TERMS OF SERVICE AND CONFIDENTIALITY AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of Use, please do not visit or use this site. The CoupleWise.com Web Site (“CoupleWise.com Site” or the “Site”) is provided by Relationship 2.0, Inc., a Delaware corporation, with offices at 10 Indian Rock Lane #2, Greenwich, CT 06830 (“R2.0” or the “Company”) and the Company may revise and update these Terms and Conditions at any time. Your continued usage of the CoupleWise.com Site will mean you accept those changes. This Entire Agreement survives the expiration or termination of this Agreement for any reason whatsoever.
- User Submissions & Privacy
The personal information you submit on the Site when creating an account is governed by the Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Your User account is for your personal use only. You may not authorize others to use your account. You may not assign or transfer your account to any other person or entity. You acknowledge that R2.0 and the CoupleWise.com Site are not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords. There are many opportunities for you to contribute Content to the Site. CoupleWise.com and its provider, Relationship 2.0, Inc. is not liable or responsible for any Content provided by its users or other third parties to the site (“User content”). The contributions of third parties do not necessarily represent the view or opinions of CoupleWise.com or Relationship 2.0, Inc. R2.0 and its licensors are not responsible for the consequences of any communications on the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
CoupleWise.com and its provider, Relationship 2.0, Inc., cannot preview all User content before it appears. Users can be held liable for any illegal or prohibited User content they provide to the site, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the site, please notify us at EMAIL@CoupleWise.com. We will investigate your claim and take appropriate action. If you post any original content to the site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting it to the site, you authorize us to use or allow others to distribute, reproduce or otherwise use the Content. By submitting communications or content to the Site or to Relationship 2.0, Inc. directly by mail or email, you agree that such submission is non-confidential for all purposes.
CoupleWise.com and its provider, Relationship 2.0, Inc. are not liable for any lost data resulting from the operation of our site and/or the enforcement of the Terms. By posting or submitting Content to the Site, you automatically grant-or warrant that the owner of Content or intellectual property you submit, has expressly granted CoupleWise.com and Relationship 2.0, Inc. a royalty-free, perpetual, fully paid, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. R2.0 may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any Content, information, solution, or advice private or proprietary, do not submit them to the Site or to Relationship 2.0, Inc. by mail or email.
In consideration of using the Site, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
(a) Using any area of the CoupleWise.com Site for any purpose in violation of local, state, national, or international laws;
(b) Submitting or posting Content or material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
(c) Submitting or posting Content or material that is unlawful, obscene, inaccurate, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing, profane, offensive, sexually oriented, obscene or otherwise objectionable to any other person or entity as determined by R2.0 in its sole discretion;
(d) Submitting or posting Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) Submitting or posting Content that 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);
(f) Submitting or posting Content that is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site;
(g) Posting advertisements or solicitations of business;
(h) Submitting or posting Content or material that is not related to the topic being discussed;
(i) Submitting or posting Content or material that is related to chain letters or pyramid schemes;
(j) Impersonating another person;
(k) Distributing viruses or other harmful computer code;
(l) Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
(m) Submitting or posting Content that promotes or enables illegal or unlawful activities
(n) Allowing any other person or entity to use your identification for posting or viewing comments;
(o) Submitting or posting Content that promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
(p) Submitting or posting Content that disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
(q) Collecting or soliciting personal information about anyone under 18;
(r) Posting the same Content or material more than once o “spamming”; or
(s) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the CoupleWise.com Site, or which, in the judgment of R2.0, exposes R2.0 or any of its customers or suppliers to any liability or detriment of any type.
R2.0 reserves the right (but is not obligated) to do any or all of the following: (a) Record the dialogue or Content submitted or posted to the Site. (b) Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s). (c) Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions. (d) Terminate a user’s access to any or all areas of the Site upon any breach of these Terms and Conditions. (e) Monitor, edit, delete or disclose any communication submitted or posted to the Site. R2.0 or its licensors have no liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.
- This Site Does Not Provide Medical, Legal or Professional Advice
The contents of the CoupleWise.com Site such as text, graphics, images, information, and other material contained on the CoupleWise.com Site (“Content”) are for informational purposes only. The Content does not constitute medical, legal, therapeutic or other professional advice. The Content is not intended to be a substitute for medical, psychiatric or psychological advice, diagnosis or treatment. Always seek the advice of your physician or qualified health provider or with any questions you may have regarding a medical, psychiatric or psychological condition.
The CoupleWise.com Web Site is not intended to be a substitute for legal advice. The CoupleWise.com Web Site is not in the business of practicing law and no Content on the CoupleWise.com Web Site is meant as legal advice. If you have legal questions, seek the advice of a licensed attorney about legal questions or concerns. Never disregard professional advice or delay in seeking it because of something you have read on the CoupleWise.com Site. Any postings, suggestions, solutions or other Content appearing on the CoupleWise.com Site makes NO guarantees.
All Contentis for entertainment and informational purposes only. There is no guarantee the Content posted will help you. The CoupleWise.com Site does not recommend or endorse any specific advice, conclusions, recommendations, solutions, products, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by CoupleWise.com, CoupleWise.com employees, Relationship 2.0, Inc. employees, Users appearing on the Web Site or other visitors to the Site is solely at your own risk. The Web Site may contain situations or advice that is sexually explicit. If you find these materials offensive, you may not want to use the CoupleWise.com Site.
- Age Eligibility
You must be at least 13 years old to use the Site (or the age of majority in your jurisdiction, if it is older), and at least 18 years old to offer solutions, advice and to receive/offer a Reward. By posting solutions, advice or any Content in response to another User(s) posting(s) you represent and warrant that you are at least 18 years old. If you offer or receive any Award, you represent and warrant that you are at least 18 years old.
- Liability of Relationship 2.0, Inc., (“R2.0”) the CoupleWise.com Site and its Licensors
The use of the Site and the Content is at your own risk. When using the CoupleWise.com Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of R2.0 and its suppliers. Accordingly, neither R2.0 nor the CoupleWise.com Site assumes liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. The Site and the content are provided on an “as is” basis. R2.0, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, R2.0, its licensors, and its suppliers make no representations or warranties about the following:
(a) The accuracy, reliability, completeness, current-ness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
(b) The usefulness of the products or services posted, displayed and advertised on the website.
In no event shall R2.0, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, emotional distress, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not R2.0, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. R2.0, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
- Indemnification
You agree to indemnify, defend and hold harmless the CoupleWise.com Site, R2.0, 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 (a) your use of or inability to use the Site or Services, (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. The CoupleWise.com site and R2.0 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 R2.0 in asserting any available defenses.
- Geographic Limitations
The Site is intended for use in the United States. You will only use the Site in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Site are void where prohibited. To the extent that the Site is not legal in your jurisdiction, you may not use the Site. The Site may not be used where prohibited by law.
- Rewards
Your interactions with organizations, individuals or Users found on or through the CoupleWise.com Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals or Users. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. CoupleWise.com and its provider, Relationship 2.0, Inc. does not guarantee fulfillment of a win-win solution reward offered by an organization, individual, or User. You agree that the CoupleWise.com Site and its provider, R2.0 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or win-win solution award.
You agree that both the CoupleWise.com Site and R2.0 are not responsible for any failure, partial or full, of the organizations, individuals or Users offering the reward in fulfilling their part of the transaction. If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that both the CoupleWise.com Site and R2.0 is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release both the CoupleWise.com Site and R2.0, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
- Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your CoupleWise.com Site passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your CoupleWise.com Site account and password; (3) promptly inform R2.0 of any need to deactivate a password. You grant R2.0 and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the CoupleWise.com Site.
R2.0 cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the CoupleWise.com Site.
- Advertisements, searches, and links to other sites
The CoupleWise.com Site may provide links to third-party web sites. The Site and R2.0 does not recommend and does not endorse the content on any third-party websites. The Site and R2.0 is not responsible for the content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Site and R2.0 does not endorse any product, service, or treatment advertised on the Site.
- Jurisdiction
You agree that Connecticut law (without giving effect to its conflicts of law principles) will govern this Agreement and the Site and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Fairfield County District of Connecticut? You acknowledge and agree that any violation of this Agreement may cause R2.0 irreparable harm, and therefore agree that R2.0 will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that R2.0 may have for a breach of this Agreement.
