USER AGREEMENT AND CODE OF CONDUCT
This User Agreement and Code of Conduct (the “Agreement’) constitutes your agreement with Cassie B Consulting LLC DBA Contagious Connections. (“we” or “Contagious Connections“) with respect to your use of the service (the “Service”) now or in the future assessable through the Contagious Connections website (the “Website”) and, to the extent applicable, also governs your participation in Contagious Connections sponsored events (the “Events”). You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service, Website or participate in any Events. Your right to use the Service and Website, and participate in any Events, is subject to this Agreement, as may be altered by Contagious Connections, in its sole discretion, from time to time.
The Website, Service and Events are intended for adults only. You represent and warrant that you are at least 18 years old to use the Website and Services and are at least 21 years of age to register for the Contagious Connections Events.
Attendees at a Contagious Connections Event and users of the Website and Service authorize Contagious Connections to use any comments, statements or testimonials made by such member in connection with marketing, promotion and advertising of Contagious Connections services and events, or for editorial purposes. Provided however, Contagious Connections will not use a member’s name, photograph or any other personally identifiable information without written consent. You are not entitled to any compensation in connection with Contagious Connections use and exploitation of any such materials.
Disclaimer Of Warranties / No Guarantees
- a) You acknowledge that Contagious Connections has made no representations about the effectiveness, safety or security of the Service, Website or Events and you agree Contagious Connections has no liability to you or any third party arising out of your use or the use of the Service and/or Website or participation in any Event.
- b) Contagious Connections cannot guarantee, and assumes no responsibility for verifying, the accuracy of the information provided by you or other users of the Service or participants in Events. You assume all risk that the data and/or images contained in any user’s profile, email or otherwise made available to you, may be out of date, misleading or fraudulent, including but not limited to such user’s age or marital status. You agree Contagious Connections has no liability to you, your successors, heirs or assigns for any such incorrect, fraudulent, misleading or out of date or other information or messages you receive or access through the Service and/or Website and/or at Events.
- Contagious Connections does not assume any responsibility for and you hereby release Contagious Connections from any liability for the content of messages sent by others through the Service or Website and for any information posted by others on the Service or Website, and you release Contagious Connections from any and all liability in connection with the contents of any communications you may receive from others in connection with your use of the Service and/or Website. Contagious Connections also is not responsible for, and cannot control, the use of the Service and/or Website by anyone and their use of any information, which you may provide to them. You acknowledge that it is your duty to exercise caution in selecting the personal information you provide through the Service and/or Website. You hereby release Contagious Connections from any and all liability arising from anyone’s use of information you have provided to or through the Service and/or Website or at Events.
- You understand that Contagious Connections makes no guarantees, either express or implied, regarding your personal development and creating community with individuals you meet through the Website, Service or Events.
- THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CONTAGIOUS CONNECTIONS GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE, WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN) OR EVENTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CONTAGIOUS CONNECTIONS DOES NOT WARRANT THAT YOUR USE OF THE SERVICE AND WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. CONTAGIOUS CONNECTIONS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES AND WEBSITE.
Limitation Of Liability/Assumptions Of Risk
- IN NO EVENT WILL CONTAGIOUS CONNECTIONS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF CONTAGIOUS CONNECTIONS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CONTAGIOUS CONNECTIONS AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, THE WEBSITE OR PARTICIPATION IN EVENTS, EXCEED THE PRICE PAID BY YOU, OR, IF YOU HAVE NOT PAID CONTAGIOUS CONNECTIONS FOR THE USE OF ANY SERVICES, THE WEBSITE OR PARTICIPATION IN ANY EVENTS, THE AMOUNT OF US $100.00.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS THROUGH THE WEBSITE AND PARTICIPANTS AT EVENTS. YOU UNDERSTAND THAT CONTAGIOUS CONNECTIONS DOES NOT IN ANY WAY SCREEN OR INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR EVENT PARTICIPANTS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS OR EVENT PARTICIPANTS. CONTAGIOUS CONNECTIONS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR EVENT PARTICIPANTS OR THEIR COMPATIBILITY WITH YOU. IN NO EVENT WILL CONTAGIOUS CONNECTIONS 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 SERVICE, WEBSITE OR PARTICIPATION IN EVENTS, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER PERSONS OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
- You agree to indemnify, defend and hold harmless Contagious Connections, its owners, officers, directors, employees, agents, representatives, affiliates, successors and assigns, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) except to the extent resulting solely from the gross negligence or intentional misconduct of Contagious Connections, your use of, or inability to use, the Service, Website or participation in any Event, (b) any user postings made by you, (c) 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. Contagious Connections 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 Contagious Connections in asserting any available defenses.
- You assume all risk when using the Service and Website, including but not limited to all of the risks associated with any online or offline interactions with others, including dating.
Monitor And Removal Of Information
- We reserve the right to monitor all messages and chats that take place through the Service or Website; provided, however, that we assume no duty to, and you agree Contagious Connections has no responsibility to do any such monitoring. We are not responsible for any offensive or obscene materials that may be transmitted or posted by anyone (including authorized and unauthorized users, as well as the possibility of “hackers”). We are also not responsible for the use of any personal information that a user may choose to post on the Website.
- While we do not and cannot review every message, photo, text or other material (collectively, “Materials”) posted or sent by you using the Service or Website, and are not responsible for any content of these Materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set herein or the terms of this Agreement, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service and/or the Website or users of the Service and/or the Website.
- a) You acknowledge and agree that Contagious Connections is the sole owner of all proprietary and intellectual property rights, whether statutory or arising out of common or natural law, relating to and/or embodied in this Website, the Service or the Events (the “Intellectual Property”). You further acknowledge and agree that any and all attempts to reverse engineer, pirate, create a derivative work or in anyway alter the Website (collectively “Forbidden Actions”) are a violation of this Agreement which will result in the immediate termination of your membership and access to Contagious Connections, the Website and the Services. You additionally acknowledge that any materials resulting from Forbidden Actions undertaken by you, or undertaken as a result of your membership or use of the Service, are the absolute and sole property of Contagious Connections and that you will be liable to Contagious Connections for any and all profits or profit losses deriving from such Forbidden Actions. You further acknowledge that you are liable for such conduct even when resulting from “hacking” or other unauthorized use of your computer, system or network by third parties.
- c) Contagious Connections Intellectual Property includes, but is not limited to, copyright to this Website, the design and appearance of this site, and all of the materials and content on this Website, including without limitation, all text, graphics, drawings, images, charts, pictures, maps, photographs, images, line art, icons, renditions, questionnaires and other materials contained on this Website, used in connection with the Service or Events. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of any such material without written permission is expressly prohibited. 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) Intellectual Property or (ii) other copyrighted material, trademarks or other proprietary information accessible via the Service, Website or Events without first obtaining the prior written consent of the owner of such proprietary rights.
The Service and/or the Website may from time to time contain links to other sites and resources. You acknowledge and agree that Contagious Connections is not responsible for, and has no liability as a result of, the availability of such links or the contents of such links. These links are provided to you only as a convenience, and the inclusion of any link does not imply that Contagious Connections endorses or accepts any responsibility for the content on such third-party website.
We may modify this Agreement, the Services or Website from time to time. Notification of changes in this Agreement will be posted on the Website. Contagious Connections assumes no responsibility to email you or otherwise contact you regarding any such changes. You agree to assume the duty to check Contagious Connections webpage for any such updates or changes to this Agreement. If you do not agree to any modifications, you must immediately terminate your use of the Service and the Website. Your continued use of the Service and/or the Website now, or following the posting of notice of any changes in or updates to this Agreement, will constitute a binding acceptance by you of this Agreement, and/or any subsequent modifications.
We may alter, suspend or discontinue any aspect of or the availability of the Events, Service and/or Website feature, database or content, at any times. We may also impose limits on certain features and aspects of the Service and/or the Website or restrict your access to parts or all of the Service or Events without notice or liability.
You acknowledge and agree that Contagious Connections may disclose information you provide if 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 Contagious Connections, or a third party’s, rights or property; or (3) protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened. Notwithstanding any other provision of this Agreement, Contagious Connections reserves the right, but has no obligation, to disclose any information that you submit, if in its sole opinion, Contagious Connections suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Contagious Connections, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that Contagious Connections is permitted to make such disclosure.
Either you or Contagious Connections may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Contagious Connections reserves the right to immediately suspend or terminate your access to the Service and the Website, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Service and the Website and any other records at any time at our sole discretion.
Jurisdiction And Choice Of Law
If there is any dispute arising out of the Website and/or the Service and/or your participation in an Event, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Minnesota, Hennepin County, for the resolution of any such dispute.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect. This Agreement represents the entire agreement between you and Contagious Connections regarding your use of the Service and the Website and supersedes all other agreements, whether oral or written, regarding such use. The Services and Website may not be used where prohibited by law.
Code Of Conduct
You agree to use the Contagious Connections Website and Service in accordance with, and your participation in Events is subject to, the following Code of Conduct:
- a) You are solely responsible for any information that you display when using the Service or the Website, send to other members or disclose to others. You agree that all such information provided by you shall be truthful and lawful.
- b) You will not use the Service or the Website or Events to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings, which contain sexually explicit conduct, libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language.
- c) You will not use the Service or the Website or your participation in Events to infringe the privacy rights, property rights, or civil rights of any person.
- d) You will not post messages, pictures or recordings or use the Service and/or the Website in any way which:
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary right(s);
- is fraudulent, violates any law or is otherwise unlawful; or
iii. is offensive.
- e) You will not use the Service or Website or your participation in Events to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
- f) You may not use the Service and/or Website or your participation in Events for any unlawful purpose.
- g) You acknowledge that Contagious Connections may refuse to grant you a user name that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
(h) Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service and the Website by users using your password, including but not limited to use of your password by any third party. If you have reason to suspect a third party may have knowledge of your password, it is your responsibility to change your password and inform Contagious Connections You hereby agree that you will be solely responsible for any conduct arising from such third party’s use of your account.
(i) You will not provide inaccurate, misleading or false information to Contagious Connections or to any other user or participant in Events. If information provided to Contagious Connections or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Contagious Connections of such change.
By registering for an Event, or using the Service or this Website in any way, you agree to by bound by this User Agreement and code of Conduct. This Agreement sets out the legally binding terms for your use of the Service, Website and participation in all Contagious Connections Events. If you do not agree to these terms, please do not use our Service.