Terms of Agreement
The Network Date Connect (NDC) LLC service (the “Service") is operated by Network Date Connect (NDC) LLC ("us", "we" or "the Company"). By accessing or using our web site at http://networkdateconnect.wixsite.com/networkdateconnect (the "Site") or attending a Network Date Connect (NDC) LLC event (an “Event”), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service or the Site or attendance at an Event after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site or attend an Event. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Privacy Policy
NDC keeps all information supplied by You confidential, including credit card data. However, by User providing to NDC User's email address and/or telephone number while at an event, User authorizes NDC to release said information to other guests who You "match" with. For more information on how NDC handles information, You are encouraged to read Our Privacy Policy.
Proprietary Rights in Site Content; Limited License
All content on the Site (including all data provided by you) and available through the Service (the "Site Content") is the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any Site Content to which you have properly gained access solely for your personal, non-commercial use. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Your Responsibility
To participate in any NDC event, guests must be 18 years or older (or whatever age specified at the event). Any and all information User provides to NDC will be true, complete and correct in all aspects and material information will not be omitted. User will obey all applicable laws and regulations while using the NDC Web site and while attending NDC events.
Payment Terms
Any fees to register to access any of our Services or Events shall be paid through third party payment systems utilized by us, such as Paypal and Google Checkout. Any fees paid for our Services or Events are strictly governed by our Payment and Refunds Policy, regardless of whether or not the User actually uses the Site or the Services or attends an Event. Users are responsible for paying all applicable taxes for the Services and any other costs incurred in connection with the use of or access to the Site or attendance at Events.
User Conduct
You agree not to use the Service or the Site to:
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harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
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use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
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upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
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upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another;
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upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
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use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site; or
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upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Service Mobile Services
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to Service via your mobile phone and (ii) the ability to access certain Service features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). Your carrier's normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Service and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Service account information to ensure that your messages are not sent to the person that acquires your old number.
Press, Camera's & Photos
Occasionally, various press or media may cover or attend a NDC event. Although not a regular occurrence, cameras may be present at Our events. We will use our best efforts to communicate and ensure that those Participants who do not wish to be on film are not photographed, although NDC makes no representations or guarantees whatsoever regarding whether a Participant is or is not actually photographed. Further, User agrees and understands that by attending one of Our events, he or she may be filmed or recorded and he or she will receive no compensation whatsoever for this.
Errors & Omissions
NDC is not responsible nor liable for errors or omissions of any kind including any misinterpretation, error or omission of User's Match Sheet results. Furthermore, User agrees to indemnify and hold harmless NDC, Its officers, directors, shareholders, consultants, Event Coordinators (as defined within the NDC.com Web site), agents, employees, partners, affiliates, licensees and subsidiaries from any and all losses, claims, damages, expenses (including reasonable fees, disbursements, and other charges of Counsel), actions, proceedings, liabilities or investigations (whether formal or informal), or threats thereof, based upon, relating to, or arising in connection with Your attendance at any of Our events, any and all of the services that NDC provides or claims to provide, as well as communications or meetings that You arrange on Your own volition and on Your own time with others who have participated in a NDC event. Further, You agree not to initiate any claim whatever against NDC as a result of any of Our social gatherings or dating activities and You affirm that You take sole and complete responsibility for any and all actions that might occur during any meeting, communication or date.
Right to Exclude (At Will!)
NDC is an AT WILL company, and therefore reserves the right to reject guests registration to any event for any reason whatsoever, or if registration has been effectuated, refund User's registration fee if registration has been effectuated, refund User's registration fee in full and prevent these persons from participating in any NDC event.
Non-Solicitation
User agrees to not solicit, advertise or market any products or services whatever to any participant of any NDC event during an event, WITHOUT the company's consent.
Non-Compete
User acknowledges that if he or she works for, is contracted by, or plans to work for or be contracted by any similarly competing service, user will not be able to attend any NDC event without the express permission of NDC prior to registering.
Cancellation Policy
User affirms that You have read and understand NDC’s Cancellation Policy.
Intellectual Property
NDC owns and retains all proprietary rights in all services offered by NDC including any and all content on the NDC Web site and paper materials provided at NDC events.
Comments, Complaints & Praise
If You have a comment, complaint of any kind or success story (praise!), You may inform Us of said comment, complaint or praise via email at networkdateconnectint@gmail.com
Success Stories & Testimonials
We appreciate our guest’s willingness to share their stories. If You provide us with a testimonial or success story, we may use it on Our web site and in Our marketing materials without compensation to You.
Disclaimers
The Company is not a matchmaking service, nor does it have the capability to screen and/or perform background checks on individuals registering to become members and/or attend Events. Personal information such as age, marital status, height, income, employment, etc. are not verified by the Company, it is therefore up to you to assess and confirm individuals background information to your own comfort level. All attendees at Events understand and agree that the Company provides an effective way to meet many new people in a short amount of time. The Company does not guarantee that any attendees will successfully hit it off resulting in a "match". Futhermore, the Company does not guarantee that any "match" between participants will result in a date or long-term relationship.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's use of the Site or the Service or attendance at Events.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES) AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and platform applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ATTENDANCE AT EVENTS, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'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 COMPANY FOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE OR ATTENDANCE AT AN EVENT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you provide through the Site or at an Event, your use of the Service or the Site or attendance at an Event, your conduct in connection with the Service or the Site or at an Event or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Promotional Materials
You must have permission by the Company to use your name, image, likeness, photograph, or any other record of my participation in the Service for any promotional purposes without compensation, reservation, or limitation.
Miscellaneous
This document contains the entire final agreement of the parties and it supersedes all prior or contemporaneous agreements, representations, or understandings. This Agreement shall be governed by the laws of the State of Minnesota, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Minnesota. You understand that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Minnesota. In the event that any term of this Agreement is held to be invalid, illegal, or unenforceable in any respect, that holding shall not affect the validity, legality, and enforceability of any other term. You understand that this agreement may not be waived or modified in whole or in part except by written consent of the Company. A waiver of one term shall not be construed either as a continuing waiver or waiver of any other term.
These Terms of Use are effective as of October 11, 2016.
