID and password which allows you access to the website. The ID and password are, and shall remain, the sole and exclusive property of Frugal Dates, and are issued to you in the form of a revocable license. The ID and password are confidential and proprietary material of Frugal Dates. You have a strict obligation to keep the ID and password confidential. Should the confidentiality of either your ID or password become compromised, or you have reason to believe that either may have become compromised, or learned by a person other than you, you must immediately so inform Frugal Dates via e-mail. Remember your ID and password, because Frugal Dates cannot and will not release that information to anyone else, including you, for any reason whatsoever.
Accurate Credit Card Information. If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform company via e-mail, frugaldatesus@gmail.com. Your failure to do so is a material breach of this agreement, and, in the event of your failure to notify Frugal Dates, you will remain responsible for charges posted to a lost or stolen credit card and hold harmless the company from same.
Security Breach. Your subscription cannot be assigned or transferred to any other person or entity at any time throughout your subscription. You must promptly inform Frugal Dates of the apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Frugal Dates is notified, by electronic mail of a breach in your account's security, you will remain liable for any and all unauthorized use of our service.
United States Export Controls. The content provided through this service, along with the software, is subject to United States export controls, and may not be downloaded, exported, re-exported, or otherwise saved or transferred into Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States government has embargoed goods or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading, exporting, re-exporting or otherwise using any such software or Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnification. You agree to indemnify and hold harmless Brian P. Allman, doing business as Frugal Dates, his employees, agents and subcontractors from and against any and all claims, losses, liabilities, actions, lawsuits or other expenses (including but not limited to any attorney's fees and costs) arising out of a breach by you of any of your covenants, representations or warranties contained herein. Your warranties and representations include: a) you are the age of majority under the laws of the jurisdiction to which you are subject (18 years old in most jurisdictions, but 21 years old where 21 is the age of majority); b) your personal and credit card information, provided to Frugal Dates in connection with your subscription is true and accurate in all respects and you will promptly notify Frugal Dates of any and changes in that information;
No Warranties. FRUGAL DATES SERVICE IS PROVIDED ON AN "AS IS" BASIS. FRUGAL DATES GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND DISCLAIMS ALL WARRANTIESTO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. FRUGAL DATES DOES NOT GUARANTEE AND ASSUMES NO RESPONSIBILITY FOR VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED BY ANY USER OF FRUGAL DATES SERVICE(S), INCLUDING, BUT NOT LIMITED TO, AND PERSONAL INFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRUDAL DATES, ITS OWNER, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OF ANY TYPE OR IN ANY WAY INCREASE THE SCOPE OF THIS PARAGRAPH. FRUGAL DATES IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION OF CONTENT OR WEBSITE DOWNTIME. You are solely responsible for having and maintaining the personal computer equipment and Internet access necessary to make use of Frugal Dates services.
Termination under the three (3) day recission law.
You have the right to cancel your subscription, without any penalty or obligation, within three (3) business days, excluding Sundays and holidays, following the date you signed up for Frugal Dates service. Simply fill out the cancellation email in our site. You will receive your refund within thirty (30) days of cancellation.
Termination, after the three (3) day recission has lapsed: If at any time, for any reason, you wish to deactivate or terminate your account, this can be done by simply wring an email to Frugal Dates. You understand that by deactivating or terminating your account, you will not be entitled to any refund of the fees you have paid to Frugal Dates and all outstanding payments under the terms of your subscription will be immediately due and owning, except as may otherwise be provided by law or under the terms of this agreement. If you cancel your monthly subscription with Frugal Dates, you will enjoy your monthly subscription until the end of the current month you are cancelling in. You are not eligible for a refund of any portion of the subscription fees paid by you for the then-current subscription commitment. In addition, your profile may still be viewable by other members for up to forty-five (45) days after your cancellation if you have not deleted your account.
Consent and Content Removal: By joining Frugaldates.com, you agree and give your express consent for your profile, imagines, videos, and other submitted content to be displayed and made visible to other members of Frugaldates.com. This includes but is not limited to being viewable in search results, members directories, and other areas of this website where subscriber profiles are showcased. If there is evidence of illegal content or adult or sexually explicit material, which is prohibited, Frugal Dates will immediately remove it and Frugal Dates may remove your profile, or parts of your profile for any and all reasons it deems, or sees fit, and there is no right of appeal. ANY ADULT OR SEXUALLY EXPLICIT MATERIAL IS PROHIBITED AND WILL BE IMMEDIATELY REMOVED!
Advertising. Frugal Dates does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination. You are advised to use your own judgment to evaluate all advertisements and other communications seen on Frugaldates.com.
Subscriber Communications. Iyou agree that all messages and other communications by you shall be deemed to be readily accessible to all other subscribers who are authorized to access Frugaldates.com and agree that all such messages and other communications shall not be deemed to be private or secure. You agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to Frugalsates.com can be read by the operator and/or other agents of Frugal Dates, whether or not they are the intended recipient(s) of those messages or communications.
User Uploaded Content. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through Frugal Dates even if a claim should arise after termination of service. You agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, intimidating, harassing, offensive, racially offensive, obscene, profane, sexually oriented, or illegal material, or any material which infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). In addition to the prohibited types of content described above, the following is a partial list of the kind of content that is further prohibited on the Site. You may not post, upload, display or otherwise make available content which, a) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b) advocates harassment or intimidation of another person; c) requests money from, or is intended to otherwise defraud, other users of Frugal Dates; d) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities); e) promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable; f) promotes an illegal or unauthorized copy 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; g) contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian); h) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); i) provides material that exploits people in a sexual, violent or illegal manner, or solicits personal information from anyone under the age of 18; j) provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses; k) contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices; l)impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; m) provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); n) disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges; o) solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; or publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes and transmission of the foregoing material or any material that violates any federal, state, or local law in the United States is strictly prohibited and shall constitute a material breach of this agreement entitling Frugal Dates to immediately terminate all rights to access to Frugaldates.com. You understand that all user content uploaded to Frugaldates.com, including profile data and photos, will be reviewed by Frugal Dates before appearing on Frugaldates,com. Frugal Dates may delete any content, in whole or in part, that in the sole judgment of the Frugal Dates violates this agreement or may harm the reputation of Frugal Dates. You may remove any content you uploaded to Frugaldates.com at any time. Frugaldates reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from Frugaldates.com and terminating or suspending the subscription of such violators. Any and all images and other profile elements uploaded to Frugaldates.com become property of Frugal Dates and may be used by Frugal Dates, without restriction, as marketing materials. By accepting this agreement and its terms and conditions you specifically authorize Frugal Dates to use any content and/or images you upload to Frugaldates.com for marketing Frugal Dates in their sole discretion and without your further permission or authorization. By posting content on Frugaldates.com you automatically grant to Frugal Dates, its owner, affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute any such content, (ii) prepare derivative works of any such content or incorporate the content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your content by Frugal Dates will not infringe or violate the rights of any third party.
Prohibited Activities. Frugaldates.com reserves the right to investigate and to terminate your subscription if you have misused its website or behaved in a way which could be regarded as inappropriate or whose conduct may be, or is unlawful. You agree that you have no legal recourse against Frugal Dates deleting and blocking your account.
Prohibition of Unsolicited "Spam" Email. You are strictly prohibited from sending any “spam” email.
Translations. Any and all translations of these terms into or out of the English Language are provided for your convenience only and the English language version of these terms will govern the relationship between Frugal Dates and you.
Severability. Except as otherwise expressly provided herein, if there is any provision of this agreement that is ultimately held to be unenforceable under applicable Virginia law, such provision shall be stricken from this agreement such that the remaining provisions of this agreement shall remain in full force and effect, and this agreement shall be interpreted as if such stricken provision was excluded and shall be enforceable in accordance with the rest of its terms as modified.
Non-Assignment. You may not sell, assign or transfer any of your obligations or rights under this agreement. Frugal Dates may, at its sole discretion, sell, give, assign or transfer its rights and obligations under this agreement at any time, without any restriction, and without notice to you or your consent.
Agreement Binding. This Agreement shall be binding upon you and Frugal Dates and any of the parties' respective successors and permitted assigns.
Termination by Frugal Dates. Frugal Dates may suspend, deactivate, block, prevent, or terminate your account and your right to use Frugaldates.com at any time, for any reason, or for no reason, at the sole discretion of Frugal Dates. This termination may be effectuated without any prior notice to you and without any explanation whatsoever. This includes blocking users or members from certain IP addresses. Frugal Dates further reserves the right to block or otherwise remove access to your account information, user content, services, or user data from Frugaldates.com at their sole discretion. In the event that Frugal Dates determines that your access to Frugaldates.com should be terminated or suspended for cause, including but not limited to, the breach of this agreement, flagged conduct, flagged content, or third party complaints, you agree that any and all fees paid to Frugal Dates by you will be completely nonrefundable, except as otherwise provided by law, and all outstanding and pending payments under the terms of your subscription with Frugal Dates will be immediately due, owing, and payable at that time. You hereby authorize Frugal Dates (through its credit card processing agent or other approved facility) to charge you for any and all such sums due, by charging your account using the credit card information or other payment information you provided Frugal Dates. Any and all refunds by Frugal Dates will be by Frugal Dates sole discretion.
Class Action Waiver. You waive any right to assert any claims against Brian P. Allman doing business as Frugal Dates as a representative or member of any class or representative action, except where such a waiver is prohibited by law. To the extent you may be permitted by law to proceed with a class or representative action against Frugal Dates, you agree that (1) the prevailing party shall not be entitled to recover attorney's fees, other professional fees, or court costs associated with pursuing the class or representative action (notwithstanding any other provision in this agreement); and (2) you shall “opt out” of such class at the first opportunity and will not submit a claim or otherwise participate in any recovery secured through the class or representative action.
Release of Liability. YOU, OR ANYONE CLAIMING BY, THROUGH OR UNDER YOU AGREE TO HOLD BRIAN P. ALLMAN, DOING BUSINESS AS FRUGAL DATES, AS WELL AS ALLMAN’S EMPLOYEES, SUBCONTRACTORS AND/OR AGENTS HARMLESS AND NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES YOU MAY CLAIM TO HAVE FOR YOU KNEW THAT ONLINE DATING IS DANGEROUS AND THERE IS AN AMOUNT OF PERSONAL RISK (EVEN DEATH) TO PARTICIPATING IN IT. YOU UNDERSTAND THAT DANGER AND FREELY AND VOLUNTARY ACCECPTED IT BY ENTERING INTO THIS AGREEMENT WITH ALLMAN AND BY USING HIS DATING WEBSITE, FRUGALDATES.COM.
Applicable Law. This agreement shall be governed by and construed under the laws of Virginia, without regard to conflict of law principles. The sole, exclusive jurisdiction and venue for any and all disputes will be the General District Court, Small Claims Division of Loudoun County, Virginia. There is no attorney fees provision included in this agreement. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this agreement shall survive its termination.
Entire Agreement. This agreement contains the entire agreement between Brian P. Allman, doing business as Frugal Dates and you regarding the subject matter hereof. This agreement supersedes all prior written and oral understandings, writings, and representations express or implied. This agreement may only be amended by Frugal Dates. Each party confirms that it has not relied upon any representation not expressly set forth herein to enter into this agreement. A failure by either party hereto to exercise or enforce any rights conferred upon it by this agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time(s).
Brian P. Allman
d/b/a Frugal Dates
44715 Prentice Drive, #1111
Ashburn, Virginia 20146
FOR LEGAL SERVICE OF PROCESS;
20465 Greymont Terrace, Ashburn, Virginia 20147
