Legal Disclaimer

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SEXUAL FREQUENCY APPLICATION Legal Disclaimer

By using the SEXUAL FREQUENCY, software, mobile applications, or other electronic or web-based services (collectively referred to as the “Service”), you agree to the following terms and conditions. Your continued access or use of the Service shall be deemed your acceptance of this Legal Disclaimer.

 

GENERAL DISCLAIMER

  1. Your use of, and reliance on any advice or information obtained from or through the Site is at your OWN SOLE RISK. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM arising out of your use of the APP, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
  2. The Sexual Frequency App offers a way for people to schedule sexual appointments. The content is not intended to provide any legal advice, nor any medical advice. We advise to always seek the advice of your lawyer, physician or other qualified professional with any questions you may have regarding a legal issue, or medical conditions.
  3. Anything that may or may not occur as a result of using our App, is a matter of personal choice and personal preferences between two or more consenting adults of legal age, that is not contracted for, nor is it requested to be contracted for in any manner.

 

USER ACKNOWLEDGEMENTS

In connection with your use of the SEXUAL FREQUENCY Application, you agree and acknowledge;

  • That you are 18 years of age, and the age of majority and legal consent in the jurisdiction in which you live or reside;
  • That you are solely responsible for any reminder and information sent to other users on the platform;
  • That we are not responsible for the misuse of any sex toys, sex games and positions suggested to you to better use the service.
  • That the SEXUAL FREQUENCY Application is not a platform that renders any medical advice in any form and you further agree to consult your doctor before using any sex toys or trying strenuous sexual positions.
  • That we are not responsible for the person you choose to have a sexual relationship with. And that the SEXUAL FREQUENCY app is only a reminder to those who choose to use it to keep track of their sexual relations for the purpose of sexual wellness.

 

MEDICAL DISCLAIMER

SEXUAL FREQUENCY App provides online sexual wellbeing content, but is not a healthcare provider, does not replace treatment and should not be considered medical advice. SEXUAL FREQUENCY App makes no claims, representations or guarantees that the Services provide a therapeutic benefit. Any advice or other materials in the Services are intended for general information purposes only; they are not intended to be relied upon and are not a substitute for professional medical advice or treatment based on your individual condition and circumstances.

The User assumes full responsibility for his/her own decisions and actions, thus SEXUAL FREQUENCY App is not liable or responsible for any consequences of you having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the Content of our Services.

 

MEMBER INTERACTIONS AND DISPUTES.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE AND SERVICES. You understand and agree that we have no obligation to screen our users or members; inquire into the backgrounds or our users or members; or attempt to verify the statements of our users or members. We make NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS or their compatibility with any current or future users or members. If you find other users or members information to be offensive, harmful, inaccurate and/or deceptive, you may use the “Report Abuse” page provided on the App. We reserve the right, but have no obligation, to monitor disputes between you and other users or members or to terminate or block you and other users or members for violations of these terms or our Terms and Conditions. Please use caution, common sense, and safety when using the services to interact with other users and members. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these Terms.

(b)          In the event that you have any type of dispute with one or more other users or members, you hereby release us, our officers, directors, shareholders, employees, parents, affiliates, subsidiaries, agents, representatives, suppliers, successors, assigns, or licensors from any and all claims, demands, damages (actual, consequential, and punitive), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute(s).

 

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances shall we, our officers, directors, shareholders, employees, parents, affiliates, subsidiaries, agents, representatives, suppliers, successors, assigns, or licensors be liable to you or any other third party, for any injury, loss, claim, damages, or otherwise, under any theory of liability whatsoever, including but not limited to in contract or tort (including product liability, strict liability, and negligence), resulting from the use or misuse of the Sexual Frequency App, for any indirect, special, incidental, consequential, exemplary or punitive damages of any type or nature whatsoever, including but not limited to, damages for:

  1. a) Loss of good will, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations or costs or procurement of substitute goods or services, or any and all other commercial damages arising in connection with any use of the App or in connection with these Terms of the Installation, uninstallation, use of or inability to use the App under any theory of liability, including but not limited to contract or tort (including product liability, strict liability, and negligence), and whether or not we were or should have been aware or advised of the possibility of such damage and notwithstanding the failure or essential purpose of any limited remedy stated herein.
  2. b) Emotional distress or any other type of damages resulting, whether indirectly or directly, from you finding other user’s or member’s content to be offensive, defamatory, harmful, obscene, inaccurate, deceptive, or illegal, and that the risk of harm or damage from the foregoing rests entirely with you. Your sole and exclusive remedy for any other above claims or for disputes is to discontinue your use of the App.
  3. c) The actions or inactions of any members or users, whether illegal, criminal in nature, or otherwise, including but not limited to, sexual misconduct, sexual assault, sexual abuse, physical abuse, rape, infidelity, harassment, consent or lack thereof, fraud, fraudulent misrepresentation, pregnancy, personal injury, or even death.
  4. d) Use or misuse of any sex toys, sex games, and positions suggested to you, including but not limited to any physical reaction, personal injury, or death resulting from use of a product(s) that may have been purchased through the use of the App.
  5. e) Any representation or warranties provided by any manufacturer directly. On the site, we may display names, marks, products advertisements or services of third parties, or links to third party sites. In no event will we be liable, directly or indirectly, to anyone for any damages or loss arising from or relating to any use, continued use or reliance on any advertisements displayed on the site, any products, services, or other materials relating to any such advertisement, any linked third-party site, or any link contained in a linked site. If you decide to link any such third-party sites, you do so entirely at your own risk.

 

Notwithstanding anything contained herein to the contrary, if any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability under such circumstances for liabilities that otherwise would have been limited shall not exceed One Hundred Canadian Dollars ($100.00).

 

5) Indemnity

You agree to defend, indemnify, and hold harmless, us, our officers, directors, shareholders, employees, parents, affiliates, subsidiaries, agents, representatives, suppliers, successors, assigns, or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses whatsoever (including attorney fees) made by you, or any third party, due to or arising out of or in connection with:

 

1)  Your use of and access to the App, including any data or content transmitted or received by you; 2) your violation of any terms of this Disclaimer, Terms of Use, or Privacy Agreement; 3) your violation of any third party right, including without limitation any right of privacy, right of publicity, or intellectual property rights; 4) your violation of any applicable law, rule or regulation; 5) any other party’s access and use of the App with your unique username, password, or other appropriate security code, or 6) your negligence, willful misconduct or violation of any law, or regulation. Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the App. 

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