Online Dating Assistant - TERMS OF USE AGREEMENT

USE OF WEBSITE AND SERVICES
BY THE USE OF THIS WEBSITE AND SERVICES, THE USER HEREBY ACKNOWLEDGES AND AGREES:
1. The User's account is for their own personal use and will not authorize any other party to use the account.
2. The User is solely responsible for and assumes all liability associated with the following:
a) the information submitted by the User to Online Dating Assistant;
b) the information Online Dating Assistant posts, transmits, publishes and makes available through its Services; and
c) Online Dating Assistant's interaction and conduct with potential matches.
3. The User assumes all risk when using the Website and Services of Online Dating Assistant and any and all risks associated with online or offline interactions with potential matches or others, including dating. Online Dating Assistant is unable to guarantee the accuracy of any information provided to the User by or about potential matches. The User agrees to take all necessary steps and precautions when communicating with or meeting potential matches.
4. The User hereby authorizes and agrees to permit Online Dating Assistant to communicate with potential matches on behalf of the User and the User hereby agrees to release Online Dating Assistant and any of its affiliates, directors, officers, shareholders, successors or assigns, from any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every kind and nature, whether now known or not known, which the User ever had or now has, with respect to the User's authorization of Online Dating Assistant communicating with potential matches on behalf of the User. This release and discharge includes, but is not limited to, claims arising under federal, state, municipal or local statutory common law. The User hereby acknowledges and agrees that nothing contained herein shall be deemed constitute an admission or evidence of any wrongdoing or liability on the part of Online Dating Assistant.
5. Online Dating Assistant will only commence preliminary communications with potential matches that Online Dating Assistant, in its sole discretion, deems to meet the match criteria provided by the User to Online Dating Assistant.
6. The User hereby further agrees to assume all liability and risks associated in the communications with the potential matches once Online Dating Assistant has obtained confirmation from the potential match(es) that they wish to initiate offline communications including but not limited to email, telephone or instant messaging with the User. Any information relayed to a potential match(es) by Online Dating Assistant will be information which was previously provided to Online Dating Assistant by the User.
7. Postings on Online Dating Assistant's blog page are for information purposes only. Any comments the User may or will post on Online Dating Assistant's blog page will not contain any of the following:
a) any comments that promote racism, bigotry, hatred or physical harm of any kind against any group or individual(s);
b) defamatory, abusive, obscene, profane, sexually explicit language;
c) any promotion of illegal or unlawful activities;
d) disclosure of any third parties' personal information;
e) any impersonating of any third party or entity; or
f) solicitation of any personal information about any person under the age of eighteen (18) years of age (or the age of majority in the appropriate jurisdiction).
8. The User will not engage in any form of stalking, harassment or offensive behaviour.
9. The User will not use the Website or Services to infringe the privacy rights, property rights or any other rights of any third person.
10. The User will not represent themselves as being sponsored by, endorsed by or affiliated with Online Dating Assistant.

INTERNATIONAL USE
Online Dating Assistant makes no representations or warranties that the Website or the Services will be appropriate or available in all locations outside of the United States and any access of the Online Dating Assistant Website or Services in jurisdictions where such access would be illegal is prohibited. Any person or persons who access the Online Dating Assistant Website or Services in any jurisdiction outside of the United States does so at his or her own risk and assumes all responsibility for compliance and all risks associated with noncompliance. This provision shall survive the termination of this Agreement.

TERMINATION OF AGREEMENT
This Agreement may be terminated by the User at any time, by discontinuing the use of the Services. This Agreement may be terminated by Online Dating Assistant automatically upon any violation of this Agreement, with or without prior notice to the User, at Online Dating Assistant's sole discretion.

TERMINATION OF ACCESS TO WEBSITE AND SERVICES
Online Dating Assistant may, in its sole discretion, terminate or suspend the User's access to all or part of the Website or Services at any given time, with or without notice, for any reason, including without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive or otherwise illegal activity that may affect the enjoyment of the Website or Services or the Internet by any other persons, may be grounds for termination of the User's access to all or part of the Website or Services at Online Dating Assistant's sole discretion and the User may be referred to the appropriate law enforcement agency in the applicable jurisdiction.

PRIVACY AND USE OF INFORMATION

BY THE USE OF THE WEBSITE AND SERVICES, THE USER HEREBY ACKNOWLEDGES AND AGREES THAT:
1. Online Dating Assistant cannot ensure the security and privacy of information provided to it through the Internet, email messages or instant messaging and the User hereby releases Online Dating Assistant, from any and all liability arising in connection with the use of such information by any third parties.
2. Online Dating Assistant is not responsible and cannot control the use of information provided by a User to a third party, and will not be held liable for same.
3. The User may not use the Website or Services for any unlawful purpose. Should the User use the Website and Services for any unlawful purpose, Online Dating Assistant will relay all information to law enforcement services in the appropriate jurisdiction. Online Dating Assistant will refuse to register a User, should that User be impersonating another party or is protected by trademark or copyright law.
4. Online Dating Assistant does not and will not disclose any personal information of a User that a User does not wish to be disclosed to any third party by Online Dating Assistant.
5. The User acknowledges and agrees to Online Dating Assistant disclosing any information the User provides if required or permitted to do so by law, at the request of a third party, or if Online Dating Assistant, in its sole discretion believes that such disclosure is reasonable to comply with the law, requests or orders from law enforcement or any legal process, protect or defend Online Dating Assistant's or a third party's right or to protect someone's life, health or safety, at such point when harm or violence against any person including the User is threatened.
6. Notwithstanding any other provision or condition contained herein or Online Dating Assistant's Privacy Policy contained on the Website, Online Dating Assistant reserves the right, to disclose any or all information that is submitted by a User to Online Dating Assistant. Should Online Dating Assistant believe or has reason to believe that the information involves a party who may be a victim of abuse in any form. Abuse is hereinafter defined as spousal abuse, elder abuse, child abuse or domestic violence. The User hereby acknowledges and agrees to hold and save harmless Online Dating Assistant from any and all claims or third party claims that may arise. Online Dating Assistant may, at its sole discretion, disclose information to authorities that Online Dating Assistant deems to be appropriate to handle such disclosure. The User hereby acknowledges and agrees that Online Dating Assistant is permitted to make such a disclosure.
7. The User hereby acknowledges and agrees that Online Dating Assistant may and can use anonymized information from the User in respect of the User's experiences through use of the Website and Services for relationship research purposes.
8. Any advice or opinions or statements made available through the Website or Services, are those of the author and should not be necessarily relied upon.

COPYRIGHT POLICY
The Website and Services contains information which is proprietary to Online Dating Assistant, its subsidiaries, affiliates, officers, agents, employees and other partners. Online Dating Assistant asserts full copyright protection in the Website and Services. Information posted by Online Dating Assistant, its subsidiaries, affiliates, officers, agents, employees and other partners may be protected whether or not it is identified as proprietary to Online Dating Assistant, its subsidiaries, affiliates, officers, agents, employees and other partners. The User will not post, distribute or reproduce in any way, any copyrighted material, trademarks or other information without obtaining the prior written consent of the owner of such copyrighted material, trademarks or other information unless the information is in the public domain for which the User has been granted permission. The User represents and warrants to Online Dating Assistant that any information provided by the User to Online Dating Assistant is not copyrighted material and the User hereby grants Online Dating Assistant and its subsidiaries, affiliates, officers, agents, employees and other partners to display and distribute such information and content.

RESPONSIBILITY
The User hereby acknowledges that Online Dating Assistant is not responsible for suspension of the Website or Services, regardless of the cause.

EXTERNAL LINKS
The Website or Services may provide links to other websites or resources. Online Dating Assistant has no control over such websites and resources, and the User acknowledges and agrees that Online Dating Assistant is not responsible for the availability of such external websites or resources and does not endorse or is responsible for any liable content contained therein and will not be held liable for any damages or losses suffered by the User in connection with the use of or reliance on such websites and resources.

PAYMENT FOR SERVICES
THE USER HEREBY ACKNOWLEDGES AND AGREES TO:
1. Pay forthwith to Online Dating Assistant within thirty (30) days, any and all amounts due, in U.S. Dollars, for services rendered upon the User's receipt of an electronic or paper invoice for Services rendered by way of certified cheque, bank draft, money order or PayPal account.
2. Any and all past-due amounts owing to Online Dating Assistant will bear interest subject to the terms and conditions of the Payment Agreement.
3. The User agrees to pay to Online Dating Assistant a retainer fee (the "Retainer") in the amount and on the terms and conditions set out in the Payment Agreement and only after the User has completed the preliminary questionnaire and interview with an agent of Online Dating Assistant and upon the User's acceptance by Online Dating Assistant.
4. The User hereby acknowledges and agrees that Online Dating Assistant, in its sole discretion, has the right to refuse to provide Services to a User, should Online Dating Assistant feel that the User's expectations of the Services to be provided are unrealistic or that the User will not benefit or gain from the Services Online Dating Assistant provides.
5. Upon acceptance of a User by Online Dating Assistant, the User hereby agrees to pay forthwith to Online Dating Assistant any and all amounts due based on Online Dating Assistant's hourly rate as set out in the Payment Agreement.
6. The amount of payments that are due or will become due to Online Dating Assistant, will be set out in the terms and conditions of the Payment Agreement entered into between the User and Online Dating Assistant and will be subject to amendments and alterations as agreed to by the User and Online Dating Assistant.
7. Except as otherwise agreed, the User will reimburse Online Dating Assistant for its reasonable out-of-pocket expenses incurred for collection of any unpaid amounts owing to Online Dating Assistant and expenses incurred in performing its obligations under this Agreement.
8. Should payment(s) not be received by Online Dating Assistant from the User within the time frame prescribed above, Online Dating Assistant will discontinue any all Services to the User either temporarily or permanently.
9. Online Dating Assistant will not share any of the User's financial information with any third parties, except as necessary to process the User's payment. By providing your credit card details to us, you consent to and authorize us to provide your credit card details to such credit card processors and financial institutions as are necessary to process your payment.
10. Pro-rated reimbursements will be paid by Online Dating Assistant to the User in accordance with the terms and provisions of the Payment Agreement.

INDEMNITY BY USER
The User hereby acknowledges and agrees to indemnify and hold Online Dating Assistant, its subsidiaries, affiliates, officers, agents, employees and other partners harmless from any losses, liabilities, claims, demands, costs, expenses, including reasonable attorneys' fees, arising out of the User's use of the Website or Services, including but not limited to any breach by the User of the terms and conditions of this Agreement set forth above.

LIMITATIONS ON LIABILITY
In no event shall Online Dating Assistant be liable to the User for any incidental, consequential or indirect damages, including but not limited to loss of data, loss of programs or loss of profits arising out of the use or inability to use the Website and Services, even should Online Dating Assistant or its subsidiaries, affiliates, officers, agents, employees and other partners been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Online Dating Assistant's liability to the User for any such cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid by the User, if any, to Online Dating Assistant for the Services provided. Online Dating Assistant disclaims all liability, regardless of the form of action, for the acts and/or omissions of other Users including, but not limited to, unauthorized Users or "hackers" of the Website.

MISCELLANEOUS PROVISIONS
This Agreement represents the entire agreement between the User and Online Dating Assistant regarding the use of the Website and Services and supersedes any other agreement or understanding on the relevant subject matter. The User's rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the appropriate jurisdiction.
In addition, the User and Online Dating Assistant further agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Website or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of the User or Online Dating Assistant to exercise in any respect any such right provided for herein shall not be deemed as a waiver of any further rights hereunder. Should any provision of this Agreement be found to be unenforceable or invalid, that provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not transferrable without the prior written consent of Online Dating Assistant. We reserve the right to refuse service for any reason at any given time.